Microsoft, Government Seek Additional Time for Document Production

1. On March 12, 2015, the Court entered a Briefing and Hearing Scheduling Order (Dkt. # 29) (the "Stipulated Scheduling Order"). Among other things, the Stipulated Scheduling Order required all respondents to file brief(s) regarding any specific production requests in dispute within 20 days following entry of an order enforcing summonses at issue.

2. On November 23, 2015, the Court entered an order granting the United States' petition to enforce document summonses in this case, and testimonial summonses in the consolidated case United States v. Mundie (Case No. 15-103, Dkt. # 104) (the "Order Granting Enforcement"). This stipulated motion pertains only to United States v. Microsoft Corp. -- the document summonses.

3. On December 4, 2015, the United States and Microsoft filed a Stipulated Motion and Proposed Order Regarding Effect of Order Granting Enforcement (Dkt. # 109) (the "December 4, 2015 Stipulated Motion"). The United States and Microsoft stated their intentions to meet and confer in an effort to resolve as many of Microsoft's request-specific objections as possible. Microsoft and the United States stipulated and jointly requested that the Court modify the Stipulated Scheduling Order, with respect to the document summonses, to allow the parties additional time to meet and confer.

4. Microsoft estimated that, by January 29, 2016, it would be able to produce all the documents to which it did not have specific objections, and that, by February 16, 2016, it would be able to produce final privilege logs. The parties requested an additional 30 days from February 16 to meet and confer on any remaining disputes with respect to particular requests. Microsoft would then have until April 1, 2016, to file any brief regarding specific production requests still in dispute as contemplated by the Stipulated Scheduling Order. The United States would be allowed the 25 days following that event to respond and Microsoft would have 5 days to reply.

5. By Order dated December 9, 2015, the Court granted the December 4, 2015 Stipulated Motion (Dkt. # 110).

6. During the ensuing three months, counsel for the United States and Microsoft conferred on numerous occasions in order to resolve as many disputes regarding specific production requests as possible. Significant progress has been made to that end.

7. As contemplated in the December 4, 2015 Stipulated Motion, Microsoft produced documents as to which it did not have specific objections on January 29, 2016.

8. Following discussions between counsel for the United States and Microsoft, Microsoft produced additional documents on March 15, 2016, and Microsoft has agreed to move forward with the production of additional documents responsive to certain requests in summonses issued to Microsoft on October 30, 2014, November 19, 2014 and November 20, 2014.

9. In addition, Microsoft served privilege logs on February 16, 2016 with respect to the three summonses.

10. The undersigned counsel believe that additional discussions may result in a resolution or narrowing of remaining disputes pertaining to specific document requests.

11. Accordingly, the United States and Microsoft respectfully request that they be given an additional 60 days from March 17, 2016 (until May 16, 2016), to meet and confer on any remaining disputes with respect to particular requests. Microsoft will then have until June 1, 2016, to file any brief regarding specific production requests still in dispute as contemplated by the Stipulated Scheduling Order. The United States would be allowed the 25 days following that event to respond as provided by the Stipulated Scheduling Order and Microsoft would have 5 days to reply.

Respectfully submitted this 21st day of March, 2016.