Rao et al v. Apple Inc.

Filing 89

Order by Magistrate Judge Virginia K. DeMarchi re 85 Discovery Letter Brief re Apple's Responses to Plaintiffs' Interrogatories. (vkdlc1S, COURT STAFF) (Filed on 2/19/2019)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 SAN JOSE DIVISION 7 Case No.18-cv-02813-EJD (VKD) 8 9 10 IN RE: MACBOOK KEYBOARD LITIGATION Re: Dkt. No. 85 11 United States District Court Northern District of California ORDER RE FEBRUARY 11, 2019 DISCOVERY DISPUTE 12 13 Plaintiffs seek an order compelling defendant Apple, Inc. to supplement its response to 14 plaintiffs’ Interrogatories Nos. 4-5 and 9-12. The parties agree that supplementation is required; 15 they disagree regarding the date by which supplementation will be made. 16 The Court is pleased the parties have resolved their disputes regarding the substance of 17 these interrogatories. Having accomplished that feat, the Court is somewhat baffled that the 18 timing of supplementation could not be resolved without the Court’s intervention. The Court is 19 sympathetic to plaintiffs’ expressed frustration with what it perceives as Apple’s lack of 20 commitment to a date certain, but the Court is not persuaded that plaintiffs are prejudiced by 21 waiting until March 22, 2019, the date Apple says it “anticipates” being ready to supplement its 22 interrogatory answers, particularly when no case management deadlines have been set in the case. 23 On the other hand, Apple’s explanation for why it requires until March 22 to supplement its 24 interrogatories answers is a bit thin, consisting essentially of general assertions that the answers 25 require “complex” queries and analysis or the review and analysis of information that is “not 26 easily accessible.” Dkt. No. 85 at 4–6. 27 Giving Apple the benefit of the doubt that it requires until March 22, 2019 to complete the 28 necessary investigation, the Court orders Apple to supplement its responses to Interrogatories Nos. 1 2 3 4-5 and 9-12 by no later than March 22, 2019. IT IS SO ORDERED. Dated: February 19, 2019 4 5 VIRGINIA K. DEMARCHI 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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