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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 1 of 75
`
`
`
`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
`
`
`Ashley M. Gjovik, JD
`Pro Se Plaintiff
`
`2108 N St. Ste. 4553
`
`Sacramento, CA, 95816
`
`(408) 883-4428
`
`legal@ashleygjovik.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`ASHLEY GJOVIK, an individual,
`
`
`
`
`Plaintiff,
`
`v.
`
`
`
`APPLE INC, a corporation, et al,
`
`
`
`Defendant.
`
`
`
`Case No. 3:23-cv-04597-EMC
`
`Filed: September 7, 2023
`
`District Judge: Honorable Edward Chen
`
`THIRD AMENDED COMPLAINT
`
`PLAINTIFF’S CLAIMS:
`
`A. The RICO Act,
`18 U.S.C. §§ 1962(a), (c), (d)
`
`B. Sarbanes-Oxley Act Whistleblower,
`18 U.S.C. § 1514A
`
`C. Dodd-Frank Act Whistleblower,
`15 U.S.C. § 78u-6(h)(1)(A)(iii)
`
`D. Private Nuisance & Nuisance Per Se
`Cal. Civil Code § 3479
`
`E. Ultrahazardous / Abnormally Dangerous
`Activities (California Strict Liability)
`
`F. Bane Civil Rights Act,
`Cal. Civ Code § 52.1
`
`G. Ralph Civil Rights Act,
`Cal. Civ Code § 51.7
`
`H. Cal. Whistleblower Protection Act, Cal.
`Labor Code § 1102.5
`
`I. Retaliation for Filing Complaints,
`Cal. Labor Code § 98.6
`
`J. Retaliation for Safety Activities,
`Cal. Labor Code § 6310
`
`K. Termination in Violation of Public Policy
`California Tamney claim
`
`L. Breach of Implied Contract & Covenant of
`Good Faith & Fair Dealing
`
`M. Infliction of Emotional Distress (IIED/NIED)
`
`N. Unfair Competition Law,
`Cal. Business & Professional Code § 17200
`
`
`
`
`
`DEMAND FOR JURY TRIAL
`
`1
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 2 of 75
`
`
`
`
`
`1.
`
`Ashley Gjovik (“Plaintiff”) alleges that Apple Inc (“Defendant”) has violated numerous
`
`federal laws that directly caused her injury, including the RACKETEER INFLUENCED AND CORRUPT
`
`ORGANIZATIONS ACT [18 U.S.C. § 96] (with predicate acts of wire fraud, mail fraud, securities fraud,
`
`witness intimidation, witness retaliation, and non-peaceful use of chemical weapons), SARBANES OXLEY
`
`ACT [18 U.S.C. § 1514A], and DODD-FRANK ACT [15 U.S.C. § 78u-6(h)(1)(A)(iii]. Additionally, Plaintiff
`
`alleges Apple violated several California Labor Codes, including § 1102.5, § 98.6, and § 6310, and several
`
`California toxic torts, including private nuisance and ultrahazardous activities. Finally, Plaintiff also
`
`alleges Apple intentionally and negligently inflicted emotional distress upon her in the states of California
`
`and New York, and the Commonwealth of Massachusetts.
`
`I.
`
`JURISDICTION & VENUE
`
`2.
`
`This court has jurisdiction over both subject matter and diversity claims. The United States
`
`District Courts have original and exclusive jurisdiction over whistleblower retaliation claims under THE
`
`SARBANES-OXLEY ACT AND THE DODD-FRANK ACT. This US District Court has federal question
`
`jurisdiction over “all civil actions arising under the Constitution, laws, or treaties of the United States”
`
`[28 U.S.C. § 1331], which provides original jurisdiction over several claims and issues in this case.
`
`3.
`
`The United States District Courts also have diversity jurisdiction over this case because the
`
`amount in controversy exceeds $75,000 and the parties are of diverse state citizenship. [28 U.S.C. § 1332].
`
`When the complaint was filed, Plaintiff was domiciled in the state of New York and is now domiciled in
`
`the Commonwealth of Massachusetts. Defendant is a corporation headquartered in California.
`
`4.
`
`The federal courts have an independent basis for federal jurisdiction on this case; thus, they
`
`may also exercise supplemental jurisdiction because the claims arise from the same case and controversy,
`
`share a common nucleus of operative fact, and would ordinarily be expected to be tried in one judicial
`
`proceeding. [28 U.S.C. § 1367; Osborn v. Haley]. The state claims here require analysis of many of the
`
`same facts and legal questions as the federal claims.
`
`5.
`
`Venue is proper in the District Court of Northern California because Apple is
`
`headquartered and operates in this district. Many of Gjovik’s claims arose from acts, omissions, and
`
`injuries within the District of Northern California. The plaintiff filed this complaint with the San Francisco
`
`Division; however, the San Jose and San Francisco Divisions are proper. [Civil L.R. 3-5(b)].
`
`
`
`II.
`
`PARTIES
`
`2
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 3 of 75
`
`
`
`
`
`6.
`
`Ashley Gjovik, (pronounced “JOE-vik”), (“Plaintiff”), was an Apple employee and a
`
`covered person under applicable statutes in this complaint. Gjovik is a natural person domiciled in
`
`Massachusetts, holding a Juris Doctor, and appearing Pro Se. Gjovik lived in Santa Clara from February
`
`2020 through October 2020 and August 2021 through August 2022. Gjovik lived and worked in San
`
`Francisco County from October 2020 through August 2021. Gjovik established a consulting LLC in
`
`California in 2022, which she continues to manage with a virtual office in Sacramento at 2108 N St. Ste.
`
`4553 Sacramento, CA, 95816. (The LLC address is used on papers for privacy.)
`
`7.
`
`Apple Inc., (“Defendant”), is a business engaged in and affecting interstate commerce and
`
`a covered entity under the statutes at issue here. Apple is a corporation headquartered at One Apple Park
`
`Way in Cupertino, California. “Apple” refers to its successors and assigns; controlled subsidiaries,
`
`divisions, groups, affiliates, partnerships, and joint ventures; and their directors, officers, managers,
`
`agents, and employees. Apple is engaged in interstate and foreign commerce and has offices, stores, call
`
`centers, and other facilities in numerous US states and foreign countries. Apple’s business consists of
`
`“design, manufacture, and marketing” products and sales of “various related services.” As of December
`
`2023, Apple Inc. claimed a market cap of $3.021 trillion and annual revenue of $383.29 billion. 1 Apple’s
`
`stock ticker symbol is AAPL. At all pertinent times, Apple was the tenant and operator controlling the
`
`facilities at 825 Stewart Drive in Sunnyvale and 3250 Scott Boulevard in Santa Clara, California.
`
`III. NOTICE OF PENDENCY & CONFLICT OF LAWS
`
`8.
`
`Gjovik left her CERCLA (“Superfund”) and OSH Act whistleblower retaliation cases with
`
`the US Department of Labor as the claim’s exclusive jurisdiction is with the US Department of Labor,
`
`and there is no way to remove the two charges to the US district courts for a de novo trial. The OSH Act
`
`charge is under the “Request for Review” process with the Directorate of Whistleblower Protection
`
`Programs, and her CERCLA charge is docketed with the US DOL Office of Administrative Law Judges
`
`under 2024-CER-00001 in Boston.
`
`9.
`
`Gjovik has six pending NLRB charges. NLRB cases cannot be removed to court for de
`
`novo hearings, as the NLRB has exclusive jurisdiction to adjudicate cases under the NLRA. The NLRB
`
`issued a Decision of Merit on two of Gjovik’s charges in January 2023, (thus the NLRB will issue a
`
`1 Apple Inc, 2023 10K,.
`
`
`
`
`
`3
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 4 of 75
`
`
`
`
`
`complaint and sue Apple if Apple does not settle first). Gjovik’s two meritorious charges included Apple’s
`
`Business Conduct Policy, NDAs, Intellectual-Property Agreement, and an email CEO Tim Cook sent his
`
`staff in September 2021, shortly after Gjovik was fired.2 Gjovik’s four other charges allege unfair labor
`
`practices. Three were under review with the General Counsel’s Division of Advice office for some time.3
`
`The fourth charge was recently filed due to Apple’s out-of-court conduct related to this case, including
`
`promulgating unlawful work rules.4
`
`IV.
`
`STATEMENT OF FACTS
`
`10.
`
`The Plaintiff, Ashley Gjovik, is a 37-year-old woman residing in Boston, Massachusetts.
`
`Gjovik holds a Bachelor of Science in Liberal Studies and a Juris Doctor degree awarded in June 2022.
`
`Gjovik also has a certificate in Public International Law and participated in a ‘summer abroad’ studying
`
`international law and transitional justice at the University of Oxford in 2021 and worked for a term for a
`
`non-profit organization as a legal caseworker for refugees and asylum seekers in 2021.
`
`11.
`
`Gjovik worked at Apple from 2015 to 2021. At the time of her termination, her title was
`
`Senior Engineering Program Manager, and her base salary was $169,000 annually. In the last full year,
`
`Gjovik worked at Apple (2020), her total W-2 compensation was $386,382. Gjovik was the co-founder of
`
`a large women’s community group at Apple. Gjovik worked in a rotation position within Apple’s Legal
`
`department in 2019-2020, primarily supporting the Government Affairs and Software Product Legal
`
`teams’ efforts to establish Apple’s first company-wide Artificial Intelligence Ethics and Social
`
`Responsibility policy.
`
`12.
`
`Since September 2023, Gjovik has been a program manager for an air pollution research
`
`project at a non-profit research university. The role is temporary and does not utilize her legal or
`
`engineering experience. After two years of searching and hundreds of applications, it was the first and
`
`only job offer she could obtain. The role is a far lower seniority than her role at Apple, and in this first job
`
`after Apple, Gjovik’s salary was reduced by 41% and total compensation lowered by 74%.
`
`i.
`
`13.
`
`Gjovik’s Employment at Apple
`
`Gjovik joined Apple on February 23, 2015, as an Engineering Project Manager in the
`
`
`2 32-CA-284441 and 32-CA-284428 (Oct. 12 2021).
`3 32-CA-282142 (Aug. 26 2021), 32-CA-283161 (Sept. 16 2021), 32-CA-288816 (Jan. 10 2022).
`4 01-CA-332897 (Dec. 29 2023).
`
`
`
`4
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 5 of 75
`
`
`
`
`
`Software Project Management Office until January 2017. She reported to several managers under the same
`
`Director (Venkat Memula) during this time. Gjovik experienced severe harassment, discrimination,
`
`bullying, and an untenable hostile work environment during those two years, primarily from her
`
`coworkers, Rob Marini and Brad Reigel. Memula repeatedly failed to correct their behavior.
`
`14. Marini bragged that he was known to executives as their “Little Gestapo.” He quickly made
`
`a work tracking ticket titled “Make Ashley’s Life a Living Hell,” then assigned it to Reigel. Marini often
`
`planned and orchestrated malicious schemes to harass Gjovik and cause her distress, including getting
`
`multiple members of the team to physically attack Gjovik, spreading rumors about Gjovik, secretly
`
`recording Gjovik and sharing recordings with their team (a crime in California), and frequently pressuring
`
`Gjovik to drink hard alcohol at work. Marini made cruel comments. He once noticed Gjovik made a typo
`
`in an XML and told Gjovik that her mother should have had an abortion. Both Marini and Reigel cursed
`
`at Gjovik, called her names, and wrote harassing statements and nicknames on whiteboards about her.
`
`Memula assigned Gjovik to share an office with Marini. Marini told Gjovik in the first week that all of
`
`his prior officemates either quit the company, left the country, or killed themselves. Marini asked Gjovik
`
`which path she would choose. Marini once told Gjovik he targeted her with harassment and bullying
`
`because she was ‘joyful,’ and he wanted to ‘extinguish’ her light.
`
`15.
`
`Reigel was an active police officer, had ammunition in his office, allegedly physically
`
`‘flipped a table’ in a meeting, and supposedly kept a gun in his car at times. Reigel once kept Gjovik in a
`
`conference room with the door closed and berated her for a prolonged period while she wept and begged
`
`him to stop. He sometimes made ‘joking’ comments, like he’d ‘smack her’ if she did not do what he said.
`
`16.
`
`Gjovik’s first manager, Linda Keshishoglou, tried to bribe Gjovik in exchange for Gjovik
`
`providing a positive review to Keshishoglou’s manager, Memula. Gjovik reported it to Memula and
`
`Human Resources. When Keshishoglou left the organization, Gjovik was transferred to report to Reigel.
`
`Gjovik attempted to move to a different team but was thwarted and blocked by Reigel, who provided
`
`negative feedback about her to the hiring manager and could not explain why.
`
`17.
`
`Gjovik was then transferred under Evan Buyze and Shandra Rica (in Memula’s
`
`organization) to run Early Field Failure Analysis for the company, where she received very positive
`
`feedback and praise until one specific field issue which led to a retaliatory constructive termination.
`
`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
`
`
`
`Gjovik’s managers had become upset at Gjovik because Gjovik was earnestly trying to investigate a trend
`
`
`
`5
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 6 of 75
`
`
`
`
`
`of battery failures in the field, and Gjovik’s managers preferred to “ignore it and hope it goes away” and
`
`told Gjovik to also “ignore it,” which Gjovik refused to do. Buyze and Rica told Gjovik not to tell people
`
`why she was leaving their organization, with Rica saying she “doesn’t like people who talk shit.” This
`
`battery failure issue and Apple’s resulting response would be nicknamed “Batterygate.”
`
`18.
`
`Gjovik joined Product Systems Quality in Hardware Engineering in January 2017 after
`
`leaving Software Engineering. Gjovik now reported to Dan West (Senior Director) and David Powers
`
`(Director) as a Senior Engineering Program Manager and chief of staff. Both West and Powers engaged
`
`in harassing, discriminatory, and inappropriate conduct toward Gjovik – including remarks and decisions
`
`that discriminated against Gjovik based on sex, gender, and disability. In December 2017, West also
`
`attempted to coerce Gjovik to engage in a romantic relationship with one of West’s business partners,
`
`which would benefit West personally. Gjovik complained then and later, and in January 2021, West
`
`admitted it was “one of the worst things [he’s] ever done.”
`
`19.
`
`Other leaders in West’s organization also discriminated against Gjovik, including John
`
`Basanese, who frequently complained that Gjovik was not married and did not have kids, and during
`
`company social events, often pressured Gjovik to ‘settle down’ and ‘have kids.’ Gjovik complained to
`
`Basanese and West about the statements, but Basanese persisted for years. In addition, Powers’ US-based
`
`team was 90% men, and all of Powers’ other direct reports (other than Gjovik) were men.
`
`20. While Gjovik’s performance reviews were positive, outside the reviews, Powers and West
`
`frequently gave Gjovik ‘feedback’ like she was too ‘emotional,’ ‘aggressive,’ or ‘expressive. Gjovik gave
`
`both men ‘feedback’ in response to their feedback, complaining about inappropriate comments. West
`
`would usually listen and thank her for being honest with him. Powers did not respond well and frequently
`
`berated her. In two meetings, Powers criticized Gjovik, making her cry, and then berated her about her
`
`crying, making her cry more.
`
`21.
`
`Before Apple’s unlawful actions towards Gjovik, Gjovik wanted to continue working at
`
`Apple even after she graduated from law school in June 2022. She intended to stay at Apple indefinitely
`
`if she could transfer to a better role, not in a hostile work environment like her current role. Gjovik had
`
`initiated friendships with leadership in Apple Legal in 2018, hoping she could intern with them (which
`
`she did in 2019) and convince them to hire her upon graduation. She continued mentioning this plan into
`
`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
`
`
`
`2021. Meanwhile, Gjovik’s supervisor, West, frustrated several of Gjovik’s attempts to transfer to roles
`
`
`
`6
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 7 of 75
`
`
`
`
`
`focused on law/legislation/policy – including directly blocking an offer in December 2020 for Gjovik to
`
`work on Apple’s implementation of circular economy legislation.
`
`ii.
`
`22.
`
`Apple’s Secret Semiconductor Fabrication at 3250 Scott Blvd (“Aria”)
`
`In early 2015, Apple started stealth semiconductor fabrication activities in a facility located
`
`at 3250 Scott Boulevard in Santa Clara, California, which Apple codenamed “ARIA.” The factory is less
`
`than three hundred feet from thousands of homes where Gjovik lived in 2020. Apple intentionally vented
`
`its fabrication exhaust – unabated – and consisting of toxic solvent vapors, gases, and fumes – into the
`
`ambient outdoor air. The factory was only one story, while the apartments were four stories tall, creating
`
`a high likelihood that Apple’s factory exhaust entered the interior air of the apartments through open
`
`windows and the 'fresh air intake' vents.
`
`23.
`
`Apple Inc. was fully aware of this facility and its operations, including the vast amount of
`
`hazardous materials and hazardous waste, as every year, Apple submits a financial assurance document
`
`to the Santa Clara Fire Department & Haz Mat agency, which details hazardous waste treatment and
`
`disposal operations, and is personally signed by Apple’s Chief Financial Officer, Luca Maestri – including
`
`affixing a company seal. Each financial assurance filing attached a detailed confirmation letter from
`
`Apple’s third-party auditor, E&Y. Maestri, who was also on the email distribution list for notification of
`
`hazardous waste violations at the facility.
`
`24.
`
`Upon initiating operations, Apple was quickly cited for building, environmental,
`
`health/safety, and fire code violations at ARIA in at least 2015 (stop work order due to construction
`
`without permits), 2016 (spill of cooling water, fire code and CalASPA violations, health & safety code
`
`violations), 2019 (phosphine and silane spill, phosphine leak, wastewater testing violations), 2020 (fire
`
`code violations, using two EPA identification numbers, inaccurate hazmat inventory data, Tetraethyl
`
`Orthosilicate spill, no spill plans or training, no business permit, no signature from supervisor on records),
`
`2021 (ozone leak, another phosphine leak), and 2022 (fluorine gas leak and Hexafluorobutadiene leak).
`
`25.
`
`In February 2020, Gjovik moved into an apartment building at 3255 Scott Blvd and became
`
`severely ill. Gjovik suffered severe fainting spells, dizziness, chest pain, palpitations, stomach aches,
`
`exhaustion, fatigue, and strange sensations in her muscles and skin. Gjovik also suffered bradycardia (slow
`
`heart rate), volatile blood pressure with both hypertension and hypotension and a high frequency of
`
`premature ventricular contractions (an arrhythmia). From February 2020 through September 2020, Gjovik
`
`
`
`7
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 8 of 75
`
`
`
`
`
`was screened for multiple severe and fatal diseases and disorders, including Multiple Sclerosis, brain
`
`tumors, deadly arrhythmias, and Neuromyelitis Optica – instead, all of Gjovik’s symptoms were consistent
`
`with chemical exposure. Due to the solvent exposure, Gjovik also suffered skin rashes, burns, and hives,
`
`and her hair fell out and she had a shaved head for most of 2022 as the bald patches grew back.
`
`26.
`
`Gjovik visited the Emergency Room on February 13, 2020, and Urgent Care (at AC
`
`Wellness, Apple’s for-profit in-house clinic) on February 20, 2020. Gjovik subsequently consulted with
`
`dozens of doctors, who screened her for all sorts of diseases, subjecting Gjovik to extensive blood draws,
`
`urine samples, injections, and scans – including potentially dangerous procedures like MRI and CT scans
`
`with contrast, of which Gjovik had multiple. Gjovik was too sick to work and went on disability.
`
`27.
`
`Gjovik transitioned her medical care to a different clinic and provider after her Apple
`
`primary care provider at AC Wellness refused to help her triage her 2020 medical issues (due to exposure
`
`to Apple’s factory exhaust) and instead suggested Gjovik could be suffering from anxiety and enrolled
`
`Gjovik in an Apple internal user study related to blood pressure, requiring Gjovik share her iPhone medical
`
`and fitness data with Apple, and participate in weekly life coaching sessions (while being exposed to
`
`Apple’s solvent vapor and gas exhaust).
`
`28. While sick in 2020, Gjovik would wake up occasionally at 3 AM feeling like she was dying
`
`and with symptoms of heart failure and asphyxia. Heart monitoring showed arrhythmias, bradycardia, and
`
`low blood pressure. All of these symptoms match Phosphine and Arsine gas exposure, which can quickly
`
`become lethal. Apple has a significant quantity of Arsine gas on site, and Gjovik’s medical tests from
`
`September 2020, the morning after one of the 3 AM attacks, revealed significant arsenic in her blood with
`
`no other explanation than Arsine gas exposure within the prior eight hours.5
`
`29.
`
`On September 2, 2020, Gjovik discovered high levels of volatile organic compounds in her
`
`indoor air when she was feeling severely ill. Gjovik sought out multiple occupational and environmental
`
`exposure doctors, who told Gjovik that all of her symptoms were consistent with solvent and other
`
`chemical exposures. After Gjovik discovered her medical issues at the apartment were due to a chemical
`
`emergency, Gjovik quickly filed complaints with Santa Clara City HazMat/Fire Department, California
`
`EPA, and US EPA. She also called poison, who said what she described also sounded like Benzene
`
`
`5 US CDC, NIOSH, Arsine Emergency Response.
`
`
`
`8
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 9 of 75
`
`
`
`
`
`exposure. Gjovik notified several Apple executives of her findings and activities, including her managers
`
`Powers (Director) and West (Sr. Director), her friends J.C. (Senior Director) and A.A. (Senior Manager).
`
`30.
`
`In September 2020, Gjovik hired an industrial hygienist to test the indoor air at her
`
`apartment. It returned results showing a number of the chemicals in use by Apple at ARIA including
`
`Acetone, Acetonitrile, Acetaldehyde, Benzene, 1,2-Dichloroethane, Ethanol, Ethylbenzene, Hexane,
`
`Isopropanol, Isopropyl toluene, Methylene Chloride, Toluene, 1,2,4-TMB, and Xylene. However, the TO-
`
`17 test only returned chemicals for ½ of the total VOCs it accounted for. The testing panel did not test for
`
`NMP, arsine, phosphorus, silane, or chlorine – they may have also been present. In September 2020,
`
`Gjovik’s blood and urine medical tests showed industrial chemicals, including Arsenic/Arsine, Toluene
`
`(Hippuric Acid), and Xylene (2-3-4 Methyl hippuric Acid (2, -3-,4-MHA) in her urine.
`
`31.
`
`In September 2020, Gjovik set up additional air monitors to observe the levels of VOCs in
`
`her apartment next to the ARIA factory (though she was not aware of the factory exhaust at that time).
`
`The results of the data validated what Gjovik had noticed with her symptoms and ad hoc testing – that the
`
`VOCs mostly spiked early in the morning and late at night as if they were being exhausted from an
`
`automated mechanical system (which it was).
`
`32.
`
`Gjovik noticed an Apple facility at 3250 Scott Boulevard across the street, which was also
`
`on the Superfund groundwater plume. Gjovik mentioned the facility to Apple on at least September 8, 9,
`
`10, and 13, 2020 – inquiring if anyone was familiar with the area because Apple had an office there. Apple
`
`EH&S had at least two phone calls with a woman who responded who was also actually in charge of Real
`
`Estate/EH&S teams involved in Gjovik’s Superfund office at 825 Stewart Drive (“Stewart 1”) and the
`
`activities at ARIA. The Apple Real Estate manager suggested that Gjovik use a special paid leave to move
`
`out of the apartment called ‘extreme condition leave’ designated for disasters. A couple months later,
`
`Apple changed the charcoal/carbon in their exhaust filters for the first time in December 2020. (these
`
`should have been replaced at least every six months instead of five years).
`
`33.
`
`On. On March 26, 2021, the SF Bay View newspaper published an article Gjovik wrote
`
`about her chemical exposure experience with the air around 3250 Scott. 6 More victims and witnesses
`
`promptly came forward; some were also Apple employees. On April 5, 2021, Gjovik told West about the
`
`other victims, and West warned her she was “kicking a hornet’s nest.” West asked Gjovik not to send
`
`
`6 Ashley Gjovik, I thought I was dying: My apartment was built on toxic waste, SF Bay View (March 26 2021)
`
`
`
`9
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 10 of 75
`
`
`
`
`
`information about Gjovik’s chemical exposure at 3255 Scott Blvd to his personal work email, saying:
`
`“Can you send that stuff to my Gmail instead of work? My mail account is routinely scanned for lawsuits.”
`
`34.
`
`On April 5, 2021, Gjovik notified Osman Akhtar, Director of Apple “AC Wellness”
`
`employee medical Centers and Clinical Engineering, that after her article was published, more people
`
`came forward from the 3255 Scott Blvd apartments reporting illness. “Two are Apple employees. At least
`
`one went through AC Wellness, but no one could figure out what was wrong with them.” Gjovik suggested
`
`Akhtar direct the clinic to “screen local folks” with unexplained symptoms that match solvent exposure.
`
`35.
`
`On April 29, 2021, Gjovik visited an occupational exposure doctor about her apparent
`
`chemical exposure in the apartments next to Apple’s ARIA factory and at Stewart 1.7 The UCSF visit
`
`notes summarized Gjovik’s 2020 medical symptoms saying:
`
` “She was experiencing severe dizzy spells, a large decrease in resting heart rate, palpitations,
`hypotension, fatigue, chest pain, numbness, spasms, rash, shortness of breath, multiple
`growths (mole, polyp, nodules), nausea, paresthesias, blurry vision, abnormal vaginal
`bleeding, and swollen glands” The visit notes warned: “there remains a concern about
`potential pathways for residential exposures, and the county and State environmental
`agencies should address these…. she also notes an unexplained episode of fainting at work
`in Sept 2019 at her office on a Superfund site with a long history of vapor intrusion issues..."
`
`
`36.
`
`Gjovik emailed the US EPA and CalEPA about the issues from September 2020 through
`
`April 2021; many Apple leaders knew she did so. Starting in early 2021, Gjovik also contacted and met
`
`with local, state, and federal politicians about what occurred to her next to ARIA – and Apple was aware
`
`of this. For example, Gjovik met with Senator Bob Weickowski and his staff on April 7, 2021. Gjovik
`
`also met with Assembly Member Lee’s staff once and Mayor Lisa Gillmor several times. On April 7,
`
`2021, Gjovik told West about the meetings. On April 9, 2021, Gjovik contacted the County District
`
`Attorney’s office, talked to Bud Porter, Supervising Deputy District Attorney for Environmental Crimes,
`
`and met with him on April 16, 2021.
`
`37.
`
`Around the summer of 2021, Apple reported to the US EPA that in the year 2020, they
`
`released 7.8 tons (15,608 pounds) of volatile organic compounds and 260 pounds of the combustible
`
`solvent N-Methyl-2-pyrrolidone (NMP) into the exterior air from the ARIA factory. In 2022, the US EPA
`
`severely restricted the legal use of NMP as “it presents an unreasonable risk of injury to human health”
`
`
`7 Dr. Robert Harrison, MD – who directs the UCSF Occupational Health Services department and the Worker
`Investigation Program for California Department of Public Health.
`
`
`
`10
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`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
`
`
`
`Case 3:23-cv-04597-EMC Document 47 Filed 02/27/24 Page 11 of 75
`
`
`
`
`
`under TSCA. Many of Apple's chemicals at the plant were characterized as “extremely hazardous” or
`
`“acutely hazardous” materials. [8 CCR § 5189(b)(1), (c)]
`
`38.
`
`On July 27, 2021, a non-profit organization asked Gjovik to testify as a witness to state
`
`Senator Dave Cortese about her experience with hazardous waste clean-up sites in Santa Clara County,
`
`and Gjovik accepted. On August 15, 2021, Gjovik posted on Twitter that she had met with US
`
`Representatives, state Senators, Assembly Members, and Mayors about 3255 Scott Blvd. In 2022, there
`
`was a discussion with the US Representative’s office about bringing Gjovik’s situation with Apple related
`
`to environmental violations to a US House Sub-Committee.
`
`39.
`
`On February 21, 2023, Gjovik discovered the semiconductor fabrication activities at ARIA.
`
`Gjovik posted on Twitter in real-time as she learned about it, expressing severe distress.8 Gjovik began
`
`researching the site and Apple's activities, with the findings making Gjovik feel compelled to file a formal
`
`complaint about Apple’s illegal conduct at ARIA. On June 23, 2023, Gjovik filed complaints about ARIA
`
`to the US EPA, CalEPA, the city of Santa Clara, and Santa Clara County. Gjovik drafted a 28-page memo
`
`with dozens of exhibits. Gjovik also posted on Twitter that she did so and provided a public link.
`
`40.
`
`The US EPA responded and took the lead on an investigation. Gjovik met with the US
`
`EPA’s RCRA Enforcement & Compliance team several times before they then inspected Apple’s factory
`
`in August 2023 and January 2024. The August 17, 2023 inspection was coded as an RCRA “Compliance
`
`Evaluation Inspection,” defined as “primarily an on-site evaluation of the compliance status of the site
`
`about all applicable RCRA Regulations and Permits.”9 The January 16, 2024 inspection was coded as a
`
`“Focused Compliance Inspection.”10 Gjovik is still awaiting a report on the results.
`
`iii.
`
`41.
`
`Gjovik’s Office at The TRW Microwave Superfund Site
`
`Gjovik’s Apple office from 2017 until her termination was located at 825 Stewart Drive in
`
`Sunnyvale, California, also known as the “TRW Microwave” Superfund site, part of the US EPA “Triple
`
`Site.”11 The “Triple Site” is the collective name for three adjacent Superfund sites in Sunnyvale that have
`
`
`8 “APPLE IS DOING LITERAL ACTUAL GODDAMN SILICON FAB 0.2 MILES (0.3 KM) FROM THE APARTMENT
`WHERE I GOT SO SICK I THOUGHT I WAS DYING & APPLE VENTED THAT SHIT INTO THE AIR FROM THEIR
`ROOF & THE YARD NEXT TO THEIR "GAS BUNKERS" RIGHT INTO MY 3RD FLOOR APARTMENT.”
`- @ashleygjovik
`9 US EPA RCRA, Evaluation Types.
`10 US EPA ECHO, 3250 Scott Blvd # 110001168254.
`11 US EPA, Triple Site Profile – Background.
`
`
`
`11
`
`THIRD AMENDED COMPLAINT | 3:23-CV-04597-EMC
`
`
` FEBRUARY 27 2024
`
`
`
`

`

`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`