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

Filing 494

Amended Declaration of Diane Hutnyan in Support of #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. (Related document(s) #480 ) (Maroulis, Victoria) (Filed on 12/13/2011) Modified text on 12/14/2011 (dhm, COURT STAFF).

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. Bar No. 196417)
 [e-mail]
865 S. Figueroa St., 10th Floor
 Los Angeles, California 90017
Telephone: [phone]
 Facsimile: [phone]
 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC



UNITED STATES DISTRICT COURT



NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK



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



Plaintiff,
vs.

 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,

Defendants.


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




02198.51855/4504110.6

Case No. 11-cv-01846-LHK
AMENDED DECLARATION OF DIANE C. HUTNYAN ISO ADMINISTRATIVE MOTION

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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”).
5 the state of California.

I am licensed to practice law in

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.
11

3.

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

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

During the parties’ weekly meet and confer

13 call on November 30, 2011, Apple’s counsel advised Samsung that Apple’s lead trial counsel,
14 Harold McElhinny, was available only on December 5, 6, and 7, 2011, to meet and confer on
15 issues Apple had raised.

Apple has communicated that Mr. McElhinny is out of the country until

16 December 13. Samsung’s lead trial counsel, Charles K. Verhoeven, is currently appearing before
17 the ITC and will not be available for an in-person meet and confer until December 19, 2011.
18

4.

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

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

Apple rejected that proposal and instead unilaterally filed its Administrative

21 Motion that requested only one-sided relief.
22

5.

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

23 letter requesting Apple to participate in a lead trial meet and confer telephone call pursuant to the
24 Court’s December 8, 2011 Order [D.N. 472], and detailed the unresolved issues that Samsung
25 required to be addressed.

In an email on December 11, 2011, Apple refused to have a lead trial

26 counsel meet and confer, even via telephone, until after 12:00 p.m. on Tuesday, December 13,
27 2011, when Mr. McElhinny returned from Tokyo to San Francisco.
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02198.51855/4504110.6

Case No. 11-cv-01846-LHK
AMENDED DECLARATION OF DIANE C. HUTNYAN ISO ADMINISTRATIVE MOTION

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6.

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

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

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

6 true and correct.
7

Executed in Los Angeles, California on December 13, 2011.

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

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Case No. 11-cv-01846-LHK
AMENDED DECLARATION OF DIANE C. HUTNYAN ISO ADMINISTRATIVE MOTION

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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.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
AMENDED DECLARATION OF DIANE C. HUTNYAN ISO ADMINISTRATIVE MOTION

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