IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBI
UNITED STATES OF AMERICA,
Plaintiff,
v.
MICROSOFT CORPORATION,
Defendant.
STATE OF NEW YORK ex rel.
Attorney General DENNIS C. VACCO, et al.,
Plaintiffs,
v.
MICROSOFT CORPORATION,
Defendant.
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Civil Action No. 98-1232 (TPJ)
Civil Action No. 98-1233 (TPJ)
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PLAINTIFF UNITED STATES' MOTION TO COMPEL
MICROSOFT CORPORATION TO COMPLY WITH DISCOVERY
Pursuant to Rule 37 of the Federal Rules of Civil Procedure, the United
States hereby moves the Court to compel Microsoft to comply within twenty-four
hours to the following specific requests in Plaintiffs' Third Joint
Request for Production of Documents, served on August 14, 1998:
- Request for Production No. 1, concerning Microsoft databases relating
to OEMs and Microsoft operating system products;
- Request for Production No. 2, requesting documents relating to
any meetings or communications between Paul Maritz or Bill Gates and
any representative of Intel Corporation that took place between January
1, 1995 and December 31, 1997;
- Request for Production No. 4, requesting documents relating to
any meetings or communications between Eric Engstrom or Chris Phillips
of Microsoft and any representative of Apple Computer, Inc. that occurred
between January 1, 1996 and August 14, 1998; and
- Request for Production No. 5, requesting documents relating to
any meetings or communications with any OEM relating to Apple's QuickTime
technology.
This motion is made on the grounds that the document requests are
relevant to the subject matter of the action and do not relate to privileged
matters, and the refusal to comply is without justification. This Motion
is supported by the Memorandum filed herewith.
DATED: September 2, 1998
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_______________________________
Christopher S Crook
Chief
Phillip R. Malone
Erika Frick
Attorneys
David Boies
Special Trial Counsel
U.S. Department of Justice
Antitrust Division
450 Golden Gate Ave., Room 10-0101
San Francisco, CA 94102
(415) 436-6660
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