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On January 13 2026, a Case Management conference was held and the Court granted my request for a Summary Judgement schedule. At the prior hearing last year, the Judge said he wanted it to be a dual Summary Judgement requiring Apple to file any Summary Judgement motion they may have too.
(Summary Judgement is where the Court will rule on substantive issues in the case, or even the whole case, prior to trial if there is "no dispute of fact" either with parties agreeing to the facts or the existence of direct evidence like emails or documents proving a fact. Employers usually love to file Motions for Summary Judgement in retaliation cases - they have most of the evidence, refuse to produce anything to the employee, try to make the employee sound nuts, and quickly move to end the case before the employee can get any proof of employer wrongdoing - and they usually win because of that tomfoolery) Here, Apple repeatedly said they were not ready to file a Motion for Summary Judgement and kept asking for & creating delays. Apple even said in the Joint Status for that hearing they believed it was too "premature to expedite the presentation of evidence." Of course they don't want to present evidence, all of the evidence shows Apple's at fault. At the last Status Conference the Judge he was going to schedule the dual Summary Judgement at the next conference. In the Joint Status on Jan. 6 Apple still said they were "evaluating whether to file a motion for summary judgment and/or partial summary judgment." It's wild to hear an employer say that, especially when the Judge already said he would schedule it, and it shows how meritless Apple's defense has been all along. The Judge issued a schedule on Feb. 6 2026, and my deadline for filing my Motion for Summary Judgment on April 23. Then Apple will file their motion and opposition on May 7. I then file my reply and opposition on May 21. Apple's reply is due May 28. Then the public hearing is June 11 2026. (It will be in person - come watch!). Following the Jan. 13 2026 Case Management conference, on Feb. 6 2026, the Northern District of California also published the trial schedule for Gjovik v Apple retaliation lawsuit (Case No. 23-cv-04597-EMC). The Case Management & Pretrial Order for a Jury Trial ordered the following:
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On October 18 2024, Apple filed an Answer in response to the NLRB Complaint alleging Apple's NDAs and work policies violate federal labor laws. Apple's defense is basically that Apple Inc is a person, and as a person, Apple Inc has a first amendment right to harass its employees. The Answer is posted to the NLRB webpage for the case: https://www.nlrb.gov/case/32-CA-284428 Your browser does not support viewing this document. Click here to download the document. The NLRB Hearing is scheduled for Jan. 22 2025 in Los Angeles, California.
On October 3 2024, the NLRB filed a corrected version of the Complaint for the hearing announced on Sept. 27 2024. Due to the amendment, the deadline for Apple to respond to the complaint is now October 17 2024. Link: Corrected NLRB Complaint Link: Original NLRB Complaint The NLRB case page is here: https://nlrb.gov/case/32-CA-284428 "...Respondent is notified that, pursuant to Sections 102.20 and 102.21 of the Board’s Rules and Regulations, it must file an answer to the corrected complaint. The answer must be electronically filed with this office on or before Thursday, October 17, 2024. Respondent also must serve a copy of the answer on each of the other parties....
PLEASE TAKE NOTICE THAT on January 22, 2025, at 9:00 a.m. at the National Labor Relations Board, Region 21, 312 N. Spring Street, 10th Floor, Los Angeles, CA, and on consecutive days thereafter until concluded, a hearing will be conducted before an administrative law judge of the National Labor Relations Board. At the hearing, Respondent and any other party to this proceeding have the right to appear and present testimony regarding the allegations in this complaint..." * from NLRB's Complaint On Sept. 27 2024, the NLRB issued a Complaint and Notice of Hearing for my charge (32-CA-284428) against Apple
In Oct 2021, I filed a NLRB charge against Apple, alleging that almost all of Apple's employee policies violate federal labor laws. In 2023, NLRB agreed; & yesterday, Sept. 27 2024, NLRB issued a Complaint & Notice of Hearing for Apple's first all-US-employee NLRB lawsuit. The NLRB is suing Apple over *nine* individual policies. The NLRB is suing Apple over its Intellectual Property Agreement, Business Conduct Policy, Workplace Searches & Privacy Policy, Misconduct & Discipline Policy, Social Media Policy - & more. Notably, this Complaint includes *all* policies Apple claimed I was fired for violating. The full NLRB Complaint is here. The NLRB case page is here: https://nlrb.gov/case/32-CA-284428 On March 27 2024, the US Department of Labor OALJ Administrative Law Judge issued an order setting the trial date for my Superfund / CERCLA whistleblower trial. "This case arises from a complaint filed under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA” or “the Act”), 42 U.S.C § 9610, and the implementing regulations found at 29 C.F.R. Part 24. The case has been assigned to... U.S. Department of Labor, for hearing and decision.... A virtual formal hearing in the above-captioned proceeding will commence at 10:00 A.M. Eastern Time during the week of March 3, 2025..." View the order below.
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AuthorUpdates from Ashley Gjovik about her whistleblower battle against Apple Inc. Archives
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