Johnston et al v. Apple, Inc.

Filing 36

DECLARATION of William K. Phillips in Opposition re: 32 MOTION to Dismiss Defendant Apple Inc.'s Motion to Dismiss the Second Amended Complaint.. Document filed by Nile Charles, Brian Johnston. (Phillips, William)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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11-CV-3321 (JSR)

BRIAN JOHNSTON and NILE CHARLES,
Plaintiffs,
-against-

DECLARATION OF
COUNSEL IN
OPPOSITION TO
DEFENDANT APPLE’S
MOTION TO DISMISS

APPLE INC. & OMNISCIENT INVESTIGATION CORP.,
Defendants.
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WILLIAM K. PHILLIPS, ESQ., declares, pursuant to 28 U.S.C. § 1746 and subject to
the penalties of perjury, that the following is true and correct:
1.

I am an attorney duly admitted to practice in the Courts of the State of New York, and
in the United States District Court for the Southern District of New York. I represent
the plaintiffs in the above-captioned action. As such, I am fully familiar with the
facts and circumstances of this action, the basis of my knowledge being the files
maintained by my office.

2.

I submit this Declaration in Opposition to Defendant Apple’s Motion to Dismiss and
for such other and further relief as this Court deems just and proper.

3.

A copy of Plaintiffs’ Second Amended Complaint is attached hereto as Exhibit “A.”

4.

No prior application for the relief herein requested has been made to this Court.

WHEREFORE, Plaintiffs respectfully request that this Court enter an Order:
(i)

Denying Defendant Apple’s Motion to Dismiss pursuant to Rule 12(b)(6) of the
Federal Rules of Civil Procedure and Rule 12(d) of the Federal Rules of Civil
Procedure; and

(ii)

For such other and further relief as this Court may deem just and proper.

Dated: New York, New York
August 18, 2011
DEREK T. SMITH LAW GROUP, P.C.
Attorneys for Plaintiff

____________/s/_________________
William K. Phillips (wp0409)
Of Counsel
30 Broad Street, 35th Floor
New York, NY 10004
[phone]
To:

Thomas M. Crispi, Esq.
Kellen G. Ressmeyer, Esq.
SCHIFF HARDIN LLP
Attorneys for Apple Inc.
666 Fifth Avenue, 17th Floor
New York, NY 10103
212-753-5000
David L. Metzger, Esq.
LEWIS JOHS AVALLONE AVILES, LLP
Attorneys for Omniscient Investigation Corp.
61 Broadway, Suite 2000
New York, NY 10006
212-233-7195

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