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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`EPIC GAMES, INC.,
`Plaintiff,
`
`vs.
`
`APPLE INC.,
`Defendant.
`
`Case No. 4:20-cv-05640-YGR
`
`ORDER PERMITTING LIMITED REPLY
`BRIEF FROM PLAINTIFF EPIC GAMES, INC.
`
`Re: Dkt. Nos. 17, 36, 37
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`The Court is in the process of reviewing the parties’ briefing with respect to plaintiff Epic
`Games, Inc’s (“Epic”) motion for a temporary restraining order against defendant Apple Inc.
`(“Apple”). (Dkt. No. 17, 36, 37.)1 However, time is of the essence. Based on the Court’s initial
`review of the arguments and representations therein, the Court PERMITS Epic a limited reply brief
`to address the issues and arguments raised in Apple’s opposition only as it relates to the Unreal
`Engine, and the revocation of Epic’s developer tools.
`Moreover, at the August 20, 2020 scheduling conference, the parties noted that there were
`two separate agreements with respect to the two applications at issue: one for the video game
`Fortnite, and another for the Unreal Engine. Epic’s counsel further stated at the conference that
`the Unreal Engine was managed by a separate Switzerland-based entity. Based on a limited
`review of the record, the Court notes that these two agreements do not appear to be included in the
`parties’ briefing. The Court ORDERS Epic to either file these agreements along with its reply for
`the Court’s review, or, if in the record already, to identify the relevant agreements in its reply.
`
`
`1 The Court notes that Apple did not comply with the Court’s briefing schedule, requiring
`that an opposition to the motion for a temporary restraining order be filed on or before 12:00 p.m.
`PDT on Friday August 21, 2020. (See Dkt. No. 29 (minutes).) Instead, Apple filed its opposition
`at 12:21 p.m., with exhibits and declarations filed at 12:32 p.m. Based on correspondence with the
`parties, the Court understands that Apple’s delay may have been due to technical difficulties.
`Nonetheless, the Court admonishes Apple and its counsel to comply with future Court deadlines or
`risk receiving sanctions from the Court in the future for their non-compliance. These deadlines are
`especially important involving, as here, time sensitive matters.
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`Northern District of California
`United States District Court
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`Case 4:20-cv-05640-YGR Document 38 Filed 08/21/20 Page 2 of 2
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`Such a reply brief shall be filed on or before 9:00 a.m. PDT on Sunday, August 23, 2020
`and shall be limited to ten (10) pages or less.
`IT IS SO ORDERED.
`
`Dated: August 21, 2020
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`YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT JUDGE
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`Northern District of California
`United States District Court
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