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

Filing 1393

MOTION to Shorten Time for Briefing and Hearing re 1392 Motion for De Novo Determination of Dispositive Matter Referred to Magistrate Judge; Declaration of Victoria F. Maroulis filed by Samsung Electronics Co. Ltd.. (Attachments: # 1 Declaration, # 2 Exhibit, # 3 Proposed Order)(Maroulis, Victoria) (Filed on 7/26/2012) Modified on 7/27/2012 linking entry to document #1392 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK (PSG)

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MOTION TO SHORTEN TIME
FOR BRIEFING AND HEARING RE
SAMSUNG’S MOTION FOR DE NOVO
DETERMINATION OF DISPOSITIVE
MATTER REFERRED TO MAGISTRATE
JUDGE;

20

Plaintiff,
vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
25

DECLARATION OF VICTORIA F.
MAROULIS

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Case No. 11-cv-01846-LHK (PSG)
MOTION TO SHORTEN TIME

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NOTICE OF MOTION

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TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

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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 De Novo Determination of
7 Dispositive Matter Referred to Magistrate Judge.

This motion is based on this notice of motion

8 and supporting memorandum; the supporting Declaration of Victoria F. Maroulis, and such other
9 written or oral argument as may be presented at or before the time this motion is taken under
10 submission by the Court.
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RELIEF REQUESTED
Samsung seeks an Order shortening time for briefing and hearing on its Motion for De

13 Novo Determination of Dispositive Matter Referred to Magistrate Judge.
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15 July 26, 2012
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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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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

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02198.51855/4876836.2

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Case No. 11-cv-01846-LHK (PSG)
MOTION TO SHORTEN TIME

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MEMORANDUM

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On July 24, 2012, Magistrate Judge Grewal issued an order granting-in-part Apple’s

3 motion for spoliation adverse inference instruction against Samsung.

In an order that directly

4 conflicts with the ITC decision rejecting the same arguments, Magistrate Judge Grewal applied the
5 wrong standard to conclude that Samsung’s preservation obligation attached in August 2010;
6 failed to apply the same rules to Apple as he did to Samsung; erroneously ignored Samsung’s
7 arguments that Apple was required to establish prejudice and failed to do so; and adopted a
8 proposed instruction that wrongly imposes mandatory findings on the jury.

If the Magistrate

9 Judge’s Order is followed it will constitute reversible error invalidating any victory which Apple
10 might achieve.

With trial beginning in a matter of days this matter requires expedited

11 consideration.

Accordingly, Samsung moves the Court to shorten time for the briefing and

12 hearing schedule for its concurrently-filed Motion for a De Novo Determination of Dispositive
13 Matter Referred to Magistrate Judge (“Motion for De Novo Determination”).

Specifically,

14 Samsung requests that:
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1.

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31;
2.

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Apple’s Opposition to Samsung’s Motion for De Novo be filed on or before July

Samsung’s reply in support of its Motion for De Novo Determination be filed on or
before August 3; and

3.

Samsung’s Motion for De Novo Determination be heard on August 6, 2012, at the
Court’s convenience.

A shortened briefing schedule on Samsung’s Motion for De Novo Determination is

22 necessary because, if adjudicated pursuant to the briefing and hearing schedule prescribed by the
23 Local Rules, Samsung’s Motion for De Novo Determination would not be heard until after the
24 trial, mooting the very relief Samsung is seeking.

The adverse inference that is the subject of

25 Samsung’s motion is central to Samsung’s ability to present its defenses to the jury, and delaying
26 resolution of the motion until after the trial would result in substantial prejudice to Samsung.
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02198.51855/4876836.2

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Case No. 11-cv-01846-LHK (PSG)
MOTION TO SHORTEN TIME

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The relief sought by Samsung’s Motion for De Novo Determination is narrow, and tied

2 directly to the Magistrate Judge’s Order imposing an adverse inference against Samsung.

A

3 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 F.
6 Maroulis in Support of Samsung’s Motion to Shorten Time.

Apple did not agree to Samsung’s

7 proposed schedule, and indicated that it would oppose Samsung’s Motion for De Novo
8 Determination.
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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 De Novo
12 Determination.
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14 DATED: July 26, 2012

Respectfully submitted,

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QUINN EMANUEL URQUHART &
SULLIVAN, LLP

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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

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02198.51855/4876836.2

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Case No. 11-cv-01846-LHK (PSG)
MOTION TO SHORTEN TIME