Gordoa

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 9 ARIANI REYES, et al., Case No. 3:22-cv-02900-JSC

Plaintiffs,

ORDER RE: APPLE’S MOTION FOR

v. SUMMARY JUDGMENT AND

MOTION TO EXCLUDE DR. HAHN

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

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