1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NO. C 07-05152 JW
March 24, 2008
REPLY MEMORANDUM IN SUPPORT OF SMITH
PLAINTIFF’S LEAD COUNSEL MOTION
Page 1 of 7
M. Van Smith (CA Bar No. 32007)
Damian R. Fernandez (CA Bar No. 206662)
LAW OFFICE OF DAMIAN R. FERNANDEZ
14510 Big Basin Way, Suite A, PMB 285
Saratoga, California 95070-6091
Telephone: (408) 355-3021
Facsimile: (408) 904-7391
Email: mvsmith@sbcglobal.net
damianfernandez@gmail.com
Attorneys for Plaintiffs Vincent Scotti,
Dennis V. Macasaddu, Mark G. Morikawa,
Timothy P. Smith, and Michael G. Lee
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA – SAN JOSE DIVISION
In Re Apple & AT&TM Anti-Trust Litigation
NO. C 07-05152 JW
REPLY MEMORANDUM IN SUPPORT
OF THE SMITH PLAINTIFFS
MOTION FOR APPOINTMENT OF
INTERIM LEAD COUNSEL
Date: April 7, 2008
Time: 9:00 AM
Judge: Honorable James Ware
Plaintiffs Vincent Scotti, Dennis V. Macasaddu, Mark G. Morikawa, Timothy P. Smith,
and Michael G. Lee (“Smith Plaintiffs”) submit this reply memorandum of law in support of
their Motions For Appointment Of Interim Lead Counsel.
ARGUMENT.
1.
Because Wolf Haldenstein’s analysis of the antitrust issues in this case is facially
unsustainable based on basic antitrust precedent, they have demonstrated that they
cannot effectively represent the classes as sole-lead counsel.
With all due respect to Wolf Haldenstein and their economists, their analysis of the antitrust
issues in this case is wrong. To impress and persuade this Court that Wolf Haldenstein has the
Holman et al v. Apple, Inc. et al
Doc. 94
Dockets.Justia.com
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
NO. C 07-05152 JW
March 24, 2008
REPLY MEMORANDUM IN SUPPORT OF SMITH
PLAINTIFF’S LEAD COUNSEL MOTION
Page 2 of 7
experience and expertise for the antitrust issues in this case, Wolf Haldenstein, to their detriment
boasts the following:
1.
“Only Wolf Haldenstein has investigated these [antitrust] claims properly by
consulting with an economist to test the