"The Apple iPod iTunes Anti-Trust Litigation"
Filing
768
RESPONSE (re 763 Administrative Motion to File Under Seal [Plaintiffs' Reply Memorandum in Support of Daubert Motion to Exclude Certain Opinion Testimony of Kevin M. Murphy and Robert H. Topel and Exhibit 1] ) filed byApple Inc.. (Attachments: # 1 Proposed Order Granting Plaintiffs' Administrative Motion to Seal, # 2 Declaration of David C. Kiernan ISO Apple's Response, # 3 Exhibit 1-3 to Kiernan Declaration, # 4 Proposed Redactions to Plaintiffs' Reply Memorandum)(Kiernan, David) (Filed on 2/4/2014)
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Robert A. Mittelstaedt (State Bar No. 60359)
ramittelstaedt@jonesday.com
Craig E. Stewart (State Bar No. 129530)
cestewart@jonesday.com
David C. Kiernan (State Bar No. 215335)
dkiernan@jonesday.com
Amir Q. Amiri (State Bar No. 271224)
aamiri@jonesday.com
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone:
(415) 626-3939
Facsimile:
(415) 875-5700
Attorneys for Defendant
APPLE INC.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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OAKLAND DIVISION
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THE APPLE iPOD iTUNES ANTI-TRUST
LITIGATION.
Case No. C 05-00037 YGR
[CLASS ACTION]
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DECLARATION OF DAVID C.
KIERNAN IN SUPPORT OF APPLE
INC.’S RESPONSE TO PLAINTIFFS’
ADMINISTRATIVE MOTION TO SEAL
(ECF NO. 763)
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1.
I am a partner in the law firm of Jones Day, located at 555 California Street, 26th
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Floor, San Francisco, CA 94104. I submit this declaration in support of Apple’s Response to
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Plaintiffs’ Administrative Motion to Seal Plaintiffs’ Reply Memorandum in Support of Plaintiffs’
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Daubert Motion to Exclude Certain Opinion Testimony of Kevin M. Murphy and Robert H.
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Topel (ECF No. 763). The facts stated in this declaration are true and based upon my own
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personal knowledge, and if called to testify to them, I would competently do so.
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2.
The relief requested in Apple’s Administrative Motion is necessary and narrowly
tailored to protect Apple's confidential business information. Portions of Plaintiffs’ Reply brief
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Decl. ISO Admin. Motion to Seal
C 05-00037 YGR
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contain confidential and commercially sensitive business information relating to Apple’s pricing
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decisions and alleged overcharges for Apple iPods. Apple disclosed information relating to its
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pricing policies pursuant to the Protective Order in this case, keeps such information highly
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confidential, and does not disclose it to the public. As demonstrated in the attached declarations,
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the disclosure of this information would harm Apple.
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3.
Motions to seal similar information have been granted previously in this case. See,
e.g., ECF Nos. 184, 247, 291, 336, 340, 353, 422, 527.
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Attached as Exhibit 1 is a true and correct copy of the Declaration of Mark
Buckley filed January 24, 2011, ECF No. 492.
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Attached as Exhibit 2 is a true and correct copy of the Declaration of Mark
Buckley filed January 13, 2011, ECF No. 454.
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Attached as Exhibit 3 is a true and correct copy of the Declaration of Eddy Cue
filed December 23, 2010, ECF No. 409.
Executed this 4th day of February, 2014 in San Francisco, California.
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/s/ David C. Kiernan
David C. Kiernan
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SFI-852108v1
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Decl. ISO Admin. Motion to Seal
C 05-00037 YGR
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