By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - ESPN
SDNY COURTHOUSE, Dec 20 – Ousmane Bah said he was falsely accused of theft by Apple, and sued. Apple is trying to hide information after the fact; its co-defendant on October 13, 2020 moved to dismiss, below.
On September 21, 2020 U.S. District Court for the Southern District of New York Judge P. Kevin Castel held a proceeding. Inner City Press covered it.
In a lengthy discovery conference, Judge Castel expressed frustration that the parties had not resolved some of the issues among themselves.
Apple through Morrison & Foerster's Carrie Cohen and Katie Viggiani was pushing to get a filed exhibit sealed after the fact. But it is already public and says, in part:
"Walks over to sales wall on right side at 3:39:55 PM and pockets a demo Apple Pencil. -
Walks over to Mac Pro and LG Display at 3:41:48 PM and pockets a Space Gray Demo Trackpad. - Walks over to iPad table and Pockets two more demo Apple Pencils at 3:42:54 PM. - Walks over to Apple Watch table and pockets Apple Watch at 3:43:34 PM 3E334LL/A APPLE WATCH S4 44 GOLD AL CEL DEMO-USA - LT2 RA FH7X70GUKDT9 - Walks over to left side Accessories and pockets a sellable Space Gray Magic Mouse at 3:44:30 PM -
Walks over to right side Accessories and pockets a sellable Apple Pencil at 3:45:05 PM - Walks back over to Apple Watch table and pockets 2 more Apple Watches at 3:48:29 & 3:49:02 PM 3D195LL/A APPLE WATCH S3 42 SIL AL CEL DEMO - LT2 LA Mat G99X20N2J6GD 3E335LL/A APPLE WATCH S4 44 Gold SS CEL DEMO-USA - LT2 LC Mat FH7X60UTKDTC Exits the store at 3:49:10 PM
* Sheltered in place * Evacuated * Store closure
Immediate Action No police were called at the time of incident. Informed store management and Security guard on duty. Footage of incident has been pulled and is available when requested. Apple Confidential. Do not distribute."
Now on October 13 the defendants have gone further, filing a report by Steven Yhap of Security Industry Specialists, Inc. that "the shoplifter... was searched for weapons... and was banned from entering all Apple property... A hit from GSOC came back to that name out of Quebec, but when I was sent a copy of the report from Quebec it was a different person same name though." Oh.
On December 17, a stipulation of voluntary dismissal was filed, in which Apple admits it falsely accused Bah after another person impersonated him - it emphasized its denial of using facial recognititon.
The case is Bah v. Apple Inc. et al., 19-cv-3539 (Castel)
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