Unites States of America v. Apple, Inc. et al

Filing 42

MOTION for Daniel S. Floyd, Daniel G. Swanson & Jagannathan P. Srinivasan to Appear Pro Hac Vice. Document filed by Apple, Inc.(pgu)

DOC#
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,
Plaintiff,

12 Civ. 2826 (DLC)

vs.
APPLE INC., et al.,
Defendants.

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NOTICE OF MOTION FOR ADMISSION PRO HAC VICE

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PLEASE TAKE NOTICE that, upon the declaration submitted herewith, DefendanL.

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Denise L. Cote, United States District Judge, United States Courthouse, 500 Pearl Str~

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Courtroom 15B, New York, New York, at a time and date to be determined by this Cotnt, fOf."<lll. ~
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Order admitting DanielS. Floyd, Daniel G. Swanson, and Jagannathan P. Srinivasan, pro hac!
vice, pursuant to Rule 1.3(c) of the Local Civil rules of the United States District Court for the
Southern District of New York. A proposed order is annexed hereto.
Dated:

New York, New York
May 8, 2012
Respectfully submitted,
GIBSON, DUNN & CRUTCHER LLP

~HaneL. Kim

200 Park Avenue, Suite 47-038
New York, NY 10166
Telephone: [phone]
Facsimile: 212-351-6312
[e-mail]
Attorneys for Defendant Apple Inc.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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UNITED STATES OF AMERICA,
Plaintiff,

12 Civ. 2826 (DLC)

vs.
APPLE INC., et al.,
Defendants.

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DECLARATION OF HANE L. KIM
I, HANEL. KIM, pursuant to 28 U.S.C. § 1746, declare as follows:
1.

I am an attorney admitted to practice in the State ofNew York and the United

States District Courts for the Southern District of New York. I am an associate of the law firm of
Gibson, Dunn & Crutcher LLP, counsel for Defendant Apple, Inc. ("Apple"), in the abovecaptioned action. I make this affidavit in support of Apple's motion, pursuant to Rule 1.3(c) of
the Local Civil Rules of this Court, for the admission of DanielS. Floyd, Daniel G. Swanson,
and Jagannathan P. Srinivasan, to the bar of this Court pro hac vice.
2.

Mr. Floyd is a member of the Los Angeles, California office of Gibson, Dunn &

Crutcher LLP. Mr. Floyd is a member in good standing of the bar of the State of California. See
Certificate Of Standing issued by the State Bar of California, dated April27, 2012 (attached
hereto as Exhibit 1). Mr. Floyd is familiar with the Federal Rules of Civil Procedure and with
the Rules of this Court.
3.

Mr. Swanson is a member of the Los Angeles, California office of Gibson, Dunn

& Crutcher LLP. Mr. Swanson is a member in good standing of the bar of the State of

California. See Certificate Of Standing issued by the State Bar of California, dated April27,

2012 (attached hereto as Exhibit 2). Mr. Swanson is familiar with the Federal Rules of Civil
Procedure and with the Rules of this Court.
4.

Mr. Srinivasan is Of Counsel for Gibson, Dunn & Crutcher LLP, in the Los

Angeles, California office. Mr. Srinivasan is a member in good standing of the bar of the State
of California. See Certificate Of Standing issued by the State Bar of California, dated April 27,
2012 (attached hereto as Exhibit 3). Mr. Srinivasan is familiar with the Federal Rules of Civil
Procedure and with the Rules of this Court.
5.

Accordingly, I respectfully request that Mr. Floyd, Mr. Swanson, and Mr.

Srinivasan be admitted to the bar of this Court pro hac vice.
Dated:

New York, New York
May 8, 2012

~
HaneL. Kim

2

THE STATE BAR
OF CALIFORNIA
180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617

TELEPHONE: [phone]

CERTIFICATE OF STANDING
April 27, 2012

TO WHOM IT MAY CONCERN:
This is to certify that according to the records of the State Bar, DANIEL
SCOTT FLOYD, #123819 was admitted to the practice of law in this state
by the Supreme Court of California on July 16, 1986; and has been since
that date, and is at date hereof, an ACTIVE member of the State Bar of
California; and that no recommendation for discipline for professional or
other misconduct has ever been made by the Board of Trustees or a
Disciplinary Board to the Supreme Court of the State of California.

THE STATE BAR OF CALIFORNIA

Louise Turner
Custodian of Membership Records

THE STATE BAR
OF CALIFORNIA
180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617

TELEPHONE: [phone]

CERTIFICATE OF STANDING
April 27, 2012

TO WHOM IT MAY CONCERN:
This is to certify that according to the records of the State Bar, DANIEL G.
SWANSON, #116556 was admitted to the practice of law in this state by
the Supreme Court of California on December 27, 1984; and has been
since that date, and is at date hereof, an ACTIVE member of the State Bar
of California; and that no recommendation for discipline for professional or
other misconduct has ever been made by the Board of Trustees or a
Disciplinary Board to the Supreme Court of the State of California.

THE STATE BAR OF CALIFORNIA

Louise Turner
Custodian of Membership Records

THE STATE BAR
OF CALIFORNIA
180 HOWARD STREET, SAN FRANCISCO, CALIFORNIA 94105-1617

TELEPHONE: [phone]

CERTIFICATE OF STANDING
April27, 2012

TO WHOM IT MAY CONCERN:
This is to certify that according to the records ofthe State Bar, JAGANNATHAN
P. SRINIVASAN, #181471 was admitted to the practice of law in this state by the
Supreme Court of California on January 2, 1996; that from the date of admission
to September 27, 1999, he was an ACTIVE member of the State Bar of
California; that on September 27, 1999, he transferred at his request to the
INACTIVE status as of January 1, 1999; that from that date to January 13, 2000,
he was an INACTIVE member of the State Bar of California; that on January 13,
2000, he transferred at his request to the ACTIVE status; that from that date to
July 1, 2009, he was an ACTIVE member of the State Bar of California; that on
July 1, 2009, he was suspended from the practice of law in California by order of
the Supreme Court for nonpayment of State Bar membership fees; that said
suspension remained in effect to July 2, 2009 upon which last mentioned date he
was reinstated by the Supreme Court upon payment of all delinquent State Bar
fees and penalties; that he has been since that date, and is at date hereof, an
ACTIVE member of the State Bar of California; and that no recommendation for
discipline for professional or other misconduct has ever been made by the Board
of Governors or a Disciplinary Board to the Supreme Court of the State of
California.

THE STATE BAR OF CALIFORNIA

Louise Turner
Custodian of Membership Records

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

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UNITED STATES OF AMERICA,
Plaintiff,

12 Civ. 2826 (DLC)

vs.
APPLE INC., et al.,
Defendants.

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[PROPOSED] ORDER FOR ADMISSION PRO HAC VICE OF
DANIELS. FLOYD, DANIEL G. SWANSON, AND JAGANNATHAN P. SRINIVASAN
Upon consideration of the Notice of Motion for Admission Pro Hac Vice of Defendant
Apple, Inc., and the declaration submitted in support thereof, and good cause having been
shown, it is SO ORDERED that DanielS. Floyd, Daniel G. Swanson, and Jagannathan P.
Srinivasan are admitted to the bar of this Court pro hac vice this _

day of - - - - 2012.

HONORABLE DENISE L. COTE
United States District Judge

Certificate of Service
I, HaneL. Kim, hereby certify, under penalty of perjury pursuant to 28 U.S.C. § 1746,
that on May 8, 2012, a copy of the foregoing Notice of Motion for Admission Pro Hac Vice,
Declaration ofHane L. Kim in Support of Motion for Admission Pro Hac Vice, and Proposed
Order for Admission Pro Hac Vice of DanielS. Floyd, Daniel G. Swanson, and Jagannathan P.
Srinivasan were served by First Class U.S. Mail, postage prepaid, upon the following parties:
Daniel McCuaig
U.S. Department of Justice,
Antitrust Division, Litigation III
450 5th Street, NW, Suite 4000
Washington, DC 20008
Walter B. Stuart , IV
Freshfields Brockhaus Deringer LLP
601 Lexington A venue
New York, NY 10022
Shepard Goldfein
Skadden, Arps, Slate, Meagher &
Flom LLP
4 Times Square, 42nd Floor
New York, NY 10036

Dated:

New York, New York
May 8, 2012

Joel M. Mitnick
Sidley Austin LLP
787 Seventh A venue
New York, NY 10019
Helene Debra Jaffe
Proskauer Rose LLP
11 Times Square
New York, NY 10036
James W. Quinn
Weil, Gotshal & Manges LLP
767 Fifth A venue, 25th Floor
New York, NY 10153
Andrew Jay Frackman
O'Melveny & Myers LLP
7 Times Square
New York, NY 10036