Gordoa

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 NORTHERN DISTRICT OF CALIFORNIA 9 10 ARIANI REYES, et al., Case No. 3:22-cv-02900-JSC

11 Plaintiffs,

ORDER RE: APPLE’S MOTION FOR

12 v. SUMMARY JUDGMENT AND

MOTION TO EXCLUDE DR. HAHN

13 APPLE, INC., Re: Dkt. Nos. 196, 197, 201 Defendant. 14

15 16 Plaintiffs B.G. and his mother bring personal injury and product defect claims against 17 Apple regarding Apple’s AirPods product. In their complaint, Plaintiffs alleged B.G.’s AirPods 18 Pro “produced ear shattering sound levels that ripped open B.G.’s right ear drum and damaged his 19 cochlea during an Amber Alert notification.” (Dkt. No. 1 at ¶ 4. 1) But now that discovery has 20 closed, the undisputed evidence shows the Amber Alert produced a sound no greater than 113.5 21 decibels—a volume below sounds commonly experienced in everyday life—and a volume 22 magnitudes less than that which is scientifically recognized to cause hearing loss or injury. Apple 23 now moves to exclude Plaintiffs’ causation expert Dr. Yaov Hahn and moves for summary 24 judgment.…