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Apple Prevails Again - Psystar to Produce Discovery by May 18; Deposition Do-Over June 3

By Pamela Jones et al.

Psystar's excuses for not providing discovery didn't fly at the May 5th hearing, I gather, and the judge has granted Apple's motion to compel (by letter brief), as you can see from the docket entry at Justia. Here's a taste of what Psystar told the court:

"Apple's filing serves no other purpose than to serve as fodder for a blogosphere otherwise rabid for new details on this litigation or to incur unnecessary expense on behalf of Psystar....

As Apple readily admits, Rudy Pedraza, CEO of Psystr has testified that P&L and balance statements do not exist....

Prior to this litigation, some documents were lost during Psystar's transition to its current office space....Despite Apple's assumption to the contrary, drafts of the financial projection documents that Psystar created to obtain funding do not exist."

Evidently throwing fodder to rabid bloggers was not the only purpose, in the judge's eyes. The minutes from the hearing indicate that the parties were put in a room from 8 to 11 AM to see if they could work things out, and they were able to work out most issues between themselves. The judge took care of the final issue, and the outcome is that Psystar is to produce the discovery items by 5/18, by high noon. Does that mean the dog didn't eat *all* the financial documents after all? Just kidding. Not rabid.

: D

Full post as published by Groklaw on May 09, 2009 (boomark / email).