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. 3

EXHIBIT B

Dockets.Justia.com

Andrei Rado Direct Dial: 2129469474 [e-mail]

March 18, 2011 VIA EMAIL AND FIRST CLASS U.S. MAIL Mr. Michael L. Charlson HOGAN & HARTSON 525 University Avenue, 4th Fl. Palo Alto, CA 94301 [e-mail] Mr. Clayton C. James HOGAN LOVELLS US LLP One Tabor Center 1200 Seventeenth Street Denver, CO 80204 [e-mail] Re: Dear Counsel: We represent Plaintiff Anthony Chiu in the above-referenced consolidated action. We write to remind your client, Apple, Inc. ("Apple"), of its obligation to preserve all documents, tangible things, and electronically stored information ("ESI") relevant to this litigation. Although we presume that at the outset of this litigation you promptly instructed Apple as to its preservation obligations, and that you have taken steps to ensure that your client is complying with those obligations, this letter is sent to remind you and your client that failure to comply with these preservation obligations can have serious consequences to the outcome of the case, which could be actionable. As you know, your client is required to preserve potentially relevant material, which includes ESI concerning, without limitation, the events and causes of action described in the complaints filed in the above-referenced litigation, which includes: marketing and advertising of Apple's iPhone, iPad, and iPod products ("iOS devices"), and the applications used on any of these iOS devices; investigations and complaints regarding privacy concerns relating to any of In re iPhone Application Litigation, No. CV-10-5878-LHK Mr. Christopher Wolf HOGAN LOVELLS US LLP Columbia Square 555 Thirteenth Street, NW Washington, DC 20004 [e-mail]

Milberg LLP
One Pennsylvania Plaza · New York, NY 10119-0165 · [phone] · Fax: [phone] · www.milberg.com

Counsel for Defendant Apple, Inc. March 18, 2011 Page 2

these iOS devices; any communications concerning any proposed or actual changes to Apple's Terms and Privacy Policies during the Relevant Time Period;1 communications and agreements with third-party advertisers and online tracking companies; Apple's internal practices relating to customer privacy, and the protection and use of the personal information of its customers, whether classified as personally identifiable information or non-personally identifiable information; Apple's current and past web pages, including all web pages from all websites controlled by Apple, and all forums on Apple's websites controlled by Apple. Apple also is required to preserve all relevant material, including ESI, concerning any claims or defenses Apple may assert in this case. Please confirm by March 25, 2011, that Apple has taken the steps required to preserve ESI and tangible documents and other things potentially relevant to this action. In addition, please forward a copy of this letter to all persons and entities with custodial responsibilities for the items referred to in this letter to help ensure that Apple complies with its obligation to preserve all discoverable material. Your cooperation in this matter is appreciated. Very truly yours, <SIGNATURE> Andrei V. Rado AR: amv cc: Sanford P. Dumain, Esq. Peter E. Seidman, Esq. Jeff S. Westerman, Esq. Sabrina S. Kim, Esq. Michael Reese, Esq. Kim Richman, Esq.

"Relevant Time Period" refers to the period beginning July 10, 2008, through and including the date of trial in this litigation. If a document prepared before this period is necessary for a correct or complete understanding of any document relevant to this litigation, you must preserve the earlier document as well.

1

Milberg LLP