Matthews

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 MICHAEL MATHEWS, Case No. 24-cv-00272-JST

Plaintiff,

ORDER DENYING MOTION TO

v. DISMISS

APPLE, INC., Re: ECF No. 69 Defendant.

12 Before the Court is Defendant Apple Inc.’s second motion to dismiss. ECF No. 69. The Court will deny the motion. I. BACKGROUND A. Factual Background For the purpose of deciding this motion, the Court accepts as true the following allegations from Plaintiff Michael Mathews’s amended complaint. Knievel v. ESPN, 393 F.3d 1068, 1072 (9th Cir. 2005). On December 23, 2023, in Scottsdale, Arizona, Mathews was pickpocketed. ECF No. 66 ¶ 21. The thieves took his iPhone and, within minutes, had hacked into it and locked Mathews out of his AppleID and iCloud accounts. Id. Among the data Mathews had stored in his Apple accounts were “Social Security numbers, passport data, credit cards, bank accounts, brokerage accounts,” “work files, research, tax returns,…