In typically swift fashion, Judge Denise Cote this week responded to Apple’s complaints about its external monitor Michael Bromwich, telling Apple to work out its complaints with the Department of Justice.
Noting that this was the first Cote had heard of Apple’s issues with Bromwich, the judge reminded the parties there was a process in place for objections. “Objections are to be conveyed in writing to the United States and the Plaintiff States within ten calendar days after the action giving rise to the objection,” Cote wrote. However, if the parties are unable to resolve their issues, they may request a conference with the judge.
In an objection filed last week, attorneys for Apple complained that Bromwich, the external monitor appointed by the court to oversee Apple’s antitrust training, is already overstepping his bounds—and, overcharging for his services. In her reply to Apple, Cote did not weigh in on Bromwich’s fee, said to be over $1,100 an hour, instead ordering only that “any compensation shall be on reasonable and customary terms.”
She did offer Apple some relief, however. Apple had complained that a November 21 order from the court enabled Bromwich to communicate directly with the judge on his duties, without counsel present. In response, Cote reversed herself, and ordered that there will be no “ex parte communication by the Monitor with the Court regarding the performance of his duties as Monitor.”