Minkler v. Apple Inc

Filing 26

Declaration of Scott Maier in Support of 24 MOTION to Dismiss Complaint filed byApple Inc. (Attachments: # 1 Exhibit 1 (a-b), # 2 Exhibit 2, # 3 Exhibit 3 (a-d))(Related document(s) 24 ) (Collins, Joseph) (Filed on 3/3/2014)

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PAUL J. HALL (SBN 066084)
[e-mail]
ALEC CIERNY (SBN 275230)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
Joseph Collins (Admitted Pro Hac Vice)
[e-mail]
DLA PIPER LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, IL 60601-1293
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Apple 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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NANCY ROMINE MINKLER,
Individually and on Behalf of All Others
Similarly Situated,
Plaintiffs,

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v.

Defendant.

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DECLARATION OF SCOTT MAIER IN
SUPPORT OF DEFENDANT APPLE
INC.’S MOTION TO DISMISS
COMPLAINT
(FEDERAL RULES OF CIVIL
PROCEDURE RULES 12(B)(6) AND 9(B))

APPLE INC.,

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CASE NO. 5:13-cv-05332-EJD

DATE:
JULY 18, 2014
TIME:
9:00 A.M.
COURTROOM: 4

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MAIER DECL. ISO DEFENDANT’S MOTION TO DISMISS
CASE NO – 5:13-CV-05332-EJD

DLA P I P E R LLP (US)
SAN FRANCISCO

EAST\71685740.1

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I, Scott Maier, hereby declare as follows:

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1.

I am Manager of the Infrastructure team for Interactive at Apple Inc. (“Apple”). I

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submit this declaration in support of Apple’s Motion to Dismiss Plaintiff’s Complaint. I have

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personal knowledge of the facts set forth in this declaration and could testify competently to

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them.

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2.

I have been Manager of the Infrastructure team for Interactive for Apple since May

2012. As Manager of the Infrastructure team for Interactive, I am familiar with the operations
and content of Apple’s website, www.apple.com.

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3.

Attached to this declaration as Exhibit 1 (a-b) are true and correct copies of the

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one-year hardware warranty for iPhone 5 (“Hardware Warranty”), which have been available on

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Apple’s website since September 12, 2012. Exhibit 1(a) is a true and correct copy of the

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Hardware Warranty effective from September 12, 2012 through March 27, 2013. Exhibit 1(b) is

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a true and correct copy of the Hardware Warranty effective from March 28, 2013 to present.

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4.

Attached to this declaration as Exhibit 2 is a true and correct copy of the English

language version of the software license agreement for iPhone 5’s operating system, iOS 6.0
(“Software License Agreement”), which has been available on Apple’s website since August 10,
2012.
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Attached to this declaration as Exhibit 3 (a-d) are true and correct copies of the

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customer privacy policy related to Apple’s products, including the iPhone 5 (“Privacy Policy”),

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which have been available on Apple’s website since May 24, 2012. Exhibit 3(a) is a true and

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correct copy of the Privacy Policy effective from May 24, 2012 through December 31, 2012.

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Exhibit 3(b) is a true and correct copy of the Privacy Policy effective from January 1, 2013 to

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April 1, 2013. Exhibit 3(c) is a true and correct copy of the Privacy Policy effective from April

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2, 2013 through August 1, 2013. Exhibit 3(d) is a true and correct copy of the Privacy Policy

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effective from August 2, 2013 to present.
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MAIER DECL. ISO DEFENDANT’S MOTION TO DISMISS
CASE NO – 5:13-CV-05332-EJD

DLA P I P E R LLP (US)
SAN FRANCISCO

EAST\71685740.1

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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 and this declaration is executed on March 3, 2014, in Cupertino,
California.
____________________________________

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Scott Maier

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MAIER DECL. ISO DEFENDANT’S MOTION TO DISMISS
CASE NO – 5:13-CV-05332-EJD

DLA P I P E R LLP (US)
SAN FRANCISCO

EAST\71685740.1