Judge agrees to set aside default entered against Jon Prosser in Apple lawsuit

Jon Prosser is getting a new chance to respond to Apple’s complaint over the leak of iOS 26 and the Liquid Glass revamp. Here are the details.

Judge sets aside Prosser’s default

Earlier this month, Jon Prosser’s lawyer and Apple’s legal team agreed to ask the court to set aside the default entered against him after Prosser failed to respond to Apple’s complaint by the court-imposed deadline.

From the document:

WHEREAS, in light of Mr. Prosser’s recent retention of counsel and agreement to immediately produce discovery, Apple believes setting aside the entry of default is the most efficient way to advance this case without further delay, and Apple does not oppose setting aside the entry of default;
NOW, THEREFORE, Apple and Mr. Prosser stipulate, subject to confirmation of the Court, that the entry of default against Mr. Prosser is set aside.

Shortly after being retained in April, Prosser’s attorney informed the court that he intended to seek to vacate the default and present “evidence of meritorious defenses to Apple’s claims.” Prosser and Apple later submitted their joint stipulation on June 9.

Apple sued Jon Prosser alongside Michael Ramacciotti last July, alleging that Ramacciotti accessed the development iPhone of then-Apple employee Ethan Lipnik while Lipnik was away from home. The company alleges that Prosser used information obtained from Lipnik’s iPhone to publish videos that revealed elements of what would later become the Liquid Glass redesign.

According to court documents filed in the case, Ramacciotti actively cooperated with the discovery process, while Prosser failed to respond. Prosser later disputed the characterization that he had ignored the case, claiming that he had been “in active communications with Apple since the beginning stages” of the lawsuit.

Even so, the clerk subsequently entered default against him at Apple’s request, preventing Prosser from formally contesting the company’s allegations unless the default was set aside.

After Prosser retained legal counsel, his attorney and Apple agreed that setting aside the default would be the most efficient way to move the case forward. Earlier this month, they submitted a joint stipulation requesting that the court do so.

Today, U.S. District Judge James Donato granted the request:

IT IS HEREBY ORDERED that the entry of default against Jon Prosser is set aside. Mr. Prosser shall have ten days after the date of this order to file a responsive pleading to Apple’s complaint. Mr. Prosser shall produce all materials responsive to Apple’s prior discovery requests by June 9, 2026, and shall sit for a deposition by no later than June 16, 2026.

Interestingly, the order is dated June 22, even though two of the deadlines it includes have already passed. It is likely that the order was signed without updating these provisions. That said, Prosser now has ten days to file a formal response to Apple’s complaint.

What’s your take on Judge Donato’s decision? Let us know in the comments.

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