Apple Inc. v. Samsung Electronics Co. Ltd. et al
Filing
738
MOTION to Shorten Time filed by Apple Inc.. (Attachments: #1 Mazza Declaration in Support of Motion to Shorten TIme, #2 Proposed Order)(Jacobs, Michael) (Filed on 2/16/2012)
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HAROLD J. MCELHINNY (CA SBN 66781)
hmcelhinny@mofo.com
MICHAEL A. JACOBS (CA SBN 111664)
mjacobs@mofo.com
JENNIFER LEE TAYLOR (CA SBN 161368)
jtaylor@mofo.com
ALISON M. TUCHER (CA SBN 171363)
atucher@mofo.com
RICHARD S.J. HUNG (CA SBN 197425)
rhung@mofo.com
JASON R. BARTLETT (CA SBN 214530)
jasonbartlett@mofo.com
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: (415) 268-7000
Facsimile: (415) 268-7522
WILLIAM F. LEE
william.lee@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: (617) 526-6000
Facsimile: (617) 526-5000
MARK D. SELWYN (SBN 244180)
mark.selwyn@wilmerhale.com
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: (650) 858-6000
Facsimile: (650) 858-6100
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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.,
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Defendants.
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MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108177
Case No.
11-cv-01846-LHK (PSG)
DECLARATION OF MIA MAZZA
IN SUPPORT OF APPLE’S
MOTION TO SHORTEN TIME
Date:
Time:
Place:
Judge:
February 28, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal
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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 Depositions of 14 of Samsung’s
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Purported “Apex” Witnesses (“Motion to Shorten Time”).
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2.
Between December 6, 2012, and January 28, 2012, Apple timely served written
notices for the 14 depositions at issue in Apple’s Motion to Compel Depositions of 14 of
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Samsung’s Purported “Apex” Witnesses (“Motion to Compel”). True and correct copies of those
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notices are attached as Exhibit 1 to the Declaration of Mia Mazza In Support of Apple’s Motion
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To Compel (“Mazza Declaration”). The deposition notices set deposition dates between early
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January and mid-February. After serving the notices, counsel for Apple attempted to meet and
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confer with counsel for Samsung to obtain dates when each of the witnesses would sit for
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deposition.
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3.
Samsung served formal objections to five of the deposition notices in late-January
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2012. None of those formal objections asserted an objection on the grounds that the employees
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were high-level “apex” employees. On January 13, 2012, Samsung sent Apple a letter claiming
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that a sixth witness was a high ranking Samsung official and requesting that Apple withdraw its
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deposition notice. Samsung served formal objections to six other deposition notices on February
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2, 2012. True and correct copies of Samsung’s January 13 letter and its objections to Apple’s
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deposition notices are attached as Exhibits 2 and 3 to the Mazza Declaration, respectively.
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4.
On February 3, Samsung’s counsel sent a letter to Apple’s counsel identifying a
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list of 23 purportedly “high-ranking Samsung executives” whose depositions had been noticed by
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Apple, including the one witness that was the subject of the January 13 letter. Samsung’s letter
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asserted that “these depositions are highly unlikely to lead to the discovery of relevant
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information” and claimed that the 23 witnesses have “no relationship to the accused products or
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the patents-in-suit other than their place atop Samsung’s organization hierarchy.” A true and
MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME
Case No. 4:11-cv-01846-LHK
sf-3108177
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correct copy of Samsung’s February 3rd letter is attached as Exhibit 4 to the Mazza Declaration.
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Samsung did not move for a protective order with respect to any of the 23 witnesses at that time.
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5.
The parties held a lead trial counsel meet-and-confer on February 6, 2012. They
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discussed, among other topics, Samsung’s objections on purported “apex” grounds to the
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depositions of the 23 witnesses in the February 3 letter. Samsung did not agree to withdraw its
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objections as to any of the 23 witnesses. Instead, Samsung asked Apple to send a letter providing
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more information as to why Apple should be permitted to depose the witnesses listed in their
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February 3 letter.
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6.
On February 9th, Apple sent Samsung a thirteen-page letter containing a witness-
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by-witness summary outlining why Samsung’s objections were meritless. A true and correct
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copy of that letter is attached as Exhibit 5 to the Mazza Declaration The letter discussed each
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witness’s connection with key issues in this case and cited to specific documents establishing
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each witness’s connection.
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7.
Apple sent an additional letter to Samsung on February 12 further articulating its
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positions on this issue. Among other things, the letter noted that mot of the witness at issue in
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Apple’s Motion to Compel are not apex witnesses. A true and correct copy of that letter is
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attached as Exhibit 7 to the Mazza Declaration.
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8.
Between February 3 and February 14, 2012, Apple agreed to defer calendaring of
six of the depositions to which Samsung was objecting on purported “apex” grounds:
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The parties held another lead trial counsel meet-and-confer on February 14. The
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parties discussed Samsung’s “apex” objections and Samsung agreed to withdraw its objections to
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three of the witnesses listed in its February 3, 2012, letter, leaving a total of 14 purported “apex”
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witnesses still in dispute. Samsung refused to produce the remaining 14 witnesses for deposition.
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10.
The parties held a further lead trial counsel meet-and-confer session on February
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15, 2012. During that meeting, counsel for Samsung acknowledged Apple’s intent to move to
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compel the depositions of the remaining 14 purported “apex” witnesses, and stated that Samsung
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intended to move for a protective order to prevent Apple from deposing those 14 witnesses.
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MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME
Case No. 4:11-cv-01846-LHK
sf-3108177
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11.
As detailed in Apple’s February 9th letter and its Motion to Compel, the witnesses
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at issue in the Motion to Compel were personally and intimately involved in issues that go to the
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heart of the dispute between the parties in this case. The witnesses include individuals who made
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key decisions regarding the design and development of Samsung’s products that are central to the
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issues in this case. Their involvement is well demonstrated in Samsung’s own documents and
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deposition testimony, which are attached as exhibits to the Mazza Declaration
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12.
In contrast to Samsung’s approach, to date Apple has permitted Samsung to
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depose numerous senior executives, vice presidents, and directors (the same ranks as most of
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Samsung’s witnesses at issue in this motion). Apple has also allowed Samsung to depose three of
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Apple’s nine most senior executives—Scott Forstall, Jonathan Ive, and Phil Schiller, the most
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senior individuals in the iOS Software, Industrial Design, and Marketing groups, respectively.
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13.
In its February 9 letter to Samsung, Apple provided notice of its intent to file a
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motion to compel the deposition of most of Samsung’s purported “apex” witnesses. The letter
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proposed a shortened briefing and hearing schedule for Apple’s motion, providing for an
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expedited hearing on February 21, 2012. At the end of the meet and confer on February 14,
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Samsung’s counsel asked for 24 hours’ notice if Apple was going to move for shortened time on a
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motion to compel.
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14.
On the morning of February 15, 2012, Apple again notified Samsung in writing of
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Apple’s intent to file a motion to compel on shortened time regarding the “apex” depositions,
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with a proposed hearing date of Tuesday, February 21, 2012, opening brief deadline of Thursday,
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February 16, and opposition deadline of Monday, February 20 at noon.
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15.
On the morning of February 16, 2012, Samsung advised Apple that it was not
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willing to stipulate to the proposed shortened schedule. Samsung neither agreed to Apple’s
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proposed schedule nor suggested an alternate schedule.
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16.
Apple has now learned that the Court is unavailable on February 21, 2012, so
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Apple now seeks a hearing date of February 28th (the Court’s next available Tuesday morning
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hearing date).
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MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME
Case No. 4:11-cv-01846-LHK
sf-3108177
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I declare under penalty of perjury that the foregoing is true and correct. Executed on
February 16, 2012, at San Francisco, California.
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/s/ Mia Mazza
Mia Mazza
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MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME
Case No. 4:11-cv-01846-LHK
sf-3108177
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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: February 16, 2012
/s/ Michael A. Jacobs
Michael A. Jacobs
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MAZZA DECL. ISO APPLE’S MOTION TO SHORTEN TIME
CASE NO. 11-CV-01846-LHK (PSG)
sf-3108177
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