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)
HMcElhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
MJacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
JTaylor@mofo.com
JASON R. BARTLETT (CA SBN 214530)
JasonBartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: 415.268.7000
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.
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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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7.
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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