`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CYWEE GROUP LTD.,
`
`Plaintiff
`
`v.
`
`SAMSUNG ELECTRONICS CO. LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
`
`Defendants.
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`
`
`NO. 2:17-CV-00140-WCB-RSP
`
`
`
`
`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG
`ELECTRONICS AMERICA, INC.’S
`REPLY IN SUPPORT OF MOTION FOR SANCTIONS
`
`
`
`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 2 of 8 PageID #: 10438
`
`
`“A pox on both your houses.” That appears to be the approach CyWee is urging the
`
`Court to take. But not all “contentious” cases are made that way by both sides. Sometimes one
`
`party steps over the line, at times well over it. That is the unfortunate situation here.
`
`CyWee counsel Michael Shore’s transgressions are summarized in Samsung’s Motion.
`
`
`
`
`
`
`
`
`
`
`
`
`
` Respectfully, none of this is consistent with the culture and customs acceptable
`
`in any District. Even lawyers from places like Palo Alto, San Diego, and New York are entitled
`
`to seek relief when subjected to such misconduct. And local Texas lawyers are subject to
`
`discipline when they engage in it.
`
`CyWee’s response leaves out key facts and events. First, none of this behavior is new or
`
`unusual for Mr. Shore. He was recently sanctioned by the District of Massachusetts for engaging
`
`in similar conduct in another case. As here, Mr. Shore was the problem. The court there
`
`recognized that and took action to address it. This Court should do the same.
`
`
`
`
`
`
`
`
`
`
`
`-1-
`
`
`
`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 3 of 8 PageID #: 10439
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1 Exhibits 1–33 are attached to Defendants’ Motion (Dkt. No. 183). Exhibits 34–41 are attached
`to the Supplemental Declaration of Elizabeth Brann, filed concurrently herewith.
`
`-2-
`
`
`
`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 4 of 8 PageID #: 10440
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`In the end, in the face of denials, threats and sarcasm, Samsung made every attempt to
`
`avoid filing its Motion and, once it was filed, to withdraw it if CyWee would agree not to engage
`
`in misconduct going forward and have that agreement so ordered by the Court.
`
`Mr. Shore Violated Rule 4.02(a): Under Rule 4.02(a), a lawyer cannot “cause or
`
`encourage” another to communicate with a represented party without the consent of the
`
`represented party’s lawyer.
`
`
`
`
`
`
`
`-3-
`
`
`
`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 5 of 8 PageID #: 10441
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mr. Shore Violated the Protective Order:
`
`-4-
`
`
`
`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 6 of 8 PageID #: 10442
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Mr. Shore Improperly Threatened Criminal Liability:
`
`
`
`
`
`
`
`
`
`
`
`-5-
`
`
`
`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 7 of 8 PageID #: 10443
`
`
`
`DATED: October 17, 2018
`
`
`
`Respectfully submitted,
`
`By: /s/ Barry Sher
`Barry Sher (pro hac vice)
`NY Bar No. 2325777
`barrysher@paulhastings.com
`PAUL HASTINGS LLP
`200 Park Avenue
`New York, New York 10166
`Telephone: (212) 318-6000
`Facsimile: (212) 230-7444
`
`Christopher W. Kennerly
`TX Bar No. 00795077
`chriskennerly@paulhastings.com
`PAUL HASTINGS LLP
`1117 S. California Ave.
`Palo Alto, California 94304
`Telephone: (650) 320-1800
`Facsimile:
`(650) 320-1900
`
`Elizabeth L. Brann (pro hac vice)
`CA Bar No. 222873
`elizabethbrann@paulhastings.com
`Bob Chen (pro hac vice)
`CA Bar No. 273098
`bobchen@paulhastings.com
`PAUL HASTINGS LLP
`4747 Executive Drive, 12th Floor
`San Diego, California 92121
`Telephone: (858) 458-3000
`Facsimile:
`(858) 458-3005
`
`Melissa R. Smith
`TX Bar No. 24001351
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 S. Washington Ave.
`Marshall, TX 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`Attorneys for Defendants
`SAMSUNG ELECTRONICS CO., LTD AND
`SAMSUNG ELECTRONICS AMERICA,
`INC.
`
`-6-
`
`
`
`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 8 of 8 PageID #: 10444
`
`
`
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that a true and correct copy of the foregoing document was filed
`
`electronically in compliance with Local Rule CV-5 on October 17, 2018. As of this date, all
`
`counsel of record had consented to electronic service and are being served with a copy of this
`
`document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A) and by email.
`
` /s/ Barry Sher
`Barry Sher
`
`
`
`
`
`CERTIFICATE OF AUTHORIZATION TO SEAL
`
`I hereby certify that under Local Rule CV-5(a)(7), the foregoing document is filed under
`
`
`
`
`
`
`seal pursuant to the Court’s protective order entered in this matter.
`
`/s/ Barry Sher
`Barry Sher
`
`
`
`
`
`-7-
`
`