Case 3:23-cv-04597-EMC Document 127 Filed 11/06/24 Page 1 of 4
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`Ashley M. Gjovik, JD
`In Propria Persona
`2108 N St. Ste. 4553
`Sacramento, CA, 95816
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`(408) 883-4428
`legal@ashleygjovik.com
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`United States District Court
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`Northern District of California
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`Ashley M. Gjovik , an individual,
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`Case No. 3:23 -CV-04597-EMC
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`Plaintiff,
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`Administrative
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`Intent to File 5AC on 11/6
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`Apple Inc., a corporation,
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`Confirmation that Ninth
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`Defendant.
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`Circuit Appeal is Pending
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`Case 3:23-cv-04597-EMC Document 127 Filed 11/06/24 Page 2 of 4
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`Notice of Intent to File 5AC on Nov. 6 2024
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`Plaintiff, Ashley Gjovik , respectfully submits the following Administrative
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`Notice, providing a notice of intent to file her Fifth Amended Complaint, today
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`on Nov. 6 2024. I apologize for the delay and that I could not file it yesterday.
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`My revisions have been delayed , following the court’s order last week , due
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`to my PTSD and anxiety symptoms, which have worsened significantly while
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`having to remove critical parts of my lawsuit – and those parts represent events in
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`my life which previously caused me severe emotion distress when they occurred
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`originally, exacerbating my distress now. I have also suffered from PTSD
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`symptoms due the requirement of publicly detailing my IIED claims while
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`concurrently being harassed by the Defendant and certain non-parties about those
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`events, and in response to me attempting to complain about these event s –
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`including additional threats of non -specific reprisals.
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` However, I am tr ying to manage my distress and I am committed to filing
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`the 5AC by midnight PST.
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`Notice of Status of Appeal
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`Defendant has filed an Opposition to Plaintiff ’s Motion to Stay (Dkt . 126)
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`and in the filing Defendant claimed that the Plaintiff ’s interlocutor y appeal was
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`dismissed by the Ninth Circuit and is no longer at issue.
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`P l a in t i ff ’ s No t i c e | C a s e No . 3 : 2 3 - C V- 0 4 5 9 7 - E M C
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`Case 3:23-cv-04597-EMC Document 127 Filed 11/06/24 Page 3 of 4
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`Plaintiff confirmed with the Ninth Circuit clerk’s office a week ago that her
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`Motion for Reconsideration is under review and the court will respond to it. Due
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`to Defendant’s statements today, Plaintiff also called the Ninth Circuit clerk’s
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`office again today to reconfirm, and the clerk’s office did confirm that the Motion
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`to Reconsider is still under review and that the Ninth Circuit will respond to the
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`Plaintiff/Appellant , in the case docket, when they have made a decision.
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`Interlocutor y appeals are uncommon and granting motions to reconsider are
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`also uncommon, however Plaintiff is encouraged the court has been reviewing the
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`case record for two weeks now, which seems to imply the motion to reconsider was
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`accepted, though any further outcome is still pending.
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`Plaintiff also asks once again, that Defendant please cease making personal
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`attacks on the Plaintiff ’s character and competence, and that Defendant cease
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`attempting to blame the Plaintiff for problems the Defendant created itself ( ie,
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`delays due to ser vice dodging, their own requests to delay the filing schedule,
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`requests to delay the discover y schedule, raising unnecessar y and time -wasting
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`issues, an excessive number of motions to dismiss and motions to strike , and
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`repeatedly arguing incorrect law and misrepresenting facts leading to the issues
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`now pending appeal).
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`On a related note, it was extremely suspicious that the Ninth Circuit
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`abruptly dismissed Plaintiff ’s appeal, despite previously docketing it and issuing
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`a scheduling order, just one day after Apple filed a Motion to Dismiss the appeal
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`and without any opportunity for Plaintiff to respond to the Motion or with a Brief.
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`P l a in t i ff ’ s No t i c e | C a s e No . 3 : 2 3 - C V- 0 4 5 9 7 - E M C
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`Case 3:23-cv-04597-EMC Document 127 Filed 11/06/24 Page 4 of 4
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`Plaintiff will file her 5AC by end of the day.
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`Thank you.
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`Dated: Nov. 6 2024.
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`Signature:
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`/s/ Ashley M. Gjovik
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`Pro Se Plaintiff
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`Email: legal@ashleygjovik.com
`Physical Address :
`Boston, Massachusetts
`Mailing Address:
`2108 N St. Ste. 4553 Sacramento, CA, 95816
`Phone: (408) 883-4428
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`P l a in t i ff ’ s No t i c e | C a s e No . 3 : 2 3 - C V- 0 4 5 9 7 - E M C
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