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`Case 4:20-cv-05640-YGR Document 374 Filed 03/17/21 Page 1 of 5
`
`Mark A. Perry, SBN 212532
`mperry@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`Telephone: 202.955.8500
`Facsimile: 202.467.0539
`Attorneys for Defendant and
`Counter-Plaintiff Apple Inc.
`[Additional Counsel on Signature Page]
`
`Gary A. Bornstein (pro hac vice)
`gbornstein@cravath.com
`CRAVATH, SWAINE & MOORE LLP
`825 Eighth Avenue
`New York, New York 10019
`Telephone: (212) 474-1000
`Facsimile: (212) 474-3700
`Attorneys for Plaintiff and Counter-Defendant
`Epic Games, Inc.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
` Plaintiff,
`
` Defendant.
`
`CASE NO. 4:20-cv-05640-YGR-TSH
`
`ORDER GRANTING STIPULATION
`BETWEEN EPIC GAMES, INC. AND
`APPLE INC. AND [PROPOSED]
`ORDER RE: CASE SCHEDULE
`
`Civil Local Rule 6-2
`
`The Honorable Yvonne Gonzalez Rogers
`
`Counterclaimant,
`
` Counter-defendant.
`
`EPIC GAMES, INC.,
`
`APPLE INC.,
`
`APPLE INC.,
`
`EPIC GAMES, INC.,
`
`v.
`
`v.
`
`STIPULATION BETWEEN EPIC GAMES,
`INC. AND APPLE INC. AND [PROPOSED]
`[[DMS:5523042v17:9/29/2020 5:11:55 PM
`ORDER RE: CASE SCHEDULE
`
`Case No. 4:20-cv-05640-YGR-TSH
`
`
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`Case 4:20-cv-05640-YGR Document 374 Filed 03/17/21 Page 1 of 5
`
`Mark A. Perry, SBN 212532
`mperry@gibsondunn.com
`GIBSON, DUNN & CRUTCHER LLP
`1050 Connecticut Avenue, N.W.
`Washington, DC 20036-5306
`Telephone: 202.955.8500
`Facsimile: 202.467.0539
`Attorneys for Defendant and
`Counter-Plaintiff Apple Inc.
`[Additional Counsel on Signature Page]
`
`Gary A. Bornstein (pro hac vice)
`gbornstein@cravath.com
`CRAVATH, SWAINE & MOORE LLP
`825 Eighth Avenue
`New York, New York 10019
`Telephone: (212) 474-1000
`Facsimile: (212) 474-3700
`Attorneys for Plaintiff and Counter-Defendant
`Epic Games, Inc.
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`OAKLAND DIVISION
`
` Plaintiff,
`
` Defendant.
`
`CASE NO. 4:20-cv-05640-YGR-TSH
`
`ORDER GRANTING STIPULATION
`BETWEEN EPIC GAMES, INC. AND
`APPLE INC. AND [PROPOSED]
`ORDER RE: CASE SCHEDULE
`
`Civil Local Rule 6-2
`
`The Honorable Yvonne Gonzalez Rogers
`
`Counterclaimant,
`
` Counter-defendant.
`
`EPIC GAMES, INC.,
`
`APPLE INC.,
`
`APPLE INC.,
`
`EPIC GAMES, INC.,
`
`v.
`
`v.
`
`STIPULATION BETWEEN EPIC GAMES,
`INC. AND APPLE INC. AND [PROPOSED]
`[[DMS:5523042v17:9/29/2020 5:11:55 PM
`ORDER RE: CASE SCHEDULE
`
`Case No. 4:20-cv-05640-YGR-TSH
`
`
`
`
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`Case 4:20-cv-05640-YGR Document 374 Filed 03/17/21 Page 2 of 5
`
`The Parties, by and through their respective counsel, hereby agree and stipulate as
`
`follows:
`
`WHEREAS, in its October 6, 2020 Case Scheduling and Pretrial Order, the Court ordered
`that March 15, 2021 is the deadline for serving rebuttal expert reports (Dkt. 116);
`WHEREAS, backup materials must generally be produced within two business days after
`service of expert reports (Cameron Dkt. 87 at 1);
`WHEREAS, on March 14, 2021, counsel for Epic informed counsel for Apple of certain
`errors in data previously produced by Epic, and provided corrected data;
`WHEREAS, counsel for the Parties have conferred regarding the most efficient way for
`the expert witnesses retained by Apple to analyze the corrected data and incorporate the results of that
`analysis into their opinions;
`WHEREAS, the agreed-upon procedure would not affect any other deadlines in the case.
`NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED among the
`Parties, by and through their respective counsel, subject to the approval of the Court:
`1.
`That Apple may supplement its expert rebuttal reports no later than March 17,
`2021, without objection from Epic, solely to the extent the supplementation is necessary to incorporate
`the corrected data;
`That the backup materials for Apple’s expert, Dr. Lorin Hitt, may be produced no
`2.
`later than March 19, 2021; and
`3.
`That all other case deadlines remain in place.
`
`IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
`
`STIPULATION BETWEEN EPIC GAMES,
`INC. AND APPLE INC. AND [PROPOSED]
`
`ORDER RE: CASE SCHEDULE
`\\dbr.com\Users$\SFUsers\RIEHLEPJ\Documents\Epic v.
`Apple - Stipulation re Case Schedule_104407416_7
`
`
`1
`
`Case No. 4:20-cv-05640-YGR-TSH
`
`
`
`
`Case 4:20-cv-05640-YGR Document 374 Filed 03/17/21 Page 3 of 5
`
`DATED: March 15, 2021
`
`By
`
`DATED: March 15, 2021
`
`By
`
`/s/ Gary A. Bornstein
`CRAVATH, SWAINE & MOORE LLP
`Christine A. Varney
`Katherine B. Forrest
`Gary A. Bornstein
`Yonatan Even
`Lauren Moskowitz
`M. Brent Byars
`
`FAEGRE DRINKER BIDDLE & REATH LLP
`Paul J. Riehle
`
`Attorneys for Epic Games, Inc.
`
`/s/ Mark A. Perry
`GIBSON, DUNN & CRUTCHER LLP
`Theodore J. Boutrous, Jr.
`Richard J. Doren
`Daniel G. Swanson
`Mark A. Perry
`Veronica S. Lewis
`Cynthia E. Richman
`Jay P. Srinivasan
`
`ORRICK, HERRINGTON & SUTCLIFFE LLP
`E. Joshua Rosenkranz
`William F. Stute
`
`Attorneys for Apple Inc.
`
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`STIPULATION BETWEEN EPIC GAMES,
`INC. AND APPLE INC. AND [PROPOSED]
`ORDER RE: CASE SCHEDULE
`
`
`2
`
`Case No. 4:20-cv-05640-YGR-TSH
`
`
`
`
`Case 4:20-cv-05640-YGR Document 374 Filed 03/17/21 Page 4 of 5
`
`PURSUANT TO STIPULATION, IT IS SO ORDERED.
`
`March 17, 2021
`DATED: ________________
`
`______________________________________________
`THE HONORABLE YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT COURT JUDGE
`
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`STIPULATION BETWEEN EPIC GAMES,
`INC. AND APPLE INC. AND [PROPOSED]
`ORDER RE: CASE SCHEDULE
`
`
`3
`
`Case No. 4:20-cv-05640-YGR-TSH
`
`
`
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`Case 4:20-cv-05640-YGR Document 374 Filed 03/17/21 Page 5 of 5
`
`DECLARATION REGARDING CONCURRENCE
`I, Mark A. Perry, am the ECF user whose identification and password are being used to file this
`STIPULATION BETWEEN EPIC GAMES, INC. AND APPLE INC. RE: CASE SCHEDULE. In
`compliance with Civil Local Rule 5-1(i)(3), I hereby attest that all of the signatories listed above have
`concurred in this filing.
`
`DATED: March 15, 2021
`
`GIBSON, DUNN & CRUTCHER LLP
`/s/ Mark A. Perry
`Mark A. Perry
`
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`STIPULATION BETWEEN EPIC GAMES,
`INC. AND APPLE INC. AND [PROPOSED]
`ORDER RE: CASE SCHEDULE
`
`
`4
`
`Case No. 4:20-cv-05640-YGR-TSH
`
`
`
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