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

Filing 723

MOTION to Compel Apples Re-Noticed Motion to Compel Timely Production of Foreign-Language Documents in Advance of Related Depositions filed by Apple Inc.. Motion Hearing set for 3/6/2012 10:00 AM in Courtroom 5, 4th Floor, San Jose before Magistrate Judge Paul Singh Grewal. Responses due by 2/27/2012. Replies due by 3/5/2012. (Jacobs, Michael) (Filed on 2/11/2012)

1
2
3
4
5
6
7
8
9

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]

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]

10
11

Attorneys for Plaintiff and
Counterclaim-Defendant APPLE INC.

12
13
14

UNITED STATES DISTRICT COURT

15

NORTHERN DISTRICT OF CALIFORNIA

16

SAN JOSE DIVISION

17

APPLE INC., a California corporation,

18
19
20
21
22

Plaintiff,
v.
SAMSUNG ELECTRONICS CO., LTD., a
Korean corporation; SAMSUNG ELECTRONICS
AMERICA, INC., a New York corporation; and
SAMSUNG TELECOMMUNICATIONS
AMERICA, LLC, a Delaware limited liability
company,

Case No. 11-cv-01846-LHK
APPLE’S RE-NOTICED MOTION TO
COMPEL TIMELY PRODUCTION
OF FOREIGN-LANGUAGE AND
OTHER DOCUMENTS IN ADVANCE
OF RELATED DEPOSITIONS
Date:
Time:
Place:
Judge:

March 6, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal

23
Defendants.
24
25
26
27
28
APPLE INC.’S RE-NOTICED MOTION TO COMPEL TIMELY PRODUCTION OF DOCUMENTS
CASE NO. 11-CV01846-LHK
sf-3106324

1
2
3

NOTICE OF MOTION AND MOTION
TO:

ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE that on March 6, 2012, at 10:00 a.m., or as soon thereafter as

4

the matter may be heard by the Honorable Paul S. Grewal in Courtroom 5, United States District

5

Court for the Northern District of California, Robert F. Peckham Federal Building, 280 South 1st

6

Street, San Jose, CA 95113, Apple, Inc. (“Apple”) shall and hereby does move the Court for an

7

Order compelling defendants Samsung Electronics Co., Ltd., Samsung Electronics America, Inc.,

8

and Samsung Telecommunications America, LLC (“Samsung”) to produce relevant, responsive

9

documents from the files of each witness noticed for deposition at least ten (10) days in advance

10

of his or her deposition, if the documents are written in whole or in part in a foreign language.

11

Apple further moves the Court for an Order compelling Samsung to produce other relevant,

12

responsive English-language documents from the files of each witness noticed for deposition at

13

least five (5) days in advance of the witness’s deposition.

14

This re-noticed motion is based on this notice of motion, the supporting memorandum of

15

points and authorities filed and served by Apple on January 27, 2012 (Dkt. No. 682), the

16

Declaration of Mia Mazza submitted and served by Apple on January 27, 2012 and exhibits

17

attached thereto (Dkt. No. 683), and such other written or oral argument as may be presented at or

18

before the time this motion is taken under submission by the Court.

19

RELIEF REQUESTED

20

Pursuant to Federal Rules of Civil Procedure 26 and 37, Apple requests an Order

21

compelling Samsung to produce relevant, responsive documents from the files of each witness

22

noticed for deposition at least ten (10) days in advance of the witness’s deposition if they are

23

written in whole or in part in a foreign language. Apple further requests that Samsung be

24

compelled to produce other relevant, responsive English-language documents from each witness’s

25

files at least five (5) days in advance of the witness’s deposition.

26
27
28
APPLE INC.’S RE-NOTICED MOTION TO COMPEL TIMELY PRODUCTION OF DOCUMENTS
CASE NO. 11-CV-01846-LHK
sf-3106324

2

1

Dated: February 11, 2012

MORRISON & FOERSTER LLP

2
3
4
5

By:

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

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
APPLE INC.’S RE-NOTICED MOTION TO COMPEL TIMELY PRODUCTION OF DOCUMENTS
CASE NO. 11-CV-01846-LHK
sf-3106324

3