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

Filing 486

Declaration of Mia Mazza In Support of #484 Apples Opposition to Samsungs Administrative Motion for Relief Regarding Lead Counsel Meet and Confer Requirement filed by Apple Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Jacobs, Michael) (Filed on 12/13/2011) Modified on 12/14/2011 linking entry to document #484 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiff and
Counterclaim-Defendant 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.,

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Case No.
Plaintiff,

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.,

11-cv-01846-LHK

DECLARATION OF MIA MAZZA
IN SUPPORT OF APPLE’S
OPPOSITION TO SAMSUNG’S
ADMINISTRATIVE MOTION FOR
RELIEF REGARDING LEAD
COUNSEL MEET AND CONFER
REQUIREMENT

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Defendants.
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DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE MOTION FOR RELIEF
CASE NO. 11-CV-01846 LHK
sf-3082620

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I, MIA MAZZA, declare as follows:

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1.

I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple

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Inc. (“Apple”). I am licensed to practice law in the State of California. Except as otherwise

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indicated, I have personal knowledge of the matters stated herein. I make this declaration in

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support of Apple’s Opposition to Samsung’s Administrative Motion for Relief Regarding Lead

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Counsel Meet-and-Confer Requirement.

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2.

On Saturday, December 10, 2011, at 3:25 p.m. Pacific time, I received

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correspondence from counsel for Samsung requesting that Apple’s lead counsel meet and confer

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with Samsung’s lead counsel at 2 p.m. Pacific time on Sunday, December 11, 2011. Attached

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hereto as “Exhibit A” is a true and correct copy of that letter. To avoid the need to file under seal,

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Apple has redacted unrelated portions of the letter that contain Apple-confidential information.

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3.

Attached hereto as “Exhibit B” is a true and correct copy of my e-mail response to

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Samsung’s December 10, 2011, letter, reminding Samsung’s counsel that Apple’s lead counsel

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had left for Tokyo the day before and would not be available over the weekend. I stated further

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that Apple’s lead counsel’s plane would be landing at 9 a.m. Pacific time on Tuesday,

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December 13, 2011, and that he would make himself available for a meeting anytime after noon.

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I did not receive any reply to this e-mail.

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4.

On Monday, December 12, 2011, at 11:11 a.m. Pacific time, I received an e-mail

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from counsel for Samsung entitled, “Apple v. Samsung: Motion on Sherman Issues – Shortened

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Schedule and Leave from Lead Counsel M&C Requirement.” Attached hereto as “Exhibit C” is a

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true and correct copy of that e-mail and the resulting discussion thread. Samsung’s email stated,

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“We intend to file our motion to compel relating to Mr. Sherman’s access to Apple’s confidential

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documents under the protective order. Please let us know whether Apple agrees to the motion

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being heard on shortened time.” (See Ex. C.) The e-mail stated further that Samsung would be

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moving for administrative relief from the Court’s meet-and-confer requirement in connection

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with the Sherman motion. At no time did Samsung inform Apple that it planned to file a second

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discovery motion on or about December 12, 2011, in addition to the Sherman motion referenced

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in Samsung’s 11:11 a.m. e-mail.
DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE MOTION FOR RELIEF
CASE NO. 11-CV-01846 LHK
sf-3082620

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5.

As of the time of this Declaration, Samsung has not identified a single time when

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its lead counsel would make himself available to meet and confer regarding Samsung’s issues or

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any other issues, other than 2 p.m. on Sunday, December 11, 2011, and December 19, 2011.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this
13th day of December 2011 at San Francisco, California.

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/s/ Mia Mazza
Mia Mazza

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DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE MOTION FOR RELIEF
CASE NO. 11-CV-01846 LHK
sf-3082620

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ATTESTATION OF E-FILED SIGNATURE
I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this

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Declaration. In compliance with General Order 45, X.B., I hereby attest that Mia Mazza has

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concurred in this filing.

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Dated: December 13, 2011

/s/ Michael A. Jacobs
Michael A. Jacobs

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DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE MOTION FOR RELIEF
CASE NO. 11-CV-01846 LHK
sf-3082620