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

Filing 480

MOTION Temporary Relief Regarding Lead Counsel Meet and Confer Requirement filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Responses due by 12/16/2011. (Attachments: #1 Hutnyan Declaration, *** #2 Exhibit 1 to Hutnyan Declaration FILED IN ERROR. DOCUMENT LOCKED. DOCUMENT TO BE REFILED LATER. *** )(Maroulis, Victoria) (Filed on 12/12/2011) Modified on 12/13/2011 (ewn, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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DECLARATION OF DIANE C.
HUTNYAN IN SUPPORT OF
SAMSUNG’S ADMINISTRATIVE
MOTION FOR TEMPORARY RELIEF
FROM MEET AND CONFER
REQUIREMENT

20

Plaintiff,
vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
24
Defendants.
25

Date: December 16, 2011
Time: 10:00 a.m.
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal

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02198.51855/4504110.5

Case No. 11-cv-01846-LHK
DECLARATION OF DIANE C. HUTNYAN ISO ADMINISTRATIVEMOTION

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I, Diane C. Hutnyan, declare:

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1.

I am a partner with the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
4 Telecommunications America, LLC (collectively, “Samsung”).

I am licensed to practice law in

5 the state of California. I submit this declaration in support of Samsung’s Motion for Temporary
6 Relief from the Meet and Confer Requirement. I have personal knowledge of the facts set forth
7 in this declaration and, if called upon as a witness, I could and would testify to the following facts.
8

2.

In a letter dated November 20, 2011, counsel for Samsung requested dates when

9 Apple would make its lead counsel available for a meet and confer.

Apple did not respond to

10 that request.
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3.

Lead counsels for both parties have acknowledged that their busy schedules make

12 in-person meet and confer on the issues impractical.

Attached hereto as Exhibit 1 is a true and

13 correct copy of an email from Harold J. McElhinny., received November 7, 2011..

During the

14 parties’ weekly meet and confer call on November 30, 2011, Apple’s counsel advised Samsung
15 that Apple’s lead trial counsel, Harold McElhinny, was available only on December 5, 6, and 7,
16 2011, to meet and confer on issues Apple had raised.
17 McElhinny is out of the country until December 13.

Apple has communicated that Mr.
Samsung’s lead trial counsel, Charles K.

18 Verhoeven, is currently appearing before the ITC and will not be available for an in-person meet
19 and confer until December 19, 2011.
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4.

On December 6, 2011, counsel for Samsung sent to counsel for Apple a proposed

21 stipulation that would permit telephonic lead counsel meet and confer to discuss discovery issues
22 for both parties.

Apple rejected that proposal and instead unilaterally filed its Administrative

23 Motion that requested only one-sided relief.
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5.

On December 10, 2011, counsel for Samsung again sent to counsel for Apple a

25 letter requesting Apple to participate in a lead trial meet and confer telephone call pursuant to the
26 Court’s December 8, 2011 Order [D.N. 472], and detailed the unresolved issues that Samsung
27 required to be addressed. In an email on December 11, 2011, Apple refused to have a lead trial
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02198.51855/4504110.5

Case No. 11-cv-01846-LHK
DECLARATION OF DIANE C. HUTNYAN ISO ADMINISTRATIVEMOTION

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1 counsel meet and confer, even via telephone, until after 12:00 p.m. on Tuesday, December 13,
2 2011, when Mr. McElhinny returned from Tokyo to San Francisco.
3

6.

Counsel for Samsung sent an email to counsel for Apple on December 12, 2011

4 requesting that Apple agree to an expedited schedule for briefing and hearing of Samsung’s
5 motion to compel and requesting that Apple stipulate to Samsung’s motion for leave from the lead
6 counsel meet and confer requirement.
7

Apple did not agree to Samsung’s request.

I declare under penalty of perjury under the laws of the United States that the foregoing is

8 true and correct.
9

Executed in Los Angeles, California on December 12, 2011.

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By /s/ Diane C. Hutnyan
Diane C. Hutnyan

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Case No. 11-cv-01846-LHK
DECLARATION OF DIANE C. HUTNYAN ISO ADMINISTRATIVEMOTION

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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing document.

I hereby attest pursuant to General Order 45.X.B. that concurrence in the

4 electronic filing of this document has been obtained from Diane Hutnyan.
5
/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF DIANE C. HUTNYAN ISO ADMINISTRATIVEMOTION

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