"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)
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?