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

Filing 1389

MOTION to Shorten Time for Briefing and Hearing re Samsung's Motion for Spoliation Adverse Inference Instruction Against Apple; Declaration of Victoria Maroulis filed by Samsung Electronics Co. Ltd.(a Korean corporation). (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Proposed Order)(Maroulis, Victoria) (Filed on 7/26/2012) Modified text on 7/27/2012 (dhm, COURT STAFF).

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1 QUINN EMANUEL URQUHART & SULLIVAN, LLP Charles K. Verhoeven (Cal. Bar No. 170151)  charlesverhoeven@quinnemanuel.com 50 California Street, 22nd Floor  San Francisco, California 94111 Telephone: (415) 875-6600  Facsimile: (415) 875-6700  Kevin P.B. Johnson (Cal. Bar No. 177129) kevinjohnson@quinnemanuel.com  Victoria F. Maroulis (Cal. Bar No. 202603) victoriamaroulis@quinnemanuel.com  555 Twin Dolphin Drive 5th Floor Redwood Shores, California 94065  Telephone: (650) 801-5000 Facsimile: (650) 801-5100  Michael T. Zeller (Cal. Bar No. 196417)  michaelzeller@quinnemanuel.com 865 S. Figueroa St., 10th Floor  Los Angeles, California 90017 Telephone: (213) 443-3000  Facsimile: (213) 443-3100  Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS  AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC   UNITED STATES DISTRICT COURT  NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION  APPLE INC., a California corporation, CASE NO. 11-cv-01846-LHK (PSG)  MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING RE SAMSUNG’S MOTION FOR SPOLIATION ADVERSE INFERENCE INSTRUCTION AGAINST APPLE;  Plaintiff, vs.  SAMSUNG ELECTRONICS CO., LTD., a Korean business entity; SAMSUNG  ELECTRONICS AMERICA, INC., a New York corporation; SAMSUNG  TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company,  Defendants.  DECLARATION OF VICTORIA MAROULIS; PROPOSED ORDER    Case No. 11-cv-01846-LHK (PSG) MOTION TO SHORTEN TIME 1 NOTICE OF MOTION 2 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that Defendants Samsung Electronics Co., Ltd., Samsung 4 Electronics America, Inc., and Samsung Telecommunications America, LLC (collectively 5 “Samsung”) shall and hereby do move the Court, pursuant to Civil Local Rules 6-1(b) and 6-3, to 6 shorten time for briefing and hearing on Samsung’s Motion For Spoliation Adverse Inference 7 Instruction Against Apple. This motion is based on this notice of motion and supporting 8 memorandum; the supporting Declaration of Victoria F. Maroulis, and such other written or oral 9 argument as may be presented at or before the time this motion is taken under submission by the 10 Court. 11 RELIEF REQUESTED 12 Samsung seeks an Order shortening time for briefing and hearing on its Motion for 13 Spoliation Adverse Inference Instruction Against Apple. 14 15 DATED: July 26, 2012 16 QUINN EMANUEL URQUHART & SULLIVAN, LLP 17 18 19 20 21 22 23 By /s/ Victoria F. Maroulis Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 24 25 26 27 28 02198.51855/4876661.2 -1- Case No. 11-cv-01846-LHK (PSG) MOTION TO SHORTEN TIME 1 MEMORANDUM 2 On July 24, 2012, Magistrate Judge Grewel issued an order granting-in-part Apple’s 3 motion for a spoliation adverse inference instruction against Samsung. Contrary to the ITC’s 4 prior ruling on this issue that the duty to preserve was not triggered until Apple filed its complaint 5 in April 2011, Judge Grewal ruled that Samsung was obligated to preserve documents for this 6 litigation beginning on August 23, 2010. Based on this newly-announced date triggering 7 preservation obligations and Apple’s own admitted failure to issue litigation hold notices prior to 8 filing its complaint in April 2011, Judge Grewal noted that Samsung was entitled to pursue 9 spoliation remedies against Samsung “at the appropriate time.” Order at 16, n.82. If Magistrate 10 Judge Grewal’s order on Apple’s motion for adverse inference instructions is upheld, and with 11 trial beginning in a matter of days, that time is now. Accordingly, Samsung moves the Court to 12 shorten time for the briefing and hearing schedule for its concurrently-filed Motion for a 13 Spoliation Adverse Inference Instruction Against Apple (“Motion for Adverse Inference”). 14 Specifically, Samsung requests that: 15 1. 16 17 before July 31; 2. 18 19 20 21 Apple’s Opposition to Samsung’s Motion for Adverse Inference be filed on or Samsung’s reply in support of its Motion for Adverse Inference be filed on or before August 3; and 3. Samsung’s Motion For Adverse Inference be heard on August 6, 2012, or at the Court’s convenience. A shortened briefing schedule on Samsung's Motion for Adverse Inference is necessary 22 because, if adjudicated pursuant to the briefing and hearing schedule prescribed by the Local 23 Rules, Samsung’s Motion for Adverse Inference would not be heard until after trial, mooting the 24 very relief Samsung is seeking. The adverse inference that Samsung seeks is central to the jury’s 25 understanding of Apple’s conduct, and delaying resolution of the motion until the end of trial 26 would result in substantial prejudice to Samsung. 27 28 02198.51855/4876661.2 -2- Case No. 11-cv-01846-LHK (PSG) MOTION TO SHORTEN TIME 1 The relief sought by Samsung’s Motion for Adverse Inference is narrow, and tied directly 2 to the Court’s ruling as to the adverse inference, if any, that may be granted as against Samsung. 3 A shortened briefing and hearing schedule will therefore not result in any prejudice to Apple. 4 Counsel for Samsung contacted counsel for Apple in an effort to reach agreement with 5 respect to the briefing and hearing schedule outlined above. See Declaration of Victoria 6 Maroulis in Support of Samsung's Motion to Shorten Time, filed concurrently. Apple did not 7 agree to Samsung's proposed schedule, and indicated that it would oppose Samsung’s Motion for 8 Adverse Inference. See id., Ex. 1. 9 10 CONCLUSION For the foregoing reasons, Samsung respectfully requests that the Court grant Samsung’s 11 Motion to Shorten Time for Briefing and Hearing on Samsung’s Motion for Adverse Inference. 12 13 DATED: July 26, 2012 Respectfully submitted, 14 QUINN EMANUEL URQUHART & SULLIVAN, LLP 15 16 17 18 19 20 21 22 By /s/ Victoria F. Maroulis Charles K. Verhoeven Kevin P.B. Johnson Victoria F. Maroulis Michael T. Zeller Attorneys for SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC. and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC 23 24 25 26 27 28 02198.51855/4876661.2 -3- Case No. 11-cv-01846-LHK (PSG) MOTION TO SHORTEN TIME

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