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AMENDED ORDER ON DISCOVERY DISPUTES

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STEYER LOWENTHAL BOODROOKAS 

 ALVAREZ & SMITH LLP 

Allan Steyer (State Bar No. 100318)

Jill M. Manning (State Bar No. 178849)

D. Scott Macrae (State Bar No. 104663)

One California Street, Suite 300 

San Francisco, CA 94111 

Telephone: (415) 421-3400

Facsimile: (415) 421-2234

asteyer@steyerlaw.com

jmanning@steyerlaw.com

smacrae@bamlawlj.com

PEARSON, SIMON & WARSHAW, LLP

Bruce L. Simon (State Bar No. 96241)

Daniel L. Warshaw (State Bar No. 185365)

Alexander L. Simon (State Bar No. 305734)

44 Montgomery Street, Suite 2450

San Francisco, CA 94104

Telephone: (415) 433-9000

Facsimile: (415) 433-9008

bsimon@pswlaw.com

dwarshaw@pswlaw.com

asimon@pswlaw.com

[Additional counsel listed on signature page]

Counsel for Plaintiffs and

Proposed Lead Counsel for the Class

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SAN JOSE DIVISION

CHRISTINA GRACE and KEN POTTER,

Individually and on Behalf of All Others 

Similarly Situated,

Plaintiffs,

vs.

APPLE, INC.,

Defendant.

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Case No. 5:17-cv-00551-LHK-NC

AMENDED ORDER ON 

DISCOVERY DISPUTES

Date: November 8, 2017

Time: 1:00 PM

Courtroom: 7

Judge: Honorable Nathanael M. Cousins
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This matter comes before the Court on the Joint Letter Brief filed by the parties on 

November 3, 2017 (Dkt. No. 75). Upon consideration of the Joint Letter Brief and exhibits 

thereto and the argument of the parties at the November 8, 2017 hearing, and good cause 

appearing therefor, the Court HEREBY ORDERS the following:

(1) Defendant Apple shall design and implement a discovery plan to diligently and 

in good faith produce documents on a rolling basis. The discovery plan designed 

and implemented by Defendant Apple shall provide for the following interim 

deadlines: 

a. By November 10, 2017, Defendant Apple shall share with Plaintiffs all 

search term analysis conducted on any and all potential search terms in 

this action to-date. Further, for the duration of this action, Defendant 

Apple shall work cooperatively and in good faith with Plaintiffs in 

conducting and sharing with Plaintiffs additional search term analysis as 

appropriate;

b. As soon as practicable, and in any event no later than January 5, 2018, 

Defendant Apple shall produce all responsive, non-privileged documents 

that can be located without search terms, and Defendant Apple shall also 

abide by the following deadlines:

i. As soon as practicable, and in any event no later than December 

1, 2017, Defendant Apple shall produce (a) documents sufficient 

to show payments made by Apple to Akamai; (b) documents 

sufficient to show the trade-in value of iPhone 4 and 4S devices 

during the relevant time period; (c) an iTunes transaction database

report showing the number of iPhone 4 and 4S users who 

upgraded to iOS 7 from September 1, 2013 to September 30, 

2014, and (d) an iTunes transaction database report that shows the 

iOS version used by each Apple iPhone 4 and/or iPhone 4S user 
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as identified by serial number for each of April 15th, 16th, and 

17th of 2014;

ii. As soon as practicable, and in any event no later than December 

15, 2017, Defendant Apple shall produce: (a) customer care log 

data related to FaceTime complaints on and after April 16, 2014;

(b) all relevant source code, including source code showing how 

Apple’s servers handled certificates for FaceTime both before and 

after April 16, 2014, source code showing how iOS 6.1.6 worked 

to restore FaceTime functionality on iPod touch (4th generation), 

and source code showing any changes made to iMessage 

(including but not limited to the creation of a sub-certificate 

authority) to address certificate expiration; and (c) an iTunes 

transaction database report that shows each Apple iPhone 4 and/or 

iPhone 4S user with iOS version older than iOS 7, as identified by 

serial number, at any time beginning on April 16, 2014 or any 

time thereafter; and

iii. As soon as practicable, and in any event no later than January 5, 

2018, Defendant Apple shall produce customer care log data 

related to customer problems or complaints with respect to iOS 7 

on iPhone 4 and 4S devices.

c. As soon as practicable, and in any event no later than December 22, 

2017, Defendant Apple shall complete its review of 50% of the total 

number of documents hit by search terms to be agreed upon by the parties 

(the “Search Terms”), and shall produce all responsive, non-privileged 

documents appearing in that initial 50% of documents hit by the Search 

Terms; 
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d. As soon as practicable, and in any event no later than February 2, 2018, 

Defendant Apple shall review the remaining 50% of the total number of 

documents hit by the Search Terms, and shall produce all responsive, 

non-privileged documents appearing in that remaining 50% of documents 

hit by the Search Terms; and

e. Fourteen (14) days after each production deadline set forth in Defendant 

Apple’s discovery plan, Defendant Apple shall produce to Plaintiffs a 

privilege log reflecting every document withheld or redacted on the basis 

of attorney-client or attorney work product privilege to-date in this 

action.

(2) By no later than November 21, 2017, Defendant Apple shall serve amended 

responses and objections to Plaintiffs’ First Request for Production of 

Documents that (i) state, for each objection, whether Apple is or will be 

withholding documents on the basis of such objection; and (ii) state, for each 

request for documents, whether Apple will produce documents—including 

electronically-stored information—in response to such request.

This Order, which modifies Section 1(b), supersedes the Court’s November 13, 

2017 Order (Dkt. No. 85).

IT IS SO ORDERED.

Dated: November 15, 2017

_______________________________

NATHANAEL M. COUSINS

United States Magistrate Judge
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Submitted by: 

STEYER LOWENTHAL BOODROOKAS

 ALVAREZ & SMITH LLP 

Allan Steyer (State Bar No. 100318)

Jill M. Manning (State Bar No. 178849)

D. Scott Macrae (State Bar No. 104663)

One California Street, Suite 300 

San Francisco, CA 94111 

Telephone: (415) 421-3400

asteyer@steyerlaw.com

jmanning@steyerlaw.com

smacrae@steyerlaw.com

PEARSON, SIMON & WARSHAW, LLP

Bruce L. Simon (State Bar No. 96241)

Daniel L. Warshaw (State Bar No. 185365)

Alexander L. Simon (State Bar No. 

305734)

44 Montgomery Street, Suite 2450

San Francisco, CA 94104

Telephone: (415) 433-9000

bsimon@pswlaw.com

dwarshaw@pswlaw.com

asimon@pswlaw.com

FRIEDMAN OSTER & TEJTEL PLLC

David F.E. Tejtel (admitted pro hac vice)

240 East 79th Street, Suite A 

New York, NY 10075

Telephone: (646) 661-5881

dtejtel@fotpllc.com

CALDWELL CASSADY & CURRY

Bradley W. Caldwell (admitted pro hac 

vice)

Jason D. Cassady (admitted pro hac vice)

John Austin Curry (admitted pro hac vice)

2101 Cedar Springs Road, Suite 1000

Dallas, TX 75201

Telephone: (214) 888-4848

bcaldwell@caldwellcc.com

jcassady@caldwellcc.com

acurry@caldwellcc.com

Counsel for Plaintiffs and Proposed Lead 

Counsel for the Class
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CERTIFICATE OF SERVICE

On November 15, 2017, I electronically filed the foregoing with the Clerk of the 

Court by using the CM/ECF system which will send notice of electronic filing to all 

persons registered for ECF. 

By: /s/ Suneel Jain

 Suneel Jain