EXHIBIT 2

Case 5:17-cv-00551-LHK Document 341-2 Filed 12/16/19 Page 1 of 7
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APPLE’S WITNESS LIST / CASE NO. 4:17-CV-00551-LHK

Gibson, Dunn & 

Crutcher LLP 

JOSHUA H. LERNER, SBN 220755 

jlerner@gibsondunn.com 

GIBSON, DUNN & CRUTCHER LLP 

555 Mission Street, Suite 3000 

San Francisco, CA 94105-0921 

Telephone: 415.393.8200 

Facsimile: 415.393.8306 

Attorneys For Defendant APPLE INC. 

EUGENE NOVIKOV, SBN 257849 

enovikov@durietangri.com 

DURIE TANGRI LLP 

217 Leidesdorff Street 

San Francisco, CA 94111 

TELEPHONE: 415.362.6666 

IN THE UNITED STATES DISTRICT COURT 

FOR THE NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

CHRISTINA GRACE and KEN POTTER, 

Individually and on Behalf of All Others 

Similarly Situated, 

Plaintiffs, 

v. 

APPLE INC., 

Defendant. 

Case No. 5:17-cv-00551-LHK 

APPLE’S WITNESS LIST 

Date: January 16, 2020 

Time: 1:30pm 

Ctrm: Courtroom 4, 5th Floor 

Judge: Honorable Lucy H. Koh 

 

Case 5:17-cv-00551-LHK Document 341-2 Filed 12/16/19 Page 2 of 7
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 2 

APPLE’S WITNESS LIST / CASE NO. 4:17-CV-00551-LHK

Gibson, Dunn & 

Crutcher LLP 

DEFENDANT APPLE INC.’S WITNESS LIST 

 Defendant Apple Inc. (“Apple”) discloses its list of witnesses, including a summary of each 

witness, that it may call at trial, other than for impeachment or rebuttal, identifying which witnesses it 

expects to call live and which it expects to call by deposition. Apple reserves the right to: (1) add or 

remove witnesses or deposition testimony as necessary, including, but not limited to, in response to 

witness testimony, exhibits or other evidence that Plaintiffs may proffer; (2) call witnesses or use 

deposition testimony that may be necessary to lay the foundation for the admissibility of evidence if 

the Parties are unable to agree to the admissibility of such evidence; (3) call additional witnesses or 

use deposition testimony not on this list for the purposes of rebuttal or impeachment; and (4) call any 

witness identified by Plaintiffs on their live or by-designation witness lists or use any deposition 

testimony designated by Plaintiffs. Furthermore, and if necessary after the parties meet and confer 

regarding authenticity, admissibility, and other issues relating to exhibits and pretrial issues, Apple 

reserves the right to call custodians of records for any documents produced by a third party that are 

contained within its exhibit list. By including witnesses on its list, Apple assumes no obligation to 

call or make available any witness at trial. 

In the event that a witness from whom Apple anticipates offering live testimony is unavailable 

to testify at trial, Apple reserves the right to use deposition testimony given by such witness. For 

witnesses as to which Apple currently believes it to be reasonably possible that the witness will not 

be available for trial and not within 100 miles of the courthouse, Apple has listed the witness both as 

a live witness and as a witness by deposition. In the event that Plaintiffs object to the use of Apple’s 

deposition designations at trial, Apple reserves the right to call the deponent to provide live 

testimony. Apple further reserves the right to update the subjects on which the persons identified as 

witnesses may testify based on new information (including any newly produced documents); and to 

question the persons identified herein on any topics on which that person testified in a deposition, or 

regarding any matter that is discussed in any document to which that person had access and that is 

designated as an exhibit by either party. 

Live Witnesses 

Deidre Caldbeck is a Product Marketing Manager at Apple. She may testify about the 

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APPLE’S WITNESS LIST / CASE NO. 4:17-CV-00551-LHK

Gibson, Dunn & 

Crutcher LLP 

history and development of Apple and its iPhone and iPod products, the development and 

maintenance of Apple’s iOS operating systems and FaceTime and related interactions and 

agreements with third parties, Apple’s product information, communications and interactions with 

Apple carriers and channel partners, including purchase transactions, Apple Care service, and support 

records, as well as knowledge and information concerning the April 16, 2014 digital certificate 

expiration and concerning iOS 7’s performance on iPhone 4 and iPhone 4S devices, as well as any 

other issues addressed in her deposition or any documents introduced into evidence by the parties as 

to which she has knowledge. 

Dallas De Atley is a Software Development Engineer at Apple. He may testify about the 

history and development of Apple and its iPhone and iPod products, the development and 

maintenance of Apple’s iOS operating systems and FaceTime, the April 16, 2014 digital certificate 

expiration, and Apple’s efforts to restore FaceTime service to customers affected by the digital 

certificate expiration, as well as any other issues addressed in his deposition or any documents 

introduced into evidence by the parties as to which he has knowledge. 

Neil Malhotra, Ph.D. is the Edith M. Cornell Professor of Political Economy at the Graduate 

School of Business at Stanford University. He has studied political science, statistical methodology, 

and econometrics. He may testify about the opinions disclosed in his expert report and deposition. 

Aviel Rubin, Ph.D. is a Professor of Computer Science at Johns Hopkins University. He has 

focused his studies and work on computer security, with a current concentration on systems and 

networking security, with special attention to software and network security. He may testify about 

the opinions disclosed in his expert report and deposition. 

Gokul Thirumalai is an Engineering Manager, Messaging Services, at Apple. He may 

testify about the history and development of Apple and its iPhone and iPod products, the 

development and maintenance of Apple’s iOS operating systems and FaceTime and related 

interactions and agreements with third parties, the April 16, 2014 digital certificate expiration, 

Apple’s efforts to restore FaceTime service to customers affected by the digital certificate expiration, 

as well as any other issues addressed in his deposition or any documents introduced into evidence by 

the parties as to which he has knowledge. 

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APPLE’S WITNESS LIST / CASE NO. 4:17-CV-00551-LHK

Gibson, Dunn & 

Crutcher LLP 

Jacques Vidrine is a Senior Manager, Security Frameworks, QA, Special Projects, and 

OS Security, at Apple. He may testify about the history and development of Apple and its iPhone 

and iPod products, the development and maintenance of Apple’s iOS operating systems and 

FaceTime, the April 16, 2014 digital certificate expiration, and Apple’s efforts to restore FaceTime 

service to customers affected by the digital certificate expiration, as well as any other issues 

addressed in his deposition or any documents introduced into evidence by the parties as to which he 

has knowledge. 

David Hale is an Area Vice President, Strategic Sales at Akamai Technologies. He may 

testify as to issues addressed in his deposition or any documents introduced into evidence by the 

parties as to which he has knowledge. 

 Christina Grace is a named plaintiff and class representative in this matter. She may testify 

as to issues addressed in her deposition or any documents introduced into evidence by the parties as 

to which she has knowledge. 

 Ken Potter is a named plaintiff and class representative in this matter. He may testify as to 

issues addressed in his deposition or any documents introduced into evidence by the parties as to 

which he has knowledge. 

Testimony by Deposition 

Each of the below-listed witnesses may testify about any issue addressed in the 

designated portions of his or her deposition testimony: 

Christopher Hall is the former Assistant Vice President of Product Management at AT&T. 

Brian T. Plott is the Director of Recommerce at Best Buy. 

Andy Zeinfeld is the President of Brightstar Echo. 

Dated: December 13, 2019 Gibson, Dunn & Crutcher LLP 

By: /s/ Joshua H. Lerner Joshua H. Lerner 

Attorney for Defendant APPLE INC. 

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APPLE’S WITNESS LIST / CASE NO. 4:17-CV-00551-LHK

Gibson, Dunn & 

Crutcher LLP

CERTIFICATE OF SERVICE 

I, Ashley Moser, declare as follows: 

I am employed in the County of San Francisco, State of California, I am over the age of 

eighteen years and am not a party to this action; my business address is 555 Mission Street, Suite 

3000, San Francisco, CA 94105-0921, in said County and State. On the date set forth below, I served 

the following document(s): 

APPLE’S WITNESS LIST 

 BY ELECTRONIC TRANSFER TO THE CM/ECF SYSTEM: On this date, I electronically uploaded a true 

and correct copy in Adobe “pdf” format the above-listed document(s) to the United States District Court’s Case 

Management and Electronic Case Filing (CM/ECF) system. After the electronic filing of a document, service is 

deemed complete upon receipt of the Notice of Electronic Filing (“NEF”) by the registered CM/ECF users.

 (FEDERAL) I declare under penalty of perjury that the foregoing is true and correct. 

Executed on December 13, 2019 

/s/ Ashley Moser 

Ashley Moser 

 

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APPLE’S WITNESS LIST / CASE NO. 4:17-CV-00551-LHK

Gibson, Dunn & 

Crutcher LLP

SERVICE LIST 

Bruce L. Simon 

Daniel L. Warshaw 

Alexander Lee Simon 

PEARSON SIMON & WARSHAW, LLP 

44 Montgomery Street, Suite 2450 

San Francisco, CA 94104 

Telephone: 415-433-9000 

Fax: 415-433-9008 

Email: bsimon@pswlaw.com 

Email: dwarshaw@pswlaw.com 

Email: asimon@pswlaw.com 

Attorneys for Plaintiffs 

Bradley W. Caldwell 

Christopher S. Stewart 

Jason D. Cassady 

John A. Curry 

John Summers 

Daniel R. Pearson 

Warren J. McCarty III 

CALDWELL CASSADY CURRY P.C. 

2101 Cedar Springs Road, Suite 1000 

Dallas, TX 75201 

Telephone: 214-888-4848 

Fax: 214-888-4849 

Email: bcaldwell@caldwellcc.com 

Email: cstewart@caldwellcc.com 

Email: jcassady@caldwellcc.com 

Email: acurry@caldwellcc.com 

Email: jsummers@caldwellcc.com 

Email: dpearson@caldwellcc.com 

Email: wmccarty@caldwellcc.com 

Email: grace@caldwellcc.com 

Attorneys for Plaintiffs 

David F.E. Tejtel 

FRIEDMAN OSTER & TEJTEL PLLC 

240 East 79th Street, Suite A 

New York, NY 10075 

Telephone: 646-661-5881 

Email: dtejtel@fotpllc.com 

Attorneys for Plaintiffs 

Allan Steyer 

Jill M. Manning 

D. Scott Macrae 

Suneel Jain 

STEYER LOWENTHAL BOODROOKAS 

ALVAREZ & SMITH LLP 

One California Street, Suite 300 

San Francisco, CA 94111 

Telephone: 415-421-3400 

Fax: 415-421-2234 

Email: asteyer@steyerlaw.com 

Email: jmanning@steyerlaw.com 

Email: smacrae@steyerlaw.com 

Email: sjain@steyerlaw.com 

Attorneys for Plaintiffs 

Case 5:17-cv-00551-LHK Document 341-2 Filed 12/16/19 Page 7 of 7