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

Filing 877

ADMINISTRATIVE REQUEST For Leave To File Supplemental Declaration Of Erik J. Olson In Support Of Apples Rule 37(B)(2) Motion Re Samsungs Violation Of January 27, 2012 Damages Discovery Order filed by Apple Inc.. (Attachments: #1 Declaration of Erik J. Olson ISO Rule 37(b)(2) re Damages, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Proposed Order)(Tucher, Alison) (Filed on 4/20/2012) Modified text on 4/23/2012 (dhm, COURT STAFF).

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HAROLD J. MCELHINNY (CA SBN 66781)
[e-mail]
MICHAEL A. JACOBS (CA SBN 111664)
[e-mail]
JENNIFER LEE TAYLOR (CA SBN 161368)
[e-mail]
ALISON M. TUCHER (CA SBN 171363)
[e-mail]
RICHARD S.J. HUNG (CA SBN 197425)
[e-mail]
JASON R. BARTLETT (CA SBN 214530)
[e-mail]
MORRISON & FOERSTER LLP
425 Market Street
San Francisco, California 94105-2482
Telephone: [phone]
Facsimile: [phone]

WILLIAM F. LEE
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
60 State Street
Boston, MA 02109
Telephone: [phone]
Facsimile: [phone]
MARK D. SELWYN (SBN 244180)
[e-mail]
WILMER CUTLER PICKERING
HALE AND DORR LLP
950 Page Mill Road
Palo Alto, California 94304
Telephone: [phone]
Facsimile: [phone]

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,

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Plaintiff,
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.

Case No. 11-cv-01846-LHK
ADMINISTRATIVE REQUEST FOR
LEAVE TO FILE SUPPLEMENTAL
DECLARATION OF ERIK J. OLSON IN
SUPPORT OF APPLE’S RULE 37(b)(2)
MOTION RE SAMSUNG’S
VIOLATION OF JANUARY 27, 2012
DAMAGES DISCOVERY ORDER
Date:
Time:
Place:
Judge:

April 9, 2012
10:00 a.m.
Courtroom 5, 4th Floor
Hon. Paul S. Grewal

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Administrative Request for Leave to File the Supplemental Mazza Declaration
Case No. 11-cv-01846-LHK

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Pursuant to Civil Local Rules 7-3(d) and 7-11, Apple Inc. (“Apple”) hereby requests leave

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of Court to file the Supplemental Declaration of Erik Olson (“Supplemental Olson Declaration”)

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in support of Apple’s Rule 37(b)(2) Motion Re Samsung’s Violation of the Court’s January 27,

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2012 Damages Discovery Order (the “Motion”). A copy of the Supplemental Olson Declaration

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that Apple seeks to file, and Exhibits A-C thereto, are appended to this Administrative Request.

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On April 9, 2012, Apple’s 37(b)(2) Motion was argued and submitted to the Court. After

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the hearing three developments occurred that may aid the Court’s consideration of the issues

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involved in Apple’s Motion. All three issues are outlined in the Olson Declaration. One is time-

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sensitive. In accordance with the Court’s suggestion during oral argument on the motion, Apple

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has attempted to get Samsung to agree to postpone the deposition of Apple’s damages expert until

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the Court has had a chance to rule on the pending motion. The deposition is scheduled to occur

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on April 26th, and Samsung has refused. (Olson Decl. ¶¶ 3-5.)

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Apple sent a copy of the Supplemental Olson Declaration to counsel for Samsung and

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requested that Samsung advise whether or not it opposes this Administrative Request. Samsung

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responded that it does so oppose.

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Accordingly, Apple respectfully requests permission to file the accompanying
Supplemental Olson Declaration.

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Dated: April 20, 2012

MORRISON & FOERSTER LLP

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By:

/s/ Alison M. Tucher
ALISON M. TUCHER
Attorneys for Plaintiff
APPLE INC.

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ADMINISTRATIVE REQUEST FOR LEAVE TO FILE SUPPLEMENTAL OLSON DECLARATION
CASE NO. 11-cv-01846-LHK (PSG)
sf-3135744

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