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

Filing 253

MOTION to Expedite Briefing and Hearing on Apple's Motion to Compel filed by Apple Inc.. (Attachments: #1 Declaration, #2 Proposed Order)(Bartlett, Jason) (Filed on 9/23/2011)

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: 415.268.7522
Attorneys for Plaintiff
APPLE INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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APPLE INC., a California corporation,
Plaintiff,

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v.
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.

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DECLARATION OF WESLEY E. OVERSON
CASE NO. 11-CV-01846-LHK
la-1141655

Case No.

11-cv-01846-LHK

DECLARATION OF WESLEY E.
OVERSON IN SUPPORT OF
APPLE’S MOTION TO
SHORTEN TIME FOR BRIEFING
AND HEARING ON
PLAINTIFF’S MOTION TO
COMPEL
Date: September 23, 2011
Time: 3:00 p.m.
Courtroom: 5, 4th Floor
Honorable Paul S. Grewal

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I, Wesley E. Overson, declare as follows:

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1.

I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California. Unless otherwise indicated, I

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have personal knowledge of the matters stated herein and, if called as a witness, could and would

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testify competently thereto. I make this declaration in support of Apple’s Motion to Shorten

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Time For Briefing and Hearing on Plaintiff’s Motion to Compel.

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2.

On Friday, September 16, 2011, I met in person with Mr. Jason Bartlett, Mr. Kevin

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Johnson, and Ms. Melissa Chan to discuss discovery-related issues in the above-captioned matter.

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Mr. Bartlett and I served as counsel for Apple at that meeting, while Mr. Johnson and Ms. Chan

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appeared on behalf of Samsung. At that meeting, Ms. Chan represented that Samsung would be

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providing document productions both on the evening of September 16th and at some time on

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Saturday, September 17th. Samsung in fact later served supplemental document productions on

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each of these days.

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3.

Almost immediately after the processing of each document production, a team of

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attorneys on behalf of Apple began an expedited review of those materials. The team completed

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its review of these documents on Tuesday, September 20, 2011.

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4.

On Tuesday evening, Apple filed its Motion to Compel concerning Samsung’s

document production, which is the subject of this Motion to Shorten Time.
5.

At 11:14 a.m. on Wednesday, September 21, 2011, I sent an email to Mr. Johnson

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and Ms. Chan, Samsung’s counsel, to notify them that it was important for Apple to set a hearing

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date for the Motion to Compel prior to September 30, 2011—the due date for Apple’s Reply in

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Support of its Motion for Preliminary Injunction. I further informed Samsung’s counsel that I

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had been informed by the calendar clerk for the Court that a hearing on September 28 was a

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possibility. I asked if Samsung would stipulate to the following schedule: Samsung could file its

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opposition to Apple’s Motion to Compel on Friday, September 23, Apple would reply on

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Monday, September 26th, and the hearing would take place the morning of Wednesday,

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September 28.

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DECLARATION OF WESLEY E. OVERSON
CASE NO. 11-CV-01846-LHK
la-1141655

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6.

At 4:42 p.m. on Wednesday, September 21, 2011, Ms. Chan responded that

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Samsung was willing to agree to Apple’s request for an expedited schedule on Apple’s Motion to

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Compel, but that Samsung would require at least six business days to prepare its opposition.

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I responded to Ms. Chan’s email that day at 6:10 p.m, informing her that providing

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Samsung with six business days to respond would result in a hearing date after September 30,

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2011—the due date for Apple’s Reply in Support of its Motion for Preliminary Injunction. I then

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proposed the following schedule: Samsung could file its opposition to Apple’s Motion to Compel

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by Noon on Monday, September 26; Apple would file its reply the next day; and we could then

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request that the hearing could be set for September 28.

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8.

Ms. Chan responded to this email proposal on Thursday, September 22, 2011, at

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11:23 a.m. Ms. Chan stated that Samsung needed 8 business days to file its Opposition. This

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would make Samsung’s filing date September 30, 2011, the same day as Apple’s Reply in

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Support of its Motion for Preliminary Injunction.

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9.

Thereafter, I asked opposing counsel to place a joint call to the Court to see if the

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schedule could be decided telephonically. They declined. Opposing counsel offered to take less

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than 4 days to respond to Apple’s Motion to Shorten Time, which they stated could possibly place

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the hearing on the Motion to Compel on October 4, 2011.

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10.

At 8:51 p.m. on Thursday, September 22, Ms. Rachel Herrick Kassabian, counsel

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for Samsung, stated that Samsung could respond to Apple’s Motion to Shorten Time within two

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days.

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Executed on September 22, 2011 in Los Angeles, California.

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By: /s/ Wesley E. Overson_____________
Wesley E. Overson

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DECLARATION OF WESLEY E. OVERSON
CASE NO. 11-CV-01846-LHK
la-1141655

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ECF ATTESTATION
I, JASON R. BARTLETT, am the ECF User whose ID and password are being used to

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file the following document: OVERSON DECLARATION IN SUPPORT OF PLAINTIFF’S

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MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON PLAINTIFF’S

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MOTION to COMPEL. In compliance with General Order 45, X.B., I hereby attest that Wesley

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Overson has concurred in this filing.

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Dated: September 22, 2011

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JASON R. BARTLETT
MORRISON & FOERSTER LLP
By: /s/ Jason R. Bartlett
JASON R. BARTLETT

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DECLARATION OF WESLEY E. OVERSON
CASE NO. 11-CV-01846-LHK
la-1141655

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