Epic Games, Inc. v. Apple Inc.
Epic Games, Inc. v. Apple Inc.
Case 4:20-cv-05640 (N.D. Cal. 2025)
January 31, 2025

Hixson, Thomas S.,  United States Magistrate Judge

Attorney-Client Privilege
Special Master
Redaction
In Camera Review
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Summary
Both Epic and Apple have filed objections to certain rulings made by the Special Masters regarding ESI. The Court has sustained some of Epic's objections and overruled others, while Apple has had some of their objections sustained and others overruled. Apple has also been ordered to clarify their objection for one entry and has not provided documents for review in four entries. Both parties have until February 4, 2025 to resolve any remaining disputes.
Additional Decisions
EPIC GAMES, INC., Plaintiff,
v.
APPLE INC., Defendant
Case No. 20-cv-05640-YGR (TSH)
United States District Court, N.D. California
Filed January 31, 2025
Hixson, Thomas S., United States Magistrate Judge

DISCOVERY ORDER Re: Dkt. Nos. 1134, 1137

Epic and Apple have filed objections to certain of the Special Masters’ rulings. ECF Nos. 1134, 1137. As the Court explained at the January 31, 2025 hearing, the parties have filed so many objections to the Special Masters’ rulings that it is no longer feasible for the Court to write a reasoned order explaining its basis for sustaining or overruling each objection. Accordingly, the Court just states what its orders are.

A. ECF No. 1134 (Epic’s Objections)

Epic’s objections are SUSTAINED for the following entries: 601, 638, 639, 403.

Epic’s objections are OVERRULED for the following entries: 703, 704, 517, 518, 572, 573, 574, 575, 576, 577, 395, 396, 3188. 

Apple agrees to produce Entry 3132 and Entry 1588 (including its attachments) without redaction, mooting those disputes. 

Apple agrees to produce Entry 3403 with the same redactions as Exhibit F. Epic shall file a notice by February 4, 2025 if this does not resolve this dispute.

B. ECF No. 1137 (Apple’s Objections)

Apple’s objections are SUSTAINED for the following entries: 459, 3263, 3883, 1644, 1645. 

Apple’s objections are OVERRULED for the following entries: 3496, 1643, 1760, 3045, 3095, 3098, 3158, 3160, 3183, 2995, 3006, 3380, 3399, 3405, 3016, 3103, 3318, 3358, 3360, 3334, 3105, 3215, 3218, 3224, 3248, 3249, 3251, 3252, 482, 483, 1775, 486, 3042, 3048, 1636, 2943, 2947, 2951, 2965, 2977, 2981, 3004, 3008, 3052, 3124, 3349, 3350, 3351, 3374, 3463, 3114, 3115, 3988. 

For Entry 3281, Epic states that the Special Master upheld all of Apple’s privilege redactions but one. Apple’s objection makes it sound like the Special Master overruled all of Apple’s redactions. The Court ORDERS Apple to file a statement by February 4, 2025 stating what the Special Master ruled and to clarify what it is objecting to. 

For Entries 2929, 2933, 2939 and 3221, Apple did not provide the documents for in camera review. Instead Apple provided a slip sheet stating that the document was produced in native format. The Court ORDERS Apple to provide these documents for in camera review by February 4, 2025. 

Epic states that Apple’s objection concerning Entry 3494 is moot, as the Special Master reversed his rejection of Apple’s claim of privilege. If Apple does not think its objection is moot, it shall file a notice by February 4, 2025 so stating and explaining its view. 

The Court REMANDS Entries 3480 and 3486 to the Special Master to clarify his rulings. 

IT IS SO ORDERED. 

Dated: January 31, 2025