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

Filing 1086

Declaration of MIA MAZZA in Support of #1085 MOTION to Strike #1040 Opposition filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Related document(s) #1085 ) (Bartlett, Jason) (Filed on 6/12/2012) Modified text on 6/13/2012 (dhm, COURT STAFF).

Exhibit A

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June 8, 2012
By Email ([e-mail])

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Diane C. Hutnyan
Quinn Emanuel
865 S. Figueroa Street, 10th Floor
Los Angeles, CA 90017
Re:

Apple v. Samsung, Case No. 11-cv-1846-LHK (PSG) (N.D. Cal.)

Dear Diane:
We are in receipt of Samsung’s Opposition to Notice of Motion for Clarification of April 12
Order and request that it be withdrawn.
As the title of Samsung’s Opposition reflects, Apple did not file a Motion on May 22; it filed
a Notice setting for hearing its previously filed Motion. As your Opposition acknowledges,
Apple’s May 22 Notice did not add any new briefing, facts or arguments. It merely set the
hearing. Apple did this at the suggestion of the Court’s calendar clerk. (See enclosed email
dated May 22, 2012 (which was not a response to any inquiry from Apple).)
The Motion for Clarification has already been fully briefed. Indeed, you already filed on
April 30, 2012, “Samsung’s Opposition to Apple’s Motion for Clarification of April 12
Order.” Apple had no intention or expectation that by noticing this Administrative Motion
for hearing it would give rise to yet more paper being filed before the Court. Of course if
you withdraw your (second) Opposition Apple will not file a (second) reply.
Please let us know by 9 a.m. Pacific Time on Monday, June 11, 2012, whether Samsung will
do so. If we do not hear from you, we will assume Samsung’s refusal.
Sincerely,
/s/ Mia Mazza
Mia Mazza
Encl.
cc:

S. Calvin Walden, Peter Kolovos

sf-3156901