Facebook and Apple are discussing document requests in the Epic legal battle against Apple, according to a new letter of discovery filed in court today. Facebook is involved because Facebook executive Vivek Sharma will have to testify on behalf of Epic.
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Apple wants a “limited set of documents” needed for a fair cross-examination of Sharma, which plans to testify about Apple’s restrictions on iOS app distribution, the App Store process and Facebook interactions with Apple, but Facebook does not want to produce the documents Apple requests.
Apparently, there are more than 17,000 Sharma-related documents that Apple considers relevant in the case, but Facebook says producing tens of thousands of documents is an “untimely, unfair and unjustified request to redo the discovery of facts.” Facebook has already provided Apple with more than 1,600 documents, including 200 with Sharma, but Apple doesn’t think that’s enough.
According to Apple, Facebook has been continually ignoring document requests and has used delay tactics. Apple says it sent several citations to Facebook starting in December and met with Facebook several times to narrow the scope of the requests, but Facebook has refused to produce many of the documents in question.
Apple was fed up with Facebook and finally agreed not to look for additional documents if no Facebook executive testified, but Epic added Sharma to its to-do list, and Apple wants the documents again.
Despite Facebook’s knowledge of the time constraints on this action, it stalled for five days presumably because “there is an inevitable technical processing time” to investigate the production load, and finally admitted on March 29 that it did not. intended to produce more documents.
Facebook claims that Apple waited to request the documents after closing the discovery period (and before Apple confirmed that Sharma would be a witness), making the timing of the request “inappropriate.” Facebook also claims that Apple is requesting additional documents unrelated to iOS 14 and Facebook’s response to transparency tracking apps that are irrelevant to the case.
If Apple believed that the production was insufficient in some way, it had every chance of becoming binding within 7 days of the closure of the discovery, as required by Court rules. Apple decided not to, making this move inappropriate. Instead, alleging surprise at Epic’s disclosure of Mr. Sharma as a witness to the trial, even though Epic’s complaint cited him by name, Apple is now demanding that Facebook review and produce a large number of additional documents.
Apple is asking the court to order Facebook to comply with Apple’s request for Facebook documents so that “Apple has a fair chance to cross-examine the recently revealed testimony of the trial.” Facebook argues that it should not be forced to “review tens of thousands of other documents because Apple wants to go look for some additional theoretical material” and therefore the court should deny the request.