Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 208

STIPULATION and [Proposed] Order Extending Apple's Time to Respond to Samsung's Motion to Exclude Ordinary Observer Opinions of Apple Expert Cooper Woodring by Apple Inc.. (Attachments: # 1 Declaration)(Bartlett, Jason) (Filed on 9/6/2011)

1 2 3 4 5 6 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 7 8 9 10 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 WILLIAM F. LEE (pro hac vice) william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 Attorneys for Plaintiff APPLE INC. 11 UNITED STATES DISTRICT COURT 12 NORTHERN DISTRICT OF CALIFORNIA 13 14 SAN JOSE DIVISION 15 16 17 APPLE INC., a California corporation, Plaintiff, 18 19 20 21 22 23 24 25 v. SAMSUNG ELECTRONICS CO., LTD., a Korean corporation; SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation; and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, Defendants. Case No. 4:11-cv-01846-LHK BARTLETT DECLARATION IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING APPLE’S TIME TO RESPOND TO SAMSUNG’S MOTION TO EXCLUDE ORDINARY OBSERVER OPINIONS OF APPLE EXPERT COOPER WOODRING Date: Time: Place: Judge: October 13, 2011 1:30 p.m. Courtroom 8, 4th Floor Hon. Lucy H. Koh 26 27 28 BARTLETT DECL. ISO JOINT STIPULATION AND [PROPOSED] ORDER RE: SAMSUNG’S MOTION TO EXCLUDE CASE NO. 4:11-CV-01846-LHK sf-3042443 1 1 I, Jason Bartlett, declare as follows: 2 1. I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc. 3 (“Apple”) in its suit against Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. 4 and Samsung Telecommunications America, LLC (collectively, “Samsung”). I have personal 5 knowledge of the facts set forth in this declaration and, if called upon as a witness, I could and 6 would testify to such facts under oath. 7 2. This declaration is submitted in support of the proposed stipulation and order filed 8 jointly by Apple and Samsung requesting an order from this Court extending Apple’s time to 9 respond to Samsung’s Motion to Exclude Ordinary Observer Opinions of Apple Expert Cooper 10 Woodring (“Motion to Exclude”). 11 3. On August 23, 2011, Samsung filed its Motion to Exclude under seal. 12 4. Apple’s opposition to Samsung’s Motion to Exclude is due today, September 6, 13 14 15 16 17 18 2011. 5. The Court has scheduled a hearing on Samsung’s Motion to Exclude at 1:30 p.m. on October 13, 2011. 6. The parties have met and conferred regarding the briefing schedule on Samsung’s Motion to Exclude, and have agreed to extend Apple’s responsive pleading deadline. 7. Pursuant to the parties’ agreement: 19 a. The time for Apple to respond to Samsung’s Motion to Exclude would be 20 extended seven (7) days, up to and including Tuesday, September 13; and 21 b. In accordance with L.R. 7-3(c), Samsung would file its reply in support of 22 23 24 25 26 27 28 its Motion to Exclude by September 20, 2011. 8. Previous time modifications in this case, whether by stipulation or Court order, include the following: a. On April 26, 2011, the Court granted Apple’s motion to shorten time for briefing and hearing on its motion to expedite discovery. (Dkt No. 26.) b. On May 9, 2011, Apple and Samsung stipulated and agreed that the time for Samsung to serve responsive pleadings pursuant to Rule 12(a) shall be BARTLETT DECL. ISO JOINT STIPULATION AND [PROPOSED] ORDER RE: SAMSUNG’S MOTION TO EXCLUDE CASE NO. 4:11-CV-01846-LHK sf-3042443 2 1 75 days after April 21, 2011. On May 10, 2011, the Court signed the 2 Stipulation and Order regarding an extension of time for Samsung to serve 3 responsive pleadings.1 4 c. On June 1, 2011, the Court granted in part Samsung’s request to shorten 5 time for hearing and briefing on Samsung’s Motion to Compel Reciprocal 6 Expedited Discovery.2 7 d. On July 18, 2011 the Court ordered a briefing schedule related to expedited 8 discovery and Apple’s motion for a preliminary injunction, setting dates 9 from July 2011 through the October 13, 2011 hearing on Apple’s Motion for Preliminary Injunction.3 10 11 e. On July 20, 2011, the parties stipulated to altering the briefing schedule on 12 Samsung’s Motion to Disqualify Bridges and Mavrakakis LLP to reflect 13 the Court’s change in hearing dates, extending the time for both Apple’s 14 opposition and Samsung’s reply by seven days to August 1 and August 8, 15 respectively.4 16 f. On August 8, the parties stipulated to extend Samsung’s discovery deadline from August 8 until August 16.5 17 18 g. On September 1, 2011, the Court granted the parties’ stipulation to an 19 expedited briefing schedule for Samsung’s Motion to Compel Apple to 20 Produce Documents and Things in Response to Samsung’s Request for 21 Production No. 1 and Further Responses to Interrogatories Nos. 1, 3, and 6, 22 setting the hearing on Samsung’s motion to compel for September 13, 23 2011, the deadline for Apple’s opposition on September 9, 2011, and the 24 deadline for Samsung’s reply on September 12, 2011.6 25 1 D.N. 40. D.N. 59. 3 D.N. 115. 4 D.N. 119; stipulation granted by D.E. 120 (July 21, 2011). 5 D.N. 146; stipulation granted by D.E. 152 (August 10, 2011). 6 D.N. 199. 2 26 27 28 BARTLETT DECL. ISO JOINT STIPULATION AND [PROPOSED] ORDER RE: SAMSUNG’S MOTION TO EXCLUDE CASE NO. 4:11-CV-01846-LHK sf-3042443 3 1 9. This stipulation does not affect the scheduled hearing date of October 13, 2011. 2 10. No other deadlines or hearing dates are affected by this stipulation and [proposed] 3 4 5 order. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 6, 2011 in San Francisco, California. 6 7 8 /s/ Jason Bartlett JASON BARTLETT . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 BARTLETT DECL. ISO JOINT STIPULATION AND [PROPOSED] ORDER RE: SAMSUNG’S MOTION TO EXCLUDE CASE NO. 4:11-CV-01846-LHK sf-3042443 4