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

Filing 685

RESPONSE (re #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 bySamsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). (Attachments: #1 Declaration Declaration of Joby Martin, #2 Exhibit Exhibit 1 to the Declaration of Joby Martin, #3 Exhibit Exhibit 2 to the Declaration of Joby Martin, #4 Proposed Order Proposed Order Denying Apple's Motion to Shorten)(Maroulis, Victoria) (Filed on 1/29/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Bar No. 177129
[e-mail]
 Victoria F. Maroulis (Bar No. 202603)
[e-mail]
th
 555 Twin Dolphin Drive, 5 Floor
Redwood Shores, California 94065-2139
[phone]
 Telephone:
Facsimile:
[phone]



Michael T. Zeller (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 (PSG)



DECLARATION OF JOBY MARTIN IN
SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION TO SHORTEN
TIME FOR BRIEFING AND HEARING
ON ITS MOTION TO COMPEL



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,

Defendant.


Date:
Time:
Place:
Judge:

February 1, 2011
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal




02198.51855/4575178.1

Case No. 11-cv-01846-LHK (PSG)
DECLARATION OF JOBY MARTIN IN SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION TO SHORTEN TIME

1

I, Joby Martin, declare as follows:



1.

I am an associate in the law firm of Quinn Emanuel Urquhart & Sullivan, LLP,

 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
 Telecommunications America, LLC (collectively, “Samsung”). I submit this declaration in
 support of Samsung’s Opposition to Apple’s Motion to Shorten Time for Briefing and Hearing on
 Apple’s Motion to Compel. I have personal knowledge of the facts set forth in this declaration
 and, if called upon as a witness, I could and would testify to such facts under oath.


2.

On January 16, 2012, Samsung and Apple held a meet and confer session between

 lead counsel, during which Apple stated that it would file a motion requesting reconsideration of
 the Court’s December 22, 2011 Order unless Samsung agreed to produce all foreign-language
 documents at least ten days prior to the corresponding deposition.


3.

At 7:05 p.m. on January 27, 2012, counsel for Apple emailed counsel for Samsung

 to announce that it would move to shorten time for briefing and hearing of this motion. Although
 this email did not include a proposed expedited briefing schedule, Apple demanded that Samsung
 consent to shortened time before 8:00 p.m that evening. A true and correct copy of this email is
 attached hereto as Exhibit 1.


4.

Counsel for Samsung immediately responded via email by seeking clarification as

 to which issues Apple would address in its motion to compel and requesting additional time to
 confer internally and with Samsung regarding Apple’s request for a shortened schedule. True and
 correct copies of these emails are attached hereto as Exhibit 2. Apple did not respond to
 Samsung’s request.


I declare under penalty of perjury under the laws of the United States of America

 that the foregoing is true and correct.


Executed on January 29, 2012, at San Francisco, California.





/s/ Joby Martin
Joby Martin




02198.51855/4575178.1

Case No. 11-cv-01846-LHK (PSG)
-1DECLARATION OF JOBY MARTIN IN SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’S MOTION TO SHORTEN TIME

1
2

General Order 45 Attestation
I, Victoria F. Maroulis, 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 Joby Martin has
4 concurred in this filing.
5

/s/ Victoria Maroulis

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02198.51855/4575178.1

Case No. 11-cv-01846-LHK (PSG)
-2DECLARATION OF JOBY MARTIN IN SUPPORT OF SAMSUNG’S OPPOSITION
TO APPLE’ MOTION TO SHORTEN TIME