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