Apple tried at the last second to get out of producing a trove of documents by Monday as it was ordered to in its ongoing dispute with Epic, and Magistrate Judge Thomas Hixson is not having it. In early August, the company was given a deadline of September 30 to produce documents relating to the changes it made to its App Store rules this year, which was its attempt to satisfy an injunction. Apple initially told the court that the task would entail reviewing roughly 650,000 documents — but in a status report on Thursday, it said the number had ballooned to over 1.3 million, and asked for a two-week extension. Hixson denied the request on Friday in a strongly worded order spotted by The Verge, and called out Apple’s move as “bad behavior.”
Apple and Epic have been submitting joint status reports to the court every two weeks, and the issue of Apple’s documents exceeding its earlier estimate never previously came up, the judge noted. “This information would have been apparent to Apple weeks ago,” Hixson said in the order. “It is simply not believable that Apple learned of this information only in the two weeks following the last status report.” The judge said the request raises other concerns, calling into question the quality of Apple’s reports and its intentions around complying in a timely manner. Apple has “nearly infinite resources” that it could have tapped to get the task done in the allotted time, according to Hixson.
“This is a classic moral hazard,” Hixson said in the order, “and the way Apple announced out of the blue four days before the substantial completion deadline that it would not make that deadline because of a document count that it had surely been aware of for weeks hardly creates the impression that Apple is behaving responsibly.”
