Koschitzki v. Apple Inc. et al

Filing 59

MOTION for Protective Order by AT&T Mobility LLC. (Attachments: # 1 Memorandum in Support Memorandum of Law in Support of Motion of AT&T Mobility LLC for a Protective Order, # 2 Affidavit Supplemental Declaration of TJ Terry, # 3 Exhibit Exhibit to Supplemental Terry Declaration) (Ranlett, Kevin)

UNITED STATES DISTRICTCOURT EASTERN DISTRICTOF NEW YORK X
A V I KOSCHITZKI, on Behalf of Himself and all Others Similarly Situated, Plaintiff,
VS.

C i v i l ActionNo. I :08-cv-0445 1-JBW-VVP SUPPLEMENTAL DECLARATION OF TJ TERRY IN SUPPORTOF D E F E N D A N T AT&T MOBILITY L L C ' S MOTION TO COMPEL ARBITRATION AND DISMISS ACTION

A P P L E INC. and AT&T MOBILITY LLC, Defendant. X I, TJ Terry, declareas follows: 1.

The following facts are of my own personalknowledge, and if called as a witness

I could and would testify competently as to their truth. 2. I am currently employed by Apple Inc. ("Apple") as Senior Manager of Store

Operations. My prior position, which I held form June 2006 until July 2008, was Manager of Daily Operationsand Store Support,Apple Retail. In my capacity as Senior Manager of Store O p e r a t i o n s I am familiar with Apple's recordsof iPhone3G sales. , 3. In Paragraph7 of my prior declaration in support of AT&T Mobility's Motion to

C o m p e l Arbitration, I stated that I had reviewed Apple's records regarding plaintiff Avi K o s c h i t z k i ' s purchaseof an iPhone 3G at an Apple Retail Store on August 31,2008. As also i n d i c a t e d in Paragraph7 of my previous declaration, those records indicate Mr. Koschitzki executed his signature on an EZ Pay handheld device assentingto AT&T's Terms of Service. Attached as Exhibit A hereto is a true and correct copy of the Apple record that I reviewed in c o m i n g to that conclusion. Exhibit A reflects Mr. Koschitzki's electronically stored signature f r o m the EZPay device. The line immediatelyaboveMr. Koschitzki's signature, "AT&T T&C:

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Y," refers to the second checkbox on the EZ Pay device, attached as Exhibit 1 to my previous d e c l a r a t i o n , and indicates acceptance of AT&T's Terms of Service. Other proprietary

information unrelated to this issue has been redacted from Apple's record of Mr. Koschitzki's purchaseprintout to preserveconfidentiality. I declare under penalty of perjury that the foregoing and correct. Executed in

CupertinoCaliforniaon February , \ZOOO.

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