Facebook Doesn't Want to Give Apple Requested Documents in Epic v. Apple Fight [Updated]

Facebook and Apple are squabbling over document requests in the ongoing Epic v. Apple legal battle, according to a new discovery letter filed with the court today. Facebook is involved because Facebook executive Vivek Sharma is set to testify on behalf of Epic.

fortnite apple featured
Apple wants a "limited set of documents" that are needed for a fair cross examination of Sharma, who plans to testify about Apple's restrictions on iOS app distribution, the App Store process, and Facebook's interactions with Apple, but Facebook does not want to produce the documents that Apple is asking for.

There are apparently more than 17,000 documents related to Sharma that Apple feels are relevant in the case, but Facebook says that producing tens of thousands of documents is an "untimely, unfair, and unjustified request to redo fact discovery." Facebook has already provided Apple with more than 1,600 documents, including 200 involving Sharma, but Apple does not believe that is sufficient.

According to Apple, Facebook has been continually ignoring requests for documents and using delaying tactics. Apple says it served multiple subpoenas 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 ultimately agreed not to pursue additional documents if no Facebook executives testified, but Epic added Sharma to its witness list, and Apple again wants the documents.

Despite Facebook's knowledge of the time constraints in this action, it stalled for five days purportedly because "there is unavoidable technical processing time baked in to" investigating the burden of production, and finally admitted on March 29 it did not intend to produce more documents.

Facebook claims that Apple waited to ask for the documents after the discovery period had closed (and before Apple confirmed Sharma would be a witness), making the timing of the request "improper." Facebook also claims that Apple is asking for additional unrelated documents pertaining to iOS 14 and Facebook's response to App Tracking Transparency that are irrelevant to the case.

If Apple believed that production was insufficient in any way, it had every opportunity to move to compel within 7 days of the close of discovery as required by the Court's Rules. Apple chose not to, making this motion untimely. Instead, claiming surprise by Epic's disclosure of Mr. Sharma as a trial witness--even though Epic's complaint quoted him by name--Apple now demands that Facebook review and produce an enormous number of additional documents.

Apple is asking the court to order Facebook to comply with Apple's request for Facebook's documents so that "Apple has a fair opportunity to cross examine the newly-disclosed trial witness." Facebook argues that it should not be compelled to "review tens of thousands more documents because Apple wants to go fishing for some theoretical additional cross material," and therefore the court should deny the request.

Update: The court has denied Apple's request to compel Facebook to produce additional documents, calling it "untimely" and ruling in favor of Facebook. The judge said that Apple could, however, raise a motion to have Vivek Sharma dismissed as a witness if Epic failed to disclose him in a timely manner.


Popular Stories

iPhone 16 Pro Sizes Feature

iPhone 16 Series Is Just Two Months Away: Everything We Know

Monday July 15, 2024 4:44 am PDT by
Apple typically releases its new iPhone series around mid-September, which means we are about two months out from the launch of the iPhone 16. Like the iPhone 15 series, this year's lineup is expected to stick with four models – iPhone 16, iPhone 16 Plus, iPhone 16 Pro, and iPhone 16 Pro Max – although there are plenty of design differences and new features to take into account. To bring ...
macbook pro january

Best Buy's Black Friday in July Sale Takes Up to $700 Off M3 MacBook Pro for Members

Monday July 15, 2024 11:05 am PDT by
Best Buy's "Black Friday in July" sale is in full swing today, and in addition to a few iPad Air discounts we shared earlier, there are also some steep markdowns on the M3 MacBook Pro. You will need a My Best Buy Plus or Total membership in order to get some of these deals. Note: MacRumors is an affiliate partner with Best Buy. When you click a link and make a purchase, we may receive a small...
ipaos 18 image playground

Apple Releases First iOS 18 and iPadOS 18 Public Betas

Monday July 15, 2024 1:16 pm PDT by
Apple today provided the first betas of iOS 18 and iPadOS 18 to public beta testers, bringing the new software to the general public for the first time since the Worldwide Developers Conference in June. Apple has seeded three developer betas so far, and the first public beta includes the same content that's in the third developer beta. Subscribe to the MacRumors YouTube channel for more videos. ...
maxresdefault

Apple's AirPods Pro 2 vs. Samsung's Galaxy Buds3 Pro

Saturday July 13, 2024 8:00 am PDT by
Samsung this week introduced its latest earbuds, the Galaxy Buds3 Pro, which look quite a bit like Apple's AirPods Pro 2. Given the similarities, we thought we'd compare Samsung's new earbuds to the AirPods Pro. Subscribe to the MacRumors YouTube channel for more videos. Design wise, you could potentially mistake Samsung's Galaxy Buds3 Pro for the AirPods Pro. The Buds3 Pro have the same...
Beyond iPhone 13 Better Blue Face ID Single Camera Hole

10 Reasons to Wait for Next Year's iPhone 17

Monday July 8, 2024 5:00 am PDT by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models simultaneously, which is why we sometimes get rumored feature leaks so far ahead of launch. The iPhone 17 series is no different – already we have some idea of what to expect from Apple's 2025 smartphone lineup. If you plan to skip...
Generic iOS 18 Feature Real Mock

Apple Seeds Revised Third Betas of iOS 18 and iPadOS 18 to Developers

Monday July 15, 2024 10:09 am PDT by
Apple today seeded updated third betas iOS 18 and iPadOS 18 to developers for testing purposes, with the software coming a week after Apple initially released the third betas. Registered developers are able to opt into the betas by opening up the Settings app, going to the Software Update section, tapping on the "Beta Updates" option, and toggling on the ‌iOS 18/iPadOS 18‌ Developer Beta ...

Top Rated Comments

Glideslope Avatar
43 months ago
Just purge Facebook from this planet.
Score: 39 Votes (Like | Disagree)
ch02ce Avatar
43 months ago
Epic games has a logo - must we see these characters again and again?
Score: 36 Votes (Like | Disagree)
PJWilkin Avatar
43 months ago
If they refuse again, add Zuckerberg to the list
Score: 23 Votes (Like | Disagree)
benshive Avatar
43 months ago
Facebook is just pissed and retaliating because Apple's going to let people decide not to be tracked in an upcoming version of iOS. Not surprising given the company's apparent aversion to respecting their user's privacy and personal data in the slightest.
Score: 21 Votes (Like | Disagree)
TheYayAreaLiving ?️ Avatar
43 months ago
Facebook- you are becoming a joke.

Plan on moving ur whole operation to planet MARS.

Facebook is so useless.
Score: 14 Votes (Like | Disagree)
Ursadorable Avatar
43 months ago
The ONLY good thing that came out of Epic was Unreal and the Unreal Engine. Nothing good has come out of Facebook period. If both companies disappeared tomorrow, I wouldn't shed a tear.
Score: 13 Votes (Like | Disagree)