Epic Games, Inc. v. Apple Inc.
Epic Games, Inc. v. Apple Inc.
Case 4:20-cv-05640 (N.D. Cal. 2025)
February 13, 2025

Hixson, Thomas S.,  United States Magistrate Judge

Attorney-Client Privilege
Form of Production
Special Master
Redaction
In Camera Review
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Summary
Both parties have filed objections to certain rulings made by the Special Masters regarding ESI. The Court has overruled some objections and declared others moot, with the parties given a deadline to resolve any remaining disputes. Apple has agreed to produce certain ESI, while Epic's objections have been overruled for several entries. The disputes over certain entries are ongoing.
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 February 13, 2025
Hixson, Thomas S., United States Magistrate Judge

DISCOVERY ORDER Re: Dkt. Nos. 1147, 1158, 1160, 1167, 1173, 1178, 1180

Epic and Apple have filed additional objections to certain of the Special Masters’ rulings. As the Court explained in ECF No. 157, 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 merely states what its orders are.

A. ECF No. 1147 (Epic’s January 30, 2025 Objections)

The dispute as to Entries 1072, 1073, 1074 and 1093 is moot, as Apple has agreed to produce those documents.

Apple states that it is willing to produce Entry 1046 with the same redactions as in Exhibit A if that will resolve the dispute. Epic shall file a statement within two days stating whether that offer resolves the dispute.

The Court ORDERS the parties to meet and confer to see if they can resolve their dispute over Entry 1219. The parties shall file a statement within two days stating whether they have resolved this dispute.

B. ECF No. 1158 (Apple’s January 31, 2025 Objections)

Apple’s objections are OVERRULED as to Entries 1808, 1809, 1815, 1973, 1974, 1975 and 1976.

C. ECF No. 1160 (Epic’s January 31, 2025 Objections) 

Epic’s objections are OVERRULED as to Entries 1580, 1581, 1582, 1583, 1584, 1585, 1586, 1587, 1588, 1589, 1593, 1578, 1803 and 2001. 

D. ECF No. 1167 (Epic’s February 3, 2025 Objections) 

Epic’s objections are OVERRULED as to Entries 1811 and 1844. The dispute over Entries 1929 and 1828 and their attachments is moot, as Apple has agreed to produce them. 

E. ECF No. 1173 (Apple’s February 4, 2025 Statement) 

The disputes concerning Entries 3281 and 3494 are moot. 

Apple’s objections are OVERRULED as to Entries 2929, 2933, 2939 and 3221. 

F. ECF No. 1178 (Epic’s February 5, 2025 Objections) 

The disputes as to Entries 88 and 123 are moot, as Apple has agreed to produce them. 

Epic’s objections are OVERRULED as to Entries 194, 195, 38, 91, 124, 523, 492, 493, 2205, 2206 and 2207. 

With respect to Entries 2167, 2168 and 2169, the paper copy of 2169 is too small to read, and it appears Apple has not provided the Court with an electronic copy. The Court ORDERS Apple to submit an electronic copy of 2169 for in camera review within two days. 

G. ECF No. 1180 (Apple’s February 5, 2025 Objections) 

Apple’s objections are OVERRULED as to Entries 2015 and 337. 

With respect to Entry 2023, Epic says that the Special Master found the parent document (Entry 2022) to be partially privileged, but Apple’s in camera submission does not indicate which portions of 2022 were held to be privileged. This may bear on 2023. The Court ORDERS Apple to submit in camera a version of 2022 that indicates what portions were found privileged by the Special Master. Apple shall submit this within two days. 

Apple’s objection is SUSTAINED as to Entry 2272. 

IT IS SO ORDERED.