Apple has refused to hand over the video, most recently on Sunday when Burke asked for it in an email to Apple's lead lawyer, William Isaacson of Boies, Schiller & Flexner.
"Apple does not consent to your request," Isaacson replied. "We are preparing a substantive response to your points and will get that to you tonight hopefully."
If Apple has filed a reply to Burke's motion, it had not been posted to the U.S. federal court system's database as of early Tuesday.
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