WHEREAS, on December 23, 2024, the Court entered the Joint Stipulation and Order Approving Privilege Re-Review Protocol (the “Protocol”) (Dkt. 1092);

WHEREAS, the Protocol establishes certain deadlines related to the re-review by Apple Inc. (“Apple”) of all documents over which it has asserted privilege;

WHEREAS, the evidentiary hearing in this proceeding is scheduled to resume on February 24, 2025; and

WHEREAS, the Parties wish to modify certain deadlines in the Protocol in order to best facilitate the Parties’ preparation for and presentation at the evidentiary proceedings;

THEREFORE, IT IS STIPULATED AND AGREED THAT:

1. Apple will produce by Tuesday, February 18, 2025, all documents that Apple sought to redact and for which Apple’s proposed redactions were upheld by the Special Masters up to and including Saturday, February 15, 2025;

2. Apple will endeavor to produce by Tuesday, February 18, 2025, but will produce no later than Wednesday, February 19, 2025, all documents for which a privilege claim was overruled by the Special Masters up to and including Saturday, February 15, 2025, except such documents (if any) regarding which Apple intends to object to the Special Masters’ ruling;

3. Apple will endeavor to produce within three (3) calendar days all documents Apple sought to redact and for which Apple’s proposed redactions were upheld by the Special Masters or by Magistrate Judge Hixson from February 16 up to and including February 20;

4. Apple will endeavor to produce within three (3) calendar days all documents downgraded by Magistrate Judge Hixson during the week of February 16, 2025, except such documents (if any) regarding which Apple intends to move for relief from Judge Hixson’s ruling(s);

5. The deadline in paragraph 4(a) of the Protocol for any objections to the privilege rulings of the Special Masters due from February 20, 2025 through March 2, 2025 is tolled by 11 days;

6. If either party elects to file objections in the period from February 20 through March 2, the opposing party’s time to respond is extended to March 4, 2025;

7. This order shall not affect any deadlines to respond to objections filed before February 20. 

PURSUANT TO THE FOREGOING STIPULATION AND GOOD CAUSE APPEARING, IT IS SO ORDERED.

Dated: February 19, 2025