`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
`
`Plaintiff,
`
`
`
`
`
`
`
`vs.
`
`APPLE INC.,
`
`
`
`Defendant.
`
`
`
`
`
` Civil Action No. 5:19-cv-00036-RWS
`
`JURY TRIAL DEMANDED
`
`
`
`DECLARATION OF LUANN SIMMONS IN SUPPORT OF
`DEFENDANT APPLE INC.’S SUR-REPLY TO MOTION FOR SANCTIONS
`
`I, Luann L. Simmons, hereby declare as follows:
`
`1.
`
`I am an attorney at the law firm of O’Melveny & Myers LLP, counsel for Apple,
`
`Inc. (“Apple”) in this matter filed by Maxell, Ltd. (“Maxell”). I have personal knowledge of the
`
`facts stated herein and if called to testify could and would competently testify thereto.
`
`2.
`
`Attached as Exhibit 14 are true and correct copies of excerpts to the deposition
`
`transcript of Adam Machalek, taken on March 6, 2020.
`
`3.
`
`Attached as Exhibit 15 are true and correct copies of excerpts to the transcript to
`
`the Meet and Confer Teleconference, dated January 23, 2020.
`
`4.
`
`Attached as Exhibit 16 is a true and correct copy of correspondence to Jamie
`
`Beaber from Tony Beasley, dated October 16, 2019.
`
`5.
`
`Attached as Exhibit 17 is a true and correct copy of correspondence to Jamie
`
`Beaber from Marc Pensabene, dated March 31, 2020.
`
`6.
`
`Attached as Exhibit 18 are true and correct copies of excerpts to the transcript to
`
`the Meet and Confer Teleconference, dated March 3, 2020.
`
`
`
`
`
`
`
`Case 5:19-cv-00036-RWS Document 263-1 Filed 04/02/20 Page 2 of 2 PageID #: 9794
`
`
`I declare under the penalty of perjury that the foregoing is true and correct. Executed in
`
`San Francisco, California, on this 31st day of March, 2020.
`
`
`
`
`
`
`/s/ Luann L. Simmons
`Luann L. Simmons
`
`
`
`
`
`
`
`
`
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