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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
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`CYWEE GROUP LTD.,
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`Plaintiff
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`v.
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`SAMSUNG ELECTRONICS CO. LTD.
`AND SAMSUNG ELECTRONICS
`AMERICA, INC.,
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`Defendants.
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`NO. 2:17-CV-00140-WCB-RSP
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`DEFENDANTS SAMSUNG ELECTRONICS CO., LTD. AND SAMSUNG
`ELECTRONICS AMERICA, INC.’S
`REPLY IN SUPPORT OF MOTION FOR SANCTIONS
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`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 2 of 8 PageID #: 10438
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`“A pox on both your houses.” That appears to be the approach CyWee is urging the
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`Court to take. But not all “contentious” cases are made that way by both sides. Sometimes one
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`party steps over the line, at times well over it. That is the unfortunate situation here.
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`CyWee counsel Michael Shore’s transgressions are summarized in Samsung’s Motion.
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` Respectfully, none of this is consistent with the culture and customs acceptable
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`in any District. Even lawyers from places like Palo Alto, San Diego, and New York are entitled
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`to seek relief when subjected to such misconduct. And local Texas lawyers are subject to
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`discipline when they engage in it.
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`CyWee’s response leaves out key facts and events. First, none of this behavior is new or
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`unusual for Mr. Shore. He was recently sanctioned by the District of Massachusetts for engaging
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`in similar conduct in another case. As here, Mr. Shore was the problem. The court there
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`recognized that and took action to address it. This Court should do the same.
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`-1-
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`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 3 of 8 PageID #: 10439
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`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.
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`-2-
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`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 4 of 8 PageID #: 10440
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`In the end, in the face of denials, threats and sarcasm, Samsung made every attempt to
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`avoid filing its Motion and, once it was filed, to withdraw it if CyWee would agree not to engage
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`in misconduct going forward and have that agreement so ordered by the Court.
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`Mr. Shore Violated Rule 4.02(a): Under Rule 4.02(a), a lawyer cannot “cause or
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`encourage” another to communicate with a represented party without the consent of the
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`represented party’s lawyer.
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`-3-
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`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 5 of 8 PageID #: 10441
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`Mr. Shore Violated the Protective Order:
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`-4-
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`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 6 of 8 PageID #: 10442
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`Mr. Shore Improperly Threatened Criminal Liability:
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`-5-
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`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 7 of 8 PageID #: 10443
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`DATED: October 17, 2018
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`Respectfully submitted,
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`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
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`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
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`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
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`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
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`Attorneys for Defendants
`SAMSUNG ELECTRONICS CO., LTD AND
`SAMSUNG ELECTRONICS AMERICA,
`INC.
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`-6-
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`Case 2:17-cv-00140-WCB-RSP Document 220 Filed 10/19/18 Page 8 of 8 PageID #: 10444
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`CERTIFICATE OF SERVICE
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`I hereby certify that a true and correct copy of the foregoing document was filed
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`electronically in compliance with Local Rule CV-5 on October 17, 2018. As of this date, all
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`counsel of record had consented to electronic service and are being served with a copy of this
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`document through the Court’s CM/ECF system under Local Rule CV-5(a)(3)(A) and by email.
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` /s/ Barry Sher
`Barry Sher
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`CERTIFICATE OF AUTHORIZATION TO SEAL
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`I hereby certify that under Local Rule CV-5(a)(7), the foregoing document is filed under
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`seal pursuant to the Court’s protective order entered in this matter.
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`/s/ Barry Sher
`Barry Sher
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`-7-
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