2049 Century Park Fast, Suite 2300

Los Angeles, CA 90067

310.556.1801

is)

NOEL S. COHEN (SBN; 219645)
neohen@polsinelli.com
POLSINELLI LLP

2049 Century Park East, Suite 2900
Los Angeles, CA 90067
Telephone: (310) 556-1801
Facsimile: (310) 556-1802

Attorneys for Third-Party Defendants

FUJIFILM HUNT SMART SURFACES, LLC;
FUJIFILM HUNT CHEMICALS U.S.A., INC.;
FUJIFILM HOLDINGS AMERICA CORPORATION

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

MATSON NAVIGATION COMPANY, INC. | Case No. 3:17-cv-00081 EDL

Plaintilt, (Assigned to the Honorable Elizabeth D.
Laporte)

ve
FUJIFILM HUNT SMART SURFACES,
THE SHERWIN-WILLIAMS COMPANY LLC, FUJIFTLM HUNT CHEMICALS
U.S.A., INC, AND FUJIFILM HOLDINGS
Defendant. AMERICA CORPORATIONS’
RESPONSE TO OBJECTION TO REPLY
EVIDENCE

THE SHERWIN-WILLIAMS COMPANY
Third-Party Plaintiff,
v.
FUJIFILM HUNT SMART SURFACES,
LLC; FUJIFILM HUNT CITIEMICALS

U.S.A., INC.; FUJIFILM HOLDINGS
AMERICA CORPORATION,

Third-Party Defendant. __ |

Third Party Defendants FUJIFILM unt Smart Surfaces, LLC, FUJIFILM Hunt
Chemicals U.S.A., Inc. and FUJIFILM Holdings America Corporation (the “FUJIFILM Parties”)
hereby submit this response to the Objection to Reply Evidence filed by Third Party Plaintiff
Sherwin-Williams (“S-W”),

RESPONSE TO OBJECTION TO REPLY EVIDENCE

60114792.1



1
S-W is correct that the email attached as Exhibit A to the Declaration of Noel S. Cohen
2
appears to have been inadvertently sent to the wrong address. The FUJIFILM Parties apologize
3
for that error, S-W is incorrect, however, that it has not had the opportunity to address the
4
authorities cited in that email. While there were four cases identified in Mr. Cohen’s email, three
5
of those cases were included in a string cite. The lead case, and only case, quoted in the email,
6
was Farmers Ins. Exch. v, Portage La Prairie Mut. Ins, Co., 907 F.2d 911 (9th Cir. 1990).
7
This Ninth Circuit opinion may sound familiar. That is because despite apparently not
8
receiving Mr. Cohen’s email prior to filing its Opposition, Farmers Ins. Exchange is the most
9
cited case in S-W’s entire Opposition. Indeed, $-W relied on Farmers Ins. Exchange five
10
separate times. See Opposition at p. 9, 10, 11 and 15. Because S-W relied so heavily on this
11
case, the FUJIFILM Parties would necessarily have had to address that authority on Reply,
12
regardless of whether the case was raised in the moving papers. After repeatedly relying on
13
Farmers Ins. Exchange in its Opposition, S-W’s contention that it did not have the opportunity to
14
address Farmers Ins. Exchange and those cases in accord with it is not well taken.
15
For all the forgoing reasons, the FUJIFILM parties respectfully request that the Court
16
o overrule S-W’s objection and consider all evidence before it in ruling on the Motion to Dismiss.
17
g 3 18 |} Dated: August 23, 2017 POLSINELLI LLP
ae
BE 19
20
3 By: ls. c
2 24 y Noel 8. Cohen
22 Attorneys for Third-Party Defendants
FUJIFILM HUNT SMART
23 SURFACES, LLC;
‘id FUJIFILM HUNT CHEMICALS
U.S.A, INC.;
25 FUJIFILM HOLDINGS AMERICA
CORPORATION
26
27
28
“RESPONSE TO OBJECTION TO REPLY EVIDENCE =
601147921



Polsinelli LLP
2049 Century Park East, Suite 2900

Los Angeles, CA 90067

RIN BRR ANI

CERTIFICATE OF SERVICE

Iam over the age of 18 and not a party to the within action; I am employed
by POLSINELLI LLP in the County of Los Angeles, California at 2049 Century
Park East, Suite 2900, Los Angeles, California 90067.

On August 23, 2017, I served the foregoing document(s) described as:

FUJIFILM HUNT SMART SURFACES, LLC, FUJIFILM HUNT
CHEMICALS U.S.A., INC. AND FUJIFILM HOLDINGS AMERICA
CORPORATIONS’ RESPONSE TO OBJECTION TO REPLY EVIDENCE

on the interested parties in this action by:
[X]_ By CM/ECF: I hereby certify that on this date, I electronically filed the
foregoing with the Clerk of the Court using the CM/ECF system which will send
notification of such filing to the email addresses denoted on the Electronic Mail
notice list, and I hereby certify that I have mailed the foregoing document or paper
via the United States Postal Service to the non-CM/ECF participants (if any)
indicated on the Manual Notice list/Service List.
[X] (Federal) I declare under penalty of perjury under the laws of the State of
California and under the laws of the United States of America that the above is true
and correct.

Executed on August 23, 2017, at Los Angeles, California.

/s/ Noel Cohen
Noel Cohen

CERTIFICATE OF SERVICE