"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).

Exhibit 1

Subject:

Fw: Wooldridge -- Litigation Engagements

From:

Amir Amiri

01/02/2014 04:48 PM

Extension: 35860

To:
Cc:

XanB
David Kiernan

From:

Amir Amiri/JonesDay Ext. 35860

To:

[e-mail],

Cc:

David Kiernan/JonesDay@JonesDay

Xan,
Attached, please find a deposition subpoena and notice of same for Dr. Wooldridge.
Further -- and I left you a voicemail regarding this issue -- we would request that Dr. Wooldridge produce
documents at the deposition. As you may recall, at the time we served the document subpoena to Dr.
Wooldridge, it was not yet clear when we would take Dr. Wooldridge's deposition. The document
subpoena called for production on January 7, 2014. Since then, we have confirmed Dr. Wooldridge's
deposition for January 6, the day before the production is due. Accordingly, the attached deposition
subpoena requests that Dr. Wooldridge produce the requested documents at the time of his deposition.
Additionally, we request that you provide us with whatever documents you can prior to the deposition so
that we can effectively prepare. We trust that we can at least have responses to Requests 8 and 9 as
these are likely already in your possession.
Regards,
Amir

Wooldridge Subpoena.PDF

Amir Q. Amiri
Associate
JONES DAY® - One Firm Worldwide℠
555 California Street, 26th Floor
San Francisco, CA 94104
Office +1.415.875.5860
Fax [phone]
[e-mail]
----- Forwarded by Amir Amiri/JonesDay on 01/02/2014 04:16 PM ----From:
To:
Cc:
Date:
Subject:

Amir Amiri/JonesDay
[e-mail],
David Kiernan/JonesDay@JonesDay
12/30/2013 06:14 PM
Fw: Wooldridge -- Litigation Engagements

Xan,
Attached please find a document subpoena for Dr. Wooldridge. We trust you are accepting service on his
behalf, as has been the practice in this case. Please let us know if we are mistaken and you are not
accepting service.

Regards,
Amir

SFI_848026_1_Wooldridge -- Doc Subpoena.PDF

Amir Q. Amiri
Associate
JONES DAY® - One Firm Worldwide℠
555 California Street, 26th Floor
San Francisco, CA 94104
Office +1.415.875.5860
Fax [phone]
[e-mail]
----- Forwarded by Amir Amiri/JonesDay on 12/30/2013 06:10 PM ----From:
To:
Cc:
Date:
Subject:

Amir Amiri/JonesDay
[e-mail],
David Kiernan/JonesDay@JonesDay
12/30/2013 11:12 AM
Wooldridge -- Litigation Engagements

Hi Xan,
Reading through Dr. Wooldridge's expert report and CV, I did not find a list of previous litigation
engagements. Do you have this information on hand or can you get it for us?
Thanks,
Amir
Amir Q. Amiri
Associate
JONES DAY® - One Firm Worldwide℠
555 California Street, 26th Floor
San Francisco, CA 94104
Office +1.415.875.5860
Fax [phone]
[e-mail]
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Exhibit 2

Page 1 of 1

Subject:
The Apple iPod iTunes Anti-Trust Litigation, Lead Case No. C-05-00037-YGR
From:
Shonda Landry
01/08/2014 03:44 PM
To:
'[e-mail]', '[e-mail]', '[e-mail]',
'[e-mail]'
Cc:
Bonny Sweeney, Xan Bernay, "Carmen Medici", Jennifer Caringal
Hide Details
From: Shonda Landry <[e-mail]>
To: "'[e-mail]'" <[e-mail]>,
"'[e-mail]'" <[e-mail]>, "'[e-mail]'"
<[e-mail]>, "'[e-mail]'" <[e-mail]>,
Cc: Bonny Sweeney <[e-mail]>, Xan Bernay <[e-mail]>,
"Carmen Medici" <[e-mail]>, Jennifer Caringal <[e-mail]>
2 Attachments
Wooldridge00001-6_highly confidential.pdf Jeffrey M Wooldrige's Response to Apple Inc's Subpoena.pdf

Counsel,
Please find attached Jeffrey M. Wooldridge’s Response to Apple Inc.’s Subpoena and Retention Agreement.
A hard copy will follow by U.S. Mail.
Thank you,

Shonda L. Landry
Legal Secretary
Robbins Geller Rudman & Dowd LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
Tel [phone] | Fax [phone]

NOTICE: This email message is for the sole use of the intended
recipient(s) and may contain information that is confidential and
protected from disclosure by the attorney-client privilege, as
attorney work product, or by other applicable privileges. Any
unauthorized review, use, disclosure or distribution is prohibited.
If you are not the intended recipient, please contact the sender
by reply email and destroy all copies of the original message.

file:///C:/Users/JP012722/AppData/Local/Temp/1/notesBB2760/~web8643.htm

2/6/2014

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]
9
Class Counsel for Plaintiffs
10
11
UNITED STATES DISTRICT COURT
12
NORTHERN DISTRICT OF CALIFORNIA
13
OAKLAND DIVISION
14
THE APPLE IPOD ITUNES ANTI-TRUST
15 LITIGATION
16
17

This Document Relates To:
ALL ACTIONS.

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24
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904790_1

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Lead Case No. C-05-00037-YGR
CLASS ACTION
JEFFREY M. WOOLDRIDGE’S RESPONSE
TO APPLE INC.’S SUBPOENA

1

Pursuant to Rule 45 of the Federal Rules of Civil Procedure, Jeffrey M. Wooldridge hereby

2 responds to the document requests in the Attachments as to the subpoenas served on him by Apple
3 Inc.
4 I.

PRELIMINARY STATEMENT

5

Professor Wooldridge objects to Apple Inc.’s requests to the extent that responding to the

6 requests would impose obligations on Professor Wooldridge beyond those set forth in the Federal
7 Rules of Civil Procedure as modified by the parties’ Stipulation and Order Regarding Discovery
8 Related to Testifying Experts in this Matter (“Stipulation and Order”), entered by the Court on July
9 11, 2008. Professor Wooldridge will respond to these requests consistent with the requirements of
10 the Stipulation and Order.
11 REQUEST NO. 1:
12

All documents you reviewed, consulted or relied on in forming or reaching any opinion you

13 offered or intend to offer in this case. For any unaltered documents that have been produced by any
14 party to this action, you may provide a list of the production numbers of documents considered by
15 you, rather than copies of those documents.
16 RESPONSE TO REQUEST NO. 1:
17

Professor Wooldridge objects to this request to the extent that it would impose obligations

18 beyond those set forth in the parties’ Stipulation and Order. Subject to this objection and consistent
19 with the Stipulation and Order, Professor Wooldridge responds that he has produced or otherwise
20 identified all documents on which he relied in rendering his opinions set forth in his declaration
21 dated December 20, 2013.
22 REQUEST NO. 2:
23

All documents containing, reflecting, or summarizing any data or other information upon

24 which you relied in forming any opinions stated by you in any declaration or report (including in any
25 and all supplemental, corrected or rebuttal reports) submitted in this action. For any unaltered
26 document that has been produced by any party to this action, you may provide a list of the
27 production numbers of documents provided to you, rather than copies of the documents.
28
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JEFFREY M. WOOLDRIDGE’S RESPONSE TO APPLE INC.’S SUBPOENA - C-05-00037-YGR

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1 RESPONSE TO REQUEST NO. 2:
2

Professor Wooldridge objects to this request to the extent that it would impose obligations

3 beyond those set forth in the parties’ Stipulation and Order. Subject to this objection and consistent
4 with the Stipulation and Order, Professor Wooldridge responds that he has produced or otherwise
5 identified all documents on which he relied in rendering his opinions set forth in his Declaration
6 dated December 20, 2013.
7 REQUEST NO. 3:
8

All documents reflecting any statements made by you, including, but not limited to, all

9 deposition transcripts, declarations, affidavits, reports and/or transcripts of court testimony given in
10 any litigation in which you were retained as an expert during the past four years.
11 RESPONSE TO REQUEST NO. 3:
12

Professor Wooldridge objects to this request to the extent that it would impose obligations

13 beyond those set forth in the parties’ Stipulation and Order. Professor Wooldridge further objects
14 that this request is overbroad and unduly burdensome as it requests “[a]ll documents reflecting any
15 statements made” by Professor Wooldridge. Professor Wooldridge further objects to the extent that
16 this request seeks information protected by the attorney-client privilege, the attorney work-product
17 doctrine, or any other applicable privilege or doctrine. Professor Wooldridge also objects to the
18 extent this request seeks documents that are not relevant to the subject matter of this action or not
19 reasonably calculated to lead to the discovery of admissible evidence, and to the extent that this
20 request seeks documents subject to a court sealing order or that are otherwise protected from
21 disclosure. Professor Wooldridge will read this request to call for declarations, affidavits, reports or
22 testimony submitted or given in the actions responsive to Request No. 3. Subject to these objections
23 and consistent with the Stipulation and Order, Professor Wooldridge responds that he has no
24 responsive documents to this request.
25 REQUEST NO. 4:
26

All documents containing or reflecting any opinions and/or testimony offered by you

27 regarding the calculation of standard errors in regression analyses, including but not limited to,
28 accounting for correlation of error terms or residuals.
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JEFFREY M. WOOLDRIDGE’S RESPONSE TO APPLE INC.’S SUBPOENA - C-05-00037-YGR

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1 RESPONSE TO REQUEST NO. 4:
2

Professor Wooldridge objects to this request to the extent that it would impose obligations

3 beyond those set forth in the parties’ Stipulation and Order. Professor Wooldridge further objects on
4 the ground that requesting “[a]ll documents containing or reflecting any opinions and/or testimony
5 offered by you” is overly broad and unduly burdensome. Professor Wooldridge further objects to the
6 extent that this request seeks information protected by the attorney-client privilege, the attorney
7 work-product doctrine or any other applicable privilege or doctrine. Professor Wooldridge will read
8 this request to call for opinions offered in a report, declaration, affidavit or testimony submitted or
9 given in another action. Professor Wooldridge also objects on the ground that “regarding the
10 calculation of standard errors in regression analyses” is vague, ambiguous, overly broad, and unduly
11 burdensome. Professor Wooldridge further objects to the extent that this request seeks documents
12 submitted pursuant to a court sealing order or that are otherwise protected from disclosure. Professor
13 Wooldridge objects to the extent this request seeks documents that are not relevant to the subject
14 matter of this action or not reasonably calculated to lead to the discovery of admissible evidence.
15 Subject to these objections and consistent with the Stipulation and Order, Professor Wooldridge
16 responds that that he has no responsive documents to this request.
17 REQUEST NO. 5:
18

All documents containing or reflecting any statements or opinions offered by you regarding

19 the clustering, cluster sampling, and/or cluster analysis.
20 RESPONSE TO REQUEST NO. 5:
21

Professor Wooldridge objects to this request to the extent that it would impose obligations

22 beyond those set forth in the parties’ Stipulation and Order. Professor Wooldridge objects that “[a]ll
23 documents containing or reflecting any statements or opinions offered by you” is vague, ambiguous,
24 overly broad and unduly burdensome. Professor Wooldridge further objects to the extent that this
25 request seeks information protected by the attorney-client privilege, the attorney work-product
26 doctrine or any other applicable privilege or doctrine. Professor Wooldridge will read it to call for
27 opinions offered in a report, declaration, affidavit or testimony submitted or given in another action.
28 Professor Wooldridge also objects on the ground that “regarding the clustering, cluster sampling,
904790_1

JEFFREY M. WOOLDRIDGE’S RESPONSE TO APPLE INC.’S SUBPOENA - C-05-00037-YGR

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1 and/or cluster analysis” is vague, ambiguous, overly broad, and unduly burdensome. Professor
2 Wooldridge further objects to the extent that this request seeks documents submitted pursuant to a
3 court sealing order or that are otherwise protected from disclosure. Professor Wooldridge objects to
4 the extent this request seeks documents that are not relevant to the subject matter of this action or not
5 reasonably calculated to lead to the discovery of admissible evidence. Subject to these objections and
6 consistent with the Stipulation and Order, Professor Wooldridge responds that he has no responsive
7 documents to this request.
8 REQUEST NO. 6:
9

All versions of your curriculum vitae since 2003. To the extent the later created documents

10 merely add to prior versions, and no information is deleted, it is sufficient to produce only the later
11 created, more complete document.
12 RESPONSE TO REQUEST NO. 6:
13

Professor Wooldridge objects to this request to the extent that it would impose obligations

14 beyond those set forth in the parties’ Stipulation and Order. Professor Wooldridge also objects to the
15 extent that this request seeks documents that are not relevant to the subject matter of this action or
16 not reasonably calculated to lead to the discovery of admissible evidence. Subject to these objections
17 and consistent with the Stipulation and Order, Professor Wooldridge responds that he has previously
18 produced his complete curriculum vitae.
19 REQUEST NO. 7:
20

All of your publications, presentations and/or speeches.

21 RESPONSE TO REQUEST NO. 7:
22

Professor Wooldridge objects to this request to the extent that it would impose obligations

23 beyond those set forth in the parties’ Stipulation and Order. Professor Wooldridge further objects on
24 the ground that the request is overly broad and unduly burdensome. Professor Wooldridge also
25 objects to the extent that this request seeks documents that are not relevant to the subject matter of
26 this action or not reasonably calculated to lead to the discovery of admissible evidence. Professor
27 Wooldridge objects to this request on the ground that it is unduly burdensome and oppressive to the
28 extent that they it requests publicly available information, information already in Apple’s possession,
904790_1

JEFFREY M. WOOLDRIDGE’S RESPONSE TO APPLE INC.’S SUBPOENA - C-05-00037-YGR

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APPLE TYING
Service List - 1/8/2014
Page 1 of 1

(06-0171)

Counsel for Defendant(s)
Robert A. Mittelstaedt
Craig E. Stewart
David Craig Kiernan
Jones Day
555 California Street, 26th Floor
San Francisco, CA 94104
415/626-3939
415/875-5700(Fax)

Counsel for Plaintiff(s)
Andrew S. Friedman
Elaine A. Ryan
Bonnett, Fairbourn, Friedman & Balint, P.C.
2325 E. Camelback Road, Suite 300
Phoenix, AZ 85016
602/274-1100
602/274-1199(Fax)

Michael D. Braun
Marc L. Godino
Braun Law Group, P.C.
10680 West Pico Blvd., Suite 280
Los Angeles, CA 90064
310/836-6000
310/836-6010(Fax)

Brian P. Murray
Glancy Binkow & Goldberg LLP
122 East 42nd Street, Suite 2920
New York, NY 10005
212/682-5340
310/201-9160(Fax)

Bonny E. Sweeney
Alexandra S. Bernay
Thomas R. Merrick
Robbins Geller Rudman & Dowd LLP
655 West Broadway, Suite 1900
San Diego, CA 92101
619/231-1058
619/231-7423(Fax)

Roy A. Katriel
The Katriel Law Firm
1101 30th Street, N.W., Suite 500
Washington, DC 20007
202/625-4342
866/373-4023(Fax)