3:23-cv-04597•Gjovik v. Apple Inc.
Full text
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court Northern District of California UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA ASHLEY M GJOVIK, Plaintiff, v. APPLE INC., Defendant. Case No. 23-cv-04597-EMC ORDER RE PLAINTIFF’S MOTION FOR CLARIFICATION Docket No. 402 Pending before the Court is Ms. Gjovik’s motion for clarification. The Court addresses each issue raised by Ms. Gjovik below. 1. Finality of order at Docket No. 398. In the order at Docket No. 398, the Court denied Ms. Gjovik’s challenge to a magistrate judge order related to confidentiality issues. The issue of whether this Court’s order at Docket No. 398 is a final one (i.e., for purposes of appeal) is moot. Ms. Gjovik has now appealed the order at Docket No. 398. 2. Scope of the order at Docket No. 398. Ms. Gjovik seems to be asking whether the order at Docket No. 398 is the final ruling on confidentiality-related matters. She refers to the merger doctrine. See, e.g., Commonwealth Sch., Inc. v. Commonwealth Acad. Holdings LLC, 994 F.3d 77, 82 (1st Cir. 2021) (“Once a district court enters final judgment, . . . antecedent interlocutory orders typically merge into the judgment and become subject to appellate review.”). Consistent with the above, the issue here is moot. Ms. Gjovik has now appealed the order at Docket No. 398. 3. Relationship to the pending appeal. Ms. Gjovik seems to be asking whether pre- judgment orders related to sealing are part of her appeal of the final judgment and/or whether post- Case 3:23-cv-04597-EMC Document 407 Filed 08/25/26 Page 1 of 2
2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 United States District Court Northern District of California judgment orders related to sealing should be part of a second appeal. As above, the issue is moot given that Ms. Gjovik has now appealed the order at Docket No. 398. 4. Schedule for compliance and motion practice. Per the Court’s order at Docket No. 398, the parties were to meet and confer to determine what documents should be sealed consistent with Judge Westmore’s order. Ms. Gjovik has asked for a date by which the parties should meet and confer. Given the number of documents, the Court orders the parties to complete their meet and confer (which must be undertaken in good faith) by September 4, 2026. If the parties have disagreements they cannot resolve, they should reach out to Judge Westmore. 5. Collateral jurisdiction. The jurisdiction of Judge Westmore and this Court is limited given Ms. Gjovik’s appeals. But as both parties have essentially recognized, “[a] district court may retain jurisdiction when it has a duty to supervise the status quo during the pendency of an appeal . . . .” Stein v. Wood, 127 F.3d 1187, 1189 (1997). Whether Judge Westmore or this Court will have jurisdiction should the parties have disputes about confidentiality after their meet and confer is a question that may turn on the specifics of the issue. This order disposes of Docket No. 402. IT IS SO ORDERED. Dated: August 25, 2026 ______________________________________ EDWARD M. CHEN United States District Judge Case 3:23-cv-04597-EMC Document 407 Filed 08/25/26 Page 2 of 2
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.