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

Filing 679

MOTION to Shorten Time Apple's Motion to Shorten Time for Briefing and Hearing on Apple's Motion to Compel Timely Production of Foreign-Language and Other Documents in Advance of Related Depositions filed by Apple Inc.. (Jacobs, Michael) (Filed on 1/27/2012)

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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]

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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]

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., a California corporation,
Plaintiff,

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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.,
Defendants.

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Case No.

11-cv-01846-LHK (PSG)

APPLE’S MOTION TO SHORTEN
TIME FOR BRIEFING AND
HEARING ON APPLE’S MOTION
TO COMPEL TIMELY
PRODUCTION OF FOREIGNLANGUAGE AND OTHER
DOCUMENTS IN ADVANCE OF
RELATED DEPOSITIONS
Date:
Time:
Place:
Judge:

February 1, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal

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APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL TIMELY PRODUCTION
CASE NO. 11-CV-01846-LHK (PSG)

sf-3098994

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NOTICE OF MOTION AND MOTION
TO:

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DEFENDANTS AND THEIR ATTORNEY OF RECORD:
PLEASE TAKE NOTICE that Plaintiff Apple Inc. (“Apple”) hereby moves the Court,

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pursuant to Civil Local Rules 6-1(b) and 6-3, to shorten time for briefing and hearing on its

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accompanying Motion to Compel Timely Production of Foreign-Language and Other Documents

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in Advance of Related Depositions (“Motion”). Specifically, Apple requests that:

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Samsung’s opposition to the Motion be filed by January 31, 2012 at 12:00 p.m.;

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The hearing take place on or about February 1, 2012 at 10:00 a.m.

and

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This motion is based on this notice of motion and supporting memorandum of points and

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authorities, the supporting Declaration of Mia Mazza, and such other written or oral argument as

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may be presented at or before the time this motion is taken under submission by the Court.

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Dated: January 27, 2012

MORRISON & FOERSTER LLP

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By:

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/s/ Michael A. Jacobs
MICHAEL A. JACOBS
Attorneys for Plaintiff
APPLE INC.

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APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL TIMELY PRODUCTION
CASE NO. 11-CV-01846-LHK (PSG)

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MEMORANDUM OF POINTS AND AUTHORITIES

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In accordance with Civil Local Rules 6-1(b) and 6-3, Apple moves the Court to shorten

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time for the briefing and hearing schedule for its Motion to Compel Timely Production of

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Foreign-Language and Other Documents in Advance of Related Depositions (“Motion to

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Compel”). Specifically, Apple requests that:

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1)

2012 at 12:00 p.m.;

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Samsung’s opposition to the Motion to Compel be filed no later than January 31,

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The hearing take place on or about February 1, 2012 at 10:00 a.m.

If this Motion to Shorten Time is granted, Apple agrees to waive its right to submit a reply
memorandum in support of its Motion to Compel.

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The shortened briefing and hearing schedule is necessary because Apple expects to depose

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more than 40 Samsung witnesses in Korea in the next month, on nearly a daily basis between

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February 2 and March 2 (often with multiple depositions per day). (Declaration of Mia Mazza in

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Support of Apple’s Motion to Shorten Time (“Mazza Decl.”) ¶ 2.) As detailed in Apple’s Motion

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to Compel, Samsung has gone from producing no documents to dumping tens of thousands of

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pages—mostly in Korean—on the eve of each deposition. For example, Samsung produced more

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than 44,000 pages of Ah Young Kim’s Korean-language materials less than two days before the

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deposition of that witness, including 3,069 pages 40 minutes after the deposition began. (Id. at

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¶ 3.)

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Due to the requirement of translation it takes roughly twice as long to review Korean-

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language documents and use them in preparation for deposition as it takes to review and use

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English-language documents. (Id. at ¶ 4; see also Decl. of Mia Mazza In Support of Apple’s

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Motion to Compel Timely Production of Foreign-Language and Other Documents in Advance of

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Related Depositions.) Apple has no expectation that Samsung’s abusive and prejudicial practice

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will stop absent a Court order.

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Apple’s Motion to Compel seeks timely production of each witness’s relevant documents

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in advance of the witness’s deposition, to allow Apple an adequate opportunity to prepare for and

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use all relevant documents. Without an expedited briefing and hearing schedule, it is likely that
APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL TIMELY PRODUCTION
CASE NO. 11-CV-01846-LHK (PSG)

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the Motion to Compel will not be heard and ruled on until all or nearly all of the remaining

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Samsung witness depositions have been completed. That would effectively moot Apple’s Motion

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to Compel.

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Apple has filed the Motion to Compel at its earliest opportunity after satisfying the lead

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trial counsel meet and confer requirement. Samsung has not proposed an alternative expedited

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schedule, and did not accept Apple’s request to stipulate to the schedule proposed by Apple.

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(Mazza Decl. ¶ 5.)

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CONCLUSION

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For the foregoing reasons, Apple respectfully requests that the Court grant Apple’s

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Motion to Shorten Time for Briefing and Hearing on Apple’s Motion to Compel Timely

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Production of Foreign-Language and Other Documents in Advance of Related Depositions.

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Dated: January 27, 2012

MORRISON & FOERSTER LLP

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By:

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/s/ Michael A. Jacobs
MICHAEL A. JACOBS
Attorneys for Plaintiff
APPLE INC.

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APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOTION TO COMPEL TIMELY PRODUCTION
CASE NO. 11-CV-01846-LHK (PSG)

sf-3098994

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