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JOINT APPENDIX Counsel for Respondents Counsel for Petitioner No. 17-204 In the Supreme Court of the United States IN RE APPLE IPHONE ANTITRUST LITIGATION, APPLE INC., Petitioner, v. ROBERT PEPPER, ET AL., Respondents. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOINT APPENDIX Counsel for Respondents Counsel for Petitioner DAVID C. FREDERICK DANIEL M. WALL Counsel of Record Counsel of Record KELLOGG, HANSEN, TODD, CHRISTOPHER YATES FIGEL & FREDERICK, SADIK HUSENY P.L.L.C. AARON T. CHIU 1615 M Street, NW LATHAM & WATKINS LLP Suite 400 505 Montgomery Street Washington, DC 20036 Suite 2000 (202) 326-7900 San Francisco, CA 94111 dfrederick@ (415) 391-0600 kellogghansen.com [email protected] J. SCOTT BALLENGER LATHAM & WATKINS LLP 555 11th Street, NW Suite 1000 Washington, DC 20004 (202) 637-2200 PETITION FOR CERTIORARI FILED AUGUST 2, 2017 CERTIORARI GRANTED JUNE 18, 2018 i TABLE OF CONTENTS Page United States Court of Appeals for the Ninth Circuit Relevant Docket Entries: In re: Apple iPhone Antitrust Litig.; Pepper v. Apple Inc., No. 14-15000 ................................. JA-1 United States District Court for the Northern District of California Relevant Docket Entries: In re: Apple iPhone Antitrust Litig.; Pepper v. Apple Inc., 4:11-cv-06714-YGR ....................................... JA-10 Amended Consolidated Class Action Complaint, In re Apple iPhone Antitrust Litig., No. 11-cv-06714-YGR (N.D. Cal. filed Sept. 28, 2012), ECF No. 81 ................. JA-34 Defendant Apple’s Notice of Motion and Motion to Dismiss Plaintiffs’ Amended Consolidated Class Action Complaint, In re Apple iPhone Antitrust Litig., No. 11- cv-06714-YGR (N.D. Cal. filed Nov. 2, 2012), ECF No. 88 (excerpts)........................ JA-66 Plaintiffs’ Memorandum of Points and Authorities in Opposition to Defendant Apple’s Motion to Dismiss the Amended Consolidated Complaint, In re Apple & AT&TM Antitrust Litig., No. 11-cv- 06714-YGR (N.D. Cal. filed Dec. 7, 2012), ECF No. 99 (excerpts) ................................... JA-71 ii TABLE OF CONTENTS—Continued Page Reply in Support of Defendant Apple’s Motion to Dismiss Plaintiffs’ Amended Consolidated Complaint, In re Apple iPhone Antitrust Litig., No. C 11-cv- 06714-YGR (N.D. Cal. filed Dec. 21, 2012), ECF No. 103 (excerpts) ...................... JA-74 United States District Court for the Northern District of California Transcript of Proceedings held Mar. 5, 2013, In re Apple iPhone Antitrust Litig., No. 11-cv-06714-YGR (N.D. Cal. Apr. 3, 2013), ECF No. 107 (excerpts) ...................... JA-78 Order of the United States District Court for the Northern District of California Granting Apple’s Motion to Dismiss Amended Consolidated Complaint, In re Apple iPhone Antitrust Litig., No. 11-cv- 06714-YGR, 2013 WL 6253147 (N.D. Cal. Aug. 15, 2013), ECF No. 108 ........................ JA-84 Defendant Apple’s Notice of Motion and Motion to Dismiss Plaintiffs’ Second Amended Complaint; Memorandum of Points and Authorities in Support, In re Apple iPhone Antitrust Litig., No. C 11- cv-06714-YGR (N.D. Cal. filed Sept. 30, 2013), ECF No. 115 (excerpts) .................... JA-121 iii TABLE OF CONTENTS—Continued Page Plaintiffs’ Memorandum of Points and Authorities in Opposition to Defendant Apple’s Motion to Dismiss Plaintiffs’ Second Amended Consolidated Complaint, In re Apple iPhone Antitrust Litig., No. C 11-cv-06714-YGR (N.D. Cal. filed Oct. 15, 2013), ECF No. 116 (excerpts) ..................................................... JA-127 Defendant Apple’s Reply in Support of Motion to Dismiss Plaintiffs’ Second Amended Complaint, In re Apple iPhone Antitrust Litig., No. C 11-cv-06714-YGR (N.D. Cal. filed Oct. 22, 2013), ECF No. 118 (excerpts) .............................................. JA-132 United States District Court for the Northern District of California Transcript of Proceedings held Nov. 5, 2013, In re Apple iPhone Antitrust Litig., No. 11-cv-06714-YGR (N.D. Cal. Nov. 25, 2013), ECF No. 123 (excerpts) .................... JA-137 ITEMS PREVIOUSLY REPRODUCED In accordance with Supreme Court Rule 26.1, the following items have been omitted in printing this joint appendix because they appear on the following pages of the appendix to the Petition for a Writ of Certiorari (Aug. 2, 2017) iv TABLE OF CONTENTS—Continued Page Opinion of the United States Court of Appeals for the Ninth Circuit, Pepper v. Apple Inc. (In re Apple iPhone Antitrust Litig.), 846 F.3d 313 (9th Cir. 2017) .................. 1a Order of the United States District Court for the Northern District of California Granting Apple’s Motion to Dismiss Second Amended Complaint with Prejudice, In re Apple iPhone Antitrust Litig., No. 11-cv-06714-YGR, 2013 WL 6253147 (N.D. Cal. Dec. 2, 2013) ..................... 23a Order of the United States Court of Appeals for the Ninth Circuit denying petition for rehearing and rehearing en banc, Pepper v. Apple Inc. (In re Apple iPhone Antitrust Litig.), No. 14-15000 (9th Cir. May 4, 2017) ...................................................... 38a Second Amended Complaint, In re Apple iPhone Antitrust Litig., No. 11-cv-06714- YGR (N.D. Cal. filed Sept. 5, 2013) .................. 40a JA-1 RELEVANT DOCKET ENTRIES U.S. Court of Appeals for the Ninth Circuit Case No. 14-15000 Date # Docket Text Filed 01/02/2014 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: Mediation Questionnaire due on 01/09/2014. Transcript ordered by 01/30/2014. Transcript due 03/03/2014. Appellants Edward W. Hayter, Robert Pepper, Stephen H. Schwartz and Eric Terrell opening brief due 04/10/2014. Appellee Apple, Inc. answering brief due 05/12/2014. Appellant’s optional reply brief is due 14 days after service of the answering brief. [8921930] (RT) [Entered: 01/02/2014 09:24 AM] * * * 05/12/2014 7 Submitted (ECF) Opening Brief and excerpts of record for review. Submitted by Appellants Edward W. Hayter, Robert Pepper, Stephen H. Schwartz and Eric Terrell. Date of service: 05/12/2014. [9092295] (Rickert, Rachele) [Entered: 05/12/2014 JA-2 05:16 PM] 05/13/2014 8 Filed clerk order: The opening brief [7] submitted by Edward W. Hayter, Robert Pepper and Stephen H. Schwartz is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: blue. The paper copies shall be printed from the PDF version of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the excerpts of record [7] submitted by Edward W. Hayter, Robert Pepper and Stephen H. Schwartz. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9093179] (WWP) [Entered: 05/13/2014 11:43 AM] 05/16/2014 9 Filed Appellants Edward W. Hayter, Robert Pepper, Stephen H. Schwartz and Eric Terrell paper copies of excerpts of record JA-3 [7] in 2 volume(s). [9098732] (WWP) [Entered: 05/16/2014 11:21 AM] 05/16/2014 10 Received 7 paper copies of Opening brief [7] filed by Edward W. Hayter, et al. [9099246] (SD) [Entered: 05/16/2014 02:13 PM] * * * 07/11/2014 15 Submitted (ECF) Answering Brief and supplemental excerpts of record for review. Submitted by Appellee Apple, Inc.. Date of service: 07/11/2014. [9166529] (Wall, Daniel) [Entered: 07/11/2014 04:41 PM] 7/11/2014 16 Filed (ECF) Appellee Apple, Inc. Motion to take judicial notice of. Date of service: 07/11/2014. [9166553] (Wall, Daniel) [Entered: 07/11/2014 04:47 PM] 07/14/2014 17 Filed clerk order: The answering brief [15] submitted by Apple, Inc. is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically. Cover color: red. The paper copies shall be printed from the PDF version JA-4 of the brief created from the word processing application, not from PACER or Appellate ECF. The Court has reviewed the supplemental excerpts of record [15] submitted by Apple, Inc.. Within 7 days of this order, filer is ordered to file 4 copies of the excerpts in paper format, with a white cover. The paper copies must be in the format described in 9th Circuit Rule 30-1.6. [9167135] (WWP) [Entered: 07/14/2014 10:38 AM] 07/14/2014 18 Received 7 paper copies of Answering brief [15] filed by Apple, Inc.. [9168197] (SD) [Entered: 07/14/2014 03:44 PM] 07/14/2014 19 Filed Appellee Apple, Inc. paper copies of excerpts of record [15] in 1 volume. [9168688] (WWP) [Entered: 07/15/2014 07:12 AM] * * * 08/25/2014 22 Submitted (ECF) Reply Brief for review. Submitted by Appellants Edward W. Hayter, Robert Pepper, Stephen H. Schwartz and Eric Terrell. Date of service: 08/25/2014. [9218285] (Rickert, Rachele) [Entered: 08/25/2014 04:43 PM] JA-5 08/25/2014 23 Filed (ECF) Appellants Edward W. Hayter, Robert Pepper, Stephen H. Schwartz and Eric Terrell response opposing motion (,motion to take judicial notice). Date of service: 08/25/2014. [9218303] (Rickert, Rachele) [Entered: 08/25/2014 04:47 PM] 08/28/2014 24 Filed clerk order: The reply brief [22] submitted by Edward W. Hayter, Robert Pepper, Stephen H. Schwartz and Eric Terrell is filed. Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief in paper format, accompanied by certification, attached to the end of each copy of the brief, that the brief is identical to the version submitted electronically.
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