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

Filing 680

Declaration of Mia Mazza in Support of #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 byApple Inc.. (Related document(s) #679 ) (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.

Case No.

11-cv-01846-LHK (PSG)

DECLARATION OF MIA MAZZA
IN SUPPORT OF 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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MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3099249

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I, Mia Mazza, declare as follows:

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1.

I am a partner in the law firm of Morrison & Foerster LLP, counsel for Apple Inc.

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(“Apple”). I am licensed to practice law in the State of California. Unless otherwise indicated, I

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have personal knowledge of the matters stated herein or understand them to be true from

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members of my litigation team. I make this Declaration in support of Apple’s Motion to Shorten

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Time for Briefing and Hearing on Apple’s Motion to Compel Timely Production of Foreign-

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Language and Other Documents in Advance of Related Depositions (“Motion to Compel”).

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2.

Apple expects to depose more than 40 Samsung witnesses in Korea in the next

month, on nearly a daily basis between February 2 and March 2 (often with multiple depositions

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per day).

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3.

As detailed in Apple’s Motion to Compel, Samsung has gone from producing no

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documents to dumping tens of thousands of pages—mostly in Korean—on the eve of each

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foreign-language deposition. For example, Samsung produced more than 44,000 pages of

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Ah Young Kim’s Korean-language materials within the 40 hours preceding the deposition of that

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witness, including 3,069 pages 40 minutes after the deposition began.

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4.

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

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

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use English-language documents.

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5.

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

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

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

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Apple.

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I declare under penalty of perjury that the foregoing is true and correct. Executed this
27th day of January, 2012 at San Francisco, California.
/s/ Mia Mazza
Mia Mazza

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MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOT. TO COMPEL
Case No. 4:11-cv-01846-LHK
sf-3099249

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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: January 27, 2012

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/s/ Michael A. Jacobs
Michael A. Jacobs

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MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME FOR BRIEFING AND HEARING ON APPLE’S MOT. TO COMPEL
CASE NO. 11-CV-01846-LHK (PSG)
sf-3099249