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

Filing 243

UNOPPOSED MOTION to Move the Hearing Date for #153 Motion to Dismiss and Motion to Strike , filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Arnold Declaration, #2 Proposed Order)(Maroulis, Victoria) (Filed on 9/19/2011) Modified on 9/20/2011 linking entry to document #153 (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  DECLARATION OF BRETT ARNOLD IN SUPPORT OF SAMSUNG’S UNOPPOSED MOTION TO MOVE THE HEARING DATE FOR ITS MOTION TO DISMISS AND TO STRIKE  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.      02198.51855/4352196.2 Case No. 11-cv-01846-LHK ARNOLD DECLARATION IN SUPPORT OF UNOPPOSED MOTION TO CHANGE HEARING DATE________ 1 I, Brett Arnold, declare: 2 1. I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP, 3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung 4 5 Telecommunications America, LLC (collectively, “Samsung”). Unless otherwise indicated, I have personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I 6 7 could and would testify as follows. 2. 8 The hearing date for Samsung’s Motion to Dismiss and Motion to Strike Apple’s 9 Counterclaims is set for Thursday, September 22, 2011 at 1:30 p.m. 10 3. (Dkt No. 153.) During the week of September 19-23, 2011, the parties will be conducting at least 11 three days of depositions in connection with Apple’s Preliminary Injunction Motion. 12 Those depositions will occur on September 20, 21, and 23, and will be located in Dallas, Texas, and 13 Columbia, Missouri. The parties have been negotiating and scheduling numerous depositions 14 15 over the past several weeks, and have only solidified the dates of all the depositions in the last 16 week. 17 4. Counsel for Samsung not participating in the depositions have scheduling conflicts, 18 including preparation for trial. 19 20 5. Samsung believes that moving the hearing date for Samsung’s Motion to Dismiss from its current date of September 22, 2011 to Thursday, October 20, 2011 will significantly 21 reduce the burden on the parties and their counsel to attend the hearing. Samsung also believes 22 23 this will minimize prejudice to all parties as under the current schedule they will need to prepare 24 for the hearing at the same time as they will be preparing for, conducting, and/or defending 25 multiple depositions around the country according to the schedule listed above in paragraph 3. 26 27 6. Previous time modifications in the case, whether by stipulation or Court order, include the following: 28 02198.51855/4352196.2 Case No. 11-cv-01846-LHK ARNOLD DECLARATION IN SUPPORT OF UNOPPOSED MOTION TO CHANGE HEARING DATE -2- 1 A. 2 3 On April 26, 2011, the Court granted Apple’s motion to shorten time for briefing and hearing on its motion to expedite discovery. B. 4 (Dkt No. 26.) 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 75 5 days after April 21, 2011. 6 On May 10, 2011, the Court signed the 7 Stipulation and Order regarding an extension of time for Samsung to serve 8 responsive pleadings. 9 C. 10 (Dkt No. 40.) On June 1, 2011, the Court granted in part Samsung’s request to shorten time for hearing and briefing on Samsung’s Motion to Compel Reciprocal 11 Expedited Discovery. (Dkt No. 59.) 12 D. On July 18, 2011 the Court ordered a briefing schedule related to expedited 13 discovery and Apple’s motion for a preliminary injunction, setting dates 14 15 from July 2011 through the October 13, 2011 hearing on Apple’s Motion 16 for Preliminary Injunction. 17 E. 18 (Dkt No. 115.) On July 21, 2011, the Court granted the parties’ stipulation to extend the time for briefing Samsung’s Motion to Disqualify Counsel Bridges & 19 Mavrakakis, LLP. 20 F. (Dkt No. 125.) On September 1, 2011 the Court granted Samsung’s stipulated motion to 21 expedite briefing on Samsung’s Motion to Compel Apple to Produce 22 Documents and Things. 23 24 G. (Dkt No. 199) On September 6, 2011 the Court granted Apple’s stipulated motion to 25 extend time for Apple to respond to Samsung’s Motion to Exclude the 26 Ordinary Observer Opinions of Apple Expert Cooper Woodring. 27 (Dkt No. 210.) 28 02198.51855/4352196.2 Case No. 11-cv-01846-LHK ARNOLD DECLARATION IN SUPPORT OF UNOPPOSED MOTION TO CHANGE HEARING DATE -3- 1 7. The present request to move the hearing date for Samsung’s Motion to Dismiss and 2 Motion to Strike will not affect the schedule of the case. 3 4 8. Counsel for Apple represented to counsel for Samsung that they do not oppose Samsung’s motion to move the hearing date. 5 6 7 8 9 I declare under penalty of perjury that the foregoing is true and correct. Executed in Redwood Shores, California on September 19, 2011. /s/ Brett Arnold 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4352196.2 Case No. 11-cv-01846-LHK ARNOLD DECLARATION IN SUPPORT OF UNOPPOSED MOTION TO CHANGE HEARING DATE -4- 1 2 General Order 45 Attestation I, Victoria F. Maroulis, am the ECF user whose ID and password are being used to file this 3 Declaration. In compliance with General Order 45(X)(B), I hereby attest that Brett Arnold has 4 concurred in this filing. 5 /s/ Victoria Maroulis 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 02198.51855/4352196.2 Case No. 11-cv-01846-LHK ARNOLD DECLARATION IN SUPPORT OF UNOPPOSED MOTION TO CHANGE HEARING DATE -5-

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