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

Filing 639

OPPOSITION to ( #598 MOTION for Protective Order Regarding Samsung's First Rule 30(b)(6) Deposition Notice ) filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Affidavit Chan, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Proposed Order)(Maroulis, Victoria) (Filed on 1/17/2012) Modified text on 1/18/2012 (dhm, 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]
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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 MELISSA N. CHAN
IN SUPPORT OF SAMSUNG’S
OPPOSITION TO APPLE’S MOTION
FOR PROTECTIVE ORDER
REGARDING SAMSUNG’S FIRST RULE
30(b)(6) DEPOSITION NOTICE

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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,
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Defendants.
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Date: January 19, 2012
Time: 10:00 am
Place: Courtroom 5, 4th Floor
Judge: Hon. Paul S. Grewal

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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

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I, Melissa N. Chan, declare:

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1.

I am an attorney at Quinn Emanuel Urquhart & Sullivan, LLP, counsel for

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

I am licensed to practice law in

the State of California. I submit this declaration in support of Samsung’s Opposition to Apple’s

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Motion for Protective Order Regarding Samsung’s First Rule 30(b)(6) Deposition Notice.

I have

personal knowledge of the facts set forth in this declaration and, if called upon as a witness, I

9 could and would testify to the following facts.
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2.

Attached hereto as Exhibit A is a true and correct copy of Samsung’s First Rule

11 30(b)(6) Notice to Apple Inc., served on December 14, 2011.
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3.

On December 21, 2011, the parties held a non-lead counsel meet and confer

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session.

During the session, Samsung asked Apple if it would agree to schedule a date or

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produce witnesses to testify on the topics listed in its notice.

Apple responded by saying that

16 because it thought Samsung’s notice was oppressive, overly broad, and burdensome, it would not
17 produce any witnesses unless Samsung withdrew its notice and served another one.

Samsung

18 asked Apple to explain which topics it felt were overly broad, and invited Apple to propose a
19 scope that Apple felt was reasonable.
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Apple refused to explain its position or make any proposal,

other than again insisting that Samsung withdraw its notice in its entirety.

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4.

Attached hereto as Exhibit B is a true and correct copy of a December 27, 2011

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letter from Apple’s counsel to Samsung’s counsel.
5.

Attached hereto as Exhibit C is a true and correct copy of a December 31, 2011

25 letter from Samsung’s counsel to Apple’s counsel.
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6.

Attached hereto as Exhibit D is a true and correct copy of a January 3, 2012 letter

from Samsung’s counsel to Apple’s counsel.

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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

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7.

Apple did not respond in writing to either of Samsung’s letters.

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8.

On January 5, 2012, the parties held a lead counsel meet and confer session, during

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which Samsung’s first 30(b)(6) notice was discussed.

The parties failed to make any progress

because Apple refused to propose anything other than reiterating its demand for Samsung to

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withdraw its entire notice.
I declare under penalty of perjury under the laws of the United States that the foregoing is

8 true and correct.
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Executed in Redwood Shores, California on January 17, 2012.

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/s/ Melissa N. Chan

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Melissa N. Chan
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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN

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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 Melissa N. Chan.
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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECLARATION OF MELISSA N. CHAN