of the developers licenses had "potential significant damage to both the Unreal Engine platform itself, and to the gaming industry generally" and Apple "has chosen to act severely" in threatening that step. On terms of Fortnite, Rogers agreed with Apple that "Epic Games has not yet demonstrated irreparable harm. The current predicament appears of its own making." Subsequently, Apple terminated Epic's iOS developer account on August 28, 2020, thereby preventing the company from uploading further material to the App Store but otherwise still being able to develop for the platform. Prior to the first hearing on September 28, 2020, Epic filed paperwork ahead of the hearing in which they intend to seek a preliminary injunction to require Apple to rehost Fortnite. Countersuit Apple filed a countersuit against Epic on September 8, 2020. Apple asserted in their suit that Epic breached their contract and was seeking to block the use of Epic's payment system from any app, including Fortnite, on the iOS storefront, and sought monetary damages to recover funds that Epic had made while their version of Fortnite was active on August 13, 2020. Apple called Epic's suit an attempt "to be part of a marketing campaign designed to reinvigorate interest in Fortnite". Judge Rogers dismissed Apple's monetary claims of theft in November 2020, stating that the claims cannot be considered "independently wrongful" of the breach of contract claims, leaving these breach claims otherwise in place. District court Preliminary hearing At the first court hearing on the matter on September 28, 2020, Judge Rogers appeared likely to deny Epic's demand to require Apple to rehost Fortnite on the App Store unless Epic conforms to the App Store policy, consistent with Apple's argument that Epic itself had created the situation leading to its removal, but otherwise ready to maintain the restraining order related to the Unreal Engine and Epic's developer accounts. Judge Rogers indicated that she was in favor of a jury trial when the case would be heard, then expected to be in July 2021, stating during the hearing "I think it's important enough to understand what real people think. Do these security issues concern people or not? Are the concerns of the developers incredibly important? I think many people would feel it is. I do think that this is something for which jury insights would be important." In post-hearing filings, both Epic and Apple argued that the case should