Epic Games, Inc. v. Apple Inc.

Filing 339

DISCOVERY ORDER by Magistrate Judge Thomas S. Hixson denying 338 Discovery Letter Brief. (rmm2S, COURT STAFF) (Filed on 2/15/2021)

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Case 4:20-cv-05640-YGR Document 339 Filed 02/15/21 Page 1 of 2 FILED Feb 15 2021 1 SUSANY. SOONG CLERK, U.S. DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 EPIC GAMES, INC., Plaintiff and Counter- 8 9 United States District Court Northern District of California Re: Dkt. No. 338 v. APPLE INC., Defendant and 12 13 DISCOVERY ORDER Defendant, 10 11 Case No. 20-cv-05640-YGR (TSH) Counterclaimant. 14 A little after 9:30 p.m. last night the parties filed a joint discovery letter brief in which 15 16 Apple seeks a two-day extension of time to serve its expert reports for the three Apple experts who 17 rely on certain data regarding Fortnite users. (Apple says it will serve its remaining expert reports 18 by the existing deadline, which is today). ECF No. 338. The February 15, 2021 deadline to serve opening expert reports was set by Judge Gonzalez 19 20 Rogers in her case scheduling order at ECF No. 116. As the Court explained in response to a 21 previous request by Apple to extend the fact discovery cutoff: “So here is the deal. Judge 22 Gonzalez Rogers sets the case schedule, and then I manage discovery within the boundaries that 23 she sets. . . [¶] So I hear the two sides’ points of view on whether the deadline should be extended. 24 I’m happy to listen to whatever you have to say. There is simply nothing I can do about that.” 25 ECF No. 300 at 53. 26 To repeat: the undersigned magistrate judge has no power to alter the deadlines in Judge 27 Gonzalez Rogers’ case scheduling order. If Apple wants this relief, it must ask the district judge 28 for it. Case 4:20-cv-05640-YGR Document 339 Filed 02/15/21 Page 2 of 2 1 Apple’s request is therefore denied without considering it on the merits. 2 IT IS SO ORDERED. 3 4 Dated: 2/15/2021 5 THOMAS S. HIXSON United States Magistrate Judge 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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