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)

EXHIBIT 1

quinn emanuel

trial lawyers | los angeles

865 South Figueroa Street, 10th Floor, Los Angeles, California 90017-2543 | TEL: [phone] FAX: [phone]

WRITER'S DIRECT DIAL NO.
[phone]
WRITER'S INTERNET ADDRESS
[e-mail]

March 1, 2012
VIA ELECTRONIC MAIL
Jason Bartlett
Morrison & Foerster, LLP
425 Market Street
San Francisco, California 94105
Re:

Apple Inc. v. Samsung Elecs. Co., Ltd., No. 11-cv-01846-LHK (N.D. Cal.)

Dear Jason:
With the close of discovery less than seven days away, Apple's refusal to confirm and/or propose
deposition dates for over 20 Apple witnesses has substantially impaired Samsung's discovery
efforts and trial preparations. Because of this obstructionism, Apple has left insufficient time to
schedule, much less prepare for, the outstanding depositions of Apple witnesses.
The deposition of Zack Kamen is scheduled for tomorrow, March 2, 2012. Because Apple has
refused to produce Mr. Kamen for this deposition, Samsung has no choice but to cancel the
videographer and court reporter and move to compel.
Apple has also refused to make other witnesses available on dates that it proposed, and Samsung
accepted, weeks ago. If Apple does not confirm that these depositions will proceed on the dates
the parties previously confirmed by 5:30 p.m., today, March 1, Samsung will understand Apple's
failure to confirm as a refusal to make the witnesses available for deposition and move to
compel:
Chris Hood (deposition confirmed for 3/6)
quinn emanuel urquhart & sullivan, llp
NEW YORK | 51

Madison Avenue, 22nd Floor, New York, New York 10010-1601 | TEL [phone] FAX [phone]
California Street, 22nd Floor, San Francisco, California 94111-4788 | TEL [phone] FAX [phone]
SILICON VALLEY | 555 Twin Dolphin Drive, 5th Floor, Redwood Shores, California 94065-2139 | TEL [phone] FAX [phone]
CHICAGO | 500 W. Madison Street, Suite 2450, Chicago, Illinois 60661-2510 | TEL [phone] FAX [phone]
SAN FRANCISCO | 50

WASHINGTON, DC | 1299
LONDON | 16

Pennsylvania Avenue NW, Suite 825, Washington, District of Columbia 20004-2400 | TEL [phone]

FAX (202)

Old Bailey, London EC4M 7EG, United Kingdom | TEL [phone] FAX [phone]
TOKYO | NBF Hibiya Building, 25F, 1-1-7, Uchisaiwai-cho, Chiyoda-ku, Tokyo 100-0011, Japan | TEL [phone] FAX [phone]
MANNHEIM | Mollstraße 42, 68165 Mannheim, Germany | TEL [phone] FAX [phone]
MOSCOW | Voentorg Building, 3rd Floor, 10 Vozdvizhenka Street, Moscow 125009, Russia | TEL [phone] FAX [phone]

538-8100

Fred Simon (deposition confirmed for 3/7)
Apple has also refused to propose any dates for the depositions of several other properly noticed
depositions, contrary to the parties' agreement that dates would be provided regardless of any
objections to the depositions. Immediately provide dates for the following Apple witnesses:
Chris Birgers

John Brown

Tim Cook

Eddy Cue

David Falkenburg

John Geleynse

Deborah Goldsmith

Saku Hieta

Jason Huey

Eugene Kim

Noreen Krall

Henri Lamiraux

Michael Lee

Michael Lewis

Jeff Robbin

Justin Santamaria

Kristi Schmidt

Bruce Sewell

Steven Sinclair

Michael Solomon

Rebecca Van Dyck

Jeff Williams

David Zhang
If Apple does not propose dates for these witnesses by 12:00 p.m., March 2, 2012, Samsung will
conclude that Apple has refused to produce the witnesses and put this issue on the agenda for the
next lead counsel meet and confer in anticipation of a motion to compel.
Kind regards,
/s/ Diane C. Hutnyan
Diane C. Hutnyan
02198.51855/4630369.2

02198.51855/4630369.2

2