Case 3:23-cv-04597-EMC Document 99 Filed 08/16/24 Page 1 of 4
`Case 3:23-cv-04597-EMC Document 99 Filed 08/16/24 Page 1 of 4
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`Cher Swan Scarlett
`So-called "Joanna Appleseed"
`PO BOX 1679 #5955
`Sacramento, CA 95812
`hello@cher.dev
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`FIL ED
`AUG 16 2024
`eerieRK, U.S. DI
`NORTH DISTAIforeru
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`0
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`UNITED STATES DISTRICT COURT
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`NORTHERNDISTRICT OF CALIFORNIA
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`Case No. 3:23-CV-04597-EMC
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`ASHLEY GJOVIK,aznindividual,
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`DECLARATION OF CHER S. SCARLETT
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`Plaintiff,
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`Vv.
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`APPLEINC, a corporation,
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`Defendant.
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`IN OBJECTION TO PLAINTIFF'S
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`OMNIBUS MOTION(DKT.#93) AND
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`REQUEST FOR JUDICIAL NOTICE
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`(DKT.#96)
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`

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`Case 3:23-cv-04597-EMC Document 99 Filed 08/16/24 Page 2 of 4
`Case 3:23-cv-04597-EMC Document 99 Filed 08/16/24 Page 2 of 4
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`L
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`DECLARATION OF CHER S. SCARLETT
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`Pursuant to 28 U.S.C.§ 1746, I, Cher S. Scarlett, hereby declare as follows:
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`1. am a_privateMy name is Cher Swan Scarlett I citizen
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`moOOYNDBDnOFFWDNHN
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`named as
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`“Joanna Appleseed" by Plaintiff
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`(and due
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`to
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`responsive pleadings,
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`the
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`Defendant)
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`in
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`this above captioned matter.
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`I make
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`this Declaration
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`based
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`upon
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`my
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`personal knowledge of all facts stated in this Declaration, and if called to testify,
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`]
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`could and wouldtestify competently thereto.
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`2.
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`I
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`filed a non-party witness declaration by mail on April
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`16, 2024,
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`which wasreceived by the court on April 19, 2024, and entered into the docket on
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`April 23, 2024. I filed a second non-party witness declaration by mail on April 27, 2024.
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`These were struck from the record on May 20, 2024 by the Honorable Judge Chen because
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`"on a motion to dismiss, a court generally limits its review to the four corners of the complaint".
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`(Docket No. 73)
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`3. am_filingI this declaration to object to the Omnibus Motion and
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`Request for Judicial Notice filed by the Plaintiff (Dockets No. 93, 96) While I am not a named
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`party, nor have I any legal connection with Apple, Inc., Plaintiff continues to reference me and
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`makeallegations against mein this lawsuit. This puts me in a rather unjust and unfair position.
`Plaintiff uses this public lawsuit against Apple, Inc., who has no stake in the way Plaintiff
`characterizes me, to make statements that Apple, Inc.'s lack of denial ofher allegations about me
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`is some kind of proof that what she has allegedis true.
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`4.
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`I worked for Apple, Inc., from April 2020 until November 2021 as a Principal
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`Software Engineer on the Global Security Tools Team. I did not work with the Plaintiff and
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`never met her in person. I encountered her in the Apple, Inc., Slack instance while we were
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`mutually advocating for continued remote work. Through my own labor activism platform on
`Twitter, I supported her activism against Apple,
`Inc.,
`to hundreds of thousands of
`people.
`I spoke with her via iMessage and FaceTimeovera period of less than three months
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`in 2021.
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`The Plaintiff is referencing me in this lawsuit in bad faith. The Plaintiff only
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`refers to me by her chosen pseudonymsfor me ("Joanna Appleseed", "JA", "Appleseed",
`"Applegate") whenit suits the false light she is casting on me. She references me later without
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`naming, and in fact, misleads the court to believe she is talking about multiple allies, when she
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`NyNONONONONONNNOROmeiaotNDnOHFFWONYK&DBDOoDHATHDHDvAFBPWONBOKHCO
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`Case 3:23-cv-04597-EMC Document 99 Filed 08/16/24 Page 3 of 4
`Case 3:23-cv-04597-EMC Document 99 Filed 08/16/24 Page 3 of 4
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`—OoOBOAHDUTFPWHHD
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`is, in fact, talking about me. In her Omnibus Motion, and previous pleadings, she refers to
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`anonymouswagesurveys and a National Labor Relations Board ("NLRB") chargerelated to the
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`surveys, which was found to have merit in January 2023. The Plaintiff purposefully conceals that]
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`started one of the anonymous wage surveys andthat I am the charging party of the NLRB charge
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`against Apple, Inc. Furthermore, she references anonymous Twitter accounts engaging in
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`harassment of her and "others", but fails to mention one of those being harassed was me.Facts lik«
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`these throw a wrenchin the false narrative she is crafting before this court that ] am somehow
`working as a secret agent ofApple Global Security, so she conceals them from the court.
`6.
`The Plaintiff is knowingly and maliciously cherry-picking bits of facts andfiction
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`to create a false light about me. The Plaintiff is aware that I obtained the March 2022 order due to
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`her conduct towards me and myfamily. This included her publicizing a “legal memo"she
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`published on her own website, relating to an NLRB chargeshefiled against Apple, Inc. It was
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`hundreds upon hundreds of pages long and mentioned meor my family by name more than 300
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`times. The Honorable Judge O'Toole found her conduct to be unlawful harassment. The Protection
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`Order prohibited the Plaintiff from posting specifically about me and myfamily.It did not imply
`she could not speak about Apple, Inc.; it did not mention Apple, Inc., at all. The Plaintiff continue:
`to post about Apple, Inc., and not me and my family, so it seems she understoodthat, too.
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`|
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`In her attempt to mislead the court into the belief that I could be engaged in somesort of
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`cabal with Apple, Inc., she references a "challenge coin" I posted on Twitter in January 2022 wher
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`I petitioned for the anti-harassmentorder(I also did not know that was considered a "lawsuit"at
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`the time). The Plaintiff cropped out three other challenge coins in the photo and the accompanying
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`text. Two of them were from law enforcement and another was from Blizzard Entertainment, a
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`former employer whoI wasa party to two now-settled class action lawsuits against. The inference
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`I made about both employers having this in common wasnot good.
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`While there are manylies and omissions by the Plaintiff about me, there are three the court
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`should take note of. First, she says that I "repeatedly claimed some unnamedthird-party told [me]
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`to file the lawsuit"—this is categorically false and the Plaintiff has previously said I claimed the
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`NLRB told meto file the lawsuit. Nobody told meto file the petition, which the Plaintiff has been
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`told numerous times. The NLRB informed methatthe proper jurisdiction to seek remedy for
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`harassment was mylocal law enforcement. Mylocal law enforcement advised meofthe processt«
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`petition for an anti-harassmentorderafter whichIfiled the petition.
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`The secondis the claim that I said I was in "dire trouble" with Apple, Inc., which
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`OoCOANHDNnFPWONO=
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`Case 3:23-cv-04597-EMC Document 99 Filed 08/16/24 Page 4 of 4
`Case 3:23-cv-04597-EMC Document 99 Filed 08/16/24 Page 4 of 4
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`"resolved"afterfiling the petition against her. The Plaintiff is again purposefully concealing facts
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`Apple, Inc. changes every employee's job title to "Associate" after they leave the company. This
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`resulted in my failing a background check and losing a job I was in the process of on-boardingto.
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`I am the sole provider to my teenage daughter, and cannot survive without a job. The "resolution"
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`wasthat I filed another NLRB charge against Apple, Inc. and obtained other employment.
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`Third, the plaintiff tells the court I "reported [her] to her web server for ‘child porn. The
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`Plaintiff knowsthat I reported the "legal memo"on the groundsit violated the anti-harassment
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`order, which is why it was taken downbythe host. The Plaintiff's attorney provided her the
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`information that the web form erroneously selected the first item in the alphabetizedlist as the
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`‘type’ because of a technical issue. She was never investigated for child sexual abuse material.
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`7.
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`Plaintiff conceals the nature of my relationship with Apple, Inc., knowingly, while
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`referencing events that would undermine her "Agent of Apple" narrative—claiming I was "doing
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`myjob" to silence employees with "some huge settlement", for example, while knowing I broke
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`the 1-year's pay severance agreement before my attorneys and I were paid to ensure concealment
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`clauses could no longer silence workers from speaking out about conductbelievedto be illegal.
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`I could pour overall of the lies, omissions, or otherwise misleading statements by the
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`Plaintiff, but there is no point. No plaintiff should be permitted to impede onthe rights of another
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`person, harassing them via court. This is a lawsuit between the Plaintiff and Apple,Inc.If the
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`Plaintiff wishes to make claims about me,she should do so in a lawful manner. As to her RJN:
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`Gjovik v. State was an unlawful and unconstitutional attempt to nullify my protection order
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`without notifying me, at the expense ofall protected parties of every protection orderin
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`Washington. Her brazen disregard for the judicial system and the law should not go unnoticed.
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`8.
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`I declare underpenalty of perjury underthe laws of the United States that the
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`foregoingis true and correct andthat this declaration was executed on AUGUST20 2024.
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`NONONOBHHONYHONVNOHHHHKFHFHFFOOSESS|hhSh
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`Executed on: AUGUST20 2024
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`QU
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`s/ CherS. Scarlett
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`Email: hello@cher.dev
`Physical Address: California
`Mailing Address: PO BOX 1679 #5955, Sacramento, CA 95812
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