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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1 2 3 4 5 6 7 8 9 HAROLD J. MCELHINNY (CA SBN 66781) hmcelhinny@mofo.com MICHAEL A. JACOBS (CA SBN 111664) mjacobs@mofo.com JENNIFER LEE TAYLOR (CA SBN 161368) jtaylor@mofo.com ALISON M. TUCHER (CA SBN 171363) atucher@mofo.com RICHARD S.J. HUNG (CA SBN 197425) rhung@mofo.com JASON R. BARTLETT (CA SBN 214530) jasonbartlett@mofo.com MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: (415) 268-7000 Facsimile: (415) 268-7522 WILLIAM F. LEE william.lee@wilmerhale.com WILMER CUTLER PICKERING HALE AND DORR LLP 60 State Street Boston, MA 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 10 11 Attorneys for Plaintiff and Counterclaim-Defendant APPLE INC. 12 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN JOSE DIVISION 17 APPLE INC., 18 19 20 21 22 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 23 Defendants. 24 25 26 27 28 DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE MOTION FOR RELIEF CASE NO. 11-CV-01846 LHK sf-3082620 1 I, MIA MAZZA, declare as follows: 2 1. I am an attorney with the law firm of Morrison & Foerster LLP, counsel for Apple 3 Inc. (“Apple”). I am licensed to practice law in the State of California. Except as otherwise 4 indicated, I have personal knowledge of the matters stated herein. I make this declaration in 5 support of Apple’s Opposition to Samsung’s Administrative Motion for Relief Regarding Lead 6 Counsel Meet-and-Confer Requirement. 7 2. On Saturday, December 10, 2011, at 3:25 p.m. Pacific time, I received 8 correspondence from counsel for Samsung requesting that Apple’s lead counsel meet and confer 9 with Samsung’s lead counsel at 2 p.m. Pacific time on Sunday, December 11, 2011. Attached 10 hereto as “Exhibit A” is a true and correct copy of that letter. To avoid the need to file under seal, 11 Apple has redacted unrelated portions of the letter that contain Apple-confidential information. 12 3. Attached hereto as “Exhibit B” is a true and correct copy of my e-mail response to 13 Samsung’s December 10, 2011, letter, reminding Samsung’s counsel that Apple’s lead counsel 14 had left for Tokyo the day before and would not be available over the weekend. I stated further 15 that Apple’s lead counsel’s plane would be landing at 9 a.m. Pacific time on Tuesday, 16 December 13, 2011, and that he would make himself available for a meeting anytime after noon. 17 I did not receive any reply to this e-mail. 18 4. On Monday, December 12, 2011, at 11:11 a.m. Pacific time, I received an e-mail 19 from counsel for Samsung entitled, “Apple v. Samsung: Motion on Sherman Issues – Shortened 20 Schedule and Leave from Lead Counsel M&C Requirement.” Attached hereto as “Exhibit C” is a 21 true and correct copy of that e-mail and the resulting discussion thread. Samsung’s email stated, 22 “We intend to file our motion to compel relating to Mr. Sherman’s access to Apple’s confidential 23 documents under the protective order. Please let us know whether Apple agrees to the motion 24 being heard on shortened time.” (See Ex. C.) The e-mail stated further that Samsung would be 25 moving for administrative relief from the Court’s meet-and-confer requirement in connection 26 with the Sherman motion. At no time did Samsung inform Apple that it planned to file a second 27 discovery motion on or about December 12, 2011, in addition to the Sherman motion referenced 28 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 1 1 5. As of the time of this Declaration, Samsung has not identified a single time when 2 its lead counsel would make himself available to meet and confer regarding Samsung’s issues or 3 any other issues, other than 2 p.m. on Sunday, December 11, 2011, and December 19, 2011. 4 5 I declare under penalty of perjury that the foregoing is true and correct. Executed this 13th day of December 2011 at San Francisco, California. 6 7 8 /s/ Mia Mazza Mia Mazza 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF MIA MAZZA ISO APPLE’S OPPOSITION TO SAMSUNG’S ADMINISTRATIVE MOTION FOR RELIEF CASE NO. 11-CV-01846 LHK sf-3082620 1 2 ATTESTATION OF E-FILED SIGNATURE I, Michael A. Jacobs, am the ECF User whose ID and password are being used to file this 3 Declaration. In compliance with General Order 45, X.B., I hereby attest that Mia Mazza has 4 concurred in this filing. 5 Dated: December 13, 2011 /s/ Michael A. Jacobs Michael A. Jacobs 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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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