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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
NEIL B. RICE,
Plaintiff,
Index No. 61665/2021
v.
LEE R. EINSIDLER, As Administrator of the Estate [PROPOSED]
of Aaron Michael Einsidler aka Aaron M. Einsidler, AMENDED ORDER
Defendant.
TO: Apple Inc.
One Apple Park Way
Cupertino, CA 95014
GREETINGS:
WHEREAS the Summons and Complaint of Plaintiff NEIL B. RICE (“Plaintiff”), having
been filed with this Court on August 25, 2021, seeking damages sounding in tort against Defendant
LEE R. EINSIDLER (“Defendant”), as Administrator of the Estate of Aaron Michael Einsidler
(“Decedent”);
WHEREAS Plaintiff’s claims against Defendant having involved certain alleged actions
taken by the Decedent, such as those involving phone calls, text messages, and photographs, all
believed by Plaintiff to be stored on the Decedent’s iPhone and in Decedent’s associated Apple
accounts and iCloud;
WHEREAS Defendant is the father of the Decedent and, as administrator of the estate of
the Decedent, is the legal personal representative, agent, or heir, whose authorization constitutes
“lawful consent,” as demonstrated by the attached Letters of Administration;
WHEREAS Defendant’s counsel is in possession of the Decedent’s iPhone having the
following specifications: iPhone XS, release date September 21, 2018, iOS 12, phone #: 914 629
3881, model #: A1920;
WHEREAS Plaintiff having sought by Motion Sequence # 4 access to the contents of the
Decedent’s iPhone for the purposes of (in Plaintiff’s view) relevant and necessary discovery and
disclosure for the prosecution of Plaintiff’s claims against Defendant;
WHEREAS a court conference was conducted in person on January 27, 2023 with counsel
for the parties present;
WHEREAS Defendant has indicated that he does not object to entry of an order directing
Apple to provide access to the contents of the Decedent’s iPhone to Defendant;
WHEREAS Defendant has preserved all rights to object to disclosure of the iPhone or its
contents to Plaintiff;
WHEREAS on February 3, 2023, the parties submitted a proposed order to the Court
directing Apple to provide access to the contents of the Decedent’s iPhone to Defendant, which
proposed order was approved by the Court, with modifications, on March 3, 2023 (the “Order”);
WHEREAS Defendant’s counsel thereafter transmitted the Order to Apple;
WHEREAS Apple thereafter informed Defendant’s counsel that the Order was missing
certain information required by Apple;
WHEREAS a court conference was conducted in person on March 21, 2023 with counsel
for the parties present, during which Defendant’s counsel informed the Court that Apple required
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certain additional information and that a proposed amended order with such information would be
submitted for the Court’s approval;1
NOW, on motion of ROSMAN LEGAL, P.C., attorneys for Plaintiff, on consent of
YANKWITT LLP, attorneys for Defendant:
THE COURT FINDS AND ORDERS AS FOLLOWS:
1. The name and Apple ID of the Decedent are Aaron Michael Einsidler and
Aaron.M.Einsidler@gmail.com, respectively;
2. The name of the next of kin who is requesting access to the Decedent’s account is
Lee R. Einsidler;
3. The Decedent was the user of all accounts associated with the Apple ID;
4. As administrator or legal personal representative, the requestor is the “agent” of the
Decedent, and their authorization constitutes “lawful consent” as those terms are
used in the Electronic Communications Privacy Act or equivalent law; and
5. Apple is ordered by the court to assist in the recovery of Decedent’s personal data
from their accounts, which may contain third party personally identifiable
information or data.
IT IS FURTHER ORDERED that within sixty (60) days of the presentation of a certified
copy of this order, Apple, Inc. shall provide Defendant LEE R. EINSIDLER, through his attorneys
YANKWITT LLP c/o Jonathan Ohring, Esq., 140 Grand Street, Suite 705, White Plains, New
York 10601, Office Tel.: (914) 352-4788, Fax: (914) 487-5000, jonathan@yankwitt.com, with
access to Aaron M. Einsidler’s iPhone or its contents to the maximum extent technically possible
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While neither Defendant nor his counsel have any knowledge of Decedent’s Apple ID, Defendant’s counsel believes
that the email address set forth below may be Decedent’s Apple ID. In providing this information, neither Defendant
nor his counsel makes any assurances regarding whether that email address is, in fact, Decedent’s Apple ID.
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by means of either passcode, access code, or other means of “unlocking” the iPhone or access to
Decedent’s iCloud.
IT IS FURTHER ORDERED that within 20 days of receiving a response from Apple,
Inc., Defendant’s attorneys shall notify Plaintiff’s attorneys of receipt of said response.
Dated: White Plains, New York
March _______, 2023
ENTER:
________________________
Hon. Hal B. Greenwald, J.S.C.
Cc: ROSMAN LEGAL, P.C., Plaintiff’s counsel
YANKWITT LLP, Defendant’s counsel
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On the Date Written Below LETTERS are Granted by the Surrogate's Court, State of New York as follows:
File #: 2020-2255
Name of Decedent: Aaron Michael Einsidler Date of Death: August 11, 2020
AKA Aaron Einsidler
Aaron M Einsidler
Domicile of Decedent: Waccabuc, New York
Appointed: Lee R. Einsidler
Fiduciary
Address 585 Grant Road
Malling
North Salem NY 10560
Letters Issued: LETTERS OF ADMINISTRATION
Limitations: NONE
THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the
above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and
disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York
State, subject to the limitations and restrictions, if any, as set forth above.
Dated: March 9, 2021 IN TESTIMONY WHEREOF, the seal of the
Westchester County Surrogate's Court has been
affixed.
WITNESS, Hon Brandon R. Sall, Judge of the
Westchester County Surrogate's Court.
Johanna K. O'Brien, Chief Clerk
These Letters are Not Valid Without the Raised Seal of the Westchester County Surrogate's Court
Attorney:
Corrigan Baker & Levine LLC
140 Grand Street
White Plains NY 10601
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SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER NEIL B. RICE, Plaintiff, Index No. 61665/2021 v. LEE R. EINSIDLER, As Administrator of the Estate [PROPOSED] of Aaron Michael Einsidler aka Aaron M. Einsidler, AMENDED ORDER Defendant. TO: Apple Inc. One Apple Park Way Cupertino, CA 95014 GREETINGS: WHEREAS the Summons and Complaint of Plaintiff NEIL B. RICE (“Plaintiff”), having been filed with this Court on August 25, 2021, seeking damages sounding in tort against Defendant LEE R. EINSIDLER (“Defendant”), as Administrator of the Estate of Aaron Michael Einsidler (“Decedent”); WHEREAS Plaintiff’s claims against Defendant having involved certain alleged actions taken by the Decedent, such as those involving phone calls, text messages, and photographs, all believed by Plaintiff to be stored on the Decedent’s iPhone and in Decedent’s associated Apple accounts and iCloud; WHEREAS Defendant is the father of the Decedent and, as administrator of the estate of the Decedent, is the legal personal representative, agent, or heir, whose authorization constitutes “lawful consent,” as demonstrated by the attached Letters of Administration; WHEREAS Defendant’s counsel is in possession of the Decedent’s iPhone having the following specifications: iPhone XS, release date September 21, 2018, iOS 12, phone #: 914 629 3881, model #: A1920; WHEREAS Plaintiff having sought by Motion Sequence # 4 access to the contents of the Decedent’s iPhone for the purposes of (in Plaintiff’s view) relevant and necessary discovery and disclosure for the prosecution of Plaintiff’s claims against Defendant; WHEREAS a court conference was conducted in person on January 27, 2023 with counsel for the parties present; WHEREAS Defendant has indicated that he does not object to entry of an order directing Apple to provide access to the contents of the Decedent’s iPhone to Defendant; WHEREAS Defendant has preserved all rights to object to disclosure of the iPhone or its contents to Plaintiff; WHEREAS on February 3, 2023, the parties submitted a proposed order to the Court directing Apple to provide access to the contents of the Decedent’s iPhone to Defendant, which proposed order was approved by the Court, with modifications, on March 3, 2023 (the “Order”); WHEREAS Defendant’s counsel thereafter transmitted the Order to Apple; WHEREAS Apple thereafter informed Defendant’s counsel that the Order was missing certain information required by Apple; WHEREAS a court conference was conducted in person on March 21, 2023 with counsel for the parties present, during which Defendant’s counsel informed the Court that Apple required 2 certain additional information and that a proposed amended order with such information would be submitted for the Court’s approval;1 NOW, on motion of ROSMAN LEGAL, P.C., attorneys for Plaintiff, on consent of YANKWITT LLP, attorneys for Defendant: THE COURT FINDS AND ORDERS AS FOLLOWS: 1. The name and Apple ID of the Decedent are Aaron Michael Einsidler and Aaron.M.Einsidler@gmail.com, respectively; 2. The name of the next of kin who is requesting access to the Decedent’s account is Lee R. Einsidler; 3. The Decedent was the user of all accounts associated with the Apple ID; 4. As administrator or legal personal representative, the requestor is the “agent” of the Decedent, and their authorization constitutes “lawful consent” as those terms are used in the Electronic Communications Privacy Act or equivalent law; and 5. Apple is ordered by the court to assist in the recovery of Decedent’s personal data from their accounts, which may contain third party personally identifiable information or data. IT IS FURTHER ORDERED that within sixty (60) days of the presentation of a certified copy of this order, Apple, Inc. shall provide Defendant LEE R. EINSIDLER, through his attorneys YANKWITT LLP c/o Jonathan Ohring, Esq., 140 Grand Street, Suite 705, White Plains, New York 10601, Office Tel.: (914) 352-4788, Fax: (914) 487-5000, jonathan@yankwitt.com, with access to Aaron M. Einsidler’s iPhone or its contents to the maximum extent technically possible 1 While neither Defendant nor his counsel have any knowledge of Decedent’s Apple ID, Defendant’s counsel believes that the email address set forth below may be Decedent’s Apple ID. In providing this information, neither Defendant nor his counsel makes any assurances regarding whether that email address is, in fact, Decedent’s Apple ID. 3 by means of either passcode, access code, or other means of “unlocking” the iPhone or access to Decedent’s iCloud. IT IS FURTHER ORDERED that within 20 days of receiving a response from Apple, Inc., Defendant’s attorneys shall notify Plaintiff’s attorneys of receipt of said response. Dated: White Plains, New York March _______, 2023 ENTER: ________________________ Hon. Hal B. Greenwald, J.S.C. Cc: ROSMAN LEGAL, P.C., Plaintiff’s counsel YANKWITT LLP, Defendant’s counsel 4 On the Date Written Below LETTERS are Granted by the Surrogate's Court, State of New York as follows: File #: 2020-2255 Name of Decedent: Aaron Michael Einsidler Date of Death: August 11, 2020 AKA Aaron Einsidler Aaron M Einsidler Domicile of Decedent: Waccabuc, New York Appointed: Lee R. Einsidler Fiduciary Address 585 Grant Road Malling North Salem NY 10560 Letters Issued: LETTERS OF ADMINISTRATION Limitations: NONE THESE LETTERS, granted pursuant to a decree entered by the court, authorize and empower the above-named fiduciary or fiduciaries to perform all acts requisite to the proper administration and disposition of the estate/trust of the Decedent in accordance with the decree and the laws of New York State, subject to the limitations and restrictions, if any, as set forth above. Dated: March 9, 2021 IN TESTIMONY WHEREOF, the seal of the Westchester County Surrogate's Court has been affixed. WITNESS, Hon Brandon R. Sall, Judge of the Westchester County Surrogate's Court. Johanna K. O'Brien, Chief Clerk These Letters are Not Valid Without the Raised Seal of the Westchester County Surrogate's Court Attorney: Corrigan Baker & Levine LLC 140 Grand Street White Plains NY 10601