"The Apple iPod iTunes Anti-Trust Litigation"

Filing 771

OBJECTIONS to Supplemental Declaration of Jeffrey M. Wooldridge re [763-5] Administrative Motion to File Under Seal, filed by Apple Inc.. (Attachments: # 1 Declaration of Kiernan Decl ISO Obj to Wooldridge Supp, # 2 Exhibit to Kiernan Decl ISO Obj to Wooldridge Supp)(Kiernan, David) (Filed on 2/7/2014) Modified on 2/10/2014 (jlmS, COURT STAFF).

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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:
[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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OAKLAND DIVISION

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THE APPLE iPOD iTUNES ANTI-TRUST
LITIGATION.

Case No. C 05-00037 YGR
[CLASS ACTION]

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DECLARATION OF DAVID C.
KIERNAN IN SUPPORT OF APPLE
INC.’S L.R. 7-3(D)(1) OBJECTION TO
THE SUPPLEMENTAL DECLARATION
OF JEFFREY M. WOOLDRIDGE

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1.

I am a partner in the law firm of Jones Day, located at 555 California Street, 26th

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Floor, San Francisco, CA 94104. I am a member in good standing of the State Bar of California

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and represent Apple, Inc. in this case. I submit this declaration in support of Apple’s L.R. 7-

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3(D)(1) Objection to the Supplemental Declaration of Jeffrey M. Wooldridge, filed herewith.

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The facts stated in this declaration are true and based upon my own personal knowledge, and if

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called to testify to them, I would competently do so.

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2.

Attached hereto as Exhibit 1 are true and correct copies of document request and

deposition subpoenas (and the service email) served on Plaintiffs’ counsel via email on December
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Decl. ISO Admin. Motion to Seal
C 05-00037 YGR

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30, 2013 and January 2, 2014. These documents are maintained by Jones Day in its files in the

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ordinary course of its business. The attached email also reflects subsequent messages sent to

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plaintiffs’ counsel regarding the deadline for document production, as necessitated by the fact that

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Dr. Wooldridge’s deposition date was not yet finalized when the subpoena was first served.

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3.

Attached hereto as Exhibit 2 is a true and correct copy of the responses to the

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subpoenas (and the service email), executed by Jeffrey M. Wooldridge on January 7, 2014 and

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served via email. This document is maintained by Jones Day in its files in the ordinary course of

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its business.

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4.

The only document produced pursuant to the document subpoena was a copy of

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the engagement letter between plaintiffs’ counsel and Dr. Wooldridge, on January 6, 2014 during

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the deposition of Dr. Wooldridge. A copy of this letter was subsequently served via email on

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January 7, as indicated in Exhibit 2 above.

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5.

No other documents were produced prior to the service of Dr. Wooldridge’s

supplemental declaration, dated January 31, 2014.
Executed this 7th day of February, 2014 in San Francisco, California.

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/s/ David C. Kiernan
David C. Kiernan

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SFI-852411v1

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Decl. ISO Admin. Motion to Seal
C 05-00037 YGR