United States Of America v. Apple Inc.

Filing 1

CASE TRANSFERRED IN from the United States District Court - Western District of Washington at Seattle; Case Number: 12-mc-186. Original file certified copy of transfer order and docket entries received.Document filed by Amazon.Com.(sjo) (Additional attachment(s) added on 10/19/2012: # 1 Exhibit, # 2 Exhibit) (sjo). (Additional attachment(s) added on 10/19/2012: # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit) (sjo).

Case 2:12-mc-00186-MJP Document 7 Filed 09/28/12 Page 1 of 3

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Chief Judge Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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IN RE ELECTRONIC BOOKS ANTITRUST
LITIGATION

No. 12-mc-00186-MJP
APPLICATION FOR LEAVE TO
APPEAR PRO HAC VICE

Action Pending in:
United States District Court, Southern District
of New York (11-md-02293-DLC)

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Pursuant to Local General Rule 2(d) of the United States District Court for the

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Western District of Washington, I, ANDREW J. FRACKMAN, hereby apply to this Court for
permission to appear and participate as counsel in the above entitled action on behalf of Apple
Inc.
I am an attorney with the law firm of O’Melveny & Myers LLP; 7 Times Square, New

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York, NY 10036.
As outside counsel for defendant Apple Inc., I seek admission by this Court on a pro

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hac vice basis for the purpose of representing its interests in this litigation.
I understand that I am charged with knowing and complying with all applicable local

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rules.
I have not been disbarred or formally censured by a court of record or by a state bar
association and there are no disciplinary proceedings against me.

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APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE - 1
Case No. 12-mc-00186-MJP
709883.0002/5495155.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]

Case 2:12-mc-00186-MJP Document 7 Filed 09/28/12 Page 2 of 3

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I declare under penalty of perjury that the foregoing is true and correct.

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DATED: September 28, 2012

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O’MELVENY & MYERS LLP

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By: s/Andrew J. Frackman
ANDREW J. FRACKMAN
NYSBA No. 1751288
[e-mail]
[phone]

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O’MELVENY & MYERS LLP
7 Times Square
New York, NY 10036

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Attorney for Apple Inc.

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STATEMENT OF LOCAL COUNSEL

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I am authorized and will be prepared to handle this matter, including trial, in the event

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the applicant, ANDREW J. FRACKMAN, is unable to present upon any date assigned by the

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Court.

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DATED: September 28, 2012.

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LANE POWELL PC

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By s/Christopher B. Wells
Christopher B. Wells, WSBA No. 08302
[e-mail]

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By s/Michelle K. Peterson
Michelle K. Peterson, WSBA No. 33598
[e-mail]

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LANE POWELL PC
1420 Fifth Avenue, Suite 4100
Seattle, WA 98101
[phone]

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Attorneys for Apple Inc.

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APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE - 2
Case No. 12-mc-00186-MJP
709883.0002/5495155.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]

Case 2:12-mc-00186-MJP Document 7 Filed 09/28/12 Page 3 of 3

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CERTIFICATE OF SERVICE

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The undersigned certifies under penalty of perjury under the laws of the State of

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Washington, that on the 28th day of September, 2012, the document attached hereto was

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presented to the Clerk of the Court for filing and uploading to the CM/ECF system. In

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accordance with their ECF registration agreement and the Court's rules, the Clerk of the Court

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will send e-mail notification of such filing to all CM/ECF participants and any non-CM/ECF

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participants will be served in accordance with the Federal Rules of Civil Procedure.

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Majorie Alison Walter
KIPLING LAW GROUP PLLC
3601 FREMONT AVENUE N
STE 414
SEATTLE, WA 98103
206-545-0347
Email: [e-mail]

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by CM/ECF
by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery
Michael E Kipling
KIPLING LAW GROUP PLLC
3601 FREMONT AVENUE N
STE 414
SEATTLE, WA 98103
206-545-0345
Fax: [phone]
Email: [e-mail]
by CM/ECF
by Electronic Mail
by Facsimile Transmission
by First Class Mail
by Hand Delivery
by Overnight Delivery

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s/ Peter C. Elton
Peter C. Elton

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APPLICATION FOR LEAVE TO APPEAR PRO HAC VICE - 3
Case No. 12-mc-00186-MJP
709883.0002/5495155.1

LANE POWELL PC
1420 FIFTH AVENUE, SUITE 4100
SEATTLE, WASHINGTON 98101-2338
206.223.7000 FAX: [phone]