"The Apple iPod iTunes Anti-Trust Litigation"

Filing 754

Administrative Motion to File Under Seal Opposition to Plaintiffs' Daubert Motion 737 filed by Apple Inc.. (Attachments: # 1 Declaration of Kiernan ISO Admin Motion to Seal, # 2 Exhibit 1 of Kiernan ISO Admin Motion to Seal, # 3 Exhibit 2 of Kiernan ISO Admin Motion to Seal, # 4 Proposed Order Granting Motion to Seal, # 5 Apple's Opp to Pls' Daubert Motion (Redacted), # 6 Apple's Opp to Pls' Daubert Motion, # 7 Declaration of Kiernan ISO Apple's Opp to Pls' Daubert Motion, # 8 Exhibit 1-4 (Redacted), # 9 Exhibit 5-12 (Redacted), # 10 Exhibit 1-2, 6, 9-11, # 11 Proposed Order Denying Plfs' Daubert Motion)(Kiernan, David) (Filed on 1/14/2014)

Exhibit 2

Case5:05-cv-00037-JW Document454

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Filed01/14/11 Page1 of 2

Robert A. Mittelstaedt #60359
[e-mail]
Craig E. Stewart #129530
[e-mail]
David C. Kiernan #215335
[e-mail]
Michael T. Scott #255282
[e-mail]
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
[phone]
Facsimile:
[phone]
Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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THE APPLE iPOD iTUNES ANTI-TRUST
LITIGATION.

Case No. C 05-00037 JW (HRL)

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[CLASS ACTION]

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DECLARATION OF MARK BUCKLEY
IN SUPPORT OF APPLE INC.'S
RESPONSE TO PLAINTIFFS'
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL

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I, Mark Buckley, declare as follows:
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1.

I am a Financial Analyst at Apple Inc. ("Apple"). I have held this position since

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August 15,2005. I submit this declaration in support of Apple's Response to Plaintiffs'
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Administrative Motion to File Under Seal (Dkt. 434, "Administrative Motion"). The facts stated
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in this declaration are true and based upon my own personal knowledge, and if called to testify to
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them, I would competently do so.

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2.

The relief requested in the Administrative Motion is necessary and narrowly

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tailored to protect Apple's confidential business information. The redacted portions of pages 5
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Dec!. ISO Apple Ineo's Response to Plaintiffs'
Administrative Motion to Seal
C 05 00037 JW (HRL)

Case5:05-cv-00037-JW Document454

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and 6 of Plaintiffs' Motion Regarding Schedule for Class Certification and Depositions (Dkt.

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432) and page 2 of the Bernay Declaration in support thereof (Dkt. 433) contain confidential

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descriptions of data regarding Apple's transactions with iPod resellers that must be kept

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confidential in order to avoid causing substantial harm to Apple.

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3.

Apple's practices are that such infonnation is to be kept highly confidential and

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must not be publicly disclosed. Data regarding Apple's transactions with iPod resellers was

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produced to plaintiffs pursuant to the Stipulation and Protective Order Regarding Confidential

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Infonnation entered June 13,2007 ("Protective Order," Dkt. 112). The public disclosure of this

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highly confidential infonnation would cause substantial harm to Apple.

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I declare under penalty of peIjury under the laws of the United States and the State of
California that the foregoing is true and correct.
Executed this ~ day of January, 2011 in Cupertino, California.

?~~

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Mark Buckley

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SFI-658673vl

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Decl. ISO Apple lnco's Response to Plaintiffs'
Administrative Motion to Seal
C 05 00037 JW (HRL)