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)

Lawrence E. Buterman
Direct Dial: [phone]
Fax: [phone]
e-mail: [e-mail]

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.