Ward et al v. Apple Inc.
Filing
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ORDER by Judge Yvonne Gonzalez Rogers denying 57 Motion to Dismiss; Setting Briefing Schedule for Summary Judgment. (fs, COURT STAFF) (Filed on 12/15/2015)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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ZACK WARD, ET AL.,
Case No. 12-cv-05404-YGR
Plaintiffs,
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v.
ORDER DENYING MOTION TO DISMISS;
SETTING BRIEFING SCHEDULE FOR
SUMMARY JUDGMENT
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APPLE INC.,
Re: Dkt. No. 57
Defendant.
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On September 15, 2015, defendant moved to dismiss pursuant to Federal Rule of Civil
United States District Court
Northern District of California
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Procedure 12(b)(6). (Dkt. No. 57.) Oral argument on the opposed motion was heard on December
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14, 2015. The Court finds that defendant’s argument relies on an accompanying request for
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judicial notice (Dkt. No. 58) of certain evidence that is not appropriate for consideration on a
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motion to dismiss for failure to state a claim. As the motion is inextricably linked to the overbroad
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request for judicial notice, the motion is DENIED.
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However, the Court will entertain a narrow motion for summary judgment by defendant
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solely on the issue of whether the complaint alleges a relevant market. The motion shall be filed
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no later than February 2, 2016, on a standard 35-day schedule. While the pre-filing conference
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requirement is waived, the parties must otherwise follow the Court’s Standing Order in Civil
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Cases, including by submitting separate statements of material facts. In furtherance of addressing
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the merits of the anticipated motion, plaintiffs shall each submit to defendant by no later than
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January 8, 2016, declarations describing in detail the circumstances surrounding their purchases
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of the iPhones and AT&T service plans in question, including whether the devices were acquired
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separately from, and prior to, the service plans.
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This Order terminates Docket Number 57.
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IT IS SO ORDERED.
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Dated: December 15, 2015
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______________________________________
YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE
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