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

Filing 155

MOTION for Leave to File (Apple Inc.'s Administrative Motion for Leave to File Sur-Reply in Opposition to (Document No. 101) Samsung's Motion to Disqualify Bridges & Mavrakakis LLP) filed by Apple Inc.. (Attachments: #1 Exhibit 1, #2 Declaration)(Benson, Joshua) (Filed on 8/16/2011)

1 HAROLD J. MCELHINNY (SBN 66781)
[e-mail]
2 MICHAEL A. JACOBS (SBN 111664)
[e-mail]
3 RICHARD S.J. HUNG (SBN 197425)
[e-mail]
4 MORRISON & FOERSTER LLP
425 Market Street
5 San Francisco, California 94105-2482
Telephone: [phone]
6 Facsimile: [phone]
7 KENNETH H. BRIDGES (SBN 243541)
[e-mail]
8 MICHAEL T. PIEJA (SBN 250351)
[e-mail]
9 BRIDGES & MAVRAKAKIS LLP
3000 El Camino Real
10 One Palo Alto Square, 2nd Floor
Palo Alto, CA 94306
11 Telephone: [phone]
Facsimile: [phone]
12
13
14
15 Attorneys for Plaintiff
APPLE INC.
16

MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]
WILLIAM F. LEE (pro hac vice anticipated)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
STEPHEN E. TAYLOR (SBN 58452)
[e-mail]
STEPHEN MCG. BUNDY (SBN 253017)
[e-mail]
JOSHUA R. BENSON (SBN 269111)
[e-mail]
TAYLOR & COMPANY LAW OFFICES, LLP
One Ferry Building, Suite 355
San Francisco, California 94111
Telephone: [phone]
Facsimile: [phone]

UNITED STATES DISTRICT COURT
17
NORTHERN DISTRICT OF CALIFORNIA
18
SAN JOSE DIVISION
19
APPLE INC.,

Case No.: C-11-01846 (LHK)

20
Plaintiff,
21
v.
22
SAMSUNG ELECTRONICS CO., LTD., a
23 Korean corporation; SAMSUNG
ELECTRONICS AMERICA, INC., a New
24 York corporation; and SAMSUNG
TELECOMMUNICATIONS AMERICA,
25 LLC, a Delaware limited liability company,
26

DECLARATION OF JOSHUA R.
BENSON IN SUPPORT OF APPLE INC.’S
MOTION FOR LEAVE TO FILE SURREPLY IN OPPOSITION TO
SAMSUNG’S MOTION TO DISQUALIFY
BRIDGES & MAVRAKAKIS LLP
Date:
Time:
Place:

August 24, 2011
2:00 p.m.
Courtroom 4, 5th Floor

Defendants.
Honorable Lucy H. Koh

27
28
TAYLOR & CO.
LAW O FFICES, LLP

DECLARATION OF JOSHUA BENSON ISO APPLE INC.’S MOTION FOR LEAVE TO FILE SUR-REPLY IN
OPPOSITION TO MOTION TO DISQUALIFY BRIDGES & MAVRAKAKIS: CASE NO. C-11-01846 (LHK)

1

I, JOSHUA R. BENSON, declare as follows:

2

1.

I am an attorney with Taylor & Company Law Offices, LLP, and counsel for

3 plaintiff Apple Inc. (“Apple”) in connection with the above-captioned action. I am licensed to
4 practice law in the State of California, and I respectfully submit this Declaration in Support of
5 Apple Inc.’s Administrative Motion for Leave to File Sur-Reply in Opposition to Samsung’s
6 Motion to Disqualify Bridges & Mavrakakis LLP. I have personal knowledge of the facts set forth
7 in this declaration, and if called as a witness I could and would testify competently thereto.
8

2.

Local Civil Rule 7-3(d) provides that once a reply is filed, no additional

9 memoranda, papers or letters may be filed without prior Court approval.
10

3.

On August 16, 2011, I emailed counsel for defendants Samsung Electronics Co.,

11 Ltd., Samsung Electronics America, Inc., and Samsung Telecommunications America, LLC
12 (collectively “Samsung”), to request that Samsung stipulate to allow Apple to file a short sur-reply
13 to Samsung’s Motion to Disqualify Bridges and Mavrakakis, LLP. I stated that Apple’s proposed
14 sur-reply was necessary to address new authority from the Northern District of California, Oliver
15 v. SD-3C, Case No. C-11-01260 (N.D. Cal Aug. 4, 2011), which Samsung cited in its Reply in
16 Support of its Motion to Disqualify, and which Apple has not had an opportunity to address.
17

5.

As set forth in the Stipulation and [Proposed] Order Granting Apple Inc. Leave to

18 File Sur-Reply in Opposition to Samsung’s Motion to Disqualify Bridges & Mavrakakis, LLP,
19 filed on August 16, 2011, the parties have agreed, by and through their counsel and subject to
20 Court approval, that Apple may file a five-page sur-reply to Samsung’s Motion to Disqualify.
21

6:

I declare under penalty of perjury, under the laws of the United States of America,

22 that the foregoing is true and correct. Executed this 16th day of August, 2011, in San Francisco,
23 California.
24
25

Joshua R. Benson
JOSHUA R. BENSON

26
27
28
TAYLOR & CO.
LAW O FFICES, LLP

1.
DECLARATION OF JOSHUA BENSON ISO APPLE INC.’S MOTION FOR LEAVE TO FILE SUR-REPLY IN
OPPOSITION TO MOTION TO DISQUALIFY BRIDGES & MAVRAKAKIS: CASE NO. C-11-01846 (LHK)