J.T. Colby & Company, Inc. et al v. Apple, Inc.

Filing 168

DECLARATION of Bonnie L. Jarrett in Support re: 114 MOTION in Limine to Exclude any Testimony, Argument or Evidence Regarding the Expert Reports and Opinions of Mike Shatzkin.. Document filed by Apple Inc.. (Attachments: # 1 Exhibit 1 (REDACTED), # 2 Exhibit 2, # 3 Exhibit 3 (REDACTED), # 4 Exhibit 4, # 5 Tab - Colby 30(b)(6) Dep, # 6 Tab - Shatzkin Dep (REDACTED))(Cendali, Dale)

CONFIDENTIAL
Page 1

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------x
J.T. COLBY & COMPANY, INC.
d/b/a BRICK TOWER PRESS, J.
BOYLSTON & COMPANY, PUBLISHERS
LLC and IPICTUREBOOKS, LLC,
Plaintiff,
vs.

No. 11-cv-4060

APPLE, INC.,
Defendant.
-----------------------------x

CONFIDENTIAL
VIDEOTAPED DEPOSITION OF
30(b)(6) JOHN T. COLBY, JR.
New York, New York
Wednesday, July 18, 2012
10:20 a.m.

Reported by:
Jennifer Ocampo-Guzman, CRR, CLR
Ref: 7845
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CONFIDENTIAL
Page 133
1

Confidential-Colby

2

A.

Yes.

3

Q.

And what document reflects the

4

Simon & Schuster sales?

5

A.

I-wks05.xls.

6

Q.

So -- and you claim that these

7

documents were obtained after you acquired

8

the assets, you wrote to the distributors and

9

you asked them to give you summaries of the

10

sales figures; is that right?

11

MR. CHATTORAJ:

Objection.

12

A.

Not completely, no.

13

Q.

What's wrong about it?

14

A.

Some of the information came from

15

the trustee and some of the information came

16

from the distributors.

17

Q.

Okay.

Did any of the information

18

used to create exhibits A, B and C come from

19

the preexisting business records of iBooks,

20

Inc.?

21

A.

No.

22

Q.

What information did you obtain

23

from the trustee?

24
25

MR. CHATTORAJ:
A.

Objection.

350 boxes of information.

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CONFIDENTIAL
Page 134
1
2

Confidential-Colby
Q.

Let me be more specific.

What

3

information did you obtain from the trustee

4

that you used to create exhibits A, B and C?

5

MR. CHATTORAJ:

Objection.

6

A.

The wks file.

7

Q.

Anything else?

8

A.

No.

9

Q.

Are there in existence

10

contemporaneous sales records, such as

11

invoices and the like, showing what the

12

actual sales in units and dollars were from

13

1999 through 2006 prior to your acquisition

14

of the assets in December?

15
16
17
18

MR. CHATTORAJ:
A.

Objection.

What do you mean by

"contemporaneous"?
Q.

Ordinary course of business

19

documents that iBooks, Inc. or Byron Preiss

20

Visual Publications would have had that

21

reflected sales information?

22

A.

None that I've seen.

23

Q.

All right.

So turning then to the

24

period post acquisition of the iBooks, of the

25

assets that included iBooks mark, so in other
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