An attorney for the consumer technology giant on Tuesday asked U.S. District Judge Denise Cote in Manhattan to disqualify Michael Bromwich from serving as an external compliance monitor, arguing he had shown a personal bias against the company.
In a letter to Cote, Apple's lawyer cited a "wholly inappropriate declaration" filed by Bromwich last month.
In the declaration, Bromwich defended his work as a monitor against Apple's complaint that he had overstepped his mandate. He also detailed his unsuccessful efforts to gain Apple's cooperation for his assignment.
Cote appointed Bromwich in October following a ruling she made in July finding Apple liable for conspiring with five publishers to raise e-book prices above those established by the dominant retailer in the market, Amazon.com Inc.
Apple's feud with compliance monitor began when the monitor, Michael Bromwich, claimed he had been cut off from executives at Apple (Apple was not complying). Apple then argued Bromwich was interfering with the Company's day-to-day operations and objected to the $138,432 in legal fees that they had racked up. Bromwich quickly filed documents with the court to demonstrate that Apple was obstructing his work. The letter filed today by Apple's lawyer reiterates their complaints outlined above.
A spokeswoman for Bromwich declined to comment.
For those of you who don't remember, Apple was found guilty of fixing E-Book prices with publishers back in July.