Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
285
MOTION to Shorten Time for Briefing and Hearing on #283 Samsung's Motion to Compel, filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Kassabian Declaration, #2 Proposed Order)(Maroulis, Victoria) (Filed on 10/1/2011) Modified on 10/3/2011 linking entry to document #283 (dhm, COURT STAFF).
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
SAMSUNG’S MOTION TO SHORTEN
TIME FOR BRIEFING AND HEARING
ON ITS MOTION TO COMPEL
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.
02198.51855/4376419.1
Case No. 11-cv-01846-LHK
SAMSUNG’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON ITS MOTION TO
COMPEL________
1
Pursuant to Civil L.R. 6-3, Defendants Samsung Electronics Co. Ltd., Samsung Electronics
2 America, Inc., and Samsung Telecommunications America, LLC (collectively, “Samsung”)
3 hereby bring this motion to shorten time for the briefing and hearing schedule on Samsung’s
4 Motion to Compel Apple to Schedule Inventor and Prosecuting Attorney Depositions (the
5 “Motion to Compel”). Specifically, Samsung requests that:
1. Apple’s opposition to the Motion to Compel be filed by 8:00 a.m. on Tuesday,
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October 4, 2011 (Samsung will waive its reply if the hearing is set for October 4,
8
2011 in order to have this matter heard as expeditiously as possible); and
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2. The hearing be set for October 4, 2011, at 10:00 a.m., or as soon thereafter as the
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matter may be heard.
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The shortened briefing and hearing schedule is necessary because if it were set pursuant to
12 the local rules, the hearing on Samsung’s Motion to Compel would not occur until November 8,
13 2011.
However, Samsung’s motion seeks to compel the depositions of numerous witnesses that
14 the Court previously ordered Apple to produce by November 1, 2011. (Dkt No. 187 at 1.)
15 More specifically, pursuant to the Court’s Case Management Order, Apple is required to produce
16 for deposition any and all of the inventors and prosecuting attorneys on Apple’s 15 asserted
17 patents (48 persons in total) by November 1, 2011. (Id.) However, as of today, and despite
18 Samsung’s repeated efforts, Apple has failed to provide even a single confirmed deposition date
19 for 15 of those deponents, including virtually all of its design patent inventors who are current
20 Apple employees and thus completely within Apple’s control.
Indeed, Apple has not even
21 provided a date certain by which it will agree to schedule the depositions. And worse, it appears
22 that Apple intends for tactical reasons to jam the vast majority of these key depositions into a
23 small, eleven-day window that will impede fair and orderly discovery.
Samsung cannot risk the
24 prejudice that it would suffer if it is denied the opportunity to take the depositions, and thus needs
25 Court relief to compel Apple to meet its previously ordered discovery obligations.
Unless the
26 Court grants an expedited briefing schedule, Samsung will have no opportunity to obtain relief
27 from the Court until after the November 1 deadline has passed.
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02198.51855/4376419.1
Furthermore, at Apple’s request,
Case No. 11-cv-01846-LHK
-1SAMSUNG’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON ITS MOTION TO
COMPEL________
1 this Court recently granted expedited briefing on an Apple motion to compel that raised more
2 complex issues on a comparable schedule as is sought here. (Dkt No. 255.)
3
Lead counsel for Samsung and Apple have met and conferred regarding the Motion to
4 Compel and the expedited briefing schedule, but Apple is unwilling to give Samsung the relief it
5 seeks.
(Declaration of Rachel Herrick Kassabian in Support of Samsung’s Motion to Shorten the
6 Time for Hearing and Briefing Its Motion to Compel, ¶ 2.)
7
For the foregoing reasons, Samsung respectfully requests that the Court advance the
8 motion hearing date for Samsung’s Motion to Compel to Tuesday, October 4, 2011 at 10:00 a.m.
9 and amend the briefing schedule as outlined above.
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11 DATED: October 1, 2011
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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
Rachel Herrick Kassabian
Attorneys for SAMSUNG ELECTRONICS CO.,
LTD., SAMSUNG ELECTRONICS AMERICA,
INC., and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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02198.51855/4376419.1
Case No. 11-cv-01846-LHK
-2SAMSUNG’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON ITS MOTION TO
COMPEL________
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