Judge Grewel, the same judge who recommended sanctions on Samsung for destroying email's in the Apple/Samsung case is now questioning Apple's truthfulness in this location lawsuit over a similar issue of e-mails not being produced as ordered.
" Apple must show in detail how it’s complying with court orders to turn over evidence in a privacy lawsuit, a judge ruled, saying he can no longer rely on what the company tells him in the case.
U.S. Magistrate Judge Paul S. Grewal in San Jose,California, issued the order after the plaintiffs’ lawyers claimed Apple withheld documents it had previously been ordered to produce. Apple is accused in the lawsuit of collecting data on the locations of customers through iPhones, even after the device’s geo-location feature was turned off.
Grewal, saying he had already “refereed” the dispute, said it was “unacceptable” that Apple waited more than three months to verify whether it complied with his November order to turn over documents.
“Luckily for the plaintiffs, Apple has provided more than enough evidence itself to suggest to the court that it has not fully complied with the court’s order,” Grewal wrote in the March 6 order. “In light of Apple’s performance in this case, the court cannot rely on its representations that this time it really has or will produce all responsive documents.”
Apple’s resistance in the case is increasingly producing orders from Grewal that are forcing it to reveal inner workings that the company normally goes to great lengths to hide.
Apple is also accused in the lawsuit of failing to tell customers that its iOS operating system allowed third parties to collect and monitor personal information from iPhones and iPads without their consent. Apple said in a court filing it has closely guarded some documents in the case because it and millions of its customers might be harmed if the information were “inadvertently released to the public or fell into the wrong hands.”
At a March 5 hearing before Grewal, Ashlie Beringer, a lawyer for Apple, said the company’s failure to produce e-mails from Steve Jobs and other senior executives in violation of Grewal’s November order was a “mistake.”
"Beringer said she and her team of lawyers reviewed more than 8,000 e-mails over the previous weekend and determined that they should turn over messages involving Apple’s late co-founder Jobs, Phil Schiller, its marketing chief, and Scott Forstall, the former head of mobile software, among others."
"In Grewal’s order, plaintiffs lawyers also won the right to see Apple documents concerning its process of reviewing applications for its mobile devices. The company redacted the information in part, it said, because the information is “incredibly sensitive and valuable and is a closely guarded trade secret,” according to a court filing.
Phillip Shoemaker, Apple’s Director of App Review, submitted a filing in the case last month explaining how disclosure of the review process would jeopardize Apple and “create real risk” to millions of users of its products, according to the filing."
There's apparently a whole lot going on here besides a simple location suit. No doubt AI will post a story up on this at some point.