"The Apple iPod iTunes Anti-Trust Litigation"

Filing 695

STIPULATION re 694 Order [Extending Time to File Proposed Form of Notice and Notice Plan] by Melanie Tucker. (Attachments: # 1 Declaration of Alexandra S. Bernay in Support Thereof, # 2 Proposed Order)(Bernay, Alexandra) (Filed on 12/7/2011)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 JOHN J. STOIA, JR. (141757)
BONNY E. SWEENEY (176174)
3 THOMAS R. MERRICK (177987)
ALEXANDRA S. BERNAY (211068)
4 CARMEN A. MEDICI (248417)
655 West Broadway, Suite 1900
5 San Diego, CA 92101
Telephone: [phone]
6 619/231-7423 (fax)
[e-mail]
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[e-mail]
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[e-mail]
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Class Counsel for Plaintiffs
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[Additional counsel appear on signature page.]
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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THE APPLE IPOD ITUNES ANTI-TRUST ) Lead Case No. C-05-00037-JW
15 LITIGATION
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) CLASS ACTION
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) DECLARATION OF ALEXANDRA S.
This Document Relates To:
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) BERNAY IN SUPPORT OF STIPULATION
) REGARDING EXTENDING TIME TO FILE
ALL ACTIONS.
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) PROPOSED FORM OF NOTICE AND
NOTICE PLAN
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669929_1

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I, Alexandra S. Bernay, declare as follows:

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1.

I am an attorney duly licensed to practice before all of the courts of the State of

3 California. I am associated with the law firm of Robbins Geller Rudman & Dowd LLP, Class
4 Counsel of record for Plaintiffs Melanie Tucker, Mariana Rosen and Somtai Troy Charoensak
5 (“Plaintiffs”) in the above-entitled action. I have personal knowledge of the matters stated herein,
6 and, if called upon, I could and would competently testify thereto.
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2.

I submit this declaration in support of the Stipulation Regarding Extending Time to

8 File Proposed Form of Notice and Notice Plan.
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3.

On November 22, 2011, the Court granted Plaintiffs’ motion for class certification

10 and ordered that the Parties file a proposed form of notice and joint notice plan by December 9,
11 2011.
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4.

On November 30, 2011, I asked Apple for information on potential Class Members’

13 contact information. On December 6, 2011, Apple provided certain information, including the
14 number of email addresses and postal addresses it maintains for potential Class Members.
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5.

I understand from numerous discussions with the proposed notice administrator, Rust

16 Consulting, that detailed information regarding Apple’s customer data is necessary in order to
17 properly formulate a notice plan. I have been told by the administrator that they need to know, for
18 example, whether there are also mailing addresses available for potential Class Members, whether
19 the email addresses are linked to specific models of iPods and whether the numbers are thought to be
20 over or under-inclusive of the potential class membership. These details affect the type of notice
21 considered, the costs of such a notice and the avenues through which the notice will be disseminated.
22 For example, the administrator has explained that if the email addresses are thought to be under23 inclusive, consideration should be given to adding a print publication dimension to the notice plan.
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6.

Additionally, in order to formulate a proper notice plan, I understand from the

25 administrator that information regarding the resellers in the class is necessary. According to the
26 administrator, these Class Members will likely be reached in a different manner than the consumer
27 Class Members and mailing addresses for the resellers will need to be examined. This is not
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669929_1

DEC OF ALEXANDRA S. BERNAY IN SUPPORT OF STIPULATION REGARDING EXTENDING
TIME TO FILE PROPOSED FORM OF NOTICE AND NOTICE PLAN - C-05-00037-JW

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1 information that has been provided yet and I understand that Apple will have to investigate these and
2 potentially other issues.
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7.

To expedite the process, Plaintiffs’ counsel and Apple’s counsel have agreed to meet

4 with the administrator to discuss the above questions and any other questions it may have.
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8.

The proposed extension will not affect the schedule in this case.

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I declare under penalty of perjury under the laws of the United States of America that the

7 foregoing is true and correct. Executed this 7th day of December, 2011, at San Diego, California.
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s/ Alexandra S. Bernay
ALEXANDRA S. BERNAY

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669929_1

DEC OF ALEXANDRA S. BERNAY IN SUPPORT OF STIPULATION REGARDING EXTENDING
TIME TO FILE PROPOSED FORM OF NOTICE AND NOTICE PLAN - C-05-00037-JW

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CERTIFICATE OF SERVICE
I hereby certify that on December 7, 2011, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to
4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
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I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on December 7, 2011.
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s/ Alexandra S. Bernay
ALEXANDRA S. BERNAY

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ROBBINS GELLER RUDMAN
& DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-3301
Telephone: [phone]
619/231-7423 (fax)

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E-mail:

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669929_1

[e-mail]

CAND-ECF-

Page 1 of 2

Mailing Information for a Case 5:05-cv-00037-JW
Electronic Mail Notice List
The following are those who are currently on the list to receive e-mail notices for this case.
Francis Joseph Balint , Jr
[e-mail]
Alexandra Senya Bernay
[e-mail]
Michael D Braun
[e-mail]
Michael D. Braun
[e-mail],[e-mail]
Todd David Carpenter
[e-mail],[e-mail],[e-mail]
Andrew S. Friedman
[e-mail],[e-mail],[e-mail]
Alreen Haeggquist
[e-mail],[e-mail],[e-mail]
Roy Arie Katriel
[e-mail],[e-mail]
Thomas J. Kennedy
[e-mail]
David Craig Kiernan
[e-mail],[e-mail]
Carmen Anthony Medici
[e-mail],[e-mail]
Thomas Robert Merrick
[e-mail],[e-mail],[e-mail]
Caroline Nason Mitchell
[e-mail],[e-mail]
Robert Allan Mittelstaedt
[e-mail],[e-mail]
Brian P. Murray
[e-mail]
George A. Riley
[e-mail],[e-mail],[e-mail]
Elaine A. Ryan

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?465244038779506-L_366_0-1

12/7/2011

CAND-ECF-

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[e-mail],[e-mail]
Jacqueline Sailer
[e-mail]
Michael Tedder Scott
[e-mail]
Craig Ellsworth Stewart
[e-mail],[e-mail]
John J. Stoia , Jr
[e-mail]
Bonny E. Sweeney
[e-mail],[e-mail],[e-mail]
Helen I. Zeldes
[e-mail]

Manual Notice List
The following is the list of attorneys who are not on the list to receive e-mail notices for this case (who therefore require
manual noticing). You may wish to use your mouse to select and copy this list into your word processing program in order to
create notices or labels for these recipients.
(No manual recipients)

https://ecf.cand.uscourts.gov/cgi-bin/MailList.pl?465244038779506-L_366_0-1

12/7/2011