Moore v. Apple Inc.

Filing 18

MOTION to Dismiss filed by Apple Inc.. Motion Hearing set for 11/13/2014 01:30 PM in Courtroom 8, 4th Floor, San Jose before Hon. Lucy H. Koh. Responses due by 8/7/2014. Replies due by 8/14/2014. (Attachments: # 1 Affidavit of Jeffrey Kohlman, # 2 Proposed Order)(Walsh, David) (Filed on 7/24/2014)

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DAVID M. WALSH (CA SBN 120761)
[e-mail]
KAI S. BARTOLOMEO (CA SBN 264033)
[e-mail]
MORRISON & FOERSTER LLP
707 Wilshire Boulevard
Los Angeles, California 90017-3543
Telephone: [phone]
Facsimile: 213.892.5454
TIFFANY CHEUNG (CA SBN 211497)
[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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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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ADRIENNE MOORE, On Behalf of Herself and
All Others Similarly Situated,

Case No.

5:14-cv-02269 LHK

CLASS ACTION

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Plaintiff,

DECLARATION OF JEFFREY
KOHLMAN IN SUPPORT OF
APPLE’S MOTION TO DISMISS

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v.
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APPLE INC.,
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Defendant.
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Date:
Time:
Place:
Judge:

November 13, 2014
1:30 p.m.
Courtroom 8 - 4th Floor
Hon. Lucy H. Koh

Complaint Filed: May 15, 2014
Trial Date: None Set

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DECL. ISO APPLE’S MOTION TO DISMISS 5:14-cv-02269 LHK
sf-3440558

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I, Jeffrey Kohlman, hereby declare as follows:

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1.

I am employed by Apple Inc. (“Apple”) as an AppleCare Support Engineer. I

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submit this Declaration in Support of Apple’s Motion to Dismiss the Complaint. I have personal

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knowledge of the facts set forth in this Declaration and, if called as a witness, could and would

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competently testify to them.

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2.

Apple maintains business records with information related to purchases of Apple’s

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iPhones. I access and review those records in the normal course of my duties for Apple. I

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reviewed Apple’s internal records regarding Adrienne Moore’s purchases of iPhones. Those

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records show that Ms. Moore purchased an iPhone 4 in March 2011.

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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 24th day of July, 2014, at Cupertino, California.

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/s/ Jeffrey Kohlman
Jeffrey Kohlman

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ECF ATTESTATION
I, David M. Walsh, am the ECF User whose ID and Password are being used to file this
DECLARATION OF JEFFREY KOHLMAN IN SUPPORT OF DEFENDANT APPLE
INC.’S MOTION TO DISMISS. In compliance with Civil Local Rule 5.1, I hereby attest that
Jeffrey Kohlman concurred in this filing.
Dated: July 24, 2014

By: /s/ David M. Walsh
David M. Walsh

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DECL. ISO APPLE’S MOTION TO DISMISS 5:14-cv-02269 LHK
sf-3440558

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