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

Filing 800

MOTION Administrative Motion for Relief from Lead Counsel Meet and Confer Requirement or Extension of Deadline to File Motions filed by Samsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. Responses due by 3/26/2012. Replies due by 4/2/2012. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Proposed Order)(Maroulis, Victoria) (Filed on 3/12/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
2 [e-mail]
50 California Street, 22nd Floor
3 San Francisco, California 94111
Telephone: [phone]
4 Facsimile: [phone]
5 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
6 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
7 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
8 Telephone: [phone]
Facsimile: [phone]
9
Michael T. Zeller (Cal. Bar No. 196417)
10 [e-mail]
865 S. Figueroa St., 10th Floor
11 Los Angeles, California 90017
Telephone: [phone]
12 Facsimile: [phone]
13 Attorneys for SAMSUNG ELECTRONICS
CO., LTD., SAMSUNG ELECTRONICS
14 AMERICA, INC. and SAMSUNG
TELECOMMUNICATIONS AMERICA, LLC
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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA, SAN JOSE DIVISION

18 APPLE INC., a California corporation,

CASE NO. 11-cv-01846-LHK

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DECLARATION OF DIANE C.
HUTNYAN IN SUPPORT OF
SAMSUNG’S ADMINISTRATIVE
MOTION FOR TEMPORARY
RELIEF FROM THE LEAD
COUNSEL MEET AND CONFER
REQUIREMENT OR ALTERNATIVELY
FOR AN EXTENSION OF THE
DEADLINE TO FILE MOTIONS TO
COMPEL

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Plaintiff,
vs.

21 SAMSUNG ELECTRONICS CO., LTD., a
Korean business entity; SAMSUNG
22 ELECTRONICS AMERICA, INC., a New
York corporation; SAMSUNG
23 TELECOMMUNICATIONS AMERICA,
LLC, a Delaware limited liability company,
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Defendants.
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02198.51855/4647303.1

Case No. 11-cv-01846-LHK
DECL OF DIANE C. HUTNYAN ISO MOTION FOR TEMP RELIEF FROM LCMC REQ’T

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I, Diane C. Hutnyan, declare:

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1.

I am a partner with the law firm Quinn Emanuel Urquhart & Sullivan, LLP,

3 counsel for Samsung Electronics Co., Ltd., Samsung Electronics America, Inc. and Samsung
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Telecommunications America, LLC (collectively, “Samsung”).
the State of California.

I am licensed to practice law in

I submit this declaration in support of Samsung’s Administrative Motion

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For Temporary Relief From the Lead Counsel Meet and Confer Requirement or Alternatively For
An Extension of the Deadline To File Motions To Compel.

I have personal knowledge of the

9 facts set forth in this declaration and, if called upon as a witness, I could and would testify to the
10 following facts.
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2.

Attached hereto as Exhibit 1 is a true and correct copy of a March 1, 2012 letter

from Samsung's counsel to Apple's counsel.

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3.

Attached hereto as Exhibit 2 is a true and correct copy of a March 10, 2012 letter

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from Samsung's counsel to Apple's counsel.
4.

Apple produced more than 470,000 pages of new documents on or after the last day

17 of discovery, producing 210,000 of them after the discovery cut-off.

Thousands of these new

18 documents were from the files of witnesses who were deposed earlier in the case, including many
19 of the inventors of the patents-in-suit.
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5.

Many categories of documents that Apple has not yet produced were identified for

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the first time in depositions taken in the last few weeks.
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6.

Attached hereto as Exhibit 3 is a true and correct copy of the March 6, 2012 letter

24 from Apple’s counsel to Samsung’s counsel.
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7.

Attached hereto as Exhibit 4 is a true and correct copy of the March 9, 2012 letter

26 from Samsung’s counsel to Apple’s counsel.
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02198.51855/4647303.1

Case No. 11-cv-01846-LHK
DECL OF DIANE C. HUTNYAN ISO MOTION FOR TEMP RELIEF FROM LCMC REQ’T

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Attached hereto as Exhibit 5 is a true and correct copy of the March 10, 2012 letter

2 from Apple’s counsel to Samsung’s counsel.
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9.

Discovery responses served by Apple on March 8-10 included: Apple Inc.’s

Second Amended Objections and Response to Samsung Electronics Co. Ltd.’s Interrogatory No. 5

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to Apple Inc.; Apple Inc.’s Fifth Amended Objections and Response to Samsung’s Interrogatory
No. 1 to Apple; Apple Inc.’s Supplemental Objections and Responses Samsung’s Third Set of

8 Interrogatories; Apple Inc.’s Second Supplemental Objection and Response to Samsung
9 Electronics Co. Lit.’s Interrogatory No. 14 to Apple Inc.; Apple Inc.’s Amended Objections and
10 Responses to Samsung Electronics Co. Ltd.’s Interrogatory Nos. 4, 6, 7, 16, 17, 18 to Apple Inc.;
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Apple's Supplemental Responses to Samsung’s Preliminary Injunction Interrogatories 2 and 4 and

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Third Supplemental Responses to Preliminary Injunction Interrogatories 1, 3, 6, and 7; Apple
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Inc.’s Corrected Amended Objections and Responses to Samsung Electronics Co. Ltd.’s

15 Interrogatory Nos. 4, 6, 7, 16, 17, 18 to Apple Inc.; Apple Inc.’s Objections and Responses to
16 Samsung’s Fourth Set of Interrogatories; Apple Inc.’s Objections and Responses to Samsung’s
17 Sixth and Seventh Sets of Requests for Production; and Apple Inc.’s Responses to Samsung’s
18 Fourth and Fifth Sets of Requests for Admission
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10.

Attached hereto as Exhibit 6 is a true and correct copy of a March 12, 2012 letter

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from Samsung's counsel to Apple's counsel.
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Attached hereto as Exhibit 7 is a true and correct copy of a March 12, 2012 email

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I declare under penalty of perjury under the laws of the United States that the foregoing is

25 true and correct.
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Executed in Los Angeles, California on March 12, 2012.

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Case No. 11-cv-01846-LHK
DECL OF DIANE C. HUTNYAN ISO MOTION FOR TEMP RELIEF FROM LCMC REQ’T

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/s/ Diane C. Hutnyan
Diane C. Hutnyan

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Case No. 11-cv-01846-LHK
DECL OF DIANE C. HUTNYAN ISO MOTION FOR TEMP RELIEF FROM LCMC REQ’T

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GENERAL ORDER ATTESTATION
I, Victoria Maroulis, am the ECF user whose ID and password are being used to file the

3 foregoing document. I hereby attest pursuant to General Order 45.X.B. that concurrence in the
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electronic filing of this document has been obtained from Diane Hutnyan.

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/s/ Victoria Maroulis

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Case No. 11-cv-01846-LHK
DECL OF DIANE C. HUTNYAN ISO MOTION FOR TEMP RELIEF FROM LCMC REQ’T

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