Tiffany (NJ) Inc. et al v. eBay Inc.

Filing 40

MEMORANDUM OF LAW in Support re: 38 MOTION in Limine.. Document filed by eBay Inc.. (Attachments: # 1 Exhibit A Part 1# 2 Exhibit A Part 2# 3 Exhibit B Part 1# 4 Exhibit B Part 2)(Meyer, Bruce)

Download PDF
q S Conclusio n + 107 = 2,071, not 2,074 as was selected by Ms . Grasso . This item was also already an incorrect selection due to the inclusion of duplicates as described above . Once a sampling plan is laid out, executing the sample selection accurately is of the utmost importance . It is clear that several mistakes were made in violation of the Buying Program protocol casting doubt on the validity of the estimates calculated with these data . VI1 . Conclusio n ample design is an exact expertise requiring a good deal of in depth training to master . Mr . Mantis' ability to design a complex sample as required in this situation is called into uestion not only by his lack of training in statistics and sampling, but also by the several mistakes made in the design of the Buying Program and the analysis of the data that his sampling plan yielded . Mr. Mantis made mistakes throughout every phase of the sampling and analysis process, beginning with his lack of understanding of the appropriate universe and the ways in which to construct that universe with the eBay search engine . When analyzing the data, he incorrectly calculated the proportions of items that were counterfeit as well as the standard errors and confidence intervals for these calculations as a result of his failure to properly weight the data . These errors, combined with the mistakes Ms . Grasso made in implementing the design of the sampling plan cast doubt on the validity of the results of the buying programs . The collection of errors laid out above renders Mr . Mantis' statistical estimates unreliable and his conclusions are therefore without foundation . Dated this 26th day of May, 2006 . By : Eugene P. Ericksen 17 NER A Economic Consultin g NERA Economic Consulting 2 Logan Square, Suite 800 Philadelphia, Pennsylvania 19103 Tel : +1 215 864 388 0 Fax : +1 215 864 3849 www, nera .co m 2 T Table 1 . Share of "Tiffany" Jewelry and Watches Universe that is Comprised of Sterling Items 1 2004 Count Sterling Items Non-Sterling Items Total 3,730 005 Share 64 .2% 35 .8% 100 .0% Count 2,003 1,237 3,240 Share 61 .8% 38 .2% otal Count 5,733 3,321 Shar e 63 .3 % 36 .7% 100 .0% 2,084 5,814 100 .0% 9,054 1 Listings that include the words like, similar, setting, style, "cz", settings, amber, charm, turquoise, vintage and navajo are excluded from the univers e Source : eBay listings with "Tiffany" in the title that ended in the four weeks used in Plaintiffs' sampl e 5 3 1 4 3 1 7 3 Table 2 . Total Starting Values of "Tiffany" Jewelry and Watches Items ' 200 4 Starting Value Sterling Items Non-Sterling Items Total Share 32 .7% 67 .3% 100 .0% 200 5 Starting Value $ $ $ Share 23 .6% 76 .4% 100 .0% Total Starting Value $ $ 06,876 .32 66,814 .38 Share 28 .6 % 71 .4 % 100 .0% $ $ $ 91,609 .15 94,059 .98 85,669 .13 15,267 .17 72,754 .40 88,021 .57 $1,073,690 .70 Listings that include the words like, similar, setting, style, "cz", settings, amber, charm, turquoise, vintage and navaj o are excluded from the univers e Source . eBay listings with "Tiffany" in the title that ended in the four weeks used in Plaintiffs' sampl e 13 7 5 Table 3 . Average Starting Values of "Tiffany" Jewelry and Watches Items i Number o f Items Total Starting Value Average $ 3 .5 3 Sterling Items Non-Sterling Items Total 5,733 3,321 9,054 $ $ $ 06,876 .32 66,814 .38 ,073,690 .70 $ 230 .9 0 $ 118 .59 Listings that include the words like, similar, setting, style, "cz", settings, amber, charm, turquoise, vintage and navajo are excluded from the universe Source : eBay listings with "Tiffany" in the title that ended in the four weeks used in Plaintiffs' sampl e Table 4. Reasons for Incorrect Selection of Sampled Items 1 Occurrence s 200 4 Reason for Incorrect Selection Incorrect Selection Due to Inclusion of Duplicate Items that Were a Result of Printing the Search Incorrect Selection Due to Inclusion of Featured Items Incorrect Selection Due to Duplicate Printing of a Web Page Incorrect Selection Due to Improper Counting of the Sampling Interval Incorrect Selection Due to Improper Calculation of th e Sampling Interval Total 114 100 .0% 67 Count 105 200 5 Share 92 .1% Count 53 Share 79 .1 % 2 -- 1 .8% -- 1 4 1 .5 % 6 .0% 7 6 .1 /0 8 11 .9 /o 1 .5% 100 .0% In 2004, there were 109 of the 214 individual item selections that were incorrectly selected . Some items had more than one reason why it was an incorrect selection resulting in a total of 114 occurrences of the reasons for incorrect selection . For 2005, there were 62 out of the 244 individual item selections that were incorrectly selected resulting in a total of 67 occurrences of the reasons for incorrect selections . APPENDIX A P P2 NATIONAL ECONOMIC Consulting Economists RESEARCH ASSOCIATES LOGAN SQUARE, SUITE 800 HILADELPHIA, PENNSYLVANIA 19103 TEL: 215-864-3880 FAX: 215-864-3872 EUGENE PENNELL ERICKSE N BUSIN ESS ADDRES S NATIONAL ECONOMIC RESEARCH ASSOCIATES, INC . TWO LOGAN SQUARE, SUITE 80 0 PHILADELPHIA, PENNSYLVANIA 19103 (215) 864-387 8 (215) 864-388 0 Dr. Ericksen received an M .A . degree in Mathematical Statistics and Ph .D . degree in Sociology at the University of Michigan . Dr. Ericksen is a Professor of Sociology and Statistics at Temple University . Before joining NERA, he served as Sampling Statistician at the Temple University Institute for Survey Research and Mathematical Policy Research, In addition to statistical sampling, his fields of expertise include survey research and demographic methods . Professor Ericksen's statistical research involves three main areas . In addition to work on sampling methods and survey research, he has developed methods of computing estimates for local areas when census data are unavailable and has done research on methods of measuring and adjusting for the undercount in the United States census . He has testified before federal and state congressional committees, federal and state courts and the Nuclear Regulatory Commission . He was the Co-Chair of the Special Advisory Committee on the 1990 Census, appointed by the Secretary of Commerce to advise him on the possibility of adjusting the 1990 Census for differential undercount . Dr. Ericksen has designed samples and directed surveys for many clients in the public and private sectors, frequently for purposes of litigation . Dr. Ericksen has published articles in the Journal of the American Statistical Association, Demography, American Sociological Review, opulation Studies and several other journals . He is a Fellow of the American Statistical Association . White Plains, NY/ Washington . DC/ Los Angeles . CA / Cambridge, MA /Philadelphia. PA /San Francisco. CA / Nex~ York. NY/ Ithaca . NY/ Seattle. WA! London /A4adrid A MARSH & McLENNAN COMPANY 1 A E -2- ugene Pennell Ericksen EDUCATION UNIVERSITY OF MICHIGAN Ph .D., Sociology, 197 1 M .A ., Mathematical Statistics, 196 5 UNIVERSITY OF CHICAGO B .S ., Mathem atics 196 3 PROFESSIONAL EXPERIENC E TEMPLE UNIVERSITY Philadelphia, Pennsylvania 1992-Present Department of Statistic s 1974-Present Department of Sociology 1988-Present Professor 978-1988 974-1978 ssociate Professor ssistant Professo r At Temple University Dr . Ericksen has concentrated his teaching efforts in three areas : 1) statistics, research design and survey research methodology ; 2) stratification and race and ethnic relations ; and 3) demography and human ecology. He has taught extensively at both the graduate and undergraduate levels . In the 1980 Spring Semester, as part of the Experimental Student Intern Program at the U . S . Bureau of the Census, he taught a special course training undergraduates to become enumerators in the 1980 Census . In the summer of 1984, Dr. Ericksen taught a course in survey sampling as part of the 37th Annual Symposium on Survey Research Techniques, Institute for Survey Research, University of Michigan . NATIONAL ECONOMIC RESEARCH ASSOCIATES, INC . Philadelphia, PA 1986-Present Special Consultan t At NERA, Dr . Eri cksen serves as a special consultant on matters of sampling, surveys and demography. In addition to the selection of samples, his survey expe rt ise concerns the development of survey questionnaires and the analysis o f N/E/R/ A CossuTlNG EcavoMlm 1 S I E -3 - ugene Pennell Ericksen questionnaire data . As a demographic consultant, he specializes in matters concerning census data and the calculation of post-censal estimates for local areas . MATHEMATICA POLICY RESEARCH, INC. Plainsboro, New Jersey enior Sampling Statistician At Mathematica Policy Research, Dr . Ericksen was responsible for supervising the sample design of all surveys conducted by the company, cove ri ng populations as diverse as households in the United States, social security recipients, hospital emergency room episodes, hospital admissions, comp anies in the United States, physici ans, and working women. He also directed a survey on the costs of providing services to undocumented aliens in New York City hospitals an d another concerning issues of working women . While at MPR, Dr. Ericksen conducted statistical evaluation projects including several which were the basis for expert testimony in litigation . Furthermore, he was the chief technical advisor for plaintiffs in a number of lawsuits concerning the adjustment of the 1980 Census . TEMPLE UNIVERSITY Philadelphia, Pennsylv ani a nstitute for Survey Research tudy Directo r ampling Statistician At the Institute for Survey Research at Temple University, Dr . Ericksen was responsible for the sample design on all surveys conducted by the Institute . His duties included constructing sampling frames (especially of a national universe of households), adapting these frames to sampling from lists, drawing the samples, evaluating their quality and calculating statistical estimates with variances and confidence intervals. UNIVERSITY OF MICHIGAN Ann Arbor, Michigan Population Studies Center tudent Fellow tudent Associate , Sampling Section, Institute for Social Research At the Population Studies Center of the University of Michigan, Dr. Ericksen wrote his dissertation under a joint contract with the Census Bureau . The objective of this project was to develop a method for combining sample survey data with symptomatic information for computing local estimates . 981-1984 970-1981 974-1981 970-1981 969-1970 967-1968 CONSULTING Ecavomisls C L E -4- ugene Pennell Ericksen 1966-1967 BALHAM AND TOOTING COLLEGE OF COMMERCE London, United Kingdo m ecturer in Statistic s HONORS AND PROFESSIONAL ACTIVITIES Fellow, Am eri can Statistical Association . Co-Chair, Special Advisory Panel on the 1990 Census . This panel was appointed by the Secretary of Commerce to advise him on the possible correction for undercount of the 1990 Census . Associate Editor, Journal of the American Statistical Association, 1989-91 . Section K Representative to the American Association for the Advancement of Science, 1987-90 . Member, Executive Committee and Program Chair for the 1985 Meetings of the American Statistical Association Section on Survey Research Methods (elected position) 1984-85 . Reviewer of submitted articles, Journal of the American Statistical Association, The American Statistician, Demography, American Sociological Review, Mathematical Sociology, Social Forces, and Sociological Forum . Proposal Reviewer, National Science Foundation (1975 to present), especially for the Center for Measurement Methods and Data Resources. Dr. Ericksen has also consulted with the Center on the development of standard practices for evaluating surveys . Member, panel appointed by the National Academy of Sciences to evaluate Census Bureau methods for estimating post-censal population size and per capita income of local areas. hair, Subcommittee to Review Proposed Internal Surveys of the American Statistical Association, 1978-83. Publications Liaison, Section on Survey Research Methods, 1978 . Member, p anel appointed by the National Academy of Sciences to evaluate the use of microsimulation models for the evaluation of welfare and other federal entitlement programs . N/E/R /A CoN$ULrING EcoNomisn E -5- ugene Pennell Ericksen Member, Board of Review, ASA Project on the Assessment of Survey Research Practices . The Board evaluated the report entitled, "Development of Survey Methods to Assess Survey Practices," by Barbara A . Bailar and C . Michael Lanphier, (ASA, 1978), 1976-77 . Founding member of the Executive Commi ttee, Subsection on Survey Research Methods, 1975-77 . WRITTEN TESTIMONY BEFORE LEGISLATIVE BODIES Testimony on the 2000 Census, given on March 28, 2001 before the U . S. Senate Committee on Commerce, Science and Transportation, John_ McCain (R-Arizona), Chair. Testimony on the 2000 Census, given on September 17, 1998 before the U . S . House of Representatives Committee on Government Reform and Oversight Subcommittee on the Census, Dan Miller (R-Florida), Chair. Testimony on the 1990 Census, given on June 27, 1991 before the U . S. House of Representatives Committee on Post Office and Civil Service Subcommittee on Census and Population, Thomas C . Sawyer (D-Ohio), Chair. Testimony on the 1990 Census, given on September 11, 1990 before the U . S. House of Representatives Committee on Post Office and Civil Service Subcommittee on Census and Population, Thomas C . Sawyer (D-Ohio), Chair. Statement on the 1990 Census, given on January 30, 1990 before the U . S. House of Representatives Committee on Post Office and Civil Service Subcommittee on Census and Population, Thomas C . Sawyer (D-Ohio), Chair . Testimony on the 1990 Census, given on September 4, 1986 before the Senate Committee on Governmental Affairs, Subcommittee on Energy, Nuclear Proliferation and Government Processes, Thad Cochran (R-Mississippi), Chair . Testimony on the 1990 Census, given on July 24, 1986 before the House Committee on Post Office and Civil Service, Subcommittee on Census and Population, Robert Garcia (D-New York), Chair . Evaluation of HUD Survey on Homelessness, given on December 4, 1985 before Subcommittee on Housing and Community Development of the Committee on Banking, Finance, and Urban Affairs of the U . S. House of Representatives, Henry Gonzalez (DTexas), Chair. N/E/RJ A CoNsun,vG Ecmomisn C E -6- ugene Pennell Erickse n Comment on the Design of the 1980 Census, given on April 13, 1984 before the Subcommittee on Census and Population, Committee on Post Office and Civil Service of the U . S . House of Representatives, Katie Hall (D-Indiana), Chair . Summary of a report on voting patterns in state judicial primaries, given on November 30, 1983 before the Judiciary Committee of the Pennsylvania State Senate, Richard Snyder (R-Lancaster), Chair . PUBLICATION S "Sexuality Research Methods," (2006) The Blackwell Encyclopedia of Sociology, George Ritter (ed .),_Malden, MA : Blackwell Publishing Co . (with Julia Ericksen) . "Use of Surveys in Intellectual Property Disputes," (2005) Economic Approaches to Intellectual Property Policy, Litigation and Management Issues, Gregory K. Leonard and Lauren J . Stiroh (eds.) National Economic Research Associates, Inc . "An Evaluation of the 2000 Census and Census Bureau Efforts to Measure the Gross and Net Rates of Undercount," (2001) in North Dakota Law Review, Volume 77 .4 . "Errors in the Census," (2000) in Encyclopedia of the U.S. Census, Margo J . Anderson (ed .) Congressional Quarterly, Washington, DC. 206 - 209 . "Problems in Sampling the Native American and Alaska Native Populations," (April, 1997) Population Research and Policy Review, 16 :43-59 . Also in Changing Numbers, hanging Needs : American Indian Demography and Public Health, 1996, National Academy of Press, Washington, D .C . 113-129. Book Reviews, "A Journalist's Guide to Public Opinion Polls" by Sheldon R. Gawiser and G . Evans Witt, and "Reference Guide on Survey Research" by Shari Seidman Diamond, Public Opinion Quarterly (Spring 1996) . 159-165. "Comment on Papers by Breiman, Freedman and Wachter, and Rolph and Belin," Statistical Science, (November, 1994) 9 :511-515 . (with Stephen Fienberg and Joseph B . Kadane) . "Beyond the Net Undercount : How to Measure Census Error," Chance, (Fall, 1993) 6 :38-43, 14 (with Teresa K . DeFonso) . Comment on "Should We Have Adjusted the 1980 Census?" by David Freedman and W .S . Navidi, Survey Methodology, (June, 1992) 18 :52-58 (with Joseph B . Kadane) . N/E/RB A CoxsumNG ECONomins E -7- ugene Pennell Ericksen PUBLICATIONS (CONTINUED) "A Validation Experi ment With TRIM2," 1991 in The Uses of Microsimulation Models to Evaluate Social Welfare Programs, Constance Citro (ed .) National Academy Press, Washington, DC (with Michael L. Cohen, Lynne Billard, and David Betson) . Comment on Mulry, Mary S . and Spencer, Bruce D ., "Total Error in PES Estimates of Population," (1991) Journal of the American Statistical Association, 86 :855-7, December (with Joseph B . Kadane). "1990 Census Adjustment-- Yes or No?" Stats 4 :4-5, 22-25 . "Adjusting the 1980 Census of Population and Housing," Journal of the American Statistical Association, December 1989, 84 :927-944 (with Joseph B . Kadane and John W . Tukey). "Estimating the Concentration of Wealth in America," Public Opinion Quarterly, Summer 1988, 52 :243-253 . Sensitivity Analysis of Local Undercount Estimates in the 1980 U .S . Census," 1987 in R. Platek, J.N.K. Rao, C.E. Sarndal, and M .P . Singh, Small Area Statistics : An International Symposium, New York : John Wiley, 22-45 (with Joseph B . Kadane, originally given as an invited paper at the symposium in Ottawa, Canada on May 24, 1985) . "Using Administrative Lists to Estimate Census Omissions," Journal of Official Statistics, December 1986, 2 :397-414 (with Joseph B . Kadane). "Comment on Paper by Freedman and Navidi," Statistical Science, February 1986, 1 :18 21 . "Estimating the Population in a Census Year," Journal of the American Statistical Association, March 1985, 80 :98-132 including comments and rejoinder (with Joseph B. Kadane) . "The Structure of Pluralism : We're All Italian Around Here, Aren't We Mrs . O'Brien," Ethnic and Racial Studies, January 1985, 8 :94-116 (with William L . Yancey and George Leon) . N/E/R/A CONSULTING EQ?NOMlSTs E -8- ugene Pennell Ericksen PUBLICATIONS (CONTINUED ) "The Cultivation of the Soil as a Moral Directive," Rural Sociology, Spring 1980, 45 :49 68 (with Julia Ericksen and John Hostetler) . "Fertility Patterns and Trends Among the Old Order Amish," Population Studies, July 1979, 33 :255-276 (with Julia Ericksen, John Hostetler, and Gertrude Huntington) . "The Division of Family Roles," Journal of Marriage and the Family, May 1979, 41 :301-313 (with Julia Ericksen and William L . Yancey) . "Antecedents of Community : Economic and Institutional Structure of Urban Neighborhoods," American Sociological Review, April 1979, 44:253-242 (with William L . Yancey). "Work and Residence in Industrial Philadelphia," Journal of Urban History, March 1979, 5 :147-182 (with William L. Yancey) . "A Tale of Three Cities : Blacks and Immigrants in Philadelphia, 1850-1880, 1930, and 1970," The Annals, J anuary 1979, 441 :55- 81 (with Theodore Hershberg, Alan Burstein, Stephanie Greenberg, and William L. Yancey) . Sampling Report for Field Survey," in Howard Kunreuther et .al ., Disaster Insurance Protection : Public Policy Lessons, New York: John Wiley, 271-283 . "On Transpl an ted Culture," American Journal of Sociology, November 1977, 83 :737741 (with William L . Yancey). Reply to Levine and Bergesen," American Sociological Review, October 1977, 42 :825827 (with William L. Yancey and Richard Julian) . "Sampling a Rare Population : A Case Study," Journal of'the American Statistical Association, December, 1976, 71 :816-822 . "Emergent Ethnicity : A Review and Reformulation," American Sociological Review, June, 1976, 41 :391-403 (With William L . Yancey and Richard Julian) . NIE/R/ A ComsuariNG Ecovowm E -9- ugene Pennell Ericksen "A Regression Method for Estimating Population Changes of Local Areas," Journal of the American Statistical Association, December, 1974, 69 :867-875 . "A Method for Combining Sample Survey Data and Symptomatic Indicators to Obtain Population Estimates for Local Areas," Demography, May, 1973, 10 :137-160 . REPORTS AND MONOGRAPH S Report on the 1990 Decennial Census and the Post-Enumeration Survey , Prepared for the Secretary of the United States Department of Commerce, 1991 (with Leobardo F . Estrada, John W. Tukey and Kirk M. Wolter) . The Use of Microsimulation Models to Evaluate Social Welfare Programs (as a member of the National Academy of Sciences Panel on Microsimulation Models), National Academy Press, Washington, DC, 1991 . The State of Puerto Rican Philadelphia , published in February, 1985 by the Institute for Public Policy Studies, Temple University, (edited entire book, wrote chapters 1 and 10) . "Projection of the Jewish Population to Year 2000," Chapter 3 of William L . Yancey and Ira Goldstein, The Jewish Population of the Greater Philadelphia Area , published in November, 1984 by the Philadelphia Federation of Jewish Agencies . Women Who Work: A National Survey," published in June, 1984 by Newsweek , New York City (with Julia Ericksen) . Estimating Population and Income of Small Areas (as member of a National Academy of Sciences Panel on Small Area Estimates of Population and Income), National Academy Press, Washington, D .C ., 1980 . Report of Conference on Economic and Demographic Methods for Projecting Population : Summary and Recommendations , published in Apri l, 1978 by the American Statistical Association, Washington, D .C . (with Richard Engels) . "The Effects of 1980 Census Undercount on Apportionment and Allocations," given May 31, 1985 at the annual meetings of the American Association for the Advancement of Science, Los Angeles, California . "Can Regression be Used to Estimate Local Undercount Adjustments?" given at a special Census Bureau conference on the possibility of adjusting the 1980 Census for differential undercount in February, 1980, published in Proceedings of the 1980 Conference on Census Undercount , July, 1980, Washington, D .C . : Government Printing Office, pp . 55-61 . N/EtR/A CONSULTING ECo vows E -10- ugene Pennell Ericksen REPORTS AND MONOGRAPHS (CONTINUED ) "Defining Criteria for Evaluating Local Estimates : Discussion of Papers by Gonzalez and Fay," given in 1978 at NIDA Conference on Local Estimation Methods, Princeton, New Jersey and published in Synthetic Estimates for Small Areas : Statistical Workshop Papers and Discussions , National Institute on Drug Abuse Research Monograph, February, 1979, No . 24, pp. 185-191 . "Immigrants and Their Opportunities : Philadelphia, 1859-1936," given in January, 1979 at the annual meetings of the Ame ric an Association for the Advancement of Science, Houston, Texas (with William L . Yancey) . "Recent Developments in Estimation for Local Areas," given in December, 1973 at the annual meetings of the American Statistical Association and published in Proceedings of the Social Statistics Section, pp .37-41 . "Using Administrative Lists to Estimate Census Omissions : An Example," given in 1983 and published in the Proceedings of the Section on Survey Research Methods , pp . 361366 (with Joseph B . Kadane) . "Using the 1980 Census as a Population St andard," given in 1983 an d published in the Proceedings of the Social Statistics Section , pp . 474-479 (with Joseph B . Kad an e) . "Some Lessons Learned from Conducting Federally Sponsored Surveys," given in 1977 and published in the Proceedings of the Social Statistics Section , pp . 183-185. "Outliers in Regression Analysis When Measurement Error is Large," given in 1975 and published in the Proceedings of the Social Statistics Section , pp . 412-417. "Adjusting the 1980 Census of Housing and Population," submitted at th e August 17, 1987 hearing of the House Committee on Post Office and Civil Service, subcommittee on Census and Population, Mervyn Dymally (D-California), Chair (with Joseph B . Kadane and John W . Tukey) . "Design of Sample and Estimator for Evaluating Local Rental and Rental Equivalent Price Relatives for the CPI," report submitted by Mathematica Policy Research (MPR) in August 1984 to U .S . Department of Labor, Bureau of Labor Statistics (with Harold Watts and Charles E . Metcalf) . N/EIRIA CONsurwG ECONomim -11 - Eugene Pennell Ericksen REPORTS AND MONOGRAPHS (CONTINUED ) "A New Survey to Study Duration on AFDC," report submitt ed by the Urban Institute in June 1984 to the Department of Health and Human Services (with Lee Bawden and Diana Davis) . "Voting Patterns in Pennsylvania Judicial Primaries : 1983," report submitted to the Judiciary Committee of the Pennsylvania State Senate, November 1983 (with Christena E . Nippert) . "A Survey of Undocumented Aliens in HHC Facilities," report submitted to New York City Health and Hospitals Corporation, June 1983 (with Andrea Vayda and William Borden) and later submitted to Federal District Court (Eastern District of New York) in May 1985 on behalf of plaintiffs in City of New York v . Heckler, 79 Civ . 1740 . "A DAWN Survey Design," repo rt submi tt ed to National Institute on Drug Abuse in August 1982 (with Richard Bucher and John Hall) . "An Evaluation of 1970 Estimates of Spanish Origin Population for Counties," submitted in January 1977 to the Congressional Research Service, Library of Congress . "Population Estimation in the 1970's : The Stakes are Higher," report submitted in May 1975 to the U .S . Bureau of the Census . "Test of a Statistical Procedure for Computing Estimates for Local Areas," report submitted in January 1973 to the U .S . Bureau of the Census . MARCH, 200 6 NIEIRjA CoNsuumv EcoNomisn E -12- ugene Pennell Erickse n CIVIL PROCEEDINGS IN WHICH EUGENE P . ERICKSEN HAS TESTIFIED IN THE LAST FOUR YEAR S Type of Testimony" Case Name Am General and General Motors Corporation, V . *DaimlerChrysler Corporation *United States of America v . Broadcast Music Inc . et ano. Eolas Technologies, hic . vs. *Microsoft Corporation, Inc. Court U .S . District Court, Northern District of Indian a U .S . District Court, Southern District of New York U.S . District Court, Northern District of Illinoi s U .S . District Court, Middle District of North Carolin a U .S . District Court, Southern District of Florida U .S . District Court, Southern District of New York U .S . District Court, Northern District of New Yor k American Arbitration Association, New York City American Arbitration Association, New York City U .S . District Court District of New Jersey Year 200 2 Trial Deposition 200 2 Deposition 200 2 DeLoach v . *Philip Morris Deposition 200 3 Acushnet v . *Nitro Leisure Products Deposition 200 3 AT&T v . *Microsoft Deposition 200 3 EEOC v. *Carrols Corporation Deposition 200 3 CSC* v . Yankees Entertainment and Sports Network, LLC Advanced Executive Aircraft, Limited vs . Lucas Aerospace, Ltd.* Arbitratio n Proceeding Arbitratio n Proceeding 2004 200 5 Nilda Gutierrez, et al . vs. Johnson & Johnson* Deposition 200 6 Party that retained Dr . Erickse n It should be noted that a Court appearance may have been preceded by a Deposition, Affidavit, and/or Report ; a Deposition may have been preceded by an Affidavit and/or Report ; and an Affidavit may have been preceded by a Report . MARCH, 2006 N/E /RfA CONSULTING Ecomomms APPENDIX B References Cochran, W .G . (1963) Sampling Techniques, 2nd ed., New York : John Wiley and Sons, Inc . Kish, L . (1965) Survey Sampling, New York: John Wiley and Sons, Inc . Hansen, M .H ., Hurwitz, W .N . and Madow, W .G . (1953) Sample Survey Methods and Theory, New York: John Wiley and Sons, Inc . 3 APPENDIX C Documents Relied O n 1) Deposition of George Manti s 2) Buying Program Memorandum (Bates Numbers TC0058177 - TC0058184 ) ) First Amended Complaint of TIFFANY (NJ) INC. and TIFFANY AND COMPANY v. eBAY INC. 4) Buying Program : A Report to Arnold and Porter, LLP ; Prepared by The Mantis Group, Inc. ; December 23, 200 5 5) 2004 Buying Program Summary Table (Bates Numbers TCO 087136 - TCO 087144) 6) 2004 Buying Program eBay search printouts : a. Monday, January 26, 2004 (Bates Numbers TC 050722 - TCO050863) b. Tuesday, January 27, 2004 (Bates Numbers TC 0 050864 - TCO051003 ) c. Wednesday, January 28, 2004 (Bates Numbers TC0051004 - TCO051146) d. Thursday, January 29, 2004 (Bates Numbers TC 0 051286 - TCO051422) e. Friday, January 30, 2004 (Bates Numbers TC 0051147 - TCO051285) f. Monday, February 9, 2004 (Bates Numbers TC0051424 - TCO051582) g. Tuesday, February 10, 2004 (Bates Numbers TC 0051583 - TCO051733 ) h. Wednesday, February 11, 2004 (Bates Numbers TO0051734 - TC 0 051884) i. Thursday, February 12, 2004 (Bates Numbers TC0051885 - TCO052025 ) j. Friday, February 13, 2004 (Bates Numbers TC0052026 - TCO052166 ) 7) 2005 Buying Program Summary Table (Bates Numbers TCO 086511 - TCO 086520) 8) 2005 Buying Program eBay search printouts : a. Monday, April 4, 2005 (Bates Numbers TCO 081323; TCO 081335 - TCO 081549 ) b. Tuesday April 5, 2005 (Bates Numbers TCO 081324 ; TCO 081550 - TCO 081713) 1 h 9 F c. Wednesday, April 6, 2005 (Bates Numbers TC0081325 ; TC0081325 TC0081878 ) d. Thursday, April 7, 2005 (Bates Numbers TCO 081326 ; TCO 081879 - TCO 082073 ) e. Friday, April 8, 2005 (Bates Numbers TC0081327 ; T00082074 - TC0082243 ) f. Monday, Ap ri l 18, 2005 (Bates Numbers TCO 081328 - TCO 081329 ; TCO 082244 -082399 ) - Tuesday, April 19, 2005 (Bates Numbers TCO 081330 - TCO 081331 ; TCO 082400 - TCO 082564) . Wednesday, April 20, 2005 (Bates Numbers TCO 081332; TCO 082915 - TCO 082749 ) Thursday, April 21, 2005 (Bates Numbers TCO 081333 ; TCO 082750 - TCO 082914) riday, April 22, 2005 (Bates Numbers TCO 081334 ; TCO 082566 - TCO 083085 ) 9) Excel file "Tiffany item IDs 0 040306" (eBay data for listings with Tiffany in the title) 10) eBay search performed on January 18, 2006 at NERA Economic Consulting 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?