"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)

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1 2 3 4 5 6 7 8 9 Robert A. Mittelstaedt (State Bar No. 60359) ramittelstaedt@JonesDay.com Craig E. Stewart (State Bar No. 129530) cestewart@JonesDay.com David C. Kiernan (State Bar No. 215335) dkiernan@JonesDay.com Amir Q. Amiri (State Bar No. 271224) aamiri@JonesDay.com JONES DAY 555 California Street, 26th Floor San Francisco, CA 94104 Telephone: +1.415.626.3939 Facsimile: +1.415.875.5700 Attorneys for Defendant APPLE INC. 10 UNITED STATES DISTRICT COURT 11 NORTHERN DISTRICT OF CALIFORNIA 12 OAKLAND DIVISION 13 14 15 THE APPLE IPOD ITUNES ANTITRUST LITIGATION Case No. C-05-0037 YGR [CLASS ACTION] 16 DECLARATION OF DAVID C. KIERNAN IN SUPPORT OF APPLE’S OPPOSITION TO PLAINTIFFS’ DAUBERT MOTION 17 18 19 20 21 I, David C. Kiernan, declare as follows: 22 1. I am a partner of Jones day, counsel of record for Defendant Apple Inc. I am an 23 active, licensed member of the State Bar of California. I make this declaration in support of 24 Apple’s Opposition to Plaintiffs’ Daubert Motion to Exclude Certain Opinion Testimony of 25 Kevin M. Murphy and Robert H. Topel. I am familiar with the file maintained by Jones Day in 26 this matter. The facts stated in this declaration are true and based upon my own personal 27 knowledge, and if called to testify to them, I would competently do so. 28 Kiernan Decl. C-05-0037 YGR 1 2. Attached hereto as Exhibit 1 is a true and correct copy of portions of the transcript 2 of the deposition of Kevin M. Murphy, Ph.D., conducted January 8, 2014. The full transcript is 3 maintained by Jones Day in its files in the ordinary course of business. 4 3. Attached hereto as Exhibit 2 is a true and correct copy of portions of the 5 transcript of the deposition of Robert H. Topel, Ph.D., conducted January 8, 2014. The full 6 transcript is maintained by Jones Day in its files in the ordinary course of business. 7 4. Attached hereto as Exhibit 3 is a true and correct copy of Chapter 6 8 (“Econometrics and Regression Analysis”) of the ABA Section of Antitrust Law, Proving 9 Antitrust Damages: Legal and Economic Issues, 2d Ed. (ABA Publishing, 2010). A full copy of 10 11 the book is available in Jones Day’s legal library. 5. Attached hereto as Exhibit 4 is a true and correct copy of Chapter 8 12 (“Nonstandard Standard Error Issues”) of Angrist, Joshua and Jorn-Steffan Pischke, Mostly 13 Harmless Econometrics, An Empiricists Companion (Princeton Univ. Press, 2009). Jones Day 14 maintains this book in its files as part of its defense of Apple in this matter. 15 6. Attached hereto as Exhibit 5 is a true and correct copy of the Preface and Chapter 16 20 (“Stratified Sampling and Cluster Sampling”) of Wooldridge, Jeffrey M., Econometric 17 Analysis of Cross Section and Panel Data, 2d Ed. (MIT Press, 2010). Jones Day maintains this 18 book in its files as part of its defense of Apple in this matter. 19 7. Attached hereto as Exhibit 6 is a true and correct copy of portions of the transcript 20 of the deposition of Roger G. Noll, Ph.D., conducted January December 18, 2013. The full 21 transcript is maintained by Jones Day in its files in the ordinary course of business. 22 8. Attached hereto as Exhibit 7 is a true and correct copy of Cameron, Colin A. and 23 Douglas Miller, A Practitioner’s Guide to Cluster-Robust Inference (UC Davis, 2013). Jones 24 Day maintains this article in its files as part of its defense of Apple in this matter. 25 9. Attached hereto as Exhibit 8 is a true and correct copy of Solon, Gary and Steven 26 J. Haider and Jeffrey M. Wooldridge, What are we Weighting for? (NBER, 2013). Jones Day 27 maintains this article in its files as part of its defense of Apple in this matter. 28 -2- Kiernan Decl. C-05-0037 YGR 1 10. Attached hereto as Exhibit 9 is a true and correct copy of portions of the transcript 2 of the deposition of Roger G. Noll, Ph.D., conducted May 16, 2013. The full transcript is 3 maintained by Jones Day in its files in the ordinary course of business. 4 11. Attached as Exhibit 10 is a true and correct copy of Apple’s Price Committee 5 presentation, dated Aug. 16, 2007, bearing Bates stamp Apple_AIIA01276342. This document 6 was produced to plaintiffs during the course of this litigation and is maintained by Jones Day in 7 its files in the ordinary course of business. 8 9 10 11 12. Attached hereto as Exhibit 11 is a true and correct copy of portions of the transcript of the deposition of Jeffrey M. Wooldridge, Ph.D., conducted Jan. 6, 2014. The full transcript is maintained by Jones Day in its files in the ordinary course of business. 13. Attached hereto as Exhibit 12 is a true and correct copy of Hansen, Christian, 12 Asymptotic Properties of a Robust Variance Matrix Estimator for Panel Data When T is Large, 13 (J. Econometrics, 2007). Jones Day maintains this article in its files as part of its defense of 14 Apple in this matter. 15 I declare under penalty of perjury under the laws of the United States of America, that 16 the foregoing is true and correct. Executed this 13th day of January, 2014 in San Francisco, CA. 17 SFI-849031v1 18 19 /s/ David Kiernan David C. Kiernan 20 21 22 23 24 25 26 27 28 -3- Kiernan Decl. C-05-0037 YGR

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