EXHIBIT B 

Case 5:17-cv-00551-LHK Document 276-3 Filed 10/02/18 Page 1 of 6
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UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

BEFORE THE HONORABLE NATHANAEL COUSINS 

CHRISTINA GRACE AND KEN POTTER, ) 

INDIVIDUALLY AND ON BEHALF OF ALL ) 

OTHERS SIMILARLY SITUATED, ) 

 ) 

 PLAINTIFFS, ) 

 ) 

 VS. ) NO. 17-CV-00551-LHK (NC) 

 ) 

APPLE, INC., ) 

 ) SAN JOSE, CALIFORNIA 

 DEFENDANT. ) WEDNESDAY 

 ) JANUARY 24, 2018 

___________________________________) 

TRANSCRIPT OF PROCEEDINGS OF THE OFFICIAL ELECTRONIC SOUND

RECORDING 10:08 A.M. - 10:12 A.M.,10:56 A.M. - 10:58 A.M. AND 

11:57 A.M. - 12:31 P.M.

APPEARANCES: 

FOR PLAINTIFFS CALDWELL CASSADY CURRY P.C. 

2101 CEDAR SPRINGS ROAD 

SUITE 1000 

DALLAS, TEXAS 75201 

 BY: JOHN AUSTIN CURRY, ESQUIRE

 JASON DODD CASSADY, ESSQUIRE

 WARREN MCCARTY, ESQUIRE

STEYER LOWENTHAL BOODROOKAS ALVAREZ & 

 SMITH LLP 

ONE CALIFORNIA STREET 

THIRD FLOOR 

SAN FRANCISCO, CALIFORNIA 94111 

 BY: JILL MICHELLE MANNING, ESQUIRE

(FURTHER APPEARANCES ON FOLLOWING PAGE) 

TRANSCRIBED BY: JOAN MARIE COLUMBINI, CSR #5435, RPR

 RETIRED OFFICIAL COURT REPORTER, USDC 

Case 5:17-cv-00551-LHK Document 276-3 Filed 10/02/18 Page 2 of 6
APPEARANCES (CONTINUED):

FOR DEFENDANT KIRKLAND & ELLIS, LLP 

555 CALIFORNIA STREET 

SAN FRANCISCO, CALIFORNIA 94104 

 BY: R. ALEXANDER PILMER, ESQUIRE

KRISTIN I. SHEFFIELD-WHITEHEAD, ESQUIRE 

 TANYA L. GREENE, ESQUIRE 

APPLE 

ONE INFINITE LOOP 

STOP 169-2NYJ 

CUPERTINO, CALIFORNIA 95014-2083 

 BY: GABRIEL ZELDIN, ESQUIRE

Case 5:17-cv-00551-LHK Document 276-3 Filed 10/02/18 Page 3 of 6
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JOAN MARIE COLUMBINI, CSR, RPR

RETIRED OFFICIAL COURT REPORTER, USDC

510-367-3043

APPLE CAN DO IT, IT'S GOING TO BE MUCH BETTER FOR YOU ALL THAN

IF I ORDER PRODUCTION IN SOME CERTAIN WAY.

THIS IS RELEVANT INFORMATION. IT'S RELEVANT FOR

CLASS CERTIFICATION. THE NINTH CIRCUIT HAS A DECISION FROM --

JUST THIS WEEK ABOUT MULTI-STATE CLASSES, AND SO THE DISCOVERY

INTO WHERE PEOPLE WERE AND WHEN IS GOING TO BE VERY IMPORTANT

TO YOU. BUT AS TO THE METHOD, I WANT TO GIVE YOU A CHANCE TO

CONFER FURTHER BEFORE I RESOLVE IT FOR YOU.

PARAGRAPH 3 HAS BEEN RESOLVED. 2(A) IS ALSO

RESOLVED.

I'M GOING TO DENY WITHOUT PREJUDICE THE REQUESTS IN

PARAGRAPHS 4 AND 5 FOR TWO REASONS. ONE, I FIND THAT THE

DOCUMENT PRODUCTION, WHICH IS EXPECTED TO BE DONE BY

FEBRUARY 2ND, SHOULD BE THE MORE PROPORTIONAL WAY TO RESPOND TO

THOSE QUESTIONS.

NOW, IT'S WITHOUT PREJUDICE, BECAUSE IF APPLE, IN

FACT, DOES NOT PRODUCE DOCUMENTS THAT ANSWER THESE, THEN,

AGAIN, BY FEBRUARY 6TH, I'LL GIVE PLAINTIFF A CHANCE TO COME

BACK AND SAY, JUDGE, YOU SAID THEY WOULD GET THE STUFF IN

DOCUMENTS, BUT WE DIDN'T ACTUALLY GET IT, YOU CAN COME BACK AND

TELL ME THAT ON FEBRUARY 6TH. 

BUT FOR THIS TYPE OF A QUESTION, PARTICULARLY THE ONE

ABOUT CLASS CERTIFICATION, WELL, I BET YOU COULD ALREADY GUESS

WHAT THEIR ARGUMENTS ARE GOING TO BE ON CLASS CERTIFICATION,

BUT IF YOU CAN'T, YOU'LL SEE THEIR -- YOU'LL SEE THEIR BRIEF

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Case 5:17-cv-00551-LHK Document 276-3 Filed 10/02/18 Page 4 of 6
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JOAN MARIE COLUMBINI, CSR, RPR

RETIRED OFFICIAL COURT REPORTER, USDC

510-367-3043

SOON ENOUGH, AND YOU'LL HAVE A CHANCE THROUGH DEPOSITIONS TO

ASK QUESTIONS THAT WILL BE PROBATIVE OF THEIR POSITION.

THAT BRINGS US TO PARAGRAPH 6. I'M GOING TO GRANT

THIS ONLY IN PART AND DENY IT MOSTLY. THE PART WHICH I AM

GRANTING IS I'M GOING TO REQUIRE APPLE BY FEBRUARY THE 2ND TO

PROVIDE A DECLARATION TO PLAINTIFFS SPECIFYING BY PERSONAL

KNOWLEDGE UNDER PENALTY OF PERJURY THE STEPS THAT APPLE TOOK IN

RESPONDING TO THIS REQUEST. 

THAT'S BASICALLY WHAT MR. PILMER SAID IN COURT, WHICH

IS THAT THERE WAS A SEARCH DONE, AND THEY DID NOT IDENTIFY ANY

RESPONSIVE DOCUMENTS. AND AS LONG AS THERE'S A CHANCE TO

CHALLENGE THAT WITH HAVING IT BE UNDER PENALTY OF PERJURY,

THAT'S A SUFFICIENT RESPONSE TO SAY, WE DON'T HAVE RESPONSIVE

DOCUMENTS, AND TO TELL THE OTHER PARTY.

HERE THEY'VE ASKED FOR THREE DIFFERENT CATEGORIES OF

CHECKING ON THAT AND NOT A PROCESS. I DON'T FIND THERE'S

ENOUGH BASIS TO QUESTION APPLE'S VERACITY, BUT HAVING A

DECLARATION BY FEBRUARY THE 2ND, WOULD BE SUFFICIENT.

AND IN THE BIGGER PICTURE HERE, I FIND THAT THE

DOCUMENTS THAT HAVE BEEN PRODUCED, AND APPLE HAS ASSERTED IT

WILL PRODUCE BY FEBRUARY 2ND, INVOLVE PRICING, ADVERTISING, THE

BUYER SURVEYS IN PARAGRAPH 7, THAT ALL IS -- SHOULD BE

RESPONSIVE TO THIS CATEGORY OF INFORMATION, AND, IN PART,

THAT'S WHY I'M NOT ORDERING MORE, IS BECAUSE APPLE HAS

VOLUNTARY AGREED TO OR HAS PRODUCED OTHER CATEGORIES OF

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Case 5:17-cv-00551-LHK Document 276-3 Filed 10/02/18 Page 5 of 6
JOAN MARIE COLUMBINI, CSR, RPR

RETIRED OFFICIAL COURT REPORTER, USDC

510-367-3043

CERTIFICATE OF TRANSCRIBER

 

 I CERTIFY THAT THE FOREGOING IS A TRUE AND CORRECT 

TRANSCRIPT, TO THE BEST OF MY ABILITY, OF THE ABOVE PAGES OF 

THE OFFICIAL ELECTRONIC SOUND RECORDING PROVIDED TO ME BY THE 

U.S. DISTRICT COURT, NORTHERN DISTRICT OF CALIFORNIA, OF THE 

PROCEEDINGS TAKEN ON THE DATE AND TIME PREVIOUSLY STATED IN THE 

ABOVE MATTER. 

 I FURTHER CERTIFY THAT I AM NEITHER COUNSEL FOR, 

RELATED TO, NOR EMPLOYED BY ANY OF THE PARTIES TO THE ACTION IN 

WHICH THIS HEARING WAS TAKEN; AND, FURTHER, THAT I AM NOT 

FINANCIALLY NOR OTHERWISE INTERESTED IN THE OUTCOME OF THE 

ACTION. 

 

JOAN MARIE COLUMBINI 

JANUARY 25, 2018 

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