Unites States of America v. Apple, Inc. et al

Filing 431

LETTER addressed to Judge Denise L. Cote from Lawrence E. Buterman dated January 8, 2014 re: Apple's Reply Memorandum. Document filed by United States of America.(Buterman, Lawrence)

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Lawrence E. Buterman Direct Dial: (202) 532-4575 Fax: (202) 616-8544 e-mail: lawrence.buterman@usdoj.gov Liberty Square Building 450 5th Street, NW Suite 4000 Washington, DC 20530 January 8, 2014 The Honorable Denise Cote United States District Judge, S.D.N.Y. Daniel P. Moynihan U.S. Courthouse 500 Pearl Street New York, NY 10007-1312 Re: United States v. Apple, Inc., et al., No. 12-cv-2826 (DLC) State of Texas v. Penguin Group (USA), Inc., No. 12-cv-3394 (DLC) Dear Judge Cote: Yesterday evening, Apple filed its “Reply in Support of Defendant Apple Inc.’s Motion by Order to Show Cause for a Stay of the Injunction Pending Appeal.” Pursuant to Section 3.B of this Court’s Individual Practices in Civil Cases, unless prior permission has been granted, reply memoranda are limited to 10 pages. In apparent contravention of Section 3.B, Apple’s reply brief is 15 pages long, and largely devoted to addressing arguments not raised in its initial papers.1 We respectfully submit that Apple’s reply brief should be stricken, and that Apple be ordered to submit a reply that comports with this Court’s Individual Practices and all applicable Rules. Respectfully Submitted, /s/ Lawrence E. Buterman Lawrence E. Buterman Copy: Apple’s Counsel 1 Apple certainly never requested permission or consent from the United States or Plaintiff States prior to filing its brief, nor to our knowledge did Apple ever approach the Court to seek prior permission.