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`RFCYBER CORP.,
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`v.
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`APPLE, INC.,
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`Plaintiff,
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`§
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`§
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`§
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`§
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`§
`
`§
` Case No. 6:21-cv-00916-ADA-DTG
`§
`
`
`§
`§
`
`§
`§
`
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`Defendant.
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`ORDER ON JULY 1, 2022 VENUE DISCOVERY DISPUTE HEARING
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`This Court, having considered the parties’ discovery disputes concerning the scope of
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`
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`venue discovery during the July 1, 2022 hearing hereby ORDERS the following:
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`a. Extension of Deadlines
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`It is hereby ORDERED that Apple shall provide any supplemental venue interrogatory
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`responses and venue-related document productions by July 15, 2022. No later than July 8, the
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`parties shall agree on dates for the depositions of Thien Pham, Divya Patnaik, and Deepak Kumar
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`no later than July 27, 2022 and at least seven days after the completion of the deponent’s document
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`production.
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`b. RFCyber’s Venue Interrogatory No. 5
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`It is hereby ORDERED that Apple shall supplement its response to Interrogatory No. 5 by
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`identifying the names and locations of the servers comprising its data centers and content delivery
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`networks (a.k.a. CDNs), and of servers that house documents collected via Apple’s inSync backup
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`system, to the extent such information is within Apple’s possession, custody, or control. It is
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`further ORDERED that Apple’s general objections based on whether a server is leased or owned
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`
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`Case 6:21-cv-00916-ADA-DTG Document 75 Filed 07/11/22 Page 2 of 2
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`by Apple are overruled, and that Apple shall supplement its response with any additional
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`information in its possession, custody, or control regarding leased servers on which Apple stores
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`documents related to the Accused Products, or confirm that Apple is not withholding any
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`information on the basis that any server is leased. RFCyber’s request to compel Apple to request
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`the location of leased servers from third parties Amazon and Box is DENIED, however RFCyber
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`is GRANTED leave to serve venue-related subpoenas to Amazon and Box.
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`c. RFCyber’s Venue RFP Nos. 6-10
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`It is hereby ORDERED that Apple shall respond to venue RFP Nos. 6-10 by producing
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`documents representative of all documents related to Apple Pay, Apple Cash, Apple Wallet,
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`Passkit, and related software or hardware which Kim Tryggestad, Deepak Kumar, Divya Patnaik,
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`Thien Pham, or Abdullah Rababah have access to for the purpose of performing their respective
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`job duties. For the avoidance of doubt, RFCyber is free to inquire regarding the employees’
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`authorization to access other categories of documents during their depositions.
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`
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`Dated: July 11, 2022
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`
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`__________________________________
`Derek T. Gilliland
`United States Magistrate Judge
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`2
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