`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT TEXAS
`MARSHALL DIVISION
`
`
`Plaintiff,
`
`v.
`
`SLYDE ANALYTICS LLC,
`
`
`
`
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`
`
`
`
`
`
` Case No. 2-23-cv-00083-RWS-RSP
`
` JURY TRIAL DEMANDED
`
`Defendants.
`
`
`
`JOINT REPORT OF MEET AND CONFER REGARDING
`SAMSUNG’S MOTION TO COMPEL (D.I. 73)
`
`Pursuant to Discovery Order 9(d) (D.I. 29), Plaintiff Slyde Analytics LLC and Defendants
`
`Samsung Electronics Co., Ltd. and Samsung Electronics America, Inc. provide this joint report.
`
`Samsung filed a motion to compel on June 27, 2024. (D.I. 73). Slyde responded on July 12, 2024.
`
`(D.I. 77). On Friday, July 26, 2024 at 3 pm CDT, the Court set a hearing on the motion.
`
`The parties promptly sought to meet and confer within 72 hours of the notice of hearing
`
`(i.e., by Monday, July 29). After discussing the issues, the parties remain at an impasse on the
`
`relief requested in Samsung’s motion.
`
`In the 72-hour period following the Court’s order setting the motion, lead counsel for Slyde
`
`(Vincent Rubino) was only available to confer before 5 pm CDT on Friday, July 26. He was
`
`traveling internationally thereafter and could not be reached after that time through Monday, July
`
`29. Lead counsel for Samsung (Timothy Durst) was not available before 5 pm CDT on Friday.
`
`To best comply with Discovery Order 9(c), another senior outside counsel for Samsung, Mark
`
`Liang, attended in place of Mr. Durst, alongside local counsel for Samsung on Friday, July 26.
`
`1
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 80 Filed 07/29/24 Page 2 of 5 PageID #: 989
`
`Samsung respectfully requests leave to excuse its lead counsel from the meet and confer
`
`requirement of Discovery Order 9(c). Samsung’s outside counsel at the meet and confer, Mr.
`
`Liang, is well versed in the issues presented by the motion and had full decision-making authority
`
`with respect to the motion. Further, prior to filing its motion, lead and local counsels for Samsung
`
`met and conferred with Slyde pursuant to Discovery Order 9(c). Slyde does not oppose Samsung’s
`
`request for leave.
`
`
`Respectfully submitted,
`
`Dated: July 29, 2024
`
`Respectfully submitted,
`
`
`
`
`
` /s/ Vincent J. Rubino, III
`Alfred R. Fabricant
`NY Bar No. 2219392
`Email: ffabricant@fabricantllp.com
`Peter Lambrianakos
`NY Bar No. 2894392
`Email: plambrianakos@fabricantllp.com
`Vincent J. Rubino, III
`NY Bar No. 4557435
`Email: vrubino@fabricantllp.com
`Enrique W. Iturralde
`NY Bar No. 5526280
`Email: eiturralde@fabricantllp.com
`FABRICANT LLP
`411 Theodore Fremd Avenue,
`Suite 206 South
`Rye, New York 10580
`Telephone: (212) 257-5797
`Facsimile: (212) 257-5796
`
`John Andrew Rubino
`NY Bar No. 5020797
`Email: jarubino@rubinoip.com
`RUBINO IP
`51 J.F.K. Parkway
`Short Hills, New Jersey 07078
`Telephone: (973) 535-0920
`Facsimile: (973) 535-0921
`
`2
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 80 Filed 07/29/24 Page 3 of 5 PageID #: 990
`
`
`Samuel F. Baxter
`State Bar No. 01938000
`Email: sbaxter@mckoolsmith.com
`Jennifer L. Truelove
`State Bar No. 24012906
`Email: jtruelove@mckoolsmith.com
`MCKOOL SMITH, P.C.
`104 E. Houston Street, Suite 300
`Marshall, Texas 75670
`Telephone: (903) 923-9000
`Facsimile: (903) 923-9099
`
`ATTORNEYS FOR PLAINTIFF
`SLYDE ANALYTICS LLC
`
`
`/s/ Ryan Yagura
`
`Ryan Yagura (TX #24075933)
`ryagura@omm.com
`Nicholas Whilt (admitted pro hac vice)
`nwhilt@omm.com
`Grace McFee (admitted pro hac vice)
`gmcfee@omm.com
`O’MELVENY & MYERS LLP
`400 South Hope Street, 18th Floor
`Los Angeles, CA 90071
`Telephone: (213) 430-6000
`Facsimile: (213) 430-6407
`
`Timothy Durst (TX #786924)
`tdurst@omm.com
`Jeffery Baxter (TX #24006816)
`jbaxter@omm.com
`O’MELVENY & MYERS LLP
`2501 North Harwood Street
`Dallas, TX 75201
`Telephone: (972) 360-1927
`Facsimile: (972) 360-1901
`
`Brad Berg (admitted pro hac vice)
`bmberg@omm.com
`O’MELVENY & MYERS LLP
`610 Newport Center Drive, 17 Floor
`Newport Beach, CA 92660
`Telephone: (949) 823-6900
`
`3
`
`
`
`
`
`
`
`Case 2:23-cv-00083-RWS-RSP Document 80 Filed 07/29/24 Page 4 of 5 PageID #: 991
`
`Facsimile: (949) 823-6994
`
`Melissa R. Smith (TX #24001351)
`melissa@gillamsmithlaw.com
`GILLAM & SMITH, LLP
`303 South Washington Avenue
`Marshall, Texas 75670
`Telephone: (903) 934-8450
`Facsimile: (903) 934-9257
`
`ATTORNEYS FOR DEFENDANTS
`SAMSUNG ELECTRONICS CO., LTD., and
`SAMSUNG ELECTRONICS AMERICA,
`INC.
`
`
`
`
`
`
`4
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`Case 2:23-cv-00083-RWS-RSP Document 80 Filed 07/29/24 Page 5 of 5 PageID #: 992
`
`CERTIFICATE OF SERVICE
`
`
`
`The undersigned hereby certifies that a true and correct copy of the foregoing document
`
`has been served on July 29, 2024 to all counsel of record who are deemed to have consented to
`
`electronic service via the Court’s CM/ECF system.
`
`
`
`
`
`
`
`
`
` /s/ Melissa R. Smith
`
`
`
`
`5
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