In Re: MacBook Keyboard Litigation

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)

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