Lalo v. Apple, Inc et al

Filing 45

Recommendation that Milberg LLP be Appointed Interim Class Counsel, Submitted Pursuant to 36 Court Order Dated March 15, 2011 filed by Anthony Chiu. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Proposed Order)(Related document(s) 36 ) (Westerman, Jeff) (Filed on 3/25/2011) Modified text on 4/4/2011 (dhm, COURT STAFF).

Lalo v. Apple, Inc et al

Doc. 45 Att. 1

1 MILBERG LLP JEFF S. WESTERMAN (SBN 94559) 2 [e-mail] SABRINA S. KIM (SBN 186242) 3 [e-mail] One California Plaza 4 300 S. Grand Avenue, Suite 3900 Los Angeles, California 90071 5 Telephone: [phone] Facsimile: [phone] 6 Attorneys for Plaintiff 7 [Additional Counsel on Signature Page] 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DECL. OF WESTERMAN ISO PLTF CHIU'S RECOMMENDATION THAT MILBERG LLP BE APPOINTED AS INTERIM CLASS COUNSEL, SUBMITTED PURSUANT TO COURT ORDER DATED MARCH 15, 2011 C.A. No. 5:10-cv-05878-LHK (PSG)
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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

IN RE IPHONE APPLICATION LITIGATION

CASE NO. 5:10-cv-05878-LHK (PSG) DECLARATION OF JEFF S. WESTERMAN IN SUPPORT OF PLAINTIFF ANTHONY CHIU'S RECOMMENDATION THAT MILBERG LLP BE APPOINTED INTERIM CLASS COUNSEL, SUBMITTED PURSUANT TO COURT ORDER DATED MARCH 15, 2011 Date: Time: TBA TBA

Judge: Hon. Lucy H. Koh

Dockets.Justia.com

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I, Jeff S. Westerman, declare: 1. I am a member of the Bar of the State of California and member of the law firm of

3 Milberg LLP ("Milberg" or the "firm"). I make this declaration in support of Plaintiff Anthony 4 Chiu's Recommendation That Milberg LLP Be as Interim Class Counsel, Submitted Pursuant to 5 Court Order Dated March 15, 2011. 6 2. The matters stated herein are true of my personal knowledge or information and

7 belief and, if called upon, I would competently testify thereto. 8 3. Before filing Mr. Chiu's complaint, Milberg worked with Peter Eckersley, a top

9 expert in the Internet privacy field, who analyzed the mechanisms through which Apple 10 unlawfully disclosed to third parties the personally identifiable information at issue in this 11 litigation. 12 4. Milberg's attorneys and the firm's in-house litigation support professionals have

13 already met and conferred to discuss which software programs and litigation support tools would 14 be best-suited for litigation against Apple, Inc. and the other Defendants. 15 5. Co-Plaintiff counsel, Scott Kamber and I had several conversations about the

16 leadership structure for this case, and jointly agreed to the submission of the Order for this 17 protocol. Our discussion also included a conversation with other firms with complaints on file. 18 We have not reached a resolution as of the filing of these papers. 19 6. Milberg has commenced preparation of a consolidated amended complaint with

20 the understanding that once the Court appoints Interim Class Counsel, a Consolidated Amended 21 Complaint is to be filed within twenty-one (21) days of these cases being the appointment of 22 Interim Class Counsel. 23 7. Attached as Exhibit A is a true and correct copy of the Curriculum Vitae of Peter

24 Eckersley, Senior Staff Technologist for the Electronic Frontier Foundation. 25 8. Attached as Exhibit B are true and correct copies of letters exchanged between

26 Milberg LLP and Hogan Lovells US LLP, counsel for Defendant Apple, dated March 18, 2011, 27 and March 21, 2011, respectively. 28
DECL. OF WESTERMAN ISO PLTF CHIU'S RECOMMENDATION THAT MILBERG LLP BE APPOINTED AS INTERIM CLASS COUNSEL, SUBMITTED PURSUANT TO COURT ORDER DATED MARCH 15, 2011 C.A. No. 5:10-cv-05878-LHK (PSG)
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9. 10. 11.

Attached as Exhibit C is Milberg's e-discovery brochure. Attached as Exhibit D is the firm résumé of Milberg LLP. Attached as Exhibit E are true and correct copies of The National Law Journal's

4 "Plaintiffs' Hot List" for 2009 and 2010. 5 12. Attached as Exhibit F are true and correct copies of Institutional Shareholder

6 Services Inc.'s Securities Class Action Services reports, including: the Top SCAS 50 for 2010, 7 the SCAS 100 for Q2 2010, and the SCAS 50 for 2009. 8 13. Attached as Exhibit G is a true and correct copy of "Plaintiffs Securities Firms Of

9 The Year," Law360, as published January 1, 2010. 10 14. Attached as Exhibit H is a true and correct copy of the "2010 Complex Court

11 Symposium" brochure sponsored by the Los Angeles County Bar Association, the Association of 12 Business Trial Lawyers ("ABTL") and others, at which I was a moderator of a panel with 13 Complex Court judges from around the state. This program is put on every other year. In 2008, 14 I was the overall Chair of the program and a moderator. 15 15. Attached as Exhibit I is a press release prepared by Milberg describing the In re

16 Vivendi Universal, S.A., Securities Litigation trial victory. 17 I declare under penalty of perjury under the laws of United States that the foregoing is

18 true and correct. 19 Executed this 25th day of March, 2011, at Los Angeles, California. 20 21 22 23 24 25 26 27 28
DECL. OF WESTERMAN ISO PLTF CHIU'S RECOMMENDATION THAT MILBERG LLP BE APPOINTED AS INTERIM CLASS COUNSEL, SUBMITTED PURSUANT TO COURT ORDER DATED MARCH 15, 2011 C.A. No. 5:10-cv-05878-LHK (PSG)
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/s/ Jeff S. Westerman Jeff S. Westerman

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DECLARATION OF SERVICE BY CM/ECF AND/OR MAIL I, the undersigned, declare: 1. That declarant is and was, at all times herein mentioned, employed in the County

4 of Los Angeles, over the age of 18 years, and not a party to or interest in the within action; that 5 declarant's business address is One California Plaza, 300 South Grand Avenue, Suite 3900, Los 6 Angeles, California 90071-3149. 7 2. Declarant hereby certifies that on March 25, 2011, declarant served the

8 DECLARATION OF JEFF S. WESTERMAN IN SUPPORT OF PLAINTIFF ANTHONY 9 CHIU'S RECOMMENDATION THAT MILBERG LLP BE APPOINTED AS INTERIM 10 CLASS COUNSEL, SUBMITTED PURSUANT TO COURT ORDER DATED MARCH 15, 11 2011 by electronically filing the foregoing document listed above by using the Case 12 Management/ Electronic Case filing system. 13 14 3. Declarant further certifies: All participants in the case are registered CM/ECF users and that service will be

15 accomplished by the court's CM/ECF system 16 Participants in the case who are registered CM/ECF users will be served by the

17 court's CM/ECF system. Participants in the case that are not registered CM/ECF users will be 18 served by First-Class Mail, postage pre-paid or have dispatched to a third-party commercial 19 carrier for delivery to the non-CM/ECF participants as addressed and listed below: 20 21 22 23 24 25 26 27 28 Michael L. Charlson Norman J. Blears HOGAN LOVELLS US LLP 525 University Avenue 4th Floor Palo Alto, California 94301 P: 650.463.4000 F: 650.463.4199 [e-mail] [e-mail] 4. Howard S. Caro HOGAN LOVELLS US LLP 4 Embarcadero Center 22nd Floor San Francisco, California 94111 P: 415.374.2300 F: 415.374.2499 [e-mail]

That there is a regular communication by mail between the place of mailing and

the places so addressed.
DECL. OF WESTERMAN ISO PLTF CHIU'S RECOMMENDATION THAT MILBERG LLP BE APPOINTED AS INTERIM CLASS COUNSEL, SUBMITTED PURSUANT TO COURT ORDER DATED MARCH 15, 2011 C.A. No. 5:10-cv-05878-LHK (PSG)
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5.

That on the above date, declarant served via e-mail to: [e-mail].

I declare under penalty of perjury that the foregoing is true and correct. Executed this

3 25th day of March, 2011, at Los Angeles, California. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
DECL. OF WESTERMAN ISO PLTF CHIU'S RECOMMENDATION THAT MILBERG LLP BE APPOINTED AS INTERIM CLASS COUNSEL, SUBMITTED PURSUANT TO COURT ORDER DATED MARCH 15, 2011 C.A. No. 5:10-cv-05878-LHK (PSG)
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CECILLE CHAFFINS

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