During a hearing conducted via Zoom on Monday, February 1, in Apple vs. Epic lawsuit, the Judge described Apple as “frustrating and unsatisfactory”, and ordered the company to produce payment processing documentation.
US Magistrate Judge Thomas S. Hixon overseeing the preparatory hearings of the Apple vs Epic Games case. Reportedly, the judge ordered Apple to make “best efforts” to produce key documents. He further added that he was stopping short of creating contempt of court motion, but was critical of Apple’s response to document requests.
Epic vs Apple: Judge described Apple as “frustrating and unsatisfactory,” and orders it to produce payment processing documentation
Following the ruling over Tim Cook’s forthcoming deposition, Epic Games has requested a series of internal Apple payment-processing documents. Apple’s counsel, Jay Srinivasan of Gibson Dunn & Crutcher argued that given the large size of the company, such documents take time to be presented. Srinivasan also claimed that Apple has been doing the best it can, given that Epic Games has not prioritized its requests.
Judge Hixson reportedly told Srinivasan, “You’re not really offering a solution to this problem. You’re just saying, ‘No we can’t do it. That feels frustrating and unsatisfactory to me.”
Srinivasan argued that Apple has produced 10 million documents during discovery, compared to Epic Game’s 5 million documents. He further stated that some of the information Epic Games are asking for, might already be included in the produced documentation, and notes that the Fortnite developer still owes some requested information.
Epic Games counsel Lauren Moskowitz of Cravath Swaine & Moore claimed that “there are many things counsel said that are just flat wrong.” She said that Apple might be hoping to limit the deposition of Eddy Cue and Craig Federighi to seven hours.
In order to avoid disrupting Federighi and Cue’s schedules, Apple’s counsel Srinivasan said that it client reasons was that a seven-hour deposition could be accomplished in a single day but a ten-hour deposition would require two days. Judge Hixson stated that ruling on the matter before Apple formally asked it would be premature. The next hearing has been set for Friday 5, 2021.
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