Facebook and Apple quarrel over document requests in the ongoing Epic v. Apple lawsuit, according to a new discovery letter filed in court today. Facebook is involved because Facebook CEO Vivek Sharma will testify on behalf of Epic.
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Apple wants a “limited set of documents” needed for a fair cross-examination of Sharma, who plans to testify about Apple’s restrictions on the distribution of iOS apps, the App Store process and the interaction with Facebook with Apple , but Facebook does not want to produce. the documents Apple is asking for.
There are apparently more than 17,000 documents related to Sharma that Apple believes are relevant to the case, but Facebook says the production of tens of thousands of documents is an ‘untimely, unfair and unjustified request to make the discovery again’. Facebook has already provided more than 1,600 documents to Apple, including 200 regarding Sharma, but Apple does not believe that is sufficient.
According to Apple, Facebook has consistently ignored requests for documents and used delay tactics. Apple says it has made several subpoenas to Facebook since December and met with Facebook several times to limit the scope of the requests, but Facebook has refused to provide many of the documents involved.
Apple was fed up with Facebook and eventually agreed not to pursue additional documents if no Facebook executives testified, but Epic added Sharma to its witness list, and Apple wants the documents again.
Despite Facebook’s knowledge of the time constraints in this action, it allegedly stood still for five days because ‘there was inevitable technical processing time baked in’ to investigate the production burden, and finally conceded on March 29 that it did not intend to do more to deliver documents.
Facebook claims that Apple waited to request the documents after the discovery period closed (and before Apple confirmed that Sharma would be a witness), which made the timing of the request ‘improper’. Facebook also claims that Apple is asking for additional unrelated documents regarding iOS 14 and Facebook’s response to the transparency of applications that are irrelevant to the case.
If Apple considered the production to be inadequate in any way, he had every opportunity to enforce it within 7 days of the discovery period, as required by court rules. Apple chose not to do so, which made this motion untimely. Instead of claiming surprise by Epic’s announcement of Mr. Sharma as a trial witness – although Epic’s complaint quoted him by name – Apple is now demanding that Facebook review and deliver a huge number of additional documents.
Apple is asking the court to order Facebook to comply with Apple’s request to comply with Facebook’s documents, so that “Apple has a fair opportunity to cross-examine the newly public hearing witness.” Facebook argues that it should not be forced to “review tens of thousands more documents because Apple wants to go fishing for a theoretical additional cross material”, and therefore the court should reject the request.