@ashleygjovik@mastodon.social cover
@ashleygjovik@mastodon.social avatar

ashleygjovik

@ashleygjovik@mastodon.social

This is my true-crime-podcast of an account dedicated to my whistleblower legal battle with my ex-employer, Apple Computer

Ask me about Apple's neglected offices on dangerous toxic waste dumps; Apple's secret silicon fab exhausting metric tons of solvents & lethal gases in the middle of dense residential neighborhoods; & how Apple fired me after I learned about it & complained to the US gov.

Moved from: @ashleygjovik

This profile is from a federated server and may be incomplete. View on remote instance

dell , to Random stuff
@dell@journa.host avatar

An FBI email obtained by WIRED shows a Deputy Director encouraging warrantless wiretaps of "US persons."

Meanwhile, we've learned Intel Committee members are hosting a private party on the Hill called "FISA FEST" to celebrate extending a warrantless spy program.

By me & William Turton:

https://www.wired.com/story/fbi-section-702-us-person-queries-email/

ashleygjovik ,
@ashleygjovik@mastodon.social avatar

@dell https://mastodon.social/@ashleygjovik/112112064507383091

ashleygjovik , to Random stuff
@ashleygjovik@mastodon.social avatar

🧵 In Apple's recent flurry of frivolous motions in the civil lawsuit, Apple motioned for something so bizarre that I could not find any legal or factual precedent for it. found a copy of my complaint (filed to the SEC about Apple) & Apple tried to request Judicial Notice of it for Apple's defense, despite not being a party to it & that also not being how judicial notice works.

bout you Submitter # 1 Q: Are you filing this tip under the SEC's whistleblower program? A: Yes Q: Are you an attorney filling out this form on behalf of an anonymous whistleblower client who is seeking an award? A: No Q: First Name A: Ashley Q: Middle Name A: Marie Q: Last Name A: Gjovik
complaint cover page

ashleygjovik OP ,
@ashleygjovik@mastodon.social avatar

The only legal authority Apple cited as a basis for doing this was "Civil Minutes" from an unpublished "In Chambers Order" but even that case was about a SEC complaint that was the SEC suing one of the parties, not a 'confidential' whistleblower tip the other side wasn't party to

image/png
image/png

Here, Plaintiff directly and indirectly references Exhibits A and B, or the contents thereof, 22 in the TAC. See TAC ¶¶85-86, 169-70, 172 (SEC Submission); id. ¶¶234-37 (Offer Letter). 23 Because Exhibits A and B are referred to in the TAC, their authenticity is not disputed, and 24 Plaintiff’s TAC necessarily relies on them (by virtue of basing certain allegations on them), she has 25 incorporated them by reference and the Court should take judicial notice of them. See Juster v. 26 Workday, Inc., 2022 WL 3030530, at *1 n.1 (N.D. Cal. Aug. 1, 2022) (on motion to dismiss, taking 27 judicial notice of offer letter that was incorporated by reference); Ansell v. Laikin, 2011 WL 28 3274019, at *3 (C.D. Cal. Aug. 1, 2011) (on motion to dismiss, taking judicial notice of SEC
ALT
  • Reply
    • ashleygjovik OP ,
    @ashleygjovik@mastodon.social avatar

    Apple can't get judicial notice for my complaint because Apple cannot authenticate it, because Apple wasn't party to it nor did Apple request an affidavit from me about it.

    In addition, there's much case law explaining the Defendant can't judicial notice stuff to simply build a defense for a motion to dismiss a Plaintiff's complaint.

    image/png
    image/png

    ashleygjovik OP ,
    @ashleygjovik@mastodon.social avatar

    After I responded to Apple's motion with actual facts & law, Apple replied via its motions for judicial notice & motion to dismiss, now belligerently insisting that I must prove my SEC complaint is "protected activity", and claiming that I 'understand' its 'not' protected activity because I refused to bicker with Apple substantively point by point on a frivolous motion that was clearly only meant to harass me.

    So... things are going great over here.

    Plaintiff presumably understands that her SEC Submission does not qualify as protected activity under SOX or Dodd-Frank; otherwise, Plaintiff would likely not have opposed the request and would have instead used her Opposition to highlight the portions of her SEC Submission that she believes support a claim.

    ashleygjovik , to Random stuff
    @ashleygjovik@mastodon.social avatar

    I'm feeling very proud of successfully litigating against Apple the megacorp as my own lawyer. I've done exceptionally well so far, considering the resources they have. It's a huge feat.

    I've been reflecting about it - and I think my autism has helped a lot. They try to do all sorts of weird stuff to me that does not interest me at all.

    A personality test once called me a "talkative little calculator." I felt seen.

    ashleygjovik , to Random stuff
    @ashleygjovik@mastodon.social avatar

    The city of Cupertino is known today as Computer's headquarters, but many years ago the city was named in honor of St. José de , a Franciscan known for being "remarkably un-clever" and a "nuisance" with a "bad temper," but who gained fame based on stories of his miracles, including levitation. In retrospect, these "miracles" are now believed to have been hallucinations due to ergot poisoning from rye bread (aka, 'Saint Anthony's Fire'). Ergot is chemically similar to LSD.

    ashleygjovik , to Random stuff
    @ashleygjovik@mastodon.social avatar

    I was noticing many weird, histrionic posts from the Apple blogs about an ex-employee being convicted of a federal crime - but always smearing the employee about worrying about Apple spying on him. Many posts also called it a "short trial." I got curious.

    PACER showed a 21 month long trial, across two states, with over 180 docket entries. Motions to suppress evidence exposed the FBI illegally spied on the employee, illegally searched his property, & illegally arrested him -at referral of Apple.

    A federal jury has convicted a former #Apple software engineer for threatening to injure FBI agents after a short trial.👀
    image of docket

    ashleygjovik , to Random stuff
    @ashleygjovik@mastodon.social avatar

    Apple's defense in my case appears to be that only Northrop Grumman is responsible for anything that occurs related to the toxic waste it dumped under my office in the 70s, & thus Apple can do whatever it wants related to that existing toxic waste & Superfund site (including threatening witnesses who could report Apple's apparent environmental crimes) without consequence. Cool. This will go great for them.

    ashleygjovik , to Random stuff
    @ashleygjovik@mastodon.social avatar

    Your friendly neighborhood grocery store is calling for the abolishment of federal labor protections...

    Trader Joes is having a normal one.

    1/26/24, Bloomberg: Trader Joe’s Follows SpaceX in Arguing US Board ( ) Is Unconstitutional
    https://www.bloomberg.com/news/articles/2024-01-26/trader-joe-s-follows-spacex-in-arguing-nlrb-is-unconstitutional

  • All
  • Subscribed
  • Moderated
  • Favorites
  • •
  • Mordhau
  • WatchParties
  • Rutgers
  • loren
  • Lexington
  • cragsand
  • mead
  • RetroGamingNetwork
  • mauerstrassenwetten
  • MidnightClan
  • xyz
  • PowerRangers
  • AnarchoCapitalism
  • kamenrider
  • supersentai
  • itdept
  • neondivide
  • AgeRegression
  • Teensy
  • WarhammerFantasy
  • space_engine
  • learnviet
  • bjj
  • electropalaeography
  • steinbach
  • khanate
  • jeremy
  • fandic
  • All magazines
    •