Friedman v. Apple, Inc. et al

Filing 16

DECLARATION re 15 MOTION for Change Venue Corrected Declaration of Stuart Plunkett by Defendant Apple, Inc.. (Preovolos, Penelope) (lmt).

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PENELOPE A. PREOVOLOS (CA SBN 87607)
([e-mail])
ANDREW D. MUHLBACH (CA SBN 175694)
([e-mail])
STUART C. PLUNKETT (CA SBN 187971)
([e-mail])
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Defendant
APPLE INC.

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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AARON FRIEDMAN, on behalf of himself and
all others similarly situated,

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Plaintiffs,
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v.

Case No.

10-CV-2403 JLS POR

CORRECTED DECLARATION
OF STUART C. PLUNKETT IN
SUPPORT OF APPLE INC.’S
MOTION TO TRANSFER

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APPLE INC., a California corporation; AT&T
MOBILITY, LLC, and DOES 1 through 10,
inclusive,

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Defendants.
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CORRECTED DEC. OF S. PLUNKETT ISO MOTION TO TRANSFER
CASE NO. 10-CV-2403 JLS POR
sf-2965927

Date: May 19, 2011
Time: 1:30 p.m.
Ctrm: 6
Hon. Janis L. Sammartino

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I, Stuart C. Plunkett, declare:

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1.

I am a partner in the law firm of Morrison & Foerster LLC, counsel for defendant

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Apple Inc. (“Apple”) in this action. I make this declaration on my own personal knowledge, and

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if called as a witness, I could and would testify competently to the following facts:

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2.

Attached as Exhibit A is a true and correct copy of the complaint filed in Weisblatt

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v. Apple Inc., AT&T, Inc., and AT&T Mobility LLC, Northern District of California Case No. 10-

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CV-2553, on June 9, 2010.

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3.

Attached as Exhibit B is a true and correct copy of the complaint filed in Logan v.

Apple Inc. and AT&T Mobility LLC, Northern District of California Case No. 10-CV-2588, on
June 11, 2010.
4.

Attached as Exhibit C is a true and correct copy of the complaint filed in Osetek v.

Apple Inc., Northern District of California Case No. 10-CV-4253, on September 20, 2010.
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Attached as Exhibit D is a true and correct copy of Master Consolidated Complaint

filed in the consolidated Northern District actions on December 10, 2010.
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Attached as Exhibit E is a true and correct copy of the Northern District of

California’s December 15, 2010 Order consolidating the Weisblatt, Logan, and Osetek actions.
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Attached as Exhibit F is a true and correct copy of Apple’s Answer to the Master

Consolidated Complaint, filed on January 13, 2011.
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Attached as Exhibit G is a true and correct copies of AT&T Mobility LLC’s

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(“ATTM”) Motion to Dismiss the Master Consolidated Complaint and it Motion to Strike, filed

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on January 14, 2011. ATTM’s motions are still pending.

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9.

Attached as Exhibit H are true and correct copy of Case Management Order No. 1 in

the Northern District Actions, issued on January 25, 2011.
10.

Attached as Exhibit I is a true and correct copy of plaintiff’s First Request for

Production to Apple, which was served on February 4, 2011.
11.

Attached as Exhibit J are true and correct copies of plaintiff’s and Apple’s initial

disclosures, which were served on January 28, 2011 and February 11, 2011, respectively.

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CORRECTED DEC. OF S. PLUNKETT ISO MOTION TO TRANSFER
CASE NO. 10-CV-2403 JLS POR
sf-2965927

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12.

In light of the pendency of the Northern District of California actions, I contacted

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counsel for plaintiff on December 14, 2010, to request that plaintiff stipulate to a transfer of this

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action to the Northern District. Counsel stated that she would consider a transfer. Since

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December 14, 2010, I have contacted plaintiff’s counsel several more times to discuss

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transferring this action. Counsel has never told me whether plaintiff would agree to a transfer.

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I declare under penalty of perjury under the laws of the United States of America that the
foregoing is true and correct.
Executed this 7th day of March, 2011, at San Francisco, California.

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Stuart C. Plunkett
[e-mail]

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CORRECTED DEC. OF S. PLUNKETT ISO MOTION TO TRANSFER
CASE NO. 10-CV-2403 JLS POR
sf-2965927

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INDEX OF EXHIBITS

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Exhibit

Document

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Exhibit A

Weisblatt v. Apple Inc., AT&T, Inc., and AT&T Mobility LLC
Complaint

Exhibit B

Logan v. Apple Inc. and AT&T Mobility LLC Complaint

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Exhibit C

Osetek v. Apple Inc. Complaint

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Exhibit D

Master Consolidated Complaint

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Exhibit E

Order consolidating the Weisblatt, Logan, and Osetek actions

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Exhibit F

Apple’s Answer to the Master Consolidated Complaint

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Exhibit G

AT&T Mobility LLC’s Motion to Dismiss the Master Consolidated
Complaint and it Motion to Strike

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Exhibit H

Case Management Order No. 1 in the Northern District Actions

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Exhibit I

Plaintiff’s First Request for Production to Apple

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Exhibit J

Plaintiff’s and Apple’s initial disclosures

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CORRECTED DEC. OF S. PLUNKETT ISO MOTION TO TRANSFER
CASE NO. 10-CV-2403 JLS POR
sf-2965927

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