"The Apple iPod iTunes Anti-Trust Litigation"

Filing 758

Administrative Motion to File Under Seal Apple's Opposition to Plaintiffs' Motion to Strike 750 filed by Apple Inc.. (Attachments: # 1 Proposed Order Granting Motion to Seal, # 2 Declaration of David Kiernan in Support of Motion to Seal, # 3 Exhibit 1 - 2 to Kiernan Declaration in Support of Motion to Seal, # 4 Opposition to Plaintiffs' Motion to Strike (ECF No. 750) REDACTED, # 5 Opposition to Plaintiffs' Motion to Strike (ECF No. 750) UNREDACTED, # 6 Declaration of Kiernan in Support of Apple's Opposition, # 7 Exhibit 1 to Kiernan Declaration in Support of Apple's Opposition REDACTED, # 8 Exhibit 1 to Kiernan Declaration in Support of Apple's Opposition UNREDACTED, # 9 Proposed Order Denying Plaintiffs' Motion to Strike)(Kiernan, David) (Filed on 1/27/2014)

1
2
3
4
5
6
7
8
9

Robert A. Mittelstaedt (State Bar No. 60359)
[e-mail]
Craig E. Stewart (State Bar No. 129530)
[e-mail]
David C. Kiernan (State Bar No. 215335)
[e-mail]
Amir Q. Amiri (State Bar No. 271224)
[e-mail]
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’ MOTION TO STRIKE
THE SUPPLEMENTAL REPORT OF
KEVIN MURPHY AND ROBERT
TOPEL DATED DECEMBER 20, 2013
(ECF NO. 750).

17
18
19
20
21
22
23

I, David C. Kiernan, declare as follows:

24

1.

I am a partner of Jones day, counsel of record for Defendant Apple Inc. I am an

25

active, licensed member of the State Bar of California. I make this declaration in support of

26

Apple’s Opposition to Plaintiffs’ Motion to Strike the Supplemental Report of Kevin Murphy and

27

Robert Topel Dated December 20, 2013 (ECF No. 750). I am familiar with the file maintained by

28
Kiernan Decl. ISO Apple’s Opposition
C-05-0037 YGR

1

Jones Day in this matter. The facts stated in this declaration are true and based upon my own

2

personal knowledge, and if called to testify to them, I would competently do so.

3

2.

Attached hereto as Exhibit 1 is a true and correct copy of portions of the transcript

4

of the deposition of Roger G. Noll, conducted May 16, 2013. Portions of this deposition were

5

previously filed with the Court in connection with Apple’s Motion for Summary Judgment (ECF

6

No. 74) and Plaintiffs’ Opposition (ECF No. 751) thereto. The full transcript is maintained by

7

Jones Day in its files in the ordinary course of business.

8

I declare under penalty of perjury under the laws of the United States of America, that

9

the foregoing is true and correct. Executed this 27th day of January, 2014 in San Francisco, CA.

10
SFI-851009v1

11
12

/s/ David Kiernan
David C. Kiernan

13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
-2-

Kiernan Decl. ISO Apple’s Opposition
C-05-0037 YGR