"The Apple iPod iTunes Anti-Trust Litigation"

Filing 765

Declaration of Bonny E. Sweeney in Response re 760 Order to Show Cause, filed by Somtai Troy Charoensak, Mariana Rosen, Melanie Tucker. (Sweeney, Bonny) (Filed on 2/3/2014) Modified on 2/4/2014 (jlmS, COURT STAFF).

1 ROBBINS GELLER RUDMAN
& DOWD LLP
2 BONNY E. SWEENEY (176174)
THOMAS R. MERRICK (177987)
3 ALEXANDRA S. BERNAY (211068)
CARMEN A. MEDICI (248417)
4 JENNIFER N. CARINGAL (286197)
655 West Broadway, Suite 1900
5 San Diego, CA 92101
Telephone: [phone]
6 619/231-7423 (fax)
[e-mail]
7 [e-mail]
[e-mail]
8 [e-mail]
[e-mail]
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Class Counsel for Plaintiffs
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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THE APPLE IPOD ITUNES ANTI-TRUST
15 LITIGATION
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This Document Relates To:
ALL ACTIONS.

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Lead Case No. C-05-00037-YGR
CLASS ACTION
DECLARATION OF BONNY E. SWEENEY
IN RESPONSE TO ORDER TO SHOW
CAUSE (DKT. NO. 760)
DATE:
TIME:
CTRM:
JUDGE:

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912057_2

February 7, 2014
3:30 p.m.
5, 2nd Floor
Hon. Yvonne Gonzalez Rogers

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I, BONNY E. SWEENEY, declare:

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1.

I am an attorney duly licensed to practice before all the courts of the State of

3 California. I am a member of the law firm of Robbins Geller Rudman & Dowd LLP, Class Counsel
4 for the Class and for plaintiffs Melanie Tucker, Mariana Rosen and Somtai Troy Charoensak
5 (collectively, “plaintiffs”) in this action. I have personal knowledge of the matters stated herein, and,
6 if called upon, I could and would completely testify thereto.
7

2.

I submit this declaration in response to this Court’s Order to Show Cause, dated

8 January 29, 2014. Dkt. No. 760.
9

3.

On January 18, 2011, Apple moved for summary judgment. On May 19, 2011, The

10 Honorable Chief Judge James Ware (who at that time was presiding over this case) granted in part
11 and denied in part Apple’s motion for summary judgment. Dkt. No. 627.
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4.

On May 2, 2012, in response to plaintiffs’ argument (made in a Joint Status

13 Conference Statement, Dkt. No. 706) that further dispositive motions by Apple were “neither
14 permitted nor necessary,” Judge Ware ruled that any party could move for summary judgment as to
15 issues “which have not yet been raised before the Court.” Dkt. No. 713.
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5.

On September 5, 2012, The Honorable Judge Yvonne Gonzalez Rogers was assigned

17 to the case. Dkt. Nos. 717, 718.
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6.

In accordance with this Court’s November 1, 2013 scheduling order, motions for

19 summary judgment were due on December 20, 2013. Dkt. No. 735.
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7.

On December 21, 2013, Apple moved for summary judgment. Dkt. Nos. 738, 739,

21 740, 741. Prior to moving for summary judgment, Apple did not request a pre-motion conference or
22 submit a letter to the Court in accordance Rule 9.a. of this Court’s Standing Order in Civil Cases
23 (“Standing Order”).
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8.

Plaintiffs did not move for summary judgment.

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9.

Because plaintiffs did not move for summary judgment, plaintiffs were not a “moving

26 party” under Rule 9.a. of the Court’s Standing Order, and so did not request a pre-motion conference
27 or submit a letter seven business days prior to the proposed conference date.
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912057_2

DECLARATION OF BONNY E. SWEENEY IN RESPONSE TO ORDER TO SHOW CAUSE (DKT.
NO. 760) - C-05-00037-YGR

-1-

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10.

Pursuant to the Standing Order, any “adversary wishing to oppose the [summary

2 judgment] motion must file a written response addressing the substance of the moving party’s letter.”
3 Because Apple did not file a pre-motion conference letter, plaintiffs could not file a written response.
4 If Apple had submitted a letter in accordance with Rule 9.a., plaintiffs would have responded.
5

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

6 foregoing is true and correct. Executed this 3rd day of February, 2014, at San Diego, California.
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s/ Bonny E. Sweeney
BONNY E. SWEENEY

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912057_2

DECLARATION OF BONNY E. SWEENEY IN RESPONSE TO ORDER TO SHOW CAUSE (DKT.
NO. 760) - C-05-00037-YGR

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CERTIFICATE OF SERVICE
I hereby certify that on February 3, 2014, I authorized the electronic filing of the foregoing

3 with the Clerk of the Court using the CM/ECF system which will send notification of such filing to
4 the e-mail addresses denoted on the attached Electronic Mail Notice List, and I hereby certify that I
5 caused to be mailed the foregoing document or paper via the United States Postal Service to the non6 CM/ECF participants indicated on the attached Manual Notice List.
7

I certify under penalty of perjury under the laws of the United States of America that the

8 foregoing is true and correct. Executed on February 3, 2014.
9

s/Bonny E. Sweeney
BONNY E. SWEENEY

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ROBBINS GELLER RUDMAN
& DOWD LLP
655 West Broadway, Suite 1900
San Diego, CA 92101-3301
Telephone: [phone]
619/231-7423 (fax)

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E-mail:

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912057_2

[e-mail]

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Mailing Information for a Case 4:05-cv-00037-YGR "The Apple
iPod iTunes Anti-Trust Litigation"
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Caroline Nason Mitchell
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