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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 1 of 74
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`UNITED STATES DISTRICT COURT
`NORTHERN DISTRICT OF CALIFORNIA
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`Ashley M. Gjovik, JD
`Pro Se Plaintiff
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`2108 N St. Ste. 4553
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`Sacramento, CA, 95816
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`(408) 883-4428
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`legal@ashleygjovik.com
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`ASHLEY GJOVIK, an individual,
`
`
`
`
`Plaintiff,
`
`v.
`
`
`
`APPLE INC, a corporation, et al,
`
`
`
`Defendant.
`
`
`
`
`
`Case No. 3:23-cv-04597-EMC
`
`FOURTH AMENDED COMPLAINT (“4AC”)
`
`
`PLAINTIFF’S CLAIMS:
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`1. Termination in Violation of Public Policy
`California Tamney tort claim
`
`2. Violation of Cal. Whistleblower Protection Act,
`Cal.Lab.C. § 1102.5
`
`3. Retaliation for Protected Safety Activities,
`Cal.Lab.C. § 6310; § 6399.7 via § 6310
`
`4. Retaliation for Filing Labor Complaints,
`Cal.Lab.C. § 98.6 via § 98.7
`
`5. Retaliation for Organizing Around Pay and
`Work Conditions,
`Cal.Lab.C. §§ 232, 232.5 via § 98.7
`
`6. Retaliation for Exercising Constitutional Rights
`outside of the Workplace,
`Cal.Lab.C. § 96(k) via § 98.7
`
`7. Breach of the Implied Covenant of Good Faith
`and Fair Dealing
`
`8. Unfair Competition Law,
`Cal.B&P.C. § 17200
`
`9. IIED – Outrageous Conduct
`California and New York
`
`10. Tort of Private Nuisance
`Cal.Lab.C. § 3479
`
`11. Tort of Ultrahazardous Activities
`California Strict Liability claim
`
`12. IIED – Fear of Cancer
`California / NY tort claims
`
`
`
`
`
`
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`DEMAND FOR JURY TRIAL
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`FOURTH AMENDED COMPLAINT | 3:23-CV-04597-EMC PAGE 1 of 74
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 2 of 74
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`I.
`
`SUMMARY OF THE CASE
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`1.
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`Over the last ten years, Apple Inc (“Defendant”) intentionally engaged in a course of
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`unlawful conduct and unfair business practices that resulted in direct, severe, and ongoing harm to
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`Ashley Gjovik (“Plaintiff”) as a community member, as an employee, and as a consumer.
`
`2.
`
`This lawsuit arises from Apple’s disregard of environmental regulations and safety
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`requirements at two different Silicon Valley properties starting in 2015. Apple’s unlawful toxic waste
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`dumping in Santa Clara (unrelated to her employment relationship with Apple) severely disabled and
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`nearly killed Gjovik in 2020. Gjovik began filing complaints about the public safety issue, and Apple
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`began retaliating against her for doing so, knowing what they had done to her. Then, in 2021, Gjovik
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`also discovered numerous safety and compliance issues at her Apple office located on a federally
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`managed toxic waste dump in Sunnyvale. She began also filing complaints about her office, and
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`Apple then retaliated against Gjovik about those complaints well.
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`3.
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`During Apple’s marathon of retaliation against Gjovik in 2021, Gjovik was in law
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`school studying to become a human rights lawyer. She was in a unique position to effectively report
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`serious environmental and safety issues, and to lobby for general policy reform. Gjovik utilized her
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`knowledge, experience, and resources to confer with numerous government agencies, to meet with a
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`variety of elected officials and their staff, to publish op-eds calling for new legislation, was
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`interviewed and written about by the press, and served as a witness for government agencies and
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`legislative committees. Gjovik organized her workers, lobbied on their behalf, and called for systemic
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`change with Apple’s environmental and labor practices. Gjovik’s public advocacy also brought
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`awareness to her prior neighbors of the pollution issues where she had lived, leading to additional
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`chemical exposure victims coming forward and joining Gjovik in complaining to the government
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`and requesting help.
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`4.
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`With every action Gjovik took to speak out about matters of public concerns, to
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 3 of 74
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`advocate for interests critical to public policy, and to attempt to influence Apple to reform its practices
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`– Apple responded to Gjovik with accelerating retaliation, intimidation, moral harassment, and
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`psychological violence – including Apple’s abrupt termination of Gjovik’s employment in September
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`of 2021. Apple then required another week to establish a post hoc rationalization as to a non-illegal
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`reason why it fired Gjovik. Apple’s best attempt at producing a non-illegal justification was quickly
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`discussed by the press as “absurd,” it is unlawful itself, and it is the focus of the antitrust claim in this
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`lawsuit. Gjovik planned to pursue charges of retaliation against Apple only through agency
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`adjudication. However, in 2023, after discovering that Apple was also responsible for her severe
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`chemical exposure injuries in 2020, Gjovik also decided to file this lawsuit.
`
`II.
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`PROCEDURAL HISTORY
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`5.
`
`Gjovik now files her Fourth Amended Complaint (“4AC”). The original complaint
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`was filed on September 7 2023. The First Amended Complaint was filed in October 2023 per
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`stipulation, in order to allow Apple more time to prepare, as needed due to Apple’s delayed arrival in
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`court, waiting several weeks to respond in any way about this lawsuit. The Second Amended
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`Complaint was filed in December 21 2023 as a matter of course, and dismissed by this court without
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`prejudice and with leave to amend on January 30 2024. The Third Amended Complaint was filed in
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`February 27 2024 and was ruled upon with a decision and order issued May 20 2024. Many claims
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`were allowed to proceed in some form, many claims were granted leave to amend, however two
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`claims (e.g. the Sarbanes–Oxley and Dodd-Frank Acts) and several sub-claims (e.g., toxic torts at 825
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`Stewart Drive, etc.) were dismissed with prejudice.
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`6.
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`In the 4AC, Gjovik surrendered several additional claims, despite being granted leave
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`to amend; deciding to focus her limited resources on claims that are already established and to avoid
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`duplicative work. The NIED, Breach of Implied Contract, Bane Act, Ralph Act, and RICO §§ 1962(c)
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`and 1962(d) claims are not included in this 4AC. The majority of the damages to be provided under
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 4 of 74
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`the RICO Act are now covered under the whistleblower claims (financial loss) and the 2020 toxic
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`torts (real property damage). The majority of the damages to be provided under NIED and the Bane
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`and Ralph Civil Rights Acts, will instead be pursued under the revised IIED claim. The policy behind
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`the implied contract claim is already captured in the Tamney claim. Some facts and allegations were
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`reassigned to other section so the complaint. For clarity moving forward with the remaining claims,
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`sub-claims have now been broken out into separate, formal counts.1
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`III.
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`JURISDICTION & VENUE
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`7.
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`The United States District Courts have diversity jurisdiction over this case because the
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`amount in controversy exceeds $75,000 and the parties are of diverse state citizenship. [28 U.S.C. §
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`1332]. When the complaint was filed, Plaintiff was domiciled in the state of New York and is now
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`domiciled in the Commonwealth of Massachusetts. Defendant is a corporation headquartered in
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`California. Venue is proper in the District Court of Northern California because Apple is
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`headquartered and operates in this district. Many of Gjovik’s claims arose from acts, omissions, and
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`injuries within the District of Northern California. [Civil L.R. 3-5(b)].
`
`IV. PARTIES
`
`8.
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`Ashley Gjovik 2 (“Plaintiff”), was an Apple employee from February 2015 through
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`September 2021, held a leasehold at a Santa Clara property adjacent to Apple’s semiconductor
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`fabrication facility in February 2020 through October 2020, and received requests from Apple to
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`participate in secret anatomical experiments starting in 2015. Gjovik is a natural person domiciled in
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`Massachusetts, holding a Juris Doctor, and appearing Pro Se. Gjovik established a consulting LLC in
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`California in 2022, which she continues to manage with a virtual office in Sacramento at 2108 N St.
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`Ste. 4553 Sacramento, CA, 95816. (The LLC address is used on papers for privacy.)
`
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`1 Except for the Tamney claim, which is still four grouped sub-claims because I ran out of space.
`2 pronounced “JOE-vik”
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`FOURTH AMENDED COMPLAINT | 3:23-CV-04597-EMC PAGE 4 of 74
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 5 of 74
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`9.
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`Apple Inc., (“Defendant”), is a business engaged in and affecting interstate commerce
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`and a covered entity under the statutes at issue here. Apple is a corporation headquartered at One
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`Apple Park Way in Cupertino, California. “Apple” refers to its successors and assigns; controlled
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`subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures; and their directors, officers,
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`managers, agents, and employees. Apple’s business consists of “design, manufacture, and marketing”
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`of products and the sales of “various related services.” As of December 2023, Apple Inc. claimed a
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`market cap of $3.021 trillion and annual revenue of $383.29 billion.3
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`10.
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`At all pertinent times, Apple was the tenant and operator controlling the facilities at
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`both 825 Stewart Drive in Sunnyvale and 3250 Scott Boulevard in Santa Clara, California. At both
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`properties, Apple registered its hazardous waste activities under its own name and with Apple EH&S
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`as the contact for the government and public. Apple registered the facility at 3250 Scott Blvd with the
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`local, state, and federal governments for Apple’s activities governed by RCRA, EPCRA, the Clean
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`Water Act, and the Clean Air Act. Apple registered the facility at 825 Stewart Drive with the state
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`government for Apple’s hazardous waste generation activities governed by RCRA. While not the
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`formal “Potentially Responsible Party” for the site under CERCLA, Apple did order, supervise, and
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`report to US EPA prior CERCLA-related testing performed under Apple’s name.
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`V.
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`NOTICE OF PENDENCY & CONFLICT OF LAWS
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`11.
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`Gjovik left her CERCLA (“Superfund” – toxic waste dump) whistleblower retaliation
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`cases with the US Department of Labor, as the claim’s exclusive jurisdiction is with the US
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`Department of Labor, and there is no way to remove the charge to the US Courts for a de novo trial.
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`Her charge is docketed with the Office of Administrative Law Judges under 2024-CER-00001 in
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`Boston; a trial is scheduled for March 2025; and a pending motion to amend is under consideration
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`by the ALJ (with Gjovik requesting to add three additional claims for RCRA, TSCA, and Clean Air
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`3 Apple Inc, 2023 10K.
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`FOURTH AMENDED COMPLAINT | 3:23-CV-04597-EMC PAGE 5 of 74
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 6 of 74
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`Act whistleblower retaliation).
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`12.
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`Gjovik has six pending NLRB charges. NLRB cases cannot be removed to court for
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`de novo hearings, as the NLRB has exclusive jurisdiction to adjudicate cases under the NLRA. The
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`NLRB issued a Decision of Merit on two of Gjovik’s charges in January 2023, (thus the NLRB will
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`issue a complaint and sue Apple if Apple does not settle first). Gjovik’s two meritorious charges
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`included Apple’s Business Conduct Policy, NDAs, Intellectual-Property Agreement, and an email
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`CEO Tim Cook sent his staff in September 2021 shortly after Gjovik was fired.4 Gjovik’s four other
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`charges allege unfair labor practices. Three were under review with the General Counsel’s Division
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`of Advice office for some time.5 The fourth charge was filed in 2023 due to Apple’s out-of-court
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`conduct related to this case, including promulgating unlawful work rules.6
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`VI.
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`STATEMENT OF FACTS
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`13.
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`The Plaintiff, Ashley Gjovik, is a 37-year-old woman residing in Boston,
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`Massachusetts. Gjovik holds a Bachelor of Science in Liberal Studies awarded in 2012, and a Juris
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`Doctor degree awarded in June 2022. During law school, Gjovik also obtained a certificate in Public
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`International Law, participated in a ‘summer abroad’ studying International Law and Transitional
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`Justice at the University of Oxford in 2021, and worked for a term for a non-profit organization in
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`Australia as a legal caseworker for refugees and asylum seekers in 2021.
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`14.
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`Gjovik worked at Apple from 2015 to 2021. At the time of her termination, her title
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`was Senior Engineering Program Manager, and her base salary was $169,000 annually. In the last full
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`year Gjovik worked at Apple (2020), her total annual W-2 compensation was $386,382. Gjovik was
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`the co-founder of a large women’s community group at Apple. Gjovik also worked in a rotation
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`position within Apple’s Legal department in 2019-2020, primarily supporting the Government Affairs
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`4 32-CA-284441 and 32-CA-284428 (Oct. 12 2021).
`5 32-CA-282142 (Aug. 26 2021), 32-CA-283161 (Sept. 16 2021), 32-CA-288816 (Jan. 10 2022).
`6 01-CA-332897 (Dec. 29 2023).
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 7 of 74
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`and Software Product Legal teams’ efforts to establish Apple’s first company-wide Artificial
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`Intelligence Ethics and Social Responsibility policy.
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`15.
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`Since September 2023, Gjovik’s worked a program manager for an air pollution
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`research project at a research university. The role is temporary and does not utilize her legal or
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`engineering experience. After two years of searching and hundreds of applications, it was the first
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`and only job offer she could obtain. The role is a far lower seniority than her role at Apple, and
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`Gjovik’s salary was reduced by 41% and total compensation lowered by 74%.
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`GJOVIK’S EMPLOYMENT AT APPLE
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`16.
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`Gjovik joined Apple on February 23, 2015, as an Engineering Project Manager in the
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`Software Project Management Office until January 2017. She reported to several managers under the
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`same Director (Venkat Memula) during this time. Gjovik experienced severe harassment,
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`discrimination, bullying, and an untenable hostile work environment during those two years,
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`primarily from her coworkers, Rob Marini and Brad Reigel. Memula repeatedly failed to correct their
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`behavior.
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`17. Marini bragged that he was known to executives as their “Little Gestapo.” He quickly
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`made a work tracking ticket titled “Make Ashley’s Life a Living Hell,” then assigned it to Reigel.
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`Marini often planned and orchestrated malicious schemes to harass Gjovik and cause her distress,
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`including getting multiple members of the team to physically attack Gjovik, spreading rumors about
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`Gjovik, secretly recording Gjovik and sharing recordings with their team, and frequently pressuring
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`Gjovik to drink hard alcohol at work. Marini often made cruel comments. He once noticed Gjovik
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`made a typo in an XML and told Gjovik that her mother should have had an abortion. Both Marini
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`and Reigel cursed at Gjovik, called her names, and wrote harassing statements and nicknames on
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`whiteboards about her.
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`18. Memula assigned Gjovik to share an office with Marini. Marini told Gjovik in the first
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 8 of 74
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`week that all of his prior officemates either quit the company, left the country, or killed themselves.
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`Marini asked Gjovik which path she would choose. Marini once told Gjovik he targeted her with
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`harassment and bullying because she was ‘joyful,’ and he wanted to ‘extinguish’ her light.
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`19.
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`Reigel was an active police officer, had ammunition in his office, allegedly physically
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`‘flipped a table’ in a meeting, and supposedly kept a gun in his car at times. Reigel once kept Gjovik
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`in a conference room with the door closed and berated her for a prolonged period while she wept and
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`begged him to stop. He sometimes made ‘joking’ comments, like he’d ‘smack her’ if she did not do
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`what he said.
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`20.
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`Gjovik’s first manager, Linda Keshishoglou, tried to bribe Gjovik in exchange for
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`Gjovik providing a positive review to Keshishoglou’s manager, Memula. Gjovik reported it to
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`Memula and HR. When Keshishoglou left the organization, Gjovik was transferred to report to Reigel.
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`Gjovik attempted to move to a different team but was thwarted and blocked by Reigel, who provided
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`negative feedback about her to the hiring manager and could not explain why.
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`21.
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`Gjovik was then transferred under Evan Buyze and Shandra Rica (in Memula’s
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`organization) to run Early Field Failure Analysis for the company, where she received very positive
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`feedback and praise until one specific field issue occurred and which led to a retaliatory constructive
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`termination. Gjovik’s managers had become upset at Gjovik because Gjovik was earnestly trying to
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`investigate a trend of battery failures in the field, and Gjovik’s managers preferred to “ignore it and
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`hope it goes away” and told Gjovik to also “ignore it,” which Gjovik refused to do. Buyze and Rica
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`told Gjovik not to tell people why she was leaving their organization, with Rica saying she “doesn’t
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`like people who talk shit.” This battery failure issue and Apple’s resulting response would be
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`nicknamed “Batterygate.”
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`22.
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`Gjovik joined Product Systems Quality in Hardware Engineering in January 2017 after
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`leaving Software Engineering. Gjovik now reported to Dan West (Senior Director) and David Powers
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 9 of 74
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`(Director) as a Senior Engineering Program Manager and chief of staff. Both West and Powers
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`engaged in harassing, discriminatory, and inappropriate conduct toward Gjovik – including remarks
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`and decisions that discriminated against Gjovik based on sex, gender, and disability. In December
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`2017, West also attempted to coerce Gjovik to engage in a romantic relationship with one of West’s
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`business partners, which would benefit West personally. Gjovik complained then and later West
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`admitted it was “one of the worst things [he’s] ever done.”
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`23.
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`Other leaders in West’s organization also discriminated against Gjovik, including John
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`Basanese, who frequently complained that Gjovik was not married and did not have kids, and during
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`company social events, often pressured Gjovik to ‘settle down’ and ‘have kids.’ Gjovik complained
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`to Basanese and West about the statements, but Basanese persisted for years. In addition, Powers’
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`US-based team was 90% men, and all of Powers’ other direct reports (other than Gjovik) were men.
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`24. While Gjovik’s performance reviews were positive, outside the reviews Powers and
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`West frequently gave Gjovik ‘feedback’ like she was too ‘emotional,’ ‘aggressive,’ or ‘expressive.
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`Gjovik gave both men ‘feedback’ in response to their feedback, complaining about inappropriate
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`comments. West would usually listen and thank her for being honest with him – though generally
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`continued with the same behavior. Powers did not respond well and frequently berated her. In two
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`meetings, Powers criticized Gjovik, making her cry, and then berated her about her crying, making
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`her cry more.
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`25.
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`Before Apple’s unlawful actions towards Gjovik in 2021, Gjovik wanted to continue
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`working at Apple even after she graduated from law school in June 2022. She intended to stay at
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`Apple indefinitely if she could transfer to a better role (not in a hostile work environment like her
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`current role). Gjovik had initiated friendships with leadership in Apple Legal in 2018, hoping she
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`could intern with them (which she did in 2019) and convince them to hire her upon graduation. She
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`continued mentioning this plan into 2021. Meanwhile, Gjovik’s supervisor, West, frustrated several
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 10 of 74
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`of Gjovik’s attempts to transfer to other Apple roles focused on law/legislation/policy – including
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`directly blocking an offer in December 2020 for Gjovik to work on Apple’s implementation of
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`circular economy legislation.
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`APPLE’S SECRET SEMICONDUCTOR FABRICATION
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`26.
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`In early 2015, Apple started stealth semiconductor fabrication activities in a facility
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`located at 3250 Scott Boulevard in Santa Clara, California.7 Like some sort of Skunkworks, Apple
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`codenamed the facility “ARIA” and even tried to use the codename on regulatory paperwork.
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`27.
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`The ARIA semiconductor fabrication facility operated less than three hundred feet
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`from thousands of homes where Gjovik lived in 2020. Also within 300 from the building were two
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`public parks (Creekside Park and Meadow Park), picnic tables, outdoor fitness stations, and a
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`children’s playground. Within 1,000 feet of ARIA there was also a church, a school, an elder care
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`facility, and the San Tomas Aquino Creek and public trail. (San Tomas Aquino Creek flows to the
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`Bay and then into the Pacific Ocean).
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`28.
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`Apple intentionally vented its fabrication exhaust – unabated – and consisting of toxic
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`solvent vapors, gases, and fumes – into the ambient outdoor air. The factory was one story, while the
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`apartments were four stories tall, creating a high likelihood that Apple’s factory exhaust entered the
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`interior air of the apartments through open windows and the 'fresh air intake' vents.
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`29.
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`Apple was fully aware of this facility and its operations, including the vast amount of
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`hazardous materials and hazardous waste, as every year, Apple submitted a financial assurance
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`document to the Santa Clara Fire Department and HazMat agency, which detailed hazardous waste
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`treatment and disposal operations, and is personally signed by Apple’s Chief Financial Officer, Luca
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`7 “Semiconductor Fabrication Facility: A building or a portion of a building in which electrical circuits or
`devices are created on solid crystalline substances having electrical conductivity greater than insulators but
`less than conductors. These circuits or devices are commonly known as semiconductors.” Cal. Fire Code § 202
`(2022).
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 11 of 74
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`Maestri – including affixing a company seal. Each financial assurance filing also attached a detailed
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`confirmation letter from Apple’s third-party auditor, E&Y, on behalf of Apple. Maestri was also on
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`the email distribution list for notification of hazardous waste violations at the facility.
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`30.
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`Upon initiating operations at ARIA, Apple was quickly cited for building,
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`environmental, health, safety, and fire code violations in at least 2015 (stop work order due to
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`construction without permits), 2016 (spill of cooling water into storm drains, fire code and CalASPA
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`violations, health and safety code violations, failure to properly monitor wastewater discharge), 2019
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`(wastewater testing violations), 2020 (fire code violations, using two EPA identification numbers,
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`inaccurate hazmat inventory data, no spill plans or training, no business permit, no signature from
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`supervisor on records, and failure to properly monitor wastewater discharge again),
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`31.
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`In February 2020, Gjovik moved into a large, new apartment complex at 3255 Scott
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`Blvd (adjacent to ARIA) and quickly became severely ill. Gjovik suffered severe fainting spells,
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`dizziness, chest pain, palpitations, stomach aches, exhaustion, fatigue, and strange sensations in her
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`muscles and skin. Gjovik also suffered bradycardia (slow heart rate), volatile blood pressure with
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`both hypertension and hypotension and a high frequency of premature ventricular contractions (an
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`arrhythmia). From February 2020 through September 2020, Gjovik was screened for multiple severe
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`and fatal diseases and disorders, including Multiple Sclerosis, brain tumors, deadly arrhythmias, and
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`Neuromyelitis Optica – instead, all of Gjovik’s symptoms were consistent with chemical exposure.
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`Due to the solvent exposure, Gjovik also suffered skin rashes, burns, and hives, and her hair fell out
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`and she had a shaved head for nearly a year as the bald patches slowly grew back.
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`32.
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`Due to the sudden illness, Gjovik visited the Emergency Room on February 13 2020,
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`and Urgent Care (at AC Wellness, Apple’s for-profit in-house clinic) on February 20 2020. Gjovik
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`subsequently consulted with dozens of doctors, who screened her for all sorts of diseases, subjecting
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`Gjovik to extensive blood draws, urine samples, injections, and scans – including potentially
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 12 of 74
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`dangerous procedures like MRI and CT scans with contrast, of which Gjovik had multiple. Gjovik
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`was too sick to work and went on disability.
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`33.
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`Gjovik transitioned her medical care to a different clinic and provider after her Apple
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`primary care provider at AC Wellness refused to help her triage her 2020 medical issues (due to
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`exposure to Apple’s factory exhaust). Instead she suggested Gjovik could be suffering from anxiety,
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`and enrolled Gjovik in an Apple internal user study related to blood pressure, requiring Gjovik share
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`her iPhone medical and fitness data with Apple, and participate in weekly life coaching sessions
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`(while being exposed to Apple’s solvent vapor and gas exhaust).
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`34. While sick in 2020, Gjovik would wake up occasionally at 3 AM feeling like she was
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`dying and with symptoms of heart failure and asphyxia. Heart monitoring showed arrhythmias,
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`bradycardia, and low blood pressure. On September 2 2020, Gjovik discovered elevated levels of
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`volatile organic compounds (“VOCs”) in her indoor air. What immediately captured Gjovik’s
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`attention was the arge spike in VOCs had occurred the night prior, around 3 AM, while she had been
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`suffering from one of these “dying” spells.
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`35.
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`Gjovik sought out multiple occupational and environmental exposure doctors, who
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`told Gjovik that all of her symptoms were consistent with solvent and other chemical exposures. After
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`Gjovik discovered her medical issues at the apartment were due to a chemical emergency, Gjovik
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`quickly filed complaints with Santa Clara City HazMat/Fire Department, California EPA DTSC and
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`Air Resources Board, and US EPA. She also called Poison Control, who said what she described also
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`sounded like Benzene exposure. (Apple reported it was exhausting Benzene into the air).
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`36.
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`City Fire Department records for ARIA contain at least sixteen chemical spill/leak
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`incident reports at ARIA within only three years. These incident reports included eight confirmed
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`leaks/spills: leaks of phosphine and silane on June 1 2019 at 9:17 AM; a phosphine leak on October
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`21 2019 at 11:06 PM; a 17.5 PPM Tetraethyl Orthosilicate (“TEOS”) leak on July 17 2020 at 8:58
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`AM; a major phosphine leak on April 30 2021 at 8:29 AM (peaking at 32 PPB and 0.0001145 pounds
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`of the gas vented into the exterior ambient air); a 5% fluorine gas leak on April 18 2022 at 10:42 AM,
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`a Hexafluorobutadiene leak on May 29 2022 at 2:19 PM, and leaks of two unnamed toxic gases on
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`September 20 2022 at 7:44 AM and December 21 2022 at 1:40 AM.
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`37.
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`Notably, almost all of the reported toxic gas leaks during the time frames Gjovik had
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`complained n 2020 that her symptoms seemed to always be the worst around 8-9 AM, 10-11 PM, and
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`sometimes around 2-3 AM. One of the chemical spills that did not occur during those times of concern
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`was root caused to an Apple engineer “accidently” turning on lethal fluorine gas. Similarly, another
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`incident, the TEOS leak, was root caused to an Apple engineer accidently installing the gas for a tool
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`“backwards.” Further, less than two weeks following the April 30 2021 phosphine leak, Apple’s
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`manifests included sixty pounds of “vacuum filters contaminated with glass dust,” implying there
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`may have also been a phosphine explosion.
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`38.
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`Further, later in 2021-2022, Apple reported to the government. that in the year 2020,
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`Apple released at least 7.8 tons (15,608 pounds) of VOCs and 260 pounds of the combustible solvent
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`N-Methyl-2-pyrrolidone (NMP) into the exterior air around ARIA. Per a review of Apple’s manifests,
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`Apple did not replace the carbon/charcoal in its exhaust system for over five years, with the first
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`replacement occurring December 14, 2020 – only after Gjovik had notified Apple EH&S and
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`environmental legal about what occurred to her near ARIA.
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`39.
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`In 2022, the US EPA severely restricted the legal use of NMP as “it presents an
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`unreasonable risk of injury to human health” under TSCA. Apple also reported that in at least 2019-
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`2021, that ARIA exhausted reportable amounts of mercury, arsenic, carbon monoxide, and
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`formaldehyde into the ambient air around the factory. Further, Apple reported to the Bay Area Air
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`Quality Management Board that ARIA exhausted an average of 16 pounds a day of isopropyl alcohol
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`vapors.
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`FOURTH AMENDED COMPLAINT | 3:23-CV-04597-EMC PAGE 13 of 74
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`Case 3:23-cv-04597-EMC Document 76 Filed 06/18/24 Page 14 of 74
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`40.
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`In September 2020, Gjovik hired an industrial hygienist to test the indoor air at her
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`apartment. She purchased an inspection, soil testing, and a two-hour sorbent tube-based TO-17 air
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`panel. Only half the total contaminants were accounted for in the test and the California EPA informed
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`her that testing with Summa canisters for 24 hours is superior and would have yielded better results.
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`Still, Gjovik’s limited testing returned results showing a number of the chemicals in use by Apple at
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`ARIA including Acetone, Acetonitrile, Acetaldehyde, Benzene, 1,2-Dichloroethane, Ethanol,
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`Ethylbenzene, Hexane, Isopropanol, Isopropyl toluene, Methylene Chloride, Toluene, and Xylene