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

Filing 443

STIPULATION and [Proposed] Order Extending Briefing Schedule for Samsung's Motion to Dismiss Apple's Amended Counterclaims by Apple Inc.. (Attachments: # 1 Declaration)(Selwyn, Mark) (Filed on 12/1/2011)

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1 2 3 4 5 6 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE (pro hac vice) william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, Massachusetts 02109 Telephone: (617) 526-6000 Facsimile: (617) 526-5000 MARK D. SELWYN (SBN 244180) mark.selwyn@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 950 Page Mill Road Palo Alto, California 94304 Telephone: (650) 858-6000 Facsimile: (650) 858-6100 7 8 9 10 11 Attorneys for Plaintiff and Counterclaim-Defendant Apple Inc. 12 13 UNITED STATES DISTRICT COURT 14 NORTHERN DISTRICT OF CALIFORNIA 15 SAN JOSE DIVISION 16 17 APPLE INC., a California corporation, 18 Plaintiffs, 19 20 21 22 Case No. vs. SELWYN DECLARATION IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO DISMISS APPLE’S AMENDED COUNTERCLAIMS SAMSUNG ELECTRONICS CO., LTD., a Korean business entity, SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation, and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, 23 24 4:11-CV-01846-LHK Defendants. Date: Time: Place: Judge: 25 26 April 5, 2012 1:30 p.m. Courtroom 8, 4th Floor Hon. Lucy H. Koh 27 28 1 SELWYN DECLARATION IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO DISMISS APPLE’S AMENDED COUNTERCLAIMS Case No. 4:11-cv-01846 (LHK) OPPOS FOR 1 2 3 4 SAMSUNG ELECTRONICS CO., LTD., a Korean business entity, SAMSUNG ELECTRONICS AMERICA, INC., a New York corporation, and SAMSUNG TELECOMMUNICATIONS AMERICA, LLC, a Delaware limited liability company, a California corporation, 5 Counterclaim-Plaintiff, 6 7 v. 8 APPLE INC., a California corporation, 9 Counterclaim-Defendants. 10 11 12 I, Mark D. Selwyn, declare as follows: 1. 13 I am a partner in the law firm of Wilmer Cutler Pickering Hale and Dorr 14 LLP, counsel for Apple Inc. (“Apple”) in this action. I have personal knowledge of the facts set 15 forth in this declaration and, if called upon as a witness, I could and would testify to such facts 16 under oath. 17 2. This declaration is submitted in support of the proposed stipulation and 18 19 order filed jointly by Apple and Samsung requesting an order from this Court extending the 20 briefing schedule for Samsung’s Motion to Dismiss Apple’s Amended Counterclaims (“Motion 21 to Dismiss”). 22 3. 4. 23 On November 22, 2011, Samsung filed its Motion to Dismiss. Apple’s opposition to Samsung’s Motions to Dismiss is due on December 5. Samsung’s reply is due on December 13, 2011. 24 6, 2011. 25 26 27 28 2 SELWYN DECLARATION IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO DISMISS APPLE’S AMENDED COUNTERCLAIMS Case No. 4:11-cv-01846 (LHK) OPPOS FOR 6. The Court has scheduled a hearing on Samsung’s Motion to Dismiss at 1:30 1 2 p.m. on April 5, 2012. 3 7. The parties have met and conferred regarding the briefing schedule on 4 Samsung’s Motion to Dismiss, and have agreed to as follows: 5 a. 6 7 would be extended fourteen (14) days, up to and including December 20; and 8 9 The time for Apple to respond to Samsung’s Motion to Dismiss b. Samsung would file its reply in support of its Motion to Dismiss by January 9, 2012. 10 8. Previous time modifications in this case, whether by stipulation or Court 11 12 order, include the following: a. 13 14 time for briefing and hearing on its motion to expedite discovery. (Dkt No. 26.) 15 16 17 On April 26, 2011, the Court granted Apple’s motion to shorten b. 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 days after April 21, 2011. On May 10, 2011, the Court signed the Stipulation and Order regarding an 18 19 extension of time for Samsung to serve responsible pleadings. c. 20 On June 1, 2011, the Court granted in part Samsung’s request to 21 shorten time for hearing and briefing on Samsung’s Motion to Compel Reciprocal Expedited 22 Discovery. 23 d. On July 18, 2011, the Court ordered a briefing schedule related to 24 expedited discovery and Apple’s motion for a preliminary injunctions, setting dates from July 25 26 2011 through the October 13, 2011 hearing on Apple’s Motion for Preliminary Injunction. 27 28 3 SELWYN DECLARATION IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO DISMISS APPLE’S AMENDED COUNTERCLAIMS Case No. 4:11-cv-01846 (LHK) OPPOS FOR e. 1 2 3 On July 20, 2011, the parties stipulated to altering the briefing schedule on Samsung’s Motion to Disqualify Bridges and Mavrakakis LLP to reflect the Court’s change in hearing dates, extending the time for both Apple’s opposition and Samsung’s reply by 4 seven days to August 1 and August 8, respectively. 5 f. 6 7 discovery deadline from August 8 until August 16. 8 9 10 On August 8, 2011, the parties stipulated to extend Samsung’s g. On September 1, 2011, the Court granted the parties’ stipulation to an expedited briefing schedule for Samsung’s Motion to Compel Apple to Produce Documents and Things in Response to Samsung’s Request for Production No. 1 and Further Responses to 11 12 Interrogatories Nos. 1, 3, and 6, setting the hearing on Samsung’s motion to compel for 13 September 13, 2011, the deadline for Apple’s opposition on September 9, 2011, and the deadline 14 for Samsung’s reply on September 12, 2011. 15 16 17 9. This stipulation does not affect the currently scheduled hearing date of 10. No other deadlines or hearing dates are affected by this stipulation and April 5, 2012. 18 19 20 21 [proposed] order. I declare under penalty of perjury that the foregoing is true and correct. Executed on December 1, 2011 in Palo Alto, California. 22 23 /s/ Mark D. Selwyn MARK D. SELWYN 24 25 26 27 28 4 SELWYN DECLARATION IN SUPPORT OF JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING BRIEFING SCHEDULE FOR SAMSUNG’S MOTION TO DISMISS APPLE’S AMENDED COUNTERCLAIMS Case No. 4:11-cv-01846 (LHK) OPPOS FOR

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