`
`
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.,
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`Plaintiff,
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`vs.
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`APPLE INC.,
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`Defendant.
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` Civil Action No. 5:19-cv-00036-RWS
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`JURY TRIAL DEMANDED
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`
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`DECLARATION OF LUANN SIMMONS IN SUPPORT OF
`DEFENDANT APPLE INC.’S MOTION FOR PROTECTIVE ORDER
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`I, Luann L. Simmons, hereby declare as follows:
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`1.
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`I am an attorney at the law firm of O’Melveny & Myers LLP, counsel for Apple,
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`Inc. (“Apple”) in this matter filed by Maxell, Ltd. (“Maxell”). I have personal knowledge of the
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`facts stated herein and if called to testify could and would competently testify thereto.
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`2.
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`Andrew N. Stein is Senior Litigation Counsel at Apple. He has been and is
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`currently responsible for managing Maxell, Ltd. v. Apple Inc. (No. 5:19-cv-00036-RWS). He
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`conducts regular meetings with Apple’s outside counsel for this case, such as myself and other
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`attorneys at O’Melveny & Myers LLP, to discuss the status of this case and plan Apple’s litigation
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`strategy. He also manages the day-to-day activities of Apple’s outside counsel, including myself
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`and other attorneys at O’Melveny & Myers LLP.
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`3.
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`Mr. Stein has attended multiple court hearings in this case, along with myself and
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`other counsel for Apple, including the June 19, 2019, Scheduling Conference in this case, the
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`August 28, 2019, hearing on Apple’s Motion to Dismiss, and the September 17, 2019, hearings on
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`Apple’s Motion to Transfer and Maxell’s Motion to Compel.
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`4.
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`During the September 17, 2019 hearing, outside counsel for Apple stated:
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`1
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`Case 5:19-cv-00036-RWS Document 119-1 Filed 11/07/19 Page 2 of 5 PageID #: 5290
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`5.
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`6.
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`Maxell served a Notice of Deposition to Andrew Stein on October 8, 2019.
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`Maxell served a Notice of Rule 30(B)(6) Deposition of Defendant Apple Inc. on
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`October 8, 2019, which included the following topics:
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`Topic No. 34: Apple’s creation, acquisition, retention, or storage of (or ability to
`acquire, retain, and store) any Documents that relate to the identity, design,
`structure, development, operation, and functionality of the Accused Features or
`Functions of the Accused Products . . . .
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`Topic No. 57: Your system(s) and method(s) for tracking the identity and costs of
`the Implicated Components used in the Accused Products and the Persons with
`knowledge thereof.
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`Topic No. 83: Defendant’s responses to all written discovery requests, including
`any interrogatory served on Defendant in the Litigation, including the bases
`therefore, and the Persons with knowledge thereof.
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`
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`7.
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`Apple requested that Maxell withdraw Maxell’s notice to depose Andrew Stein by
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`letter dated October 11, 2019.
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`8.
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`9.
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`Maxell refused by letter dated October 16, 2019.
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`Attached as Exhibit A are excerpts of a true and correct copy of the non-final,
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`rough transcript of a meeting-and-confer held on November 4, 2019.
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`I declare under the penalty of perjury that the foregoing is true and correct. Executed in
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`San Francisco, California, on this 5th day of November, 2019.
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`/s/ Luann L. Simmons
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`Luann L. Simmons
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`2
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`Case 5:19-cv-00036-RWS Document 119-1 Filed 11/07/19 Page 3 of 5 PageID #: 5291
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`Exhibit A
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`11/4/19 Meet-and-Confer Rough Transcript at 10:14-11:16
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`3
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`Case 5:19-cv-00036-RWS Document 119-1 Filed 11/07/19 Page 4 of 5 PageID #: 5292
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`Exhibit A
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`11/4/19 Meet-and-Confer Rough Transcript at 12:13-13:14
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`4
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`Case 5:19-cv-00036-RWS Document 119-1 Filed 11/07/19 Page 5 of 5 PageID #: 5293
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`Exhibit A
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`11/4/19 Meet-and-Confer Rough Transcript at 15:6-19
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`11/4/19 Meet-and-Confer Rough Transcript at 16:8-19
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`5
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