UNITED STATES OF AMERICA v. AT&T INC. et al

Filing 74

RESPONSE re 73 Surreply filed by SPRINT NEXTEL CORPORATION. (Attachments: # 1 Declaration of Tara L. Reinhart, # 2 Notice Regarding Filing of Sealed Material)(Reinhart, Tara) (Additional attachment(s) added on 11/7/2011: # 3 Sealed Response, # 4 Declaration of Tara L. Reinhart (SEALED), # 5 Exhibit 1 (SEALED), # 6 Exhibit 2 (SEALED), # 7 Exhibit 3 (SEALED), # 8 Exhibit 4 (SEALED)) (jf, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA

UNITED STATES OF AMERICA, et al.,
Plaintiffs,
v.
AT&T INC., et al.,
Defendants.

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Case No. 1:11-cv-01560-ESH
Discovery Matter: Referred to
Special Master Levie

DECLARATION OF TARA L. REINHART IN SUPPORT OF RESPONSE TO AT&T’S
SUR-REPLY TO MOTION TO QUASH
I, Tara L. Reinhart, declare pursuant to 28 U.S.C. § 1746 as follows:
1.

I am a counsel with the law firm of Skadden, Arps, Slate, Meagher & Flom LLP,

attorneys for nonparty Sprint Nextel Corporation (“Sprint”). I have personal knowledge of the
matters set forth herein, unless otherwise noted.
2.

I make this declaration in support of nonparty Sprint’s Response to AT&T’s Sur-

Reply to Motion to Quash the subpoena served by AT&T to Sprint on September 26, 2011.
3.

Sprint’s production in response to the U.S. Department of Justice (“DOJ”) Civil

Investigative Demand (“CID”) includes scores of documents responsive to the subpoena requests
that AT&T has asked to have supplemented with documents collected from new custodians.
This Declaration addresses these requests in turn.
REQUESTS 6-11 – BOOST AND VIRGIN
4.

Sprint’s existing production includes many documents that are the types of Boost

Mobile and Virgin Mobile materials that AT&T is seeking. For example, attached is a document

titled “Prepaid Market Outlook” dated May 10, 2011, that provides a detailed analysis of the
prepaid business. See Exhibit 1. Similarly, attached is a document titled “Virgin Mobile 2011
Playbook” dated November 2, 2010, that analyzes the prepaid market, discusses market
opportunities and sets forth Sprint strategy for Virgin Mobile. See Exhibit 2. These are not
isolated occurrences in the production. Many similar documents have been produced.
5.

Two of the reasons that the existing production includes so many Boost Mobile

and Virgin Mobile documents are: (1) the Senior Vice President of Consumer Marketing, to
whom David Trimble (Virgin Mobile) and Andre Smith (Boost Mobile) report, is a document
custodian, and (2) the vice president responsible for pricing company-wide, including prepaid
pricing, is a document custodian. These individuals are involved in strategic and pricing
decisions for the prepaid business lines.
6.

I caused a search of Sprint’s existing production for emails sent by or received by

either of the two individuals identified in AT&T’s sur-reply, Andre Smith and David Trimble.
Results show that the production includes 2,330 documents satisfying those criteria. This search
is illustrative and includes only email correspondence. It does not include any file attachments to
those emails or other documents in the production that may have been authored or edited by
those individuals.
7.

AT&T has not shown that the existing production is insufficient to satisfy its

needs.
REQUEST 14 – RESEARCH AND DEVELOPMENT
8.

AT&T withdrew Request 14.

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REQUEST 22 – ENTERPRISE RFPS
9.

Sprint’s Business Markets Group is responsible for the company’s corporate and

government business. Two executive members of Sprint’s Business Markets Group are
document custodians. One is a vice president with responsibility for pricing of both consumer
and business services, and the other is a senior executive with responsibility over proposal
development and pricing.
10.

Sprint responded broadly to CID Request 7, which sought “[a]ll documents

relating to competition in the provision of any relevant service, relevant product, or mobile
wireless application.” The response to Request 7 covered services to corporate and government
customers.
11.

Sprint’s existing production includes many documents that are the types of

communications AT&T seeks in Request 22. Attached is one example. See Exhibit 3. This
document is a series of emails among Sprint’s Business Market Group members analyzing TMobile’s recent strategy of aggressively targeting and winning various accounts and
opportunities. The DOJ production contains many such documents analyzing competition for
business and government accounts, including documents concerning individual RFPs.
12.

AT&T has not shown that the existing production is insufficient to satisfy its

needs.
REQUEST 31 – NETWORK
13.

I caused a search of Sprint’s existing production for documents related to various

network topics. Specifically, I caused a search for documents with the words “spectrum /3
lease” or “spectrum /3 leasing” or “network /3 sharing” or “network /3 share” or “roaming /3

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agreement” or “roaming /3 arrangement.” Results show that the production includes 5,365
documents with one or more of those phrases in them.
14.

AT&T has not shown that the existing production is insufficient to satisfy its

needs.
REQUESTS 33-34 – CLEARWIRE
15.

I caused a search of Sprint’s existing production for documents containing the

word “Clearwire.” Results show that the production includes 19,022 documents with that term
in them. An additional search for the phrase “Clearwire /3 network” resulted in 3,844 documents,
and a search for the phrase “Clearwire /3 spectrum” resulted in 2,452 documents.
16.

AT&T has not shown that the existing production is insufficient to satisfy its

needs.
REQUEST 35 – DEVICE RIGHTS
17.

I caused a search of Sprint’s existing production for documents evidencing

negotiations with device manufacturers, including HTC, Samsung, Apple, and Palm.
18.

Sprint’s existing production includes many documents that are the types of

communications AT&T seeks in Request 35. Attached is one example. See Exhibit 4. This
document consists of email correspondence between a Sprint executive and a representative from
HTC, a major device manufacturer. The email details negotiations over the HTC Hero handset.
This is just one example of the many documents in the DOJ production that are responsive to
Request 35.
19.

AT&T has not shown that the existing production is insufficient to satisfy its

needs.

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I declare under penalty of peIjury that the foregoing is true and correct.

EXECUTED this 5th day of November, 2011.

Tara L. Reinhart

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EXHIBIT 1
(Filed Under Seal)

EXHIBIT 2
(Filed Under Seal)

EXHIBIT 3
(Filed Under Seal)

EXHIBIT 4
(Filed Under Seal)