In Re Sony PS3 "Other OS" Litigation

Filing 100

Proposed Order re 96 MOTION to Strike 76 Amended Complaint [Class Allegations; Memorandum of Points and Authorities] MOTION to Strike 76 Amended Complaint [Class Allegations; Memorandum of Points and Authorities] by Sony Computer Entertainment America Inc, Sony Computer Entertainment America LLC. (Sacks, Luanne) (Filed on 9/10/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA PIPER LLP (US) S A N FR A N C I S C O UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION In re SONY PS3 "OTHER OS" LITIGATION CASE NO. 3:10-CV-01811 [PROPOSED] ORDER GRANTING MOTION TO STRIKE Date: Time: Judge: Courtroom: November 4, 2010 1:30 p.m. Hon. Richard Seeborg 3 -1WEST\222443325.2 [PROPOSED] ORDER GRANTING MOTION TO STRIKE CASE NO. 3:10-cv-01811 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DLA PIPER LLP (US) S A N FR A N C I S C O On November 4, 2010, the Court heard defendant Sony Computer Entertainment America LLC's ("SCEA") Motion To Strike, brought pursuant to Federal Rules of Civil Procedure ("Rule") 12(f) and 23. Having considered the briefs submitted by the parties and other documents in support of and opposition to the motion, and having heard the arguments of counsel and being fully advised in this matter, the Motion is GRANTED. SCEA moved to strike the class allegations in Plaintiffs' Consolidated Class Action Complaint (the "Consolidated Complaint"). The Court has considered the evidence offered by the parties, as well as the Court's own records, and has concluded that striking these allegations is appropriate because Plaintiffs will be unable to satisfy the requirements of Rule 23(a), (b)(2) or (b)(3). IT IS SO ORDERED. DATED: ______________, 2010 _______________________________________ THE HONORABLE RONALD R. SEEBORG United States District Court Judge -2WEST\222443325.2 [PROPOSED] ORDER GRANTING MOTION TO STRIKE CASE NO. 3:10-cv-01811