Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
463
ADMINISTRATIVE MOTION for Temporary Relief Regarding Lead Counsel Meet and Confer Requirement filed by Apple Inc.. Responses due by 12/12/2011. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Jacobs, Michael) (Filed on 12/8/2011) Modified text on 12/9/2011 (dhm, COURT STAFF).
Exhibit B
From:
Sent:
To:
Cc:
Subject:
Mazza, Mia
Friday, December 02, 2011 11:14 AM
'rachelkassabian@quinnemanuel.com'
Samsung v. Apple; AppleMoFo; 'Maselli, Samuel'; Walden, S. Calvin; Kolovos, Peter
Apple v. Samsung: Discovery Correspondence - Lead Trial Counsel meeting and Motions to
Compel
Attachments:
2011-12-02 Ltr Mazza to Kassabian re LTCM&C.pdf
Hi Rachel,
Attached please find discovery correspondence regarding the lead trial counsel meeting and motions to compel.
2011-12-02 Ltr
Mazza to Kassab...
Mia Mazza
Morrison & Foerster LLP
San Francisco
(415) 268-6024 office
(415) 302-6583 mobile
(415) 268-7522 fax
1
425 MARKET STREET
SAN FRANCISCO
CALIFORNIA 94105-2482
TELEPHONE: 415.268.7000
FACSIMILE: 415.268.7522
MO RRI SO N & F O E RST E R L LP
N E W YO RK , SAN F RAN C I SCO ,
L O S A N G E L E S, P A L O A L T O ,
SAC RAME N T O , SAN D I E G O ,
D E N VE R, N O RT H E RN VI RG I N I A,
WASH I N G T O N , D .C.
T O K YO , L O N D O N , BR U SSE L S,
BE I JI N G , SH AN G H AI , H O N G K O N G
WWW.MOFO.COM
December 2, 2011
Writer’s Direct Contact
415.268.6024
MMazza@mofo.com
Via E-Mail (rachelkassabian@quinnemanuel.com)
Rachel Herrick Kassabian
Quinn Emanuel
555 Twin Dolphin Dr., 5th Floor
Redwood Shores, California 94065
Re:
Apple v. Samsung, Case No. 11-cv-1846-LHK (PSG) (N.D. Cal.)
Dear Rachel:
As we discussed during Wednesday’s meet-and-confer call, Harold McElhinny is available at
any time on December 6 for a lead trial counsel meeting to discuss outstanding discovery
issues for which the parties otherwise are prepared to move to compel. Mr. McElhinny is
also available at any time on December 5, or at any time on December 7 except between
noon and 3pm. You stated during the call that you would get back to us on scheduling this
meeting, but thus far we have heard nothing from you, despite our making two additional
email inquiries since Wednesday’s meeting.
We understand that Samsung wishes to discuss at least the Sherman protective order issue
and prior deposition transcripts. Apple wishes to discuss at least the establishment of a scope
of production that Samsung will substantially complete by December 15, 2011. The
currently proposed scope of production includes (1) the items of source code and other
technical documents identified in Wes Overson’s November 9 and 28 letters, (2) the results
of Samsung’s expanded search for survey-related documents, and (3) the results of
Samsung’s expanded search for emails and other documents mentioning “Apple,” the Apple
products at issue in this case, or aliases therefor. Apple is willing to consider a proposed
scope of substantially complete production by December 15 on its part as well.
Apple’s current proposal is that it will consider Samsung’s scope of production substantially
complete by December 15 if Samsung has made a good-faith, expedited effort to locate and
produce the documents on or before that date. In addition, to the extent by that date
Samsung has been unable to locate certain documents, or has located documents but has been
unable to produce them yet, by December 15 Samsung will provide a written disclosure
identifying what steps have been taken to complete the search for and production of
sf-3076410
Rachel Herrick Kassabian
December 2, 2011
Page Two
documents, what additional steps need to be taken to complete the search for documents or
production of documents that have been located, and an estimated date certain by when the
documents that have been located will be produced.
Apple does not expect that either party will be in a position to certify completion of any or all
portions of its document production until a later point in the discovery process.
In the event that motion practice is required, we will seek the following schedule:
Motions to compel: Thursday, December 8
Opposition briefs: Monday, December 12
Reply briefs: Wednesday, December 14
Hearing: Friday, December 16
Please let us know as soon as possible which day and what time Mr. Verhoeven can meet.
As we discussed, Judge Grewal will not be hearing matters during the week of December 19.
You represented that all attorneys from Quinn Emanuel will be unavailable during the week
thereafter. Therefore, it is important that court intervention, if necessary, take place before
the Winter holiday.
Sincerely,
/s/ Mia Mazza
Mia Mazza
cc:
Samuel Maselli
S. Calvin Walden
Peter Kolovos
sf-3076410
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