"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)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

15 THE APPLE IPOD ITUNES ANTI-TRUST
LITIGATION
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17 This Document Relates To:
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ALL ACTIONS.

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905731_1

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Lead Case No. C-05-00037-YGR
CLASS ACTION
[PROPOSED] ORDER GRANTING
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)

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Before the Court is Plaintiffs’ Administrative Motion to File Under Seal Plaintiffs’

2 Memorandum of Law in Opposition to Defendants’ Motion for Summary Judgment and to Exclude
3 Expert Testimony of Roger G. Noll; Plaintiffs’ Responsive Separate Statement in Support of
4 Opposition to Defendant’s Motion for Summary Judgment and to Exclude Expert Testimony of
5 Roger G. Noll and Exhibits 1-4, 9-17, 20-29, 31-46, 48-54, 56, and 58-62 attached to Declaration of
6 Bonny E. Sweeney in Support of Plaintiffs’ Opposition to Defendants’ Motion for Summary
7 Judgment and to Exclude Expert Testimony of Roger G. Noll.
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Specifically, plaintiffs seek leave to file under seal the following:

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Exhibit 01:

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Exhibit 02:

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Exhibit 03:

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Exhibit 04:

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Exhibit 09:
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Exhibit 10:
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Exhibit 11:
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Exhibit 12:
Exhibit 13:
Exhibit 14:
Exhibit 15:
Exhibit 16:
Exhibit 17:
Exhibit 19:
Exhibit 20:
Exhibit 21:
Exhibit 22:

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Exhibit 23:
Exhibit 24:

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Exhibit 25:

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Exhibit 26:
Exhibit 27:
Exhibit 28:
Exhibit 29:

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905731_1

Declaration of Roger G. Noll on Liability and Damages, dated
April 3, 2013 [filed under seal];
Rebuttal Declaration of Roger G. Noll on Liability and Damages,
dated November 25, 2013 [filed under seal];
Supplemental Rebuttal Declaration of Roger G. Noll on Liability
and Damages, dated January 13, 2014 [filed under seal];
Expert Report of David M. Martin Jr., Ph.D., dated April 8, 2013
[filed under seal];
Deposition Transcript of Eddy Cue, taken December 17, 2010
[filed under seal];
Deposition Transcript of Jeffrey L. Robbin, taken December 3,
2010 [filed under seal];
Deposition Transcript of Augustin J. Farrugia, taken December 8,
2010 [filed under seal];
Declaration of Augustin Farrugia in Support of Defendant’s
Renewed Motion for Summary Judgment, dated January 2011
[filed under seal];
Apple_AIIA00098417 [filed under seal];
Deposition Transcript of David K. Heller, taken December 15,
2010 [filed under seal];
Apple_AIIA01278671-74 [filed under seal];
Apple_AIIA01202393-401 [filed under seal];
Apple_AIIA00099408-09 [filed under seal];
Declaration of Lee Morse, dated January 19, 2007;
Apple_AIIA01278810-11 [filed under seal];
Apple_AIIA01385106 [filed under seal];
Deposition Transcript of Steve Jobs, taken April 12, 2011 [filed
under seal];
Apple_AIIA00090441-43 (Cue Depo. Ex. 64) [filed under seal];
Apple_AIIA_00979727 [filed under seal];
Apple_AIIA00327951-52 (Cue Deposition Exhibit 71) [filed
under seal];
Apple_AIIA00091049-51 [filed under seal];
Apple_AIIA00090447-49 [filed under seal];
Apple_AIIA00090471 [filed under seal];
Apple_AIIA00090467-68 [filed under seal];

[PROPOSED] ORDER GRANTING ADMIN MOTION TO FILE PLTFS’ MEMO OF LAW IN OPPO
TO DEF’S MSJ & TO EXCLUDE EXPERT TESTIMONY OF ROGER G. NOLL - C-05-00037-YGR

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Exhibit 31:
Exhibit 32:
Exhibit 33:
Exhibit 34:
Exhibit 35:

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Exhibit 36:
Exhibit 37:
Exhibit 38:
Exhibit 39:
Exhibit 40:
Exhibit 41:
Exhibit 42:
Exhibit 43:
Exhibit 44:
Exhibit 45:
Exhibit 46:
Exhibit 48:

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Exhibit 49:
Exhibit 50:

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Exhibit 51:

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Exhibit 52:

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Exhibit 53:

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Exhibit 54:

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905731_1

Exhibit 56:
Exhibit 58:
Exhibit 59:
Exhibit 60:
Exhibit 61:
Exhibit 62:

Apple_AIIA00090405-07 [filed under seal];
Apple_AIIA00090429-31 [filed under seal];
Rebuttal Expert Report of David M. Martin Jr., Ph.D., dated
October 30, 2013 [filed under seal];
Apple_AIIA00090485-88 [filed under seal];
Compendium of Customer Complaints Containing:
Apple_AIIA0000674-77; Apple_AIIA0002406;
Apple_AIIA00062113-15; Apple_AIIA00057320-38;
Apple_AIIA00006477-82; Apple_AIIA00007040-45;
Apple_AIIA00007064-69; Apple_AIIA00007549-56;
Apple_AIIA00007575-86; Apple_AIIA00008481-86;
Apple_AIIA00008499-504; Apple_AIIA00067464-68;
Apple_AIIA00067479-83; Apple_AIIA00067605-11;
Apple_AIIA00067632-36; Apple_AIIA00067979-83;
Apple_AIIA00069598-604; Apple_AIIA00059009-14 and
Apple_AIIA00059088-93
[filed under seal];
Apple_AIIA00093875-76 [filed under seal];
Apple_AIIA00090427 [filed under seal];
Apple_AIIA00090428 [filed under seal];
Apple_AIIA00329373 [filed under seal];
Apple_AIIA00093265 [filed under seal];
Apple_AIIA00090482-83 [filed under seal];
Apple_AIIA00094563-69 filed under seal];
Apple_AIIA00802966-67 [filed under seal];
Apple_AIIA00807080-81 [filed under seal];
Apple_AIIA00320482-84 (Cue Depo. Ex. 58) [filed under seal];
Apple_AIIA00093504 [filed under seal];
Deposition Transcript of Mark Donnelly, taken December 20,
2010 [filed under seal];
Apple_AIIA00187793-823 [filed under seal];
Deposition Transcript of Roger G. Noll, taken December 18, 2013
[filed under seal];
Deposition Transcript of Roger G. Noll, taken May 16, 2013
[filed under seal];
Deposition Transcript of Robert H. Topel, taken January 8, 2014
[filed under seal];
Deposition Transcript of Kevin M. Murphy, taken January 8, 2014
[filed under seal];
Declaration of Jeffrey M. Wooldridge in Support of Plaintiff’s
Daubert Motion to Exclude Certain Opinion Testimony of Robert
H. Topel and Kevin M. Murphy, dated December 20, 2013 [filed
under seal];
Apple_AIIA00093859 [filed under seal];
Deposition Transcript of Melanie Tucker, taken October 26, 2007
[filed under seal];
Supplemental Declaration of Augustin Farrugia, dated July 2,
2013 [filed under seal];
Deposition Transcript of Somtai Charoensak, taken January 12,
2007 [filed under seal];
Apple_AIIA00325894-97 [filed under seal]; and
Deposition Transcript of Roger G. Noll, taken April 7, 2011 [filed
under seal].

[PROPOSED] ORDER GRANTING ADMIN MOTION TO FILE PLTFS’ MEMO OF LAW IN OPPO
TO DEF’S MSJ & TO EXCLUDE EXPERT TESTIMONY OF ROGER G. NOLL - C-05-00037-YGR

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There being good cause shown based on the arguments presented in the motion, the pleadings

2 on file, and any other relevant matter, the Court GRANTS Plaintiffs’ Administrative Motion to File
3 Under Seal.
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IT IS SO ORDERED.

5 DATED: _________________________
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____________________________________
THE HON. YVONNE GONZALES ROGERS
UNITED STATES DISTRICT JUDGE

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905731_1

[PROPOSED] ORDER GRANTING ADMIN MOTION TO FILE PLTFS’ MEMO OF LAW IN OPPO
TO DEF’S MSJ & TO EXCLUDE EXPERT TESTIMONY OF ROGER G. NOLL - C-05-00037-YGR

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