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

Filing 774

MOTION Leave to File Sur-Reply filed by Samsung Electronics America, Inc.(a New York corporation), Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC(a Delaware limited liability company). Motion Hearing set for 3/6/2012 10:00 AM before Magistrate Judge Paul Singh Grewal. Responses due by 3/20/2012. (Attachments: #1 Proposed Order Grating Leave to FIle Sur-Reply, #2 Supplement Sur-Reply In Support of Samsung's Opposition to Apple's Motion to Compel, #3 Declaration of Joby Martin In Support of Samsung's Sur-Reply, #4 Declaration of Melissa Dalziel In Support of Samsung's Sur-Reply)(Maroulis, Victoria) (Filed on 3/6/2012)

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
 Telephone: [phone]
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 MELISSA A.
DALZIEL IN SUPPORT OF SAMSUNG'S
SUPPLEMENTAL RESPONSE IN
SUPPORT OF ITS OPPOSITION TO
APPLE'S MOTION TO COMPEL
DOCUMENTS



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:

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

02198.51855/4637815.2

Case No. 11-cv-01846-LHK (PSG)



DALZIEL DECLARATION IN SUPPORT OF SAMSUNG’S SUPPLEMENTAL RESPONSE IN SUPPORT OF ITS
OPPOSITION TO APPLE'S MOTION TO COMPEL

1
2

I, Melissa A. Dalziel, declare as follows:

3

1.

I am Of Counsel with Quinn Emanuel Urquhart & Sullivan LLP, attorneys for

4 Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
5 Telecommunications America, LLC (collectively, “Samsung”). I make this declaration of
6 personal, firsthand knowledge, and if called and sworn as a witness, I could and would testify
7 competently thereto.
8

2.

Since Samsung filed its Opposition to Apple's Motion to Compel Timely

9 Production of Foreign-Language and Other Documents in Advance of Related Depositions on
10 February 15, 2012, Apple has frequently produced documents less than five days in advance of
11 each deposition, as reflected in the chart below:
12

Apple Deponent

Deposition
Date

14

John Ternus

February 10

15

Richard Dinh
Michael Tchao
Mark Buckley
Wei Chen

February 16
February 21
February 23
March 1

Achim
Pantfoerder

March 1

Myra Haggerty

March 2

22

Art Rangel

March 2

23

Tan Tang

March 2

13

16
17
18

Date Samsung
Received
Apple's Late
Productions
February 6
February 20
February 15
February 20
February 22
February 26
February 29
February 29

No. of
Pages
Produced
814
201
17,020
195
3
975
915
78

Number of Days
Before/After Deposition
that Apple Last Produced
Custodial Documents
4 days before
10 days after
1 day before
1 day before
1 day before depo
4 days before depo
2 days before
1 day before

February 28
February 29
March 1
February 29
March 1
February 29
March 1

1,374
35
268
6,619
26
25
170

3 days before
2 days before
1 day before
2 days before
1 day before
2 days before
1 day before

19
20
21

24
3.

Apple has yet to produce any documents for the Chris Harris deposition tomorrow

25
or the deposition of B.J. Watrous, which is scheduled to take place on Thursday, March 8th.
26
27
28

02198.51855/4637815.2

Case No. 11-cv-01846-LHK (PSG)
DALZIEL DECLARATION IN SUPPORT OF SAMSUNG’S SUR-REPLY IN SUPPORT OF ITS OPPOSITION
TO APPLE'S MOTION TO COMPEL

1

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

2 that the foregoing is true and correct.
3

Executed March 5, 2012, at Los Angeles, California.

4
5

/s/ Melissa A. Dalziel
Melissa A. Dalziel

6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

02198.51855/4637815.2

Case No. 11-cv-01846-LHK (PSG)
DALZIEL DECLARATION IN SUPPORT OF SAMSUNG’S SUR-REPLY IN SUPPORT OF ITS OPPOSITION
TO APPLE'S MOTION TO COMPEL