"The Apple iPod iTunes Anti-Trust Litigation"

Filing 729

STIPULATION WITH PROPOSED ORDER Regarding Schedule, filed by Apple Inc., Somtai Troy Charoensak, Mariana Rosen, Stacie Somers, Melanie Tucker. (Attachments: # 1 Declaration Declaration of David Kiernan in Support of Stipulated Proposed Order Regarding the Schedule)(Kiernan, David) (Filed on 5/31/2013) Modified on 6/3/2013 (jlm, COURT STAFF).

1
2
3
4
5
6
7
8

Robert A. Mittelstaedt #60359
[e-mail]
Craig E. Stewart #129530
[e-mail]
David C. Kiernan #215335
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
APPLE INC.

9

UNITED STATES DISTRICT COURT

10

NORTHERN DISTRICT OF CALIFORNIA

11

OAKLAND DIVISION

12
13
14

THE APPLE iPOD iTUNES ANTI-TRUST
LITIGATION.

Lead Case No. C 05-00037 YGR
[CLASS ACTION]

15
16
17

DECLARATION OF DAVID KIERNAN
IN SUPPORT OF STIPULATED
PROPOSED ORDER REGARDING THE
SCHEDULE

This Document Relates To:
ALL ACTIONS.

18
19
20

1.

I am a partner in the law firm of Jones Day, located at 555 California Street, 26th

21

Floor, San Francisco, CA 94104. I submit this declaration in support of the parties Stipulated

22

Proposed Order Regarding Schedule. The facts stated in this declaration are true and based upon

23

my own personal knowledge, and if called to testify to them, I would competently do so.

24
25
26
27
28

2.

On January 28, 2013, this Court entered the schedule for expert discovery and

other events proposed by the parties.
3.

On April 1, 2013, as part of a case management conference statement, the parties

submitted stipulated amendments to the schedule based on information then known to them.
4.

After the parties’ submission, counsel for Apple (Mr. Mittelstaedt, Mr. Stewart,
-1-

Decl. ISO Stipulated Proposed Order Regarding
Schedule
C 05-00037 YGR

1

and Mr. Kiernan) received an order in another complex antitrust case that reset the schedule in

2

that case and imposed substantial new briefing and discovery obligations, with deadlines

3

occurring during the same period as the deadlines in this case for Apple’s expert reports.

4

5.

Among other things, counsel for Apple in the other matter is currently preparing to

5

take the depositions of experts, preparing rebuttal expert reports, and drafting an opposition brief.

6

Apple’s counsel has worked diligently to meet the deadlines in both this case and in the other

7

case, but despite that effort believes that the current deadline for Apple’s expert reports in this

8

case does not afford Apple adequate additional time to complete its expert reports.

9

6.

In addition to Apple’s scheduling issues, I understand that plaintiffs class counsel

10

and their experts are also faced with conflicts. According to counsel for plaintiffs, counsel has a

11

final approval hearing on the settlement of another large complex antitrust action on September

12

12, and a trial call on another on September 17, 2013. Further, plaintiffs’ economist expert is

13

unavailable from the end of July through the first two weeks of August, 2013.

14

7.

After meeting and conferring over the last eleven days on dates that will avoid

15

conflicts and accommodate the schedules of counsel for plaintiffs and their experts, the parties

16

have agreed and stipulate to amend the dates in the schedule as set forth in the stipulated proposed

17

order.

18
19

8.

The proposed changes to the schedule will not impact the trial date in this action,

which has not been set.

20
21

Executed this 31st day of May, 2013 in San Francisco, California.

22
23

/s/ David C. Kiernan
David C. Kiernan

24
25
26
27
28
-2-

Decl. ISO Stipulated Proposed Order Regarding
Schedule
C 05-00037 YGR