sd-681990 

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

HEMLOCK SEMICONDUCTOR

CORPORATION, et al., 

Plaintiffs,

v.

KYOCERA CORPORATION,

Defendant.

Case No. 15-CV-11236 (TLL) (PTM)

Honorable Thomas L. Ludington

KYOCERA CORPORATION,

Counterclaimant, 

v.

HEMLOCK SEMICONDUCTOR

CORPORATION, et al., 

Counterdefendants. 

DEFENDANT KYOCERA CORPORATION’S

MOTION TO EXPEDITE BRIEFING SCHEDULE AND

CONSIDERATION OF ITS MOTION TO COMPEL DISCOVERY

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Defendant Kyocera Corporation (“Kyocera”) respectfully moves the Court 

to expedite the briefing schedule and consideration of its Motion to Compel 

Discovery.

1. Kyocera served the discovery requests at issue in its Motion to Compel 

on July 23, 2015 and initially moved to compel responses on October 8, 2015 (Doc. 

No. 45.) 

2. While Kyocera’s prior motion was pending, the Court issued an order 

dismissing certain counterclaims, and denied Kyocera’s motion to clarify that 

Order. (See Doc. Nos. 61 and 75.) Kyocera then withdrew its October 8, 2015 

Motion to Compel because a number of the requests at issue in that motion were 

mooted by the Court’s Order. 

3. The Court consolidated this action with a related action (Doc. No. 82) 

and the parties filed amended pleadings (Doc. Nos. 85, 89, 101) that were finalized 

by Hemlock’s May 2, 2016 answer to Kyocera’s amended counterclaims (Doc. No. 

101). 

4. On May 10, 2016—after the pleadings were finalized and the 

remaining issues in the case were settled—Kyocera withdrew approximately half of 

its requests for production, narrowed the scope of a number of other requests, and 

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asked Hemlock to comply with the requests. (See AvE Decl.1 Ex. A.) Hemlock

responded in writing a week later, and largely refused to comply. (See AvE Decl. 

Ex. B.) The parties met and conferred telephonically on May 20, 2016 and 

Hemlock did not change its position. (See AvE Decl. ¶ 6) 

5. Kyocera filed a Motion to Compel on May 31, 2016, concurrently with 

this motion. Kyocera’s Motion to Compel seeks information directly relevant to its 

counterclaims and defenses.

6. As explained above, Kyocera has been diligent.

7. Under the Court’s Scheduling Order, the discovery cutoff in this case 

is set for August 15, 2016—less than three months away. (Doc. No. 94.) Fact 

depositions will soon commence, and have been noticed throughout June and July. 

Kyocera’s expert disclosures are currently due by July 13, 2016 (id.), although the 

parties have reached an agreement to adjust the expert deadlines by a few weeks 

such that Hemlock’s expert disclosures would be due by July 8 and Kyocera’s by 

August 12. 

8. The information sought by Kyocera’s Motion is vital to Kyocera’s 

deposition of Hemlock’s witnesses, expert reports, and to its defenses and 

counterclaims in this case. Given the pending expert and discovery deadlines, it is 

 

1 Declaration of Christian Andreu-von Euw in support of the concurrently filed 

Motion to Compel.

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imperative that Hemlock timely respond to Kyocera’s Motion to Compel Discovery 

and that the Court resolve this discovery dispute.

9. Under Local Rule 7.1, briefing on Kyocera’s Motion to Compel 

Discovery would not conclude until June 21, 2016. This is less than one month 

before Kyocera’s expert disclosures are currently due, and less than two months 

before the discovery cutoff in this case. 

10. The Court will not be able to resolve this matter until after the briefing 

is concluded. It is important that the parties obtain a resolution of this matter long 

before the discovery cutoff so that they can serve additional, appropriate discovery, 

with adequate time for responses, if necessary. If the Court grants Kyocera’s 

Motion to Compel, Hemlock will have an additional 10 days to produce the 

requested documents. This brings the parties even closer to the expert and 

discovery deadlines.

11. Hemlock will not be prejudiced by expediting the briefing schedule. 

Kyocera and Hemlock have been discussing the discovery requests at issue for the 

past several months. 

12. Pursuant to Local Rule 7.1(a), Kyocera sought concurrence from 

Hemlock on this Motion on May 27, 2016 and despite reasonable efforts was 

unable to conduct a conference. Kyocera offered to hold a telephone conference to 

discuss its request with Hemlock but, on May 31, 2016, Hemlock notified Kyocera 

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that it does not concur in this Motion and did not indicate a desire for further

discussions. Given the time sensitive nature of this motion, Kyocera could not 

delay filing any longer.

13. Kyocera respectfully requests that the Court enter an order requiring 

Hemlock to respond to Kyocera’s motion by June 7, 2016 and Kyocera to file a 

reply by June 14, 2016.

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Dated: May 31, 2016 Respectfully submitted,

By: /s/ Christian Andreu-von Euw 

Gregory P. Stone

Daniel B. Levin

Erin J. Cox

Bryan H. Heckenlively

Emily Curran-Huberty

Munger, Tolles & Olson LLP

355 South Grand Avenue

Los Angeles, CA 90071

Tel: (213) 683-9528 

gregory.stone@mto.com

daniel.levin@mto.com 

erin.cox@mto.com 

bryan.heckenlively@mto.com 

emily.curran-huberty@mto.com 

David C. Doyle

William V. O’Connor

Christian G. Andreu-von Euw

Morrison & Foerster LLP

12531 High Bluff Drive

San Diego, CA 92130-2040 

Tel: (858) 720-5100 

ddoyle@mofo.com 

woconnor@mofo.com 

christian@mofo.com

Robert A. Hahn (P28193)

Jungerheld, Hahn & Washburn, P.C.

P.O. Box 6128

Saginaw, MI 48608-6128 

Tel: (989) 790-0000 

r.hahn@ameritech.net

Keefe A. Brooks (P31680)

Brooks Wilkins Sharkey & Turco, PLLC

401 S. Old Woodward, Suite 400

Birmingham, MI 48009

Tel: (248) 971-1800 

brooks@bwst-law.com

Attorneys for Defendant and Counterclaimant

Kyocera Corporation

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CERTIFICATE OF SERVICE

I certify that on May 31, 2016, I caused a copy of the foregoing to be filed 

electronically and that the document is available for viewing and downloading 

from the ECF system. Participants in the case who are registered CM/ECF users 

will be served by the CM/ECF system.

By: /s/ Christian Andreu-von Euw 

Christian Andreu-von Euw

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UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF MICHIGAN

NORTHERN DIVISION

HEMLOCK SEMICONDUCTOR

CORPORATION, et al., 

Plaintiffs,

v.

KYOCERA CORPORATION,

Defendant.

Case No. 15-CV-11236 (TLL) (PTM)

Honorable Thomas L. Ludington

KYOCERA CORPORATION,

Counterclaimant, 

v.

HEMLOCK SEMICONDUCTOR

CORPORATION, et al., 

Counterdefendants. 

DEFENDANT KYOCERA CORPORATION’S

BRIEF IN SUPPORT OF ITS MOTION TO EXPEDITE BRIEFING 

SCHEDULE AND CONSIDERATION OF ITS

MOTION TO COMPEL DISCOVERY

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For the reasons and upon the authority stated in the accompanying Motion, 

Defendant Kyocera Corporation (“Kyocera”) respectfully requests that this Court 

grant Kyocera’s Motion and enter an order expediting the briefing schedule and 

consideration of Kyocera’s Motion to Compel Discovery.

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Dated: May 31, 2016 Respectfully submitted,

By: /s/ Christian Andreu-von Euw 

Gregory P. Stone

Daniel B. Levin

Erin J. Cox

Bryan H. Heckenlively

Emily Curran-Huberty

Munger, Tolles & Olson LLP

355 South Grand Avenue

Los Angeles, CA 90071

Tel: (213) 683-9528 

gregory.stone@mto.com

daniel.levin@mto.com 

erin.cox@mto.com 

bryan.heckenlively@mto.com 

emily.curran-huberty@mto.com 

David C. Doyle

William V. O’Connor

Christian G. Andreu-von Euw

Morrison & Foerster LLP

12531 High Bluff Drive

San Diego, CA 92130-2040 

Tel: (858) 720-5100 

ddoyle@mofo.com 

woconnor@mofo.com 

christian@mofo.com

Robert A. Hahn (P28193)

Jungerheld, Hahn & Washburn, P.C.

P.O. Box 6128

Saginaw, MI 48608-6128 

Tel: (989) 790-0000 

r.hahn@ameritech.net

Keefe A. Brooks (P31680)

Brooks Wilkins Sharkey & Turco, PLLC

401 S. Old Woodward, Suite 400

Birmingham, MI 48009

Tel: (248) 971-1800 

brooks@bwst-law.com

Attorneys for Defendant and Counterclaimant

Kyocera Corporation

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CERTIFICATE OF SERVICE

I certify that on May 31, 2016, I caused a copy of the foregoing to be filed 

electronically and that the document is available for viewing and downloading 

from the ECF system. Participants in the case who are registered CM/ECF users 

will be served by the CM/ECF system.

By: /s/ Christian Andreu-von Euw 

 Christian Andreu-von Euw

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