THE APPLE IPOD ITUNES ANTI-TRUST LITIGATION, C 05-00037 YGR. (2014)
Court: District Court, N.D. California
Number: infdco20141119b42
Visitors: 21
Filed: Nov. 18, 2014
Latest Update: Nov. 18, 2014
Summary: [PROPOSED] ORDER REGARDING DISCOVERY DESIGNATIONS AND OBJECTIONS (AMENDED) *AS MODIFIED BY THE COURT* YVONNE GONZALEZ ROGERS, District Judge. This matter came before the Court on October 29, 2014 for hearing. Having considered the parties' submissions and for good cause appearing, IT IS HEREBY ORDERED: APPLE'S DISCOVERY DESIGNATIONS WITH PLAINTIFFS' OBJECTIONS AND COUNTERDESIGNATIONS AND APPLE'S OBJECTIONS AND COUNTER-COUNTER DESIGNATIONS No. Form of Excerpt
Summary: [PROPOSED] ORDER REGARDING DISCOVERY DESIGNATIONS AND OBJECTIONS (AMENDED) *AS MODIFIED BY THE COURT* YVONNE GONZALEZ ROGERS, District Judge. This matter came before the Court on October 29, 2014 for hearing. Having considered the parties' submissions and for good cause appearing, IT IS HEREBY ORDERED: APPLE'S DISCOVERY DESIGNATIONS WITH PLAINTIFFS' OBJECTIONS AND COUNTERDESIGNATIONS AND APPLE'S OBJECTIONS AND COUNTER-COUNTER DESIGNATIONS No. Form of Excerpt ..
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[PROPOSED] ORDER REGARDING DISCOVERY DESIGNATIONS AND OBJECTIONS (AMENDED)
*AS MODIFIED BY THE COURT*
YVONNE GONZALEZ ROGERS, District Judge.
This matter came before the Court on October 29, 2014 for hearing. Having considered the parties' submissions and for good cause appearing,
IT IS HEREBY ORDERED:
APPLE'S DISCOVERY DESIGNATIONS WITH PLAINTIFFS' OBJECTIONS AND COUNTERDESIGNATIONS AND APPLE'S OBJECTIONS AND COUNTER-COUNTER DESIGNATIONS
No. Form of Excerpt Designation in Dispute Court's Ruling on
Designation
21 Plaintiff Somtai Troy Response to Interrogatory [ ] Granted
Charoensak's response to No. 21 [ ] Denied
Defendant Apple's First [x] Granted with Modification:
Interrogatories, December [Appendix, Ex. A]
16, 20102
Objections in the Response
are OVERRULED.
______________________________
______________________________
6 Plaintiff Somtai Troy Response to Interrogatory [x] Granted
Charoensak's Additional No. 22 [ ] Denied
Responses to Apple's First [ ] Granted with Modification:
Interrogatories, March 7, [Appendix, Ex. B]
2011
______________________________
______________________________
______________________________
______________________________
A Plaintiffs' Plaintiff Somtai Troy [x] Granted
Counterdesignation Charoensak's Additional [ ] Denied
Objections and [ ] Granted with Modification:
Plaintiff Somtai Troy Responses to Defendant
Charoensak's Additional Apple Inc.'s First
Responses to Apple's First Interrogatories, dated ______________________________
Interrogatories, March 7, March 7, 2011, Response ______________________________
2011 to Interrogatory No. 1, ______________________________
pages 3:9-14; 3:25-17:17. ______________________________
[Appendix, Ex. B]
7 Plaintiff Melanie Tucker's Response to Interrogatory [x] Granted
Additional Responses to No. 22 [ ] Denied
Apple's First [ ] Granted with Modification:
Interrogatories, March 7, [Appendix, Ex. C]
2011
______________________________
______________________________
______________________________
______________________________
B Plaintiffs' Plaintiff Melanie Tucker's [ ] Granted
Counterdesignation Additional Responses to [x] Denied
Apple's First [ ] Granted with Modification:
Plaintiff Melanie Tucker's Interrogatories, dated
Additional Responses to March 7, 2011, Response
Apple's First to Interrogatory No. Objections identified therein
Interrogatories, March 7, 1, pages 3:9-14; 3:25-17:17 are SUSTAINED.
2011
[Appendix, Ex. C]
______________________________
______________________________
8 Plaintiff Mariana Rosen's Response to Interrogatory [x] Granted
Additional Responses to No. 22 [ ] Denied
Apple's First [ ] Granted with Modification:
Interrogatories, March 7, [Appendix, Ex. D]
2011
______________________________
______________________________
______________________________
______________________________
C Plaintiffs' Plaintiff Mariana Rosen's [ ] Granted
Counterdesignation Additional Responses to [x] Denied
Apple's First [ ] Granted with Modification:
Plaintiff Mariana Rosen's Interrogatories, dated
Additional Responses to March 7, 2011, Response
Apple's First to Interrogatory No. Objections identified therein
Interrogatories, March 7, 1, pages 3:9-14; 3:25-17:17 are SUSTAINED.
2011
[Appendix, Ex. D]
______________________________
______________________________
9 Deposition of Thomas Plaintiffs object to all of [x] Granted
Slattery, January 30, 2006 Apple's designations. [ ] Denied
[ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
28 Deposition of Thomas 148:7-148:9 [x] Granted
Slattery, January 30, 2006 [ ] Denied
[Appendix, Ex. E] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
D Plaintiffs' 149:18-23 [x] Granted
Counterdesignation [ ] Denied
[Appendix, Ex. E] [ ] Granted with Modification:
Deposition of Thomas
Slattery, January 30, 2006
______________________________
______________________________
______________________________
______________________________
29 Deposition of Thomas 155:1-155:3 [x] Granted
Slattery, January 30, 2006 [ ] Denied
[Appendix, Ex. E] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
31 Deposition of Thomas 265:7-266:1 [x] Granted
Slattery, January 30, 2006 [ ] Denied
[Appendix, Ex. E] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
32 Deposition of Thomas 301:25-302:11 [x] Granted
Slattery, January 30, 2006 [ ] Denied
[Appendix, Ex. E] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
I Plaintiffs' 302:12-21 [x] Granted
Counterdesignation [ ] Denied
[Appendix, Ex. E] [ ] Granted with Modification:
Deposition of Thomas
Slattery, January 30, 2006
______________________________
______________________________
______________________________
______________________________
36 Deposition of Somtai Plaintiffs object to all of [x] Granted
Charoensak, January 12, Apple's designations. [ ] Denied
2007 [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
41 Deposition of Somtai 76:24-77:7 [x] Granted
Charoensak, January 12, [ ] Denied
2007 [Appendix, Ex. F] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
43 Deposition of Somtai 81:20-82:3 [x] Granted
Charoensak, January 12, [ ] Denied
2007 [Appendix, Ex. F] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
44 Deposition of Somtai 89:18-91:10 [x] Granted
Charoensak, January 12, [ ] Denied
2007 [Appendix, Ex. F] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
51 Deposition of Melanie 8:11-8:15 [x] Granted
Tucker, October 26, 2007 [ ] Denied
[Appendix, Ex. G] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
65 Deposition of Melanie 86:3-86:4 [ ] Granted
Tucker, October 26, 2007 [x] Denied
[Appendix, Ex. G] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
66 Deposition of Melanie 86:23-87:19 [ ] Granted
Tucker, October 26, 2007 [x] Denied
[Appendix, Ex. G] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
69 Deposition of Melanie 98:20-99:10 [x] Granted
Tucker, October 26, 2007 [ ] Denied
[Appendix, Ex. G] [ ] Granted with Modification:
______________________________
______________________________
______________________________
______________________________
PLAINTIFFS' DISCOVERY DESIGNATIONS WITH APPLE'S OBJECTIONS AND COUNTERDESIGNATIONS AND PLAINTIFFS' OBJECTIONS AND COUNTER-COUNTER DESIGNATIONS
No. Form of Excerpt Designation in Dispute Ruling
1 Deposition of Steve Jobs, PAGE 7:11 TO 7:21 [ ] Granted
dated April 12, 2011
[ ] Denied
[Appendix, Ex. H]
[x] Granted with
Modification:
If the Court permits any part The Court will give the
of Mr. Jobs's deposition to following introductory
be played, Apple also statement immediately
requests that, before the before Mr. Jobs's
deposition of Mr. Jobs is deposition is played:
played for the jury, the
Court read the following Mr. Jobs was deposed on
brief statement: April 12, 2011. At the
time, Mr. Jobs was on
"Mr. Jobs was deposed on medical leave from Apple.
April 12, 2011. At the time, He is not here to testify in
Mr. Jobs was on medical person because he has
leave from Apple. Mr. Jobs passed away.
died of complications
relating to cancer six
months later, on October 5,
2011."
2 Deposition of Steve Jobs, PAGE 8:05 TO 8:17 [ ] Granted
dated April 12, 2011
[ ] Denied
[Appendix, Ex. H]
[x] Granted with
Modification:
Apple's Counter-Designation
A is approved
and shall be played with
Plaintiffs' Designation 2.
3 Deposition of Steve Jobs, PAGE 9:20 TO 11:03 [ ] Granted
dated April 12, 2011
[ ] Denied
[Appendix, Ex. H]
[x] Granted with
Modification:
Apple's Counter-Designation
B is approved
and shall be played with
Plaintiffs' Designation 3.
4 Deposition of Steve Jobs, PAGE 11:18 TO 12:19 [ ] Granted
dated April 12, 2011 [x] Denied, Apple's
[Appendix, Ex. H] Counter-Designation C is
not approved, but can be
played independently.
[ ] Granted with
Modification
6 Deposition of Steve Jobs, PAGE 16:12 TO 16:17 [ ] Granted
dated April 12, 2011 [x] Denied, Apple's
[Appendix, Ex. H] Counter-Designation D is
not approved, but can be
played independently.
[ ] Granted with
Modification
7 Deposition of Steve Jobs, PAGE 19:08 TO 19:16 [ ] Granted
dated April 12, 2011
[ ] Denied
[Appendix, Ex. H]
[x] Granted with
Modification:
Apple's Counter-Designation
F is approved
and shall be played with
Plaintiffs' Designation 7.
8 Deposition of Steve Jobs, PAGE 20:08 TO 20:22 [ ] Granted
dated April 12, 2011
[ ] Denied
[Appendix, Ex. H]
[x] Granted with
Modification:
Apple's Counter-Designation
E is approved
and shall be played with
Plaintiffs' Designation 8.
10 Deposition of Steve Jobs, PAGE 23:20 TO 24:04 [ ] Granted
dated April 12, 2011 [x] Denied
[Appendix, Ex. H] [ ] Granted with
Modification:
______________________
______________________
______________________
______________________
12 Deposition of Steve Jobs, PAGE 32:14 TO 34:03 [ ] Granted
dated April 12, 2011
[ ] Denied
[Appendix, Ex. H]
[x] Granted with
Modification:
Apple's Counter-Designation
G is approved
and shall be played with
Plaintiffs' Designation 12.
14 Deposition of Steve Jobs, PAGE 37:17 TO 38:02 [ ] Granted
dated April 12, 2011
[ ] Denied
[Appendix, Ex. H]
[x] Granted with
Modification:
Apple's Counter-Designation
H is approved
and shall be played with
Plaintiffs' Designation 14.
19 Deposition of Steve Jobs, PAGE 48:01 TO 48:15 [ ] Granted
dated April 12, 2011
[ ] Denied,
[Appendix, Ex. H]
[x] Granted with
Modification:
Apple's Counter-Designation
I is not
approved, but can be played
independently.
Apple's Counter-Designation
J is approved
and shall be played with
Plaintiffs' Designation 19.
20 Deposition of Steve Jobs, PAGE 48:21 TO 49:02 [ ] Granted
dated April 12, 2011 [x] Denied, Apple's
[Appendix, Ex. H] Counter-Designations K
and L are not approved, but
can be played
independently.
[ ] Granted with
Modification
21 Deposition of Steve Jobs, PAGE 57:02 TO 58:08 [ ] Granted
dated April 12, 2011 [x] Denied, Apple's
[Appendix, Ex. H] Counter-Designation N is
not approved, but can be
played independently.
[ ] Granted with
Modification
IT IS SO ORDERED.
FootNotes
1. After the October 29, 2014 hearing, the parties met and conferred regarding the potential to add stipulated facts to the parties' Joint Statement of Undisputed Facts regarding the content and subject matter of Apple's designations Nos. 2 and 6. Plaintiffs did not agree to stipulate to any additional facts.
2. Following the hearing, the parties reviewed their respective files and Defendant could not locate signed verifications by Mr. Charoensak (Nos. 2, 6 and A), Ms. Tucker (Nos. 7 and B), or Ms. Rosen (Nos. 8 and C) to their March 7, 2011 interrogatory responses at issue. Plaintiffs are continuing a search of their files and will report to the Court as soon as a determination has been made.
Source: Leagle
