`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`ELM 3DS INNOVATIONS, LLC,
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`
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`
`
`
`
`
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`v.
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`Plaintiff,
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`SAMSUNG ELECTRONICS CO., LTD., et al.,
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`
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`
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`
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`Defendants.
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`
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`
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`C.A. No. 14-cv-1430-LPS
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`
`
`JURY TRIAL DEMANDED
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`EMERGENCY MOTION REGARDING RON EPSTEIN’S DEPOSITION
`TO START ON OCTOBER 4, 2021
`
`Plaintiff Elm 3DS Innovations, LLC respectfully requests that the Court order that the
`
`
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`
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`deposition of Ron Epstein proceed on Monday, October 4 as contemplated by this Court’s order on
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`September 24, 2021. As Your Honor knows, Samsung requested four days for Ron Epstein’s
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`deposition, split into two separate two-day blocks. Elm opposed Samsung’s request to split Mr.
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`Epstein’s deposition into non-consecutive days. In briefing that issue to the Court, Samsung
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`confirmed that it was prepared to proceed with the deposition on October 4 as the parties had
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`previously agreed:
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`In light of the asymmetry in protections the parties have against potential discovery
`abuse, Samsung is willing to proceed with a consecutive four-day deposition of
`Epstein beginning October 4 . . . .
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`(D.I. 433 at 11 (emphasis added).)
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`A week ago, on September 24, 2021, this Court denied Samsung’s request that the
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`deposition occur on non-consecutive days. (D.I. 434.) Given this Court’s order, Elm continued
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`preparing Mr. Epstein for the deposition that was scheduled to occur a week later, expending
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`significant time and resources.
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`At 7:38 p.m. ET on Thursday night before Mr. Epstein’s deposition was to begin on
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`Monday, Samsung’s counsel attempted to unilaterally postpone the deposition. (See Ex. 1 at 3.)
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`
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`Case 1:14-cv-01430-LPS Document 436 Filed 10/01/21 Page 2 of 3 PageID #: 26562
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`Samsung claimed that it needed to move the deposition to afford it time to review any additional
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`documents the Court orders Elm to produce from what it submitted in camera earlier this week. (Id.)
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`To alleviate that concern, Elm’s counsel offered to proceed with three of the four days of Mr.
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`Epstein’s deposition on Monday, October 4 as planned but reserve the fourth day for a later,
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`mutually convenient date in the event it is necessary based on the Court’s ruling related to the in
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`camera documents. (Id. at 1.) The next morning, on October 1, Samsung’s counsel refused that offer,
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`claiming that the deposition could not proceed because Samsung never agreed to proceed on
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`October 4 despite its statement to the Court otherwise.
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`Both Mr. Epstein and Elm’s counsel have now spent significant time preparing for the
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`deposition and have blocked off nearly an entire week for this deposition. Allowing Samsung to
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`delay this long-planned deposition will burden both the witness and Elm’s counsel who all have
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`other significant time commitments that make finding nearly a week for a deposition difficult.
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`Therefore, Elm respectfully requests that the Court issue an order requiring Samsung to depose Mr.
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`Epstein beginning on October 4 for four consecutive days as previously planned and ordered. Elm
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`is available for an emergency teleconference at the Court’s convenience today if necessary.
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`Case 1:14-cv-01430-LPS Document 436 Filed 10/01/21 Page 3 of 3 PageID #: 26563
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`October 1, 2021
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`Respectfully submitted,
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`/s/ Brian E. Farnan__________
`Brian E. Farnan (#4089)
`bfarnan@farnanlaw.com
`Michael J. Farnan (#5165)
`mfarnan@farnanlaw.com
`FARNAN LAW LLP
`919 North Market Street
`12th Floor
`Wilmington, DE 19801
`Tel: (302) 777-0300
`Fax: (302) 777-0301
`
`John M. Hughes (pro hac vice)
`john.hughes@bartlitbeck.com
`Nosson D. Knobloch (pro hac vice)
`nosson.knobloch@bartlitbeck.com
`Katherine L.I. Hacker (pro hac vice)
`kat.hacker@bartlitbeck.com
`Daniel C. Taylor (pro hac vice)
`dan.taylor@bartlitbeck.com
`BARTLIT BECK LLP
`1801 Wewatta Street, Suite 1200
`Denver, CO 80202
`Tel: (303) 592-3100
`Fax: (303) 592-3140
`
`Matthew R. Ford (pro hac vice)
`matthew.ford@bartlitbeck.com
`BARTLIT BECK LLP
`54 W. Hubbard Street, Suite 300
`Chicago, IL 60654
`Tel: (312) 494-4400
`Fax: (312) 494-4440
`
`Adam K. Mortara (pro hac vice)
`adam@mortaralaw.com
`125 South Wacker Dr., Suite 300
`Chicago, IL 60606
`Tel: (773) 750-7154
`
`Counsel for Plaintiff
`ELM 3DS INNOVATIONS, LLC
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