On May 7, 2025, I filed a motion for injunction pending appeal with the United States Court of Appeals for the Ninth Circuit in Gjovik v. Apple. The motion seeks immediate protection from further discovery and litigation conduct by Apple Inc. while my appeal is pending, particularly in light of serious issues involving crime victims' rights, retaliation, and ongoing constitutional and statutory violations.

This motion follows the district court’s dismissal of claims involving racketeering (RICO), toxic exposure, intentional infliction of emotional distress, and violations of the Crime Victims' Rights Act (CVRA) and California’s Unfair Competition Law (UCL). My appeal challenges, among other things, the court’s denial of injunctive relief sought under the CVRA and UCL.

Pending that appeal, I am now seeking interim protection under Federal Rule of Appellate Procedure 8(a)(2) and Federal Rule of Civil Procedure 62(c), which allow courts to preserve the status quo during an interlocutory appeal. I have also invoked 18 U.S.C. § 3771(d)(3), which expressly provides victims of federal crimes the right to seek immediate relief from a court when their rights are being denied.

The motion outlines how Apple’s current conduct—particularly discovery demands seeking trauma-related medical records, witness information, and other invasive inquiries—poses an immediate risk of irreparable harm, including retraumatization and unlawful retaliation against a federally protected whistleblower and crime victim.

The legal grounds for the injunction include:

• The CVRA, which provides crime victims the right to be reasonably protected from the accused and to be treated with fairness, dignity, and respect;
• Marsy’s Law, under Article I, § 28 of the California Constitution, which mirrors those protections at the state level;
• 18 U.S.C. §§ 1512, 1513, 1514, and related provisions prohibiting witness tampering and retaliation;
• Established Ninth Circuit precedent confirming that injunctions are appropriate to prevent coercion or procedural abuse.

The relief requested is narrow: to temporarily stay discovery and related retaliation until the Ninth Circuit rules on the underlying appeal, which directly raises these protective issues.

This case raises significant questions regarding the intersection of corporate retaliation, discovery abuse, and statutory rights afforded to crime victims and whistleblowers. Allowing discovery to proceed in this context—while the lawfulness of that discovery is on direct review—would not only risk further harm to the Appellant, but also contravene the statutory mandates of the CVRA and undermine the integrity of the appellate process.

This motion is not about delay; it is about ensuring that litigation does not become a tool of continued intimidation or retaliation. It is also about enforcing clear and enforceable rights guaranteed to victims under federal and state law.

The Ninth Circuit docket is here: 
https://www.courtlistener.com/docket/69805803/gjovik-v-apple-inc/

A copy of the motion is directly available here:

On May 6, 2025, I filed my Opening Brief with the United States Court of Appeals for the Ninth Circuit in Gjovik v. Apple Inc., Case No. 25-2028. The brief challenges the district court’s dismissal of multiple federal and state claims involving post-employment retaliation, environmental exposure, civil rights violations, and corporate racketeering activity.

The appeal challenges both the district court’s denial of injunctive relief and its dismissal with prejudice of claims brought under the Racketeer Influenced and Corrupt Organizations Act (RICO), the California Unfair Competition Law (Bus. & Prof. Code § 17200), California’s Bane and Ralph Civil Rights Acts, common law torts, and state and federal toxic tort theories.

The complaint arises from Apple’s retaliatory conduct following my protected disclosures to government agencies, including federal environmental authorities and law enforcement. This appeal arises from a complex action concerning Apple’s alleged pattern of unlawful conduct following my termination, including threats, harassment, reputational interference, and concealment of toxic exposures at one of its semiconductor sites.

The central legal issues on appeal involve both procedural and substantive errors committed at the Rule 12(b)(6) stage, as well as the district court’s refusal to grant leave to amend or to issue injunctive relief protecting crime victim rights under federal and state law. The brief seeks reversal and remand on several grounds, including:

• Denial of Injunctive Relief Under § 17200 and the CVRA:: The district court erred in denying interim and permanent injunctive relief under California’s Unfair Competition Law and the federal Crime Victims’ Rights Act (CVRA), 18 U.S.C. § 3771, despite Gjovik’s allegations of ongoing retaliation, intimidation, and witness interference—all in violation of clear statutory rights afforded to whistleblowers and crime victims. The complaint included substantial documentation of physical harm, economic injury, and retaliatory acts directed at silencing the plaintiff, including threats of litigation, exposure of private materials, and SWATing.
• ​Improper Dismissal of RICO Claims Under 18 U.S.C. §§ 1962(a), (c), (d): Gjovik alleged a pattern of racketeering activity supported by predicate acts of mail and wire fraud, witness tampering (§ 1512), retaliation (§ 1513), and obstruction of justice—all in service of Apple’s ongoing scheme to conceal toxic exposures and retaliate against whistleblowers. The brief challenges the district court’s failure to analyze the predicate acts in detail and its legally erroneous conclusion that these acts could not form the basis of a viable civil RICO claim at the pleading stage.
• Rejection of California Statutory Claims (Bane Act, Ralph Act): The lower court summarily dismissed California civil rights claims despite evidence of coercive, retaliatory conduct explicitly aimed at suppressing protected disclosures and deterring participation in state and federal proceedings. The district court improperly applied heightened pleading standards and disregarded factual allegations consistent with established precedent under both the Bane and Ralph Acts.
• Dismissal of Toxic Tort Claims Based on Statute of Limitations. The court dismissed Gjovik’s environmental exposure claims by misapplying the statute of limitations and rejecting the discovery rule, despite clear allegations that Apple concealed the presence of hazardous materials and the plaintiff only became aware of the cause of her injuries in 2023. The brief argues that the limitations period was tolled due to fraudulent concealment, and that the underlying factual record supports application of the discovery rule as a matter of law. ​
• Abuse of Discretion in Denying Leave to Amend: The district court dismissed multiple claims with prejudice and without allowing amendment—contrary to Foman v. Davis, 371 U.S. 178 (1962), and Eminence Capital, LLC v. Aspeon, Inc., 316 F.3d 1048 (9th Cir. 2003) —despite Plaintiff never having amended her complaint and providing detailed proffers of additional facts.
• The brief underscores that courts in the Ninth Circuit must apply “extreme liberality” in favor of amendment, particularly where allegations involve evolving discovery, systemic concealment, and complex statutory claims. The factual record includes documented retaliation, reputational interference, attempted sextortion, and concealment of hazardous industrial emissions at Apple facilities, including toxic byproducts from semiconductor fabrication. These allegations are supported by federal complaints, internal communications, and related investigative disclosures.

This appeal implicates important legal and policy questions regarding:

• The scope of protection afforded to whistleblowers and federal crime victims under the CVRA and Marsy’s Law; The use of discovery and litigation procedure as tools of retaliation;
• The limits of corporate immunity where there is evidence of ongoing fraud, harassment, and environmental concealment;
• And the procedural safeguards required when a plaintiff alleges ongoing harm arising from unlawful enterprise conduct.

This appeal presents issues of first impression in the Ninth Circuit concerning the application of crime victim rights in civil proceedings, the scope of post-employment retaliation as a basis for RICO liability, and the limits of judicial discretion in denying leave to amend complex statutory claims involving concealed harm. It also raises critical questions about the use of discovery and protective orders in cases involving active retaliation, surveillance, and obstruction of protected disclosures.

The case implicates ongoing public policy concerns at the intersection of corporate accountability, environmental compliance, and whistleblower protection. The factual allegations are supported by contemporaneous disclosures to multiple government agencies and are consistent with broader federal enforcement actions in related contexts.

Procedural Status and Next Steps
The Ninth Circuit has jurisdiction under 28 U.S.C. § 1291 and § 1292(a)(1). In parallel with this appeal, Appellant has filed a Motion for Injunction Pending Appeal seeking to stay discovery and other retaliatory litigation conduct pursuant to Fed. R. App. P. 8(a)(2) and Fed. R. Civ. P. 62(c). That motion remains pending before the Court. Apple’s responsive brief is due in accordance with the scheduling order, after which Appellant will submit a reply brief. All filings, including the Opening Brief and Injunction Motion, are available at: ​ https://www.courtlistener.com/docket/69805803/gjovik-v-apple-inc/

​This appeal seeks to vindicate the rights of whistleblowers, ensure accountability for environmental and retaliatory misconduct, and affirm that procedural doctrines must not be used to shield unlawful corporate behavior from judicial scrutiny.

- Ashley 


The Ninth Circuit docket is here: 
https://www.courtlistener.com/docket/69805803/gjovik-v-apple-inc/

A copy of the brief is directly available here:

In early February 2025, I filed a series of formal discovery dispute letters in my ongoing litigation against Apple Inc., demanding court intervention over Apple’s blatant obstruction tactics during discovery. These filings were necessary because Apple has refused to comply with even the most basic legal obligations in this case.

For those following the battle closely: discovery is the legal process where both parties are supposed to exchange information. Apple, however, chose to play games instead of play fair.

The Filings: What I Took to the Court

On February 11, 2025, I filed four discovery-related motions, addressing Apple’s abusive tactics on multiple fronts:

1. Request for a Court-Supervised Discovery Conference
   I requested a telephonic conference with the magistrate judge because Apple outright refused to meet and confer in good faith. Apple refused to engage productively in discovery planning, refused to explain what materials they needed, and then falsely accused me of misconduct while withholding their own disclosures​.
2. Discovery Dispute Letter #1: Apple’s Document Production Failures
   I highlighted how Apple has refused to produce core documents — including records about my termination, internal investigations, and whistleblowing concerns. They simultaneously claim discovery is both "completed" and "has not yet begun," depending on which argument is more convenient​.
3. Discovery Dispute Letter #2: Apple’s Refusal to Provide Disclosures
   Apple failed to comply with basic disclosure rules, like identifying who made the decision to fire me and producing related records. Shockingly, Apple’s key defense witness has now submitted three sworn declarations claiming she has never met me, directly contradicting Apple’s litigation position and raising serious questions of perjury and credibility​.
4. Discovery Dispute Letter #3: Apple’s Abusive Privilege & Confidentiality Claims
   Apple declared almost every document as "confidential" by default and refused to provide a privilege log. They even demanded a protective order that would prevent me from sharing evidence with regulators — a tactic designed to suppress whistleblowing and evade accountability​.

What I’m Asking the Court to Do

In my letters, I asked the Court to:

• Compel Apple to produce missing documents and provide proper disclosures.
• Invalidate Apple’s overbroad confidentiality designations.
• Require Apple to produce a legitimate privilege log.
• Order Apple to negotiate a reasonable discovery plan in good faith.
• Consider sanctions for Apple’s obstructionist behavior under Rule 37.

My goal is simple: transparency, accountability, and compliance with the law. Apple's behavior isn’t just frustrating — it reveals a deliberate strategy to delay justice and obstruct the truth.

As I wrote in my filings: “Apple’s actions constitute an intentional and coordinated effort to obstruct discovery. Their refusal to engage in good faith negotiations, contradictory positions, and outright defiance of Court-ordered obligations demand judicial intervention.”​

What Happens Next

The Court has not yet ruled on these motions, but I remain committed to pushing for accountability. Whether Apple likes it or not, I will continue to expose their bad-faith tactics and fight for a fair process.

You can read the filings here:

• Request for Court-Supervised Conference
• Discovery Dispute Letter #1 (Production Failures)
• Discovery Dispute Letter #2 (Disclosures)
• Discovery Dispute Letter #3 (Privilege & Confidentiality Abuse)

Follow the full district court docket here: Gjovik v. Apple Inc. (District Court Docket)