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

Filing 89

DECLARATION of Stephanie A. Fleming in Support re: 88 MOTION for Entry of Judgment under Rule 54(b) and §15 U.S.C. 16(b)-(h).. Document filed by Unites States of America. (Attachments: # 1 Exhibit Certificate of Compliance, # 2 Exhibit Proposed Final Judgment)(Fleming, Stephanie)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
__________________________________________
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)
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Plaintiff,
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v.
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APPLE, INC.,
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HACHETTE BOOK GROUP, INC.,
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HARPERCOLLINS PUBLISHERS, L.L.C.,
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VERLAGSGRUPPE GEORG VON
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HOLTZBRINCK GMBH,
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HOLTZBRINCK PUBLISHERS, LLC
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d/b/a MACMILLAN,
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THE PENGUIN GROUP,
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A DIVISION OF PEARSON PLC,
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PENGUIN GROUP (USA), INC., and
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SIMON & SCHUSTER, INC.,
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Defendants.
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__________________________________________)
UNITED STATES OF AMERICA,

Civil Action No. 12-CV-2826 (DLC)

DECLARATION OF STEPHANIE A. FLEMING
IN SUPPORT OF MOTION FOR ENTRY OF FINAL JUDGMENT

STEPHANIE A. FLEMING, declares:
1.

I am an attorney representing Plaintiff United States of America (“United States”)

and am authorized to practice before this Court. I make this declaration in support of the United
States’ Motion for Entry of Final Judgment, pursuant to the Antitrust Procedures and Penalties
Act, 15 U.S.C. § 16(b)-(h) (“Tunney Act”), and Fed. R. Civ. P. 54(b).

2.

Attached as Exhibit 1 is a Certificate of Compliance, confirming that all parties

have complied with the requirements that must be met under the Tunney Act prior to entry of the
proposed Final Judgment.
3.

Attached as Exhibit 2 is a true and correct copy of the proposed Final Judgment,

which was originally filed April 11, 2012. (Docket No. 4).
In accordance with 28 U.S.C. § 1746, I declare under penalty of perjury that the
foregoing is true and correct to the best of my knowledge and belief.

Dated: August 3, 2012
/s/
Stephanie A. Fleming
United States Department of Justice
Antitrust Division
450 Fifth Street, N.W., Suite 4000
Washington, DC 20530
[phone]
[e-mail]
Attorney for Plaintiff United States of America

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CERTIFICATE OF SERVICE
I, Stephanie A. Fleming, hereby certify that on August 3, 2012, I caused a copy of the
Declaration of Stephanie A. Fleming, in Support of Plaintiff United States’ Motion for Entry of
Final Judgment and attached exhibits, to be served by the Electronic Case Filing System on all
parties to this action. Additionally, courtesy copies were provided electronically to the following
individuals:

For the State of Connecticut:
W. Joseph Nielsen
Assistant Attorney General
Antitrust Division
Office of the Attorney General
55 Elm Street
Hartford, CT 06106
[phone]
[e-mail]

For the State of Texas:
Gabriel R. Gervey
Assistant Attorney General
Antitrust Division
Office of the Attorney General of Texas
300 W. 15th Street
Austin, Texas 78701
[phone]
[e-mail]

For the Private Plaintiffs:
Jeff D. Friedman
Hagens Berman
715 Hearst Ave., Suite 202
Berkeley, CA 94710
[phone]
[e-mail]

/s/
Stephanie A. Fleming
United States Department of Justice
Antitrust Division
450 Fifth Street, N.W., Suite 4000
Washington, DC 20530
[phone]
[e-mail]
Attorney for Plaintiff United States of America
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