Baltazar et al v. Apple Inc

Filing 91

ORDER GRANTING LEAVE TO FILE MOTION TO DISMISS AND MOTION TO STRIKE PLAINTIFFS' THIRD AMENDED COMPLAINT re 85 Notice (Other) filed by Apple Inc, 88 Response ( Non Motion ), Response ( Non Motion ) filed by Claudia Keller, Jacob Baltazar, John R. Browning. Signed by Judge Alsup on November 22, 2011. (whalc1, COURT STAFF) (Filed on 11/22/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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JACOB BALTAZAR, CLAUDIA
KELLER, JOHN R. BROWNING,
individually, and on behalf of others
similarly situated,

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ORDER GRANTING LEAVE
TO FILE MOTION TO DISMISS
AND MOTION TO STRIKE
PLAINTIFFS’ THIRD AMENDED
COMPLAINT

Plaintiffs,

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No. C 10-03231 WHA

v.
APPLE, INC.,
Defendant.

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/

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Defendant Apple, Inc. requests leave to file a motion to dismiss and to strike

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plaintiffs’ third amended complaint (Dkt. No. 85). Plaintiffs oppose (Dkt. No. 88). Having

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considered the submissions from both sides, the request is GRANTED. Apple should refile the

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motions and request a hearing date. The motions will briefed and heard on the normal 35-day

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track.

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IT IS SO ORDERED.

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Dated: November 22, 2011.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE