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

Filing 808

REPLY (re #800 MOTION Administrative Motion for Relief from Lead Counsel Meet and Confer Requirement or Extension of Deadline to File Motions ) filed bySamsung Electronics America, Inc., Samsung Electronics Co. Ltd., Samsung Telecommunications America, LLC. (Attachments: #1 Declaration)(Maroulis, Victoria) (Filed on 3/14/2012)

1 QUINN EMANUEL URQUHART & SULLIVAN, LLP
Charles K. Verhoeven (Cal. Bar No. 170151)
 [e-mail]
50 California Street, 22nd Floor
 San Francisco, California 94111
Telephone: [phone]
 Facsimile: [phone]
 Kevin P.B. Johnson (Cal. Bar No. 177129)
[e-mail]
 Victoria F. Maroulis (Cal. Bar No. 202603)
[e-mail]
 555 Twin Dolphin Drive 5th Floor
Redwood Shores, California 94065
 Telephone: [phone]
Facsimile: [phone]

Michael T. Zeller (Cal. 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,
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,

Defendants.


CASE NO. 11-cv-01846-LHK
DECLARATION OF DIANE C.
HUTNYAN IN SUPPORT OF
SAMSUNG’S REPLY IN SUPPORT OF
ITS 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




02198.51855/4652724.1

Case No. 11-cv-01846-LHK
DECL OF DIANE C. HUTNYAN ISO REPLY RE: 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.

Of the documents Samsung has produced in this case, approximately 57 percent

were produced by the end of January and approximately 89 percent were produced by the end of
February.

Of the documents Apple has produced in this case, approximately 35 percent were

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produced by the end of January and approximately 38 percent were produced between March 1

16 and March 8, 2012.

These numbers are based on the state of Apple's production as of the

17 discovery cut-off in this case. Apple produced a further 210,000 pages of documents on March 9
18 and its productions appear to be ongoing, with hundreds of additional pages produced only
19 yesterday.
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3.

On the final day to serve discovery, February 7, 2012, Apple served its 8th through

13th sets of Requests for Admission, its 15th and 16th sets of interrogatories, its 16th set of Requests
for Production, and its 9th Rule 30(b)(6) Notice.

All together, Apple served well over 1,000

24 discovery requests exactly thirty days before the discovery cut-off.

Apple served additional

25 deposition notices, including its 10th Rule 30(b)(6) Notice, after February 7.
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02198.51855/4652724.1

Case No. 11-cv-01846-LHK
-2DECL OF DIANE C. HUTNYAN ISO REPLY RE: MOTION FOR TEMP RELIEF FROM LCMC REQ’T

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4.

In response to purported concerns expressed by Apple at the end of January

2 regarding the availability of Samsung's lead trial counsel for meet and confer, the parties discussed
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the possibility of jointly moving to designate additional counsel as lead counsel for purposes of the
Court's lead trial counsel meet and confer requirement. On February 3, 2012, Samsung sent a

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draft joint motion to Apple seeking to designate additional counsel to meet and confer. Apple
initially did not respond, and when Samsung followed up, Apple declined to join the motion.

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

10 true and correct.
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Executed in Los Angeles, California on March 14, 2012.

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/s/ Diane C. Hutnyan
Diane C. Hutnyan

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02198.51855/4652724.1

Case No. 11-cv-01846-LHK
-3DECL OF DIANE C. HUTNYAN ISO REPLY RE: 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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02198.51855/4652724.1

Case No. 11-cv-01846-LHK
-4DECL OF DIANE C. HUTNYAN ISO REPLY RE: MOTION FOR TEMP RELIEF FROM LCMC REQ’T