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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`CIVIL MINUTES
`
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`Judge: YVONNE GONZALEZ ROGERS
`Time: 19 minutes
`Date: June 5, 2024
`Case No.: 20-cv-05640-YGR Case Name: Epic Games v. Apple Inc.
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`
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`Attorney for Plaintiff: Gary Bornstein and Yonatan Even; via Zoom
`Attorney for Defendant: Mark Perry and Dana Craig; via Zoom
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`Deputy Clerk: Edwin Angelo A. Cuenco
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`
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`
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`Court Reporter: Raynee Mercado; via Zoom
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`PROCEEDINGS
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`Status Conference – HELD via Zoom.
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`The Court discussed the scope and timetable for an additional production of documents by Apple
`relative to the link entitlement program and associated commission rates.
`
`The parties previously agreed to a two-step process through which Apple will first (i) identify
`and produce certain “go-gets” relative to Carson Oliver’s testimony and secondly will (ii)
`produce additional documents relative to the company’s decision-making process concerning the
`link entitlement program and associated commission rate.
`
`The Court Ordered Apple to complete the first step of the process by no later than Friday, June
`14, 2024. This shall involve the production of the Quip records to which Oliver had access
`relative to the link entitlement program and associated commission rates.
`
`Separately, Epic informed the Court that the documents already produced relative to Oliver’s
`involvement in the link entitlement program and associated commission rates contained some
`redactions for confidentiality. As discussed, Apple is instructed to remove redactions for
`confidentiality and to provide the resulting, unredacted documents to Epic by no later than
`Friday, June 15, 2024. To the extent Apple wishes to maintain other redactions for privilege,
`they shall provide Epic with a privilege log. As the Court has said multiple times on the record,
`the mere presence of an attorney on an email thread is insufficient to privilege the email; legal
`advice must be a component of the communication for it to be potentially privileged.
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`The parties shall continue to meet and confer regarding the second step of this production after
`Epic receives the additional Oliver materials.
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`This case is continued to Monday, June 17, 2024, at 4:00 p.m. PST for Status Conference via
`Zoom.
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