Apple and Jon Prosser’s attorney have asked the court to set aside the default entered against him last October, which may give him another chance to formally respond to the complaint. Here are the details.
A bit of context
Last year, Apple filed a lawsuit against Jon Prosser over the leak of the Liquid Glass visual revamp.
In addition to suing Prosser, Apple also sued Michael Ramacciotti, who, according to court documents, secretly accessed the iPhone of Apple employee Ethan Lipnik and got paid for showing Prosser a version of iOS 26 that was still under development. Lipnik was later fired.
According to court documents, while Ramacciotti cooperated with the lawsuit from the start, Prosser missed several deadlines to respond to Apple’s complaint. Prosser contested this information.
That said, last October, the court accepted Apple’s request to enter a default judgment against him after he missed the court’s deadline to answer the complaint, effectively forfeiting his right to formally contest the allegations in the lawsuit.
Fast-forward to April 15: two days after Apple and Ramacciotti filed a joint status report on the case, Prosser’s newly retained attorney filed a separate one.
In it, Prosser’s attorney said he had been retained two days earlier, and told the court that Prosser intended to promptly seek to vacate the default by presenting “evidence of meritorious defenses to Apple’s claims.”
That brings us to today.
Prosser and Apple agree to set aside default
In a court document filed yesterday and made public today, Apple and Prosser told the court that they have agreed to ask Judge James Donato to set aside the default entered against him.
From the document:
WHEREAS, in light of Mr. Prosser’s recent retention of counsel and agreement to immediately produce discovery, Apple believes setting aside the entry of default is the most efficient way to advance this case without further delay, and Apple does not oppose setting aside the entry of default;
NOW, THEREFORE, Apple and Mr. Prosser stipulate, subject to confirmation of the Court, that the entry of default against Mr. Prosser is set aside.
This means that although Apple is not opposing Prosser’s request, Judge Donato still has to approve the stipulation before the default is formally set aside.
You can read the document in full below:
Do you think Prosser’s request should be accepted? Let us know in the comments.
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