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Apple’s Admin. Mot. to File Under Seal
C 05 00037
Robert A. Mittelstaedt #060359
Craig E. Stewart #129530
JONES DAY
555 California Street, 26th Floor
San Francisco, CA 94104
Telephone: (415) 626-3939
Facsimile: (415) 875-5700
ramittelstaedt@jonesday.com
cestewart@jonesday.com
Attorneys for Defendant
APPLE INC.
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN JOSE DIVISION
THE APPLE iPOD iTUNES ANTI-
TRUST LITIGATION
Case No. C 05 00037 JW
C 06-04457 JW
APPLE’S MISCELLANEOUS
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL APPLE’S MEMORANDUM
IN OPPOSITION TO MOTION FOR
CLASS CERTIFICATION AND THE
DECLARATIONS OF JO-ANNE KNYSH
AND ARTHUR RANGEL; DECLARATION
OF TRACY M. STRONG IN SUPPORT
Date: December 15, 2008
Time: 9:00 A.M.
Place: Courtroom 8, 4th Floor
"The Apple iPod iTunes Anti-Trust Litigation" Doc. 173
Dockets.Justia.com
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- 2 -
Apple’s Admin. Mot. to File Under Seal
C 05 00037
Pursuant to Local Rules 7-11(a) and 79-5(b) and (c), defendant Apple Inc. (Apple)
requests that the Court order the Clerk of the Court to file under seal the following confidential
documents Apple is lodging with the Court on October 17, 2008:
1. Apple’s Memorandum in Opposition to Motion for Class Certification.
2. Declaration of Jo-Anne Knysh in Support of Apple’s Memorandum in Opposition
to Motion for Class Certification.
3. Declaration of Arthur Rangel in Support of Apple’s Memorandum in Opposition
to Motion for Class Certification and attached exhibits.
The requested relief is necessary and narrowly tailored to protect the confidentiality of
Apple’s commercially sensitive business information, including undisclosed unit sales numbers
and customer survey data and analysis. The confidential sales numbers and customer survey data
have been redacted from Apple’s Memorandum in Opposition to Motion for Class Certification to
allow public access to the redacted Memorandum, and the redacted Memorandum is stamped
“REDACTED.” The Declarations of Jo-Anne Knysh and Arthur Rangel and attached exhibits
could not be protected through redaction. Pursuant to Local Rule 79-5, this request is supported
by the below declaration of Tracy M. Strong and is accompanied by a proposed order to file
under seal.
Dated: October 17, 2008
JONES DAY
By: /s/Tracy M. Strong
Tracy M. Strong
Attorneys for Defendant
APPLE INC.
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- 3 -
Apple’s Admin. Mot. to File Under Seal
C 05 00037
DECLARATION OF TRACY STRONG IN SUPPORT OF APPLE’S MISCELLANEOUS
ADMINISTRATIVE MOTION TO FILE UNDER SEAL APPLE’S MEMORANDUM IN
OPPOSITION TO MOTION FOR CLASS CERTIFICATION AND THE DECLARATIONS OF
JO-ANNE KNYSH AND ARTHUR RANGEL
Based on my personal knowledge, information and belief, I, Tracy M. Strong, declare:
1. I am an attorney licensed to practice law in the State of California and admitted to
practice before the United States District Court of the Northern District of California. I am an
associate in the law firm of Jones Day in San Francisco, California, counsel for defendant Apple
Inc. in the above-captioned action. I have personal knowledge of the facts set forth herein and, if
called as a witness, I could and would testify competently thereto.
2. I make this declaration in support of Apple’s Administrative Motion to File Under
Seal the following confidential documents:
(a) Apple’s Memorandum in Opposition to Motion for Class Certification.
(b) Declaration of Jo-Anne Knysh in Support of Apple’s Memorandum in
Opposition to Motion for Class Certification.
(c) Declaration of Arthur Rangel in Support of Apple’s Memorandum in
Opposition to Motion for Class Certification and attached exhibits.
3. Sealing of the documents identified above is warranted because each of these
documents contains confidential commercially sensitive business information, including
undisclosed unit sales numbers and customer survey data and analysis. I have narrowly tailored
the number of confidential documents in this request and redacted documents in order to
minimize those that need be filed under seal.
I declare under penalty of perjury that the foregoing is true and correct and that this
Declaration was executed on October 17, 2008.
/s/Tracy M. Strong
Tracy M. Strong
SFI-594635v1
