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`Keith Mathews
`Associated Attorneys of New England
`PO Box 278
`Manchester, NH 03105
`Ph. 603-622-8100
`keith@aaone.law
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`IN THE UNITED STATES DISTRICT COURT
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`FOR THE NORTHERN DISTRICT OF CALIFORNIA
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`CORONAVIRUS REPORTER,
`CALID INC,
`PRIMARY PRODUCTIONS LLC,
`DR. JEFFREY D. ISAACS,
`on behalf of themselves and all others similarly
`situated
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`vs.
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`APPLE INC.,
`FEDERAL TRADE COMMISSION
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`Plaintiffs,
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`Defendants.
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`Case No. 3:21-cv-05567-EMC
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`PRELIMINARY INJUNCTION APPEAL
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` NOTICE OF APPEAL
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`Coronavirus Reporter et al v. Apple Inc. et al
`Case No. 21-CV-5567-EMC
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`Case 3:21-cv-05567-EMC Document 88 Filed 12/27/21 Page 2 of 3
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`NOTICE OF APPEAL - PRELIMINARY INJUNCTION APPEAL
`Plaintiffs hereby notice this appeal to the Ninth Circuit Court of Appeals, concerning the
`District Court’s Denial of a Preliminary Injunction restraining Apple from censoring free apps from
`public distribution. Plaintiff Coronavirus Reporter had the first COVID-19 tracing app, which was
`developed by renowned cardiologist Robert Roberts MD. Apple blocked Plaintiff’s app – and all
`other startups – in February 2020.
`Given the national importance of free app censorship, and the belief this is a matter of first
`impression in any circuit, Plaintiffs immediately appeal the denial of the November 30th District
`Court denial of the Motion for Injunction and Amended Motion for Injunction. An FRCP 59/60
`motion is scheduled for February 3rd, 2022, and may not be fully adjudicated until March or later. A
`separate post-judgment appeal will file after that hearing, if necessary. In the event otherwise,
`Plaintiffs reserve the right to consolidate both appeals if in the interest of judicial economy.
`Submitted on this 27th day of December, 2021.
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`/s/ Keith Mathews
`Keith Mathews, Pro Hac Vice
`Counsel for Coronavirus Reporter, Primary Productions
`and CALID
`Associated Attorneys of New England
`PO Box 278
`Manchester, NH 03105
`Ph. 603-622-8100
`keith@aaone.law
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`Coronavirus Reporter et al v. Apple Inc. et al
`Case No. 21-CV-5567-EMC
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`Case 3:21-cv-05567-EMC Document 88 Filed 12/27/21 Page 3 of 3
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`CERTIFICATE OF SERVICE
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`I, Keith Mathews, do declare as follows:
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`I certify that a copy of the foregoing NOTICE OF APPEAL was delivered electronically to counsel
`for the Defendants with counsel, and emailed to those without known counsel.
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`Executed on this 27th day of December, 2021.
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`/s/ Keith Mathews
`Keith Mathews, Pro Hac Vice
`Associated Attorneys of New England
`PO Box 278
`Manchester, NH 03105
`Ph. 603-622-8100
`keith@aaone.law
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`Coronavirus Reporter et al v. Apple Inc. et al
`Case No. 21-CV-5567-EMC
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