Preview
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 08/10/2023
Exhibit Q
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
FILED: WESTCHESTER COUNTY CLERK 04/05/2023 09:55 AM INDEX NO. 61665/2021
NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 08/10/2023
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 04/05/2023
SUPREME COURT
SUPREME COURT OF THE STATE NEW YORK
STATE OF NEW YORK
COUNTY OF WESTCHESTER
COUNTY WESTCHESTER
NEIL
NEIL B.
B. RICE,
RICE,
Plaintiff,
Plaintiff,
Index No. 61665/2021
Index No. 6166512021
v.
5C.COOD
~tc.Gt-:ro
LEE R. EINSIDLER,
LEE R. EINSIDLER, As Administrator of the
As Administrator the Estate
Estate
of Aaron Michael Einsidler
Aaron Michael Einsidler aka Aaron M.
aka Aaron M. Einsidler,
Einsidler, AMENDED ORDER
AMENDED ORDER (J-\3 ~l-\)
Defendant.
Defendant. ~{. ~
------ ~~
(Ai .~l
TO:
TO: Apple
Apple Inc.
Inc. - - -
One Apple Park
One Apple Park Way
Way
Cupertino,
Cupertino, CA
CA 95014
95014
GREETINGS:
GREETINGS:
WHEREAS the
WHEREAS the Summons and Complaint
Summons and Plaintiff NEIL
of Plaintiff
Complaint of NEIL B. RICE ("Plaintiff'),
B. RICE having
("Plaintiff'), having
been filed
been filed with
with this August 25,
Court on August
this Court 25,2021, seeking damages
2021, seeking damages sounding against Defendant
tort against
sounding in tort Defendant
LEE R.
LEE ("Defendant"), as Administrator
EINSIDLER ("Defendant"),
R. EINSIDLER of the
Administrator of Estate of
the Estate of Aaron Michael Einsidler
Aaron Michael Einsidler
("Decedent");
("Decedent");
WHEREAS Plaintiff's
WHEREAS Plaintiff's claims against Defendant
claims against Defendant having certain alleged
involved certain
having involved alleged actions
actions
taken by
taken the Decedent,
by the Decedent, such those involving
such as those phone calls,
involving phone text messages,
calls, text messages, and photographs, all
and photographs,
believed by Plaintiff
believed to be
Plaintiff to be stored on the
stored on Decedent's iPhone
the Decedent's iPhone and
and in associated Apple
Decedent's associated
in Decedent's Apple
accounts
accounts and
and iCloud;
iCloud;
WHEREAS Defendant
WHEREAS Defendant is the father of the
the father Decedent and,
the Decedent as administrator
and, as administrator of
of the estate of
the estate
the Decedent,
the Decedent, is the
the legal representative, agent,
personal representative,
legal personal agent, or
or heir,
heir, whose authorization constitutes
whose authorization constitutes
consent," as demonstrated
"lawful consent,"
"lawful demonstrated by the attached
by the attached Letters of Administration;
Letters of Administration;
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FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
FILED: WESTCHESTER COUNTY CLERK 04/05/2023 09:55 AM INDEX NO. 61665/2021
NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 08/10/2023
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 04/05/2023
WHEREAS Defendant's
WHEREAS Defendant's counsel
counsel is in possession
possession of the Decedent's
Decedent's iPhone
iPhone having
having the
following specifications:
following specifications: iPhone release date September
iPhone XS, release September 21, 2018, iOS 12,
21,2018, phone #: 914
12, phone 629
914629
A1920;
3881, model #: A1920;
WHEREAS Plaintiff
WHEREAS Plaintiff having
having sought by Motion
Motion Sequence
Sequence # 4 access
access to the contents
contents of the
Decedent's iPhone
Decedent's iPhone for the purposes
purposes of (in Plaintiff's
Plaintiff's view)
view) relevant necessary discovery
relevant and necessary discovery and
disclosure for the prosecution
disclosure prosecution of Plaintiff's
Plaintiff's claims against Defendant;
claims against Defendant;
WHEREAS a court conference
WHEREAS conference was conducted
conducted in person January 27,
person on January 2023 with counsel
27,2023 counsel
parties present;
for the parties present;
WHEREAS Defendant
WHEREAS Defendant has indicated
indicated that he does not object
object to entry
entry of an order directing
directing
Apple to provide
Apple provide access to the contents
contents of the Decedent's
Decedent's iPhone
iPhone to Defendant;
Defendant;
WHEREAS Defendant
WHEREAS Defendant has preserved
preserved all rights object to disclosure
rights to object disclosure of the iPhone
iPhone or its
contents to Plaintiff;
contents Plaintiff;
WHEREAS on February
WHEREAS February 3, 2023, the parties
parties submitted
submitted a proposed
proposed order to the Court
directing Apple
directing Apple to provide
provide access to the contents
contents of the Decedent's iPhone to Defendant,
Decedent's iPhone Defendant, which
which
proposed approved by the Court, with modifications,
proposed order was approved March 3, 2023 (the "Order");
modifications, on March "Order");
WHEREAS Defendant's
WHEREAS Defendant's counsel
counsel thereafter
thereafter transmitted Order to Apple;
transmitted the Order Apple; ;
WHEREAS Apple
WHEREAS Apple thereafter
thereafter informed
informed Defendant's counsel that the Order
Defendant's counsel Order was missing
missing
I
certain information
certain required by Apple;
information required Apple;
WHEREAS a court .conference
WHEREAS person on March
conducted in person
conference was conducted 2023 with counsel
March 21, 2023 counsel .
for the parties
parties present,
present, during
during which Defendant's
Defendant's counsel informed the Court
counsel informed Apple required
Court that Apple required
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FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
FILED: WESTCHESTER COUNTY CLERK 04/05/2023 09:55 AM INDEX NO. 61665/2021
NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 08/10/2023
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 04/05/2023
certain
certain additional
additional information
information and
and that
that a proposed
proposed amended
amended order
order with
with such
such information
information would
would be
be
submitted
submitted for
for the
the Court's
Court's approval;
approval; I
NOW, on
NOW, o'n motion
motion of ROSMAN
ROSMAN LEGAL,
LEGAL, P.C.,
P.c., attorneys
attorneys for Plaintiff, on
for Plaintiff, on consent
consent of
of
YANKWITT
Y ANKWITT LLP,
LLP, attorneys
attorneys for
for Defendant:
Defendant:
COURT FINDS
THE COURT FINDS AND ORDERS
ORDERS AS FOLLOWS:
FOLLOWS:
1.
1. The
The name
name and
and Apple
Apple ID
ID of the
the Decedent
Decedent are
are Aaron
Aaron Michael
Michael Einsidler
Einsidler and
and
Aaron .M.Einsi d I er @gmai1.com, respectively;
Aaron.M.Einsidler@gmail.com, respectively;
2. The
The name
name of
of the
the next
next of kin
kin who
who is requesting
requesting access
access to
to the Decedent's account
the Decedent's account is
Lee
Lee R.
R. Einsidler;
Einsidler;
3. The
The Decedent
Decedent was
was the
the user
user of
of all accounts
accounts associated
associated with
with the
the Apple
Apple ID;
ID;
4. As
As administrator
administrator or legal
legal personal
personal representative,
representative, the requestor is the
the requestor the "agent"
"agent" of
of the
the
Decedent,
Decedent, and
and their
their authorization,
authorization. constitutes
constitutes "lawful
"lawful consent"
consent" as
as those
those terms
terms are
are
. used
used in the
the Electronic
Electronic Communications
Communications Privacy
Privacy Act
Act or
or equivalent
equivalent law;
law; and
and
5. Apple
Apple is ordered
ordered by
by the
the court
court to assist
assist in
in the recovery of
the recovery of Decedent's personal data
Decedent's personal data
from
from their
their accounts,
accounts, which
which may
may contain
contain third party personally
third party personally identifiable
identifiable
information
information or data.
data.
FURTHER ORDERED
IT IS FURTHER ORDERED that
that within
within sixty
sixty (60)
(60) days
days of
of the presentation of
the presentation of a certified
certified
copy
copy of this
this order,
order, Apple, Inc. shall
Apple, Inc. shall provide
provide Defendant
Defendant LEE
LEE R.
R. EINSIDLER,
EINSIDLER, through his attorneys
through his attorneys
YANKWITT
YANKWITT LLP
LLP c/o
c/o Jonathan
Jonathan Ohring,
Ohring, Esq.,
Esq., 140
140 Grand
Grand Street,
Street, Suite
Suite 705,
705, White
White Plains,
Plains, New
New
York
York 10601,
10601, Office
Office Tel.:
Tel.: (914)
(914) 352-4788,
352-4788, Fax:
Fax: (914)
(914) 487-5000,
487-5000, jonathan@yankwitt.com,
jonathan@yankwitt.com, with
with
access
access to Aaron
Aaron M.
M. Einsidler's
Einsidler's iPhone
iPhone or its contents
contents to the
the maximum
maximum extent
extent technically
technically possible
possible
While neither
While neither Defendant
Defendant nor his counsel
counsel have
have any knowledge
knowledge of Decedent's
Decedent's Apple
Apple ID, Defendant's
Defendant's counsel
counsel believes
believes
email address
that the email, address set forth below
below may be Decedent's
Decedent's Apple
Apple ID. In providing information, neither
providing this information, neither Defendant
Defendant
counsel makes
nor his counsel makes any assurances
assurances regarding
regarding whether
whether that email
email address
address is, in fact,
fact, Decedent's
Decedent's Apple
Apple ID.
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FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021
FILED: WESTCHESTER INDEX NO.
COUNTY CLERK 04/05/2023 09:55 AMRECEIVED NYSCEF: 61665/2021
NYSCEF DOC. NO. 192 08/10/2023
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 04/05/2023
means of either passcode,
by means passcode, access
access code, or other
other means "unlocking" the iPhone
means of "unlocking" iPhone or access to
Decedent's iCloud.
Decedent's iCloud.
FURTHER ORDERED
IT IS FURTHER within 20 days
ORDERED that within days of receiving response from Apple,
receiving a response Apple,
Defendant's attorneys
Inc., Defendant's attorneys shall notify Plaintiff's attorneys
notify Plaintiff's attorneys of receipt said response.
receipt of said response.
Dated: White
Dated: Plains, New
White Plains, New York
-IletarciT C( , 2023
M~
&PM
-:-(
ENTER:
dbYAfku~
,e-eda66,
. Hon.
Hon. Hal Greenwald, l.S.C.,
Hal B. Greenwald, J.S.C.
~
ROSMAN LEGAL,
Cc: ROSMAN Plaintiff's counsel
P.c., Plaintiff's
LEGAL, P.C.,
YANKWITT LLP, Defendant's
YANKWITT Defendant's counsel
counsel
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Preview
FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 08/10/2023 Exhibit Q FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 FILED: WESTCHESTER COUNTY CLERK 04/05/2023 09:55 AM INDEX NO. 61665/2021 NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 08/10/2023 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 04/05/2023 SUPREME COURT SUPREME COURT OF THE STATE NEW YORK STATE OF NEW YORK COUNTY OF WESTCHESTER COUNTY WESTCHESTER NEIL NEIL B. B. RICE, RICE, Plaintiff, Plaintiff, Index No. 61665/2021 Index No. 6166512021 v. 5C.COOD ~tc.Gt-:ro LEE R. EINSIDLER, LEE R. EINSIDLER, As Administrator of the As Administrator the Estate Estate of Aaron Michael Einsidler Aaron Michael Einsidler aka Aaron M. aka Aaron M. Einsidler, Einsidler, AMENDED ORDER AMENDED ORDER (J-\3 ~l-\) Defendant. Defendant. ~{. ~ ------ ~~ (Ai .~l TO: TO: Apple Apple Inc. Inc. - - - One Apple Park One Apple Park Way Way Cupertino, Cupertino, CA CA 95014 95014 GREETINGS: GREETINGS: WHEREAS the WHEREAS the Summons and Complaint Summons and Plaintiff NEIL of Plaintiff Complaint of NEIL B. RICE ("Plaintiff'), B. RICE having ("Plaintiff'), having been filed been filed with with this August 25, Court on August this Court 25,2021, seeking damages 2021, seeking damages sounding against Defendant tort against sounding in tort Defendant LEE R. LEE ("Defendant"), as Administrator EINSIDLER ("Defendant"), R. EINSIDLER of the Administrator of Estate of the Estate of Aaron Michael Einsidler Aaron Michael Einsidler ("Decedent"); ("Decedent"); WHEREAS Plaintiff's WHEREAS Plaintiff's claims against Defendant claims against Defendant having certain alleged involved certain having involved alleged actions actions taken by taken the Decedent, by the Decedent, such those involving such as those phone calls, involving phone text messages, calls, text messages, and photographs, all and photographs, believed by Plaintiff believed to be Plaintiff to be stored on the stored on Decedent's iPhone the Decedent's iPhone and and in associated Apple Decedent's associated in Decedent's Apple accounts accounts and and iCloud; iCloud; WHEREAS Defendant WHEREAS Defendant is the father of the the father Decedent and, the Decedent as administrator and, as administrator of of the estate of the estate the Decedent, the Decedent, is the the legal representative, agent, personal representative, legal personal agent, or or heir, heir, whose authorization constitutes whose authorization constitutes consent," as demonstrated "lawful consent," "lawful demonstrated by the attached by the attached Letters of Administration; Letters of Administration; 1 of 4 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 FILED: WESTCHESTER COUNTY CLERK 04/05/2023 09:55 AM INDEX NO. 61665/2021 NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 08/10/2023 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 04/05/2023 WHEREAS Defendant's WHEREAS Defendant's counsel counsel is in possession possession of the Decedent's Decedent's iPhone iPhone having having the following specifications: following specifications: iPhone release date September iPhone XS, release September 21, 2018, iOS 12, 21,2018, phone #: 914 12, phone 629 914629 A1920; 3881, model #: A1920; WHEREAS Plaintiff WHEREAS Plaintiff having having sought by Motion Motion Sequence Sequence # 4 access access to the contents contents of the Decedent's iPhone Decedent's iPhone for the purposes purposes of (in Plaintiff's Plaintiff's view) view) relevant necessary discovery relevant and necessary discovery and disclosure for the prosecution disclosure prosecution of Plaintiff's Plaintiff's claims against Defendant; claims against Defendant; WHEREAS a court conference WHEREAS conference was conducted conducted in person January 27, person on January 2023 with counsel 27,2023 counsel parties present; for the parties present; WHEREAS Defendant WHEREAS Defendant has indicated indicated that he does not object object to entry entry of an order directing directing Apple to provide Apple provide access to the contents contents of the Decedent's Decedent's iPhone iPhone to Defendant; Defendant; WHEREAS Defendant WHEREAS Defendant has preserved preserved all rights object to disclosure rights to object disclosure of the iPhone iPhone or its contents to Plaintiff; contents Plaintiff; WHEREAS on February WHEREAS February 3, 2023, the parties parties submitted submitted a proposed proposed order to the Court directing Apple directing Apple to provide provide access to the contents contents of the Decedent's iPhone to Defendant, Decedent's iPhone Defendant, which which proposed approved by the Court, with modifications, proposed order was approved March 3, 2023 (the "Order"); modifications, on March "Order"); WHEREAS Defendant's WHEREAS Defendant's counsel counsel thereafter thereafter transmitted Order to Apple; transmitted the Order Apple; ; WHEREAS Apple WHEREAS Apple thereafter thereafter informed informed Defendant's counsel that the Order Defendant's counsel Order was missing missing I certain information certain required by Apple; information required Apple; WHEREAS a court .conference WHEREAS person on March conducted in person conference was conducted 2023 with counsel March 21, 2023 counsel . for the parties parties present, present, during during which Defendant's Defendant's counsel informed the Court counsel informed Apple required Court that Apple required 2 2 of 4 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 FILED: WESTCHESTER COUNTY CLERK 04/05/2023 09:55 AM INDEX NO. 61665/2021 NYSCEF DOC. NO. 192 RECEIVED NYSCEF: 08/10/2023 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 04/05/2023 certain certain additional additional information information and and that that a proposed proposed amended amended order order with with such such information information would would be be submitted submitted for for the the Court's Court's approval; approval; I NOW, on NOW, o'n motion motion of ROSMAN ROSMAN LEGAL, LEGAL, P.C., P.c., attorneys attorneys for Plaintiff, on for Plaintiff, on consent consent of of YANKWITT Y ANKWITT LLP, LLP, attorneys attorneys for for Defendant: Defendant: COURT FINDS THE COURT FINDS AND ORDERS ORDERS AS FOLLOWS: FOLLOWS: 1. 1. The The name name and and Apple Apple ID ID of the the Decedent Decedent are are Aaron Aaron Michael Michael Einsidler Einsidler and and Aaron .M.Einsi d I er @gmai1.com, respectively; Aaron.M.Einsidler@gmail.com, respectively; 2. The The name name of of the the next next of kin kin who who is requesting requesting access access to to the Decedent's account the Decedent's account is Lee Lee R. R. Einsidler; Einsidler; 3. The The Decedent Decedent was was the the user user of of all accounts accounts associated associated with with the the Apple Apple ID; ID; 4. As As administrator administrator or legal legal personal personal representative, representative, the requestor is the the requestor the "agent" "agent" of of the the Decedent, Decedent, and and their their authorization, authorization. constitutes constitutes "lawful "lawful consent" consent" as as those those terms terms are are . used used in the the Electronic Electronic Communications Communications Privacy Privacy Act Act or or equivalent equivalent law; law; and and 5. Apple Apple is ordered ordered by by the the court court to assist assist in in the recovery of the recovery of Decedent's personal data Decedent's personal data from from their their accounts, accounts, which which may may contain contain third party personally third party personally identifiable identifiable information information or data. data. FURTHER ORDERED IT IS FURTHER ORDERED that that within within sixty sixty (60) (60) days days of of the presentation of the presentation of a certified certified copy copy of this this order, order, Apple, Inc. shall Apple, Inc. shall provide provide Defendant Defendant LEE LEE R. R. EINSIDLER, EINSIDLER, through his attorneys through his attorneys YANKWITT YANKWITT LLP LLP c/o c/o Jonathan Jonathan Ohring, Ohring, Esq., Esq., 140 140 Grand Grand Street, Street, Suite Suite 705, 705, White White Plains, Plains, New New York York 10601, 10601, Office Office Tel.: Tel.: (914) (914) 352-4788, 352-4788, Fax: Fax: (914) (914) 487-5000, 487-5000, jonathan@yankwitt.com, jonathan@yankwitt.com, with with access access to Aaron Aaron M. M. Einsidler's Einsidler's iPhone iPhone or its contents contents to the the maximum maximum extent extent technically technically possible possible While neither While neither Defendant Defendant nor his counsel counsel have have any knowledge knowledge of Decedent's Decedent's Apple Apple ID, Defendant's Defendant's counsel counsel believes believes email address that the email, address set forth below below may be Decedent's Decedent's Apple Apple ID. In providing information, neither providing this information, neither Defendant Defendant counsel makes nor his counsel makes any assurances assurances regarding regarding whether whether that email email address address is, in fact, fact, Decedent's Decedent's Apple Apple ID. 3 3 of 4 FILED: WESTCHESTER COUNTY CLERK 08/10/2023 02:11 PM INDEX NO. 61665/2021 FILED: WESTCHESTER INDEX NO. COUNTY CLERK 04/05/2023 09:55 AMRECEIVED NYSCEF: 61665/2021 NYSCEF DOC. NO. 192 08/10/2023 NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 04/05/2023 means of either passcode, by means passcode, access access code, or other other means "unlocking" the iPhone means of "unlocking" iPhone or access to Decedent's iCloud. Decedent's iCloud. FURTHER ORDERED IT IS FURTHER within 20 days ORDERED that within days of receiving response from Apple, receiving a response Apple, Defendant's attorneys Inc., Defendant's attorneys shall notify Plaintiff's attorneys notify Plaintiff's attorneys of receipt said response. receipt of said response. Dated: White Dated: Plains, New White Plains, New York -IletarciT C( , 2023 M~ &PM -:-( ENTER: dbYAfku~ ,e-eda66, . Hon. Hon. Hal Greenwald, l.S.C., Hal B. Greenwald, J.S.C. ~ ROSMAN LEGAL, Cc: ROSMAN Plaintiff's counsel P.c., Plaintiff's LEGAL, P.C., YANKWITT LLP, Defendant's YANKWITT Defendant's counsel counsel 4 of 4