03/27/2025 - Ninth Circuit Court of Appeals Case Opened

This March, I officially opened an appeal in the United States Court of Appeals for the Ninth Circuit to challenge the dismissal of critical claims in my lawsuit against Apple Inc. — claims that include environmental violations, whistleblower retaliation, and toxic tort injuries. This marks a significant next chapter in my fight for accountability.

The appellate case is docketed under Gjovik v. Apple Inc., Nos. 24-6058 & 25-2028. After Apple's attempts to have portions of my case dismissed on procedural grounds, I’m now taking these issues to the federal appellate court for review.
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In my filings, I emphasized several key points:

• I filed a Motion to Consolidate Cases to ensure both active appeals are considered together. Since they arise from the same facts and legal questions, consolidation avoids "fragmented litigation of essentially identical issues," which undermines uniformity and judicial efficiency​.
• Recognizing a pending Rule 54(b) motion in the district court, I filed a Motion for Clarification. I urged the court to confirm its authority to review finality independently and sought guidance on scheduling to avoid unnecessary litigation delays​.
• The Court issued a schedule with my Opening Brief due May 6, 2025, and Apple’s response due June 5, 2025. Optional replies are due within 21 days after Apple's brief​.

Additionally, in my motion, I highlighted that many of the dismissed claims — including those under the Racketeer Influenced and Corrupt Organizations Act (RICO), the Sarbanes-Oxley Act, Dodd-Frank Act, and California civil rights statutes — were fully and finally resolved at the district level. Therefore, they are ripe for appellate review.  Apple, in its arguments, had even acknowledged these dismissed claims as legally and factually distinct from other ongoing issues, which reinforces my position that appellate review at this stage is both appropriate and necessary​.

The goal is clear: to prevent fragmented litigation, avoid conflicting rulings, and make sure these vital public interest issues are fully and fairly heard at the appellate level.

You can read the filings here:

• Motion to Consolidate Cases
• Motion for Clarification of Briefing Schedule
• Court’s Docketing Notice & Time Schedule Order

You can follow the full docket here: Gjovik v. Apple Inc. (9th Circuit Docket)

Upcoming dates to watch:

• May 6, 2025: Opening Appellate Brief due
• June 5, 2025: Apple’s Response Brief due
• June 12, 2025: District Court hearing on Rule 54(b) motion (which may affect the appellate posture)