In re: High-Tech Employee Antitrust Litigation

Filing 93

DECLARATION of Dean M. Harvey in Opposition to #79 MOTION to Dismiss Consolidated Amended Complaint filed byMichael Devine, Mark Fichtner, Siddharth Hariharan, Brandon Marshall, Daniel Stover. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Related document(s) #79 ) (Harvey, Dean) (Filed on 11/4/2011)

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Joseph R. Saveri (State Bar No. 130064)
Eric B. Fastiff (State Bar No. 182260)
Brendan P. Glackin (State Bar No. 199643)
Dean M. Harvey (State Bar No. 250298)
Anne B. Shaver (State Bar No. 255928)
Katherine M. Lehe (State Bar No. 273472)
LIEFF, CABRASER, HEIMANN & BERNSTEIN, LLP
275 Battery Street, 29th Floor
San Francisco, CA 94111-3339
Telephone: [phone]
Facsimile: [phone]

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Interim Lead Counsel for Plaintiff Class

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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: HIGH-TECH EMPLOYEE
ANTITRUST LITIGATION

Master Docket No. 11-CV-2509-LHK

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THIS DOCUMENTS RELATES TO:

DECLARATION OF DEAN M. HARVEY
IN OPPOSITION TO DEFENDANTS’
JOINT MOTION TO DISMISS

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ALL ACTIONS
Hearing Date:
Time:
Courtroom:
Judge:

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January 26, 2012
1:30 p.m.
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Hon. Lucy H. Koh

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I, Dean M. Harvey, declare:

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1.

I am a member in good standing of the State Bar of California and am admitted to

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practice in United States District Court for the Northern District of California. I am an associate

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with the law firm of Lieff, Cabraser, Heimann & Bernstein, LLP, attorneys for individual and

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representative plaintiffs Siddharth Hariharan, Brandon Marshall, Michael Devine, Mark Fichtner,

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and Daniel Stover in the above-captioned actions. I submit this Declaration in Support of

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Plaintiffs’ Opposition to Defendants’ Joint Motion to Dismiss. I have personal knowledge of the
947109.1

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DECL. OF DEAN M. HARVEY IN OPP. TO JOINT
MOTION TO DISMISS
MASTER DOCKET NO. 11-CV-2509 LHK

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facts set forth in this Declaration. If called as a witness, I could and would testify competently to

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them.

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1.

Attached as Exhibit A is a true and correct copy of the United States’ Complaint

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in United States v. Adobe Systems Inc., et al., No. 10-cv-1629-RBW (D.D.C.), dated September

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24, 2010.

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2.

Attached as Exhibit B is a true and correct copy of the United States’ Competitive

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Impact Statement in United States v. Adobe Systems Inc., et al., No. 10-cv-1629-RBW (D.D.C.),

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dated September 24, 2010.

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3.

Attached as Exhibit C is a true and correct copy of the Stipulation among the

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United States; Adobe Systems, Inc.; Apple, Inc.; Google, Inc.; Intel Corporation; Intuit, Inc.; and

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Pixar to enter Final Judgment, and Exhibit A thereto, the Stipulated [Proposed] Final Judgment.

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4.

Attached as Exhibit D is a true and correct copy of the United States’ Complaint

in United States v. Lucasfilm LTD., No. 10-cv-2220-RBW (D.D.C.), dated December 21, 2010.

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5.

Attached as Exhibit E is a true and correct copy of the United States’ Competitive

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Impact Statement in United States v. Lucasfilm LTD., No. 10-cv-2220-RBW (D.D.C.), dated

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December 21, 2010.

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6.

Attached as Exhibit F is a true and correct copy of the United States’ Motion and

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Supporting Memorandum to Enter Final Judgment in United States v. Lucasfilm LTD., No. 10-cv-

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2220-RBW (D.D.C.), dated May 9, 2011, and Exhibit A thereto, the Stipulated [Proposed] Final

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Judgment.

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I declare under penalty of perjury under the laws of the United States of America

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that the foregoing is true and correct. Executed on November 4, 2011, in San Francisco,

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California.

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/s/ Dean M. Harvey
DEAN M. HARVEY

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947109.1

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DECL. OF DEAN M. HARVEY IN OPP. TO JOINT
MOTION TO DISMISS
MASTER DOCKET NO. 11-CV-2509 LHK