“Apple has filed a letter brief, redacted, asking the court for an order compelling Psystar to turn over financial documents in discovery and to designate a knowledgeable person to testify as to Psystar’s finances. They’ve been asking for a while, and they did a deposition with the CEO of Psystar, but they tell the judge it didn’t work out well, since over 90 times he said he didn’t know or couldn’t recall even basic things,” Groklaw reports.
“The unredacted portions of the letter brief show Apple telling the judge that Psystar’s CEO and founder Rudy Pedraza ‘would not answer basic questions about Psystar’s financials… Mr. Pedraza… stated approximately 90 times during the deposition that he did not know or recall answers to basic questions about Psystar’s sales, its general costs and profits, its costs and profits by product line, how it determine it prices and profit margins…,'” Groklaw reports.
“So Apple requests from the court an order compelling Psystar to produce ‘financial documents sufficient to determine Psystar’s revenues, costs, profits, assets and liabilities.’ Apple would also like the order to include making Psystar make available ‘a knowledgeable 30(b)(6) designee’ for another deposition ‘at Psystar’s expense’ on the topic. And it wants its costs covered for having to redo the deposition as a result of Psystar’s ‘inordinate failure to produce and testify,'” Groklaw reports.
“Psystar has some documents in particular that Apple wants regarding financial projections that Apple noticed attached to some emails that were turned over in discovery, but Psystar, Apple says, turned the emails over without the attachments. Oops. Send their lawyers to discovery dungeon. Seriously. If you are going to withhold, not that one should, you’d think they’d withhold the entire email, not turn over emails that show there were attachments that are not being turned over too,” Groklaw reports.
Find links to the documents in the full article here.
“dizzle” writes for World of Apple, “Basically what this boils down to is an alleged willful and knowing failure of Psystar to produce complete financial information. I personally find this very interesting in light of the issue of the still-unidentified ten ‘John Doe’ defendants. Apple may be attempting to obtain that information in this parenthetical statement:”
(including investors, lenders or other sources of financial support)
“dizzle” writes, “Taking the above-letter as absolutely true and unbiased for the sake of argument; it certainly appears that Psystar has run afoul of good-faith discovery. Federal Court Judges usually have little tolerance for such tactics. If it is indeed true that Rudy Pedraza either would not, or could not, answer financial information 90 times that would be bad for Psystar. If Rudy doesn’t know, who does? Is he protecting someone?”
Full article here.
In an article just recently posted, “dizzle” reports, “As I had suspected, Judge Alsup didn’t let too much time go by before taking this matter to hand. Within the past few hours, he issued an Order Scheduling a Hearing on the Discovery Disputes to take place on May 5, 2009. He further ordered that Psystar must respond to Apple’s allegations by May 4, 2009.”
Full article here.
MacDailyNews Note: In a recent online poll, we asked, “Who’s really behind Psystar?” Here are the results:
[Thanks to MacDailyNews Reader “Arthur” for the heads up.]