"The Apple iPod iTunes Anti-Trust Litigation"

Filing 751

Administrative Motion to File Under Seal Plaintiffs' Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll; Plaintiffs' Responsive Separate Statement in Support of Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll and Exhibits 1-4, 9-17, 20-29, 31-46, 48-54, 56, and 58-62 Under Seal Pursuant to Civil L.R. 7-11 and 79-5(c) filed by Somtai Troy Charoensak, Mariana Rosen, Melanie Tucker. (Attachments: # 1 Declaration in support thereof, # 2 Proposed Order Granting Plaintiffs' Administrative Motion to Seal, # 3 Unredacted Version of Plaintiffs Memorandum of Law in Opposition to Defendants Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 4 Exhibit 1-2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5-8, # 8 Exhibit 9-17, # 9 Exhibit 18-19, # 10 Exhibit 20-29, # 11 Exhibit 30, # 12 Exhibit 31-35, # 13 Exhibit 36-46, # 14 Exhibit 47, # 15 Exhibit 48-54, # 16 Exhibit 55, # 17 Exhibit 56, # 18 Exhibit 57, # 19 Exhibit 58-62, # 20 Declaration of Bonny E. Sweeney in Support of Plaintiffs Memorandum of Law in Opposition to Defendants Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 21 Unredacted Version of Plaintiffs' Responsive Separate Statement in Support of Opposition to Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll, # 22 Proposed Order Denying Defendant's Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll)(Sweeney, Bonny) (Filed on 1/13/2014)

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 BONNY E. SWEENEY (176174)
THOMAS R. MERRICK (177987)
3 ALEXANDRA S. BERNAY (211068)
CARMEN A. MEDICI (248417)
4 JENNIFER N. CARINGAL (286197)
655 West Broadway, Suite 1900
5 San Diego, CA 92101
Telephone: [phone]
6 619/231-7423 (fax)
[e-mail]
7 [e-mail]
[e-mail]
8 [e-mail]
[e-mail]
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Class Counsel for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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THE APPLE IPOD ITUNES ANTI-TRUST
15 LITIGATION
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This Document Relates To:
ALL ACTIONS.

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Lead Case No. C-05-00037-YGR
CLASS ACTION
DECLARATION OF BONNY E. SWEENEY
IN SUPPORT OF PLAINTIFFS’
ADMINISTRATIVE MOTION TO FILE
PLAINTIFFS’ MEMORANDUM OF LAW
IN OPPOSITION TO DEFENDANT’S
MOTION FOR SUMMARY JUDGMENT
AND TO EXCLUDE EXPERT TESTIMONY
OF ROGER G. NOLL; PLAINTIFFS’
RESPONSIVE SEPARATE STATEMENT IN
SUPPORT OF OPPOSITION TO
DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT AND TO EXCLUDE EXPERT
TESTIMONY OF ROGER G. NOLL AND
EXHIBITS 1-4, 9-17, 20-29, 31-46, 48-54, 56,
AND 58-62 UNDER SEAL PURSUANT TO
CIVIL L.R. 7-11 AND 79-5(c)
DATE:
TIME:
CTRM:
JUDGE:

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905730_1

February 18, 2014
2:00 p.m.
5, 2nd Floor
Hon. Yvonne Gonzalez Rogers

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I, Bonny E. Sweeney, declare:

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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 a member of the law firm of Robbins Geller Rudman & Dowd LLP, Class Counsel
4 for the Class and for Plaintiffs Melanie Tucker, Mariana Rosen and Somtai Troy Charoensak
5 (collectively, “plaintiffs”) in this action. I have personal knowledge of the matters stated herein, and,
6 if called upon, I could and would completely testify thereto.
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2.

I submit this declaration in support of Plaintiffs’ Administrative Motion to File Under

8 Seal Plaintiffs’ Memorandum of Law in Opposition to Defendant’s Motion for Summary Judgment
9 and to Exclude Expert Testimony of Roger G. Noll; Plaintiffs’ Responsive Separate Statement in
10 Support of Opposition to Defendant’s Motion for Summary Judgment and to Exclude Expert
11 Testimony of Roger G. Noll and Exhibits 1-4, 9-17, 20-29, 31-46, 48-54, 56, and 58-62 attached to
12 Declaration of Bonny E. Sweeney in Support of Plaintiffs’ Opposition to Defendant’s Motion for
13 Summary Judgment and to Exclude Expert Testimony of Roger G. Noll (“Sweeney Opposition
14 Declaration”). The documents at issue include material that has been designated confidential under
15 the Stipulated Protective Order Regarding Confidential Information (“Protective Order”). It is
16 plaintiffs’ understanding that Apple wishes the documents to remain confidential.
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3.

Such filing under seal is necessitated by the designation of certain documents that are

18 quoted, paraphrased and referenced in Plaintiffs’ Memorandum of Law in Opposition to Defendant’s
19 Motion for Summary Judgment and to Exclude Expert Testimony of Roger G. Noll; Plaintiffs’
20 Responsive Separate Statement in Support of Opposition to Defendant’s Motion for Summary
21 Judgment and to Exclude Expert Testimony of Roger G. Noll and Exhibits 1-4, 9-17, 20-29, 31-46,
22 48-54, 56, and 58-62 attached to the Sweeney Opposition Declaration as “Confidential” by Apple.
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905730_1

DEC OF BES ISO ADMIN MOTION TO FILE MEMO OF LAW IOT DEF’S MSJ & TO EXCLUDE
EXPERT TESTIMONY OF ROGER G. NOLL - C-05-00037-YGR

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4.

Under the terms of the existing Protective Order, plaintiffs are obligated to file

2 Plaintiffs’ Memorandum of Law in Opposition to Defendant’s Motion for Summary Judgment and
3 to Exclude Expert Testimony of Roger G. Noll and Exhibits 1-4, 9-17, 20-29, 31-46, 48-54, 56, and
4 58-62 attached to the Sweeney Opposition Declaration, which reference documents designated as
5 “Confidential” under seal.
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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 13th day of January, 2014, at San Diego, California.
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s/ Bonny E. Sweeney
BONNY E. SWEENEY

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905730_1

DEC OF BES ISO ADMIN MOTION TO FILE MEMO OF LAW IOT DEF’S MSJ & TO EXCLUDE
EXPERT TESTIMONY OF ROGER G. NOLL - C-05-00037-YGR

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CERTIFICATE OF SERVICE
I hereby certify that on January 13, 2014, 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 January 13, 2014.
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s/ Bonny E. Sweeney
BONNY E. SWEENEY

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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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905730_1

[e-mail]

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Mailing Information for a Case 4:05-cv-00037-YGR "The Apple
iPod iTunes Anti-Trust Litigation"
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The following are those who are currently on the list to receive e-mail notices for this case.
Amir Q Amiri
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Francis Joseph Balint , Jr
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Alexandra Senya Bernay
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Michael D Braun
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Michael D. Braun
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Caroline Nason Mitchell
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Robert Allan Mittelstaedt
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Brian P. Murray
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George A. Riley
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Elaine A. Ryan
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Jacqueline Sailer
[e-mail]
Michael Tedder Scott
[e-mail]
Craig Ellsworth Stewart
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Bonny E. Sweeney
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