Gomelsky v. Apple, Inc.

Filing 90

Declaration of Alexei Klestoff in Support of 87 MOTION to Dismiss the Third Amended Complaint filed byApple, Inc.. (Attachments: # 1 Exhibit A)(Related document(s) 87 ) (Preovolos, Penelope) (Filed on 6/28/2010)

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PENELOPE A. PREOVOLOS (CA SBN 87607) ([e-mail]) ANDREW D. MUHLBACH (CA SBN 175694) ([e-mail]) ALEXEI KLESTOFF (CA SBN 224016) ([e-mail]) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: [phone] Facsimile: 415.268.7522 Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT

10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DECLARATION OF ALEXEI KLESTOFF CASE NO. C-08-04969 JF, C-09-01649 JF sf-2857491

REUBEN BERENBLAT, ANDREW PERSONETTE, EARL C. SIMPSON, LAURA MILLER, On behalf of themselves and all others similarly situated, Plaintiffs, v. APPLE INC., Defendant. THOMAS WAGNER, SCOTT MEYERS, On behalf of themselves and all others similarly situated, Plaintiffs, v. APPLE INC., Defendant.

Case No. Case No.

C-08-04969 JF C-09-01649 JF

DECLARATION OF ALEXEI KLESTOFF IN SUPPORT OF APPLE INC.'S MOTION TO DISMISS THIRD AMENDED COMPLAINT Date: September 24, 2010 Time: 9:00 am Courtroom: 3

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I, Alexei Klestoff, declare: 1. I am an associate in the law firm of Morrison & Foerster LLP, counsel of record for

defendant Apple Inc. in the above-entitled case. I am admitted to practice before the United States District Court for the Northern District of California. I have personal knowledge of the facts set forth in this declaration. 2. The URL cited in paragraph 29, footnote 1 of the Third Amended Complaint leads to

a November 9, 2004 online message board post by a user named "Jim_Babcock" titled "RAM upgrade causes FCPHD crashes." Attached as Exhibit A is a true and correct copy of that post, located at www.2-popforums.com/forums/archive/index.php/index.php?t-68640.html. I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct. Executed this 28th day of June, 2010, at San Francisco, California.

/s/ Alexei Klestoff Alexei Klestoff

I, Penelope A. Preovolos, am the ECF User whose ID and password are being used to file this Declaration. In compliance with General Order 45, section X.B., I hereby attest that I have on file the concurrences for any signatures indicated by a "conformed" signature (/s/) within this efiled document. By: /s/ Penelope A. Preovolos Penelope A. Preovolos

DECLARATION OF ALEXEI KLESTOFF CASE NO. C-08-04969 JF, C-09-01649 JF sf-2857491

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