"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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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: (415) 626-3939 Facsimile: (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 ANTI-TRUST LITIGATION. Case No. C 05-00037 YGR [CLASS ACTION] 16 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 17 18 19 20 21 1. I am a partner in the law firm of Jones Day, located at 555 California Street, 26th 22 Floor, San Francisco, CA 94104. I am a member in good standing of the State Bar of California 23 and represent Apple, Inc. in this case. I submit this declaration in support of Apple’s L.R. 7- 24 3(D)(1) Objection to the Supplemental Declaration of Jeffrey M. Wooldridge, filed herewith. 25 The facts stated in this declaration are true and based upon my own personal knowledge, and if 26 called to testify to them, I would competently do so. 27 28 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 -1- Decl. ISO Admin. Motion to Seal C 05-00037 YGR 1 30, 2013 and January 2, 2014. These documents are maintained by Jones Day in its files in the 2 ordinary course of its business. The attached email also reflects subsequent messages sent to 3 plaintiffs’ counsel regarding the deadline for document production, as necessitated by the fact that 4 Dr. Wooldridge’s deposition date was not yet finalized when the subpoena was first served. 5 3. Attached hereto as Exhibit 2 is a true and correct copy of the responses to the 6 subpoenas (and the service email), executed by Jeffrey M. Wooldridge on January 7, 2014 and 7 served via email. This document is maintained by Jones Day in its files in the ordinary course of 8 its business. 9 4. The only document produced pursuant to the document subpoena was a copy of 10 the engagement letter between plaintiffs’ counsel and Dr. Wooldridge, on January 6, 2014 during 11 the deposition of Dr. Wooldridge. A copy of this letter was subsequently served via email on 12 January 7, as indicated in Exhibit 2 above. 13 14 15 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. 16 17 /s/ David C. Kiernan David C. Kiernan 18 19 SFI-852411v1 20 21 22 23 24 25 26 27 28 -2- Decl. ISO Admin. Motion to Seal C 05-00037 YGR

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