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