Levitte v. Google Inc.

Filing 38

CLERKS NOTICE Continuing Motion Hearing (34 in 08-cv-03369-JW Levitte v. Google Inc.); Continuing Case Management Conference in ALL RELATED cases from 2/23/2009 to 3/2/2009. Motion Hearing set for 3/2/2009 09:00 AM in Courtroom 8, 4th Floor, San Jose. Joint Case Management Statement due by 2/20/2009 to be filed in each respective case docket. Case Management Conference in all related cases set for 3/2/2009 10:00 AM in Courtroom 8, 4th Floor, San Jose before Hon. James Ware. (ecg, COURT STAFF) (Filed on 2/12/2009)

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Levitte v. Google Inc. Doc. 38 1 2 3 4 5 6 7 8 9 PENELOPE A. PREOVOLOS (CA SBN 87607) (PPrevolos@mofo.com) ANDREW D. MUHLBACH (CA SBN 175694) (AMuhlbach@mofo.com) ALEXEI KLESTOFF (CA SBN 224016) (AKlestoff@mofo.com) MORRISON & FOERSTER LLP 425 Market Street San Francisco, California 94105-2482 Telephone: 415.268.7000 Facsimile: 415.268.7522 Attorneys for Defendant APPLE INC. UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA 11 SAN JOSE DIVISION 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLEASE TAKE NOTICE that on August 14, 2009 at 9:00 am, in the courtroom of the Honorable Jeremy Fogel, San Jose, California, defendant Apple Inc. ("Apple") will move to dismiss all of plaintiffs' claims pursuant to Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim upon which relief can be granted. Apple moves to dismiss plaintiffs' claims on the following grounds: (1) plaintiffs fail to state a claim for breach of the implied warranty of merchantability because the alleged defect in plaintiffs' computers manifested itself after any implied warranties had expired; (2) plaintiffs fail to state a claim for violation of the Unfair Competition Law because Apple's actions were neither APPLE'S NOTICE OF MOTION AND MOTION TO DISMISS CASE NO. C-08-04969 JF sf-2691509 REUBEN BERENBLAT, ANDREW PERSONETTE, EARL C. SIMPSON, LAURA MILLER, On behalf of themselves and all others similarly situated, Plaintiffs, v. APPLE INC., Defendant. Case No. C-08-04969 JF APPLE INC.'S NOTICE OF MOTION AND MOTION TO DISMISS Date: August 14, 2009 Time: 9:00 am Courtroom: 3 1 Dockets.Justia.com 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 unlawful nor unfair; (3) plaintiffs fail to state a claim for unjust enrichment because no such cause of action exists in California and because nothing about Apple's actions was unjust. This motion is based on this Notice of Motion and Motion, the Memorandum of Points and Authorities that follows, the Request for Judicial Notice ("RJN"), and the declaration of Alexei Klestoff filed concurrently herewith, all pleadings and papers filed herein, oral argument by counsel, and such other and further matter that properly may be received by the Court. Dated: June 1, 2009 PENELOPE A. PREOVOLOS ANDREW D. MUHLBACH ANNE M. HUNTER ALEXEI KLESTOFF MORRISON & FOERSTER LLP By: /s/ Penelope A. Preovolos Penelope A. Preovolos Attorneys for Defendant APPLE INC. APPLE'S NOTICE OF MOTION AND MOTION TO DISMISS CASE NO. C-08-04969 JF sf-2691509 2