Lalo v. Apple, Inc et al

Filing 146

Declaration of S. Ashlie Beringer in Support of 145 MOTION to Dismiss First Consolidated Class Action Complaint filed byFlurry, Inc., Pinch Media, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Related document(s) 145 ) (Beringer, Susan) (Filed on 6/20/2011)

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GIBSON, DUNN & CRUTCHER LLP
GAIL E. LEES, SBN 90363
[e-mail]
S. ASHLIE BERINGER, SBN 263977
[e-mail]
JOSHUA A. JESSEN, SBN 222831
[e-mail]
1881 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
FLURRY, INC. and
PINCH MEDIA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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In re iPhone Application Litigation

Case No. 10-CV-05878 LHK (PSG)

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CLASS ACTION

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DECLARATION OF S. ASHLIE BERINGER
IN SUPPORT OF MOBILE INDUSTRY
DEFENDANTS’ NOTICE OF MOTION AND
MOTION TO DISMISS FIRST
CONSOLIDATED CLASS ACTION
COMPLAINT

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF MOBILE INDUSTRY
DEFENDANTS’ MOTION TO DISMISS

CASE NO. 10-CV-05878 LHK

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I, S. Ashlie Beringer, declare as follows:

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1.

I am an attorney at law admitted to practice before all of the Courts of the State of

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California and this Court. I am a partner at Gibson, Dunn and Crutcher LLP and counsel for

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Defendants Flurry, Inc. (“Flurry”) and Pinch Media, Inc. (“Pinch Media”) in this litigation. I make

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this declaration upon personal knowledge and could and would competently testify to the matters

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below if called to do so.

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2.

Attached hereto as Exhibit A is a true and correct copy of Apple’s iTunes Terms and

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Conditions, which includes Apple’s App Store Terms and Conditions and Apple’s Privacy Policy,

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and is available at http://www.apple.com/legal/itunes/us/terms.html.

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3.

Attached hereto as Exhibit B is a true and correct copy of a June 15, 2011 Order

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issued by Chief Judge James Ware in In Re Zynga Privacy Litigation, Case No. C-10-04680 JW

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(N.D. Cal.).

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4.

Attached hereto as Exhibit C is a true and correct copy of a March 22, 2011 Order

issued by Judge Marilyn H. Patel in Levitt v. Yelp! Inc., Case No. C-10-1321 MHP (N.D. Cal.).
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I declare under penalty of perjury under the laws of the United States of America that

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the foregoing is true and correct and that this declaration was executed on June 20, 2011, at

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Washington, D.C.

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/s/ S. Ashlie Beringer
S. ASHLIE BERINGER

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Gibson, Dunn &
Crutcher LLP

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DECLARATION OF S. ASHLIE BERINGER IN SUPPORT OF MOBILE INDUSTRY
DEFENDANTS’ MOTION TO DISMISS

CASE NO. 10-CV-05878 LHK