Ward et al v. Apple Inc.

Filing 72

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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1 2 UNITED STATES DISTRICT COURT 3 NORTHERN DISTRICT OF CALIFORNIA 4 5 ZACK WARD, ET AL., Case No. 12-cv-05404-YGR Plaintiffs, 6 v. ORDER DENYING MOTION TO DISMISS; SETTING BRIEFING SCHEDULE FOR SUMMARY JUDGMENT 7 8 APPLE INC., Re: Dkt. No. 57 Defendant. 9 10 On September 15, 2015, defendant moved to dismiss pursuant to Federal Rule of Civil United States District Court Northern District of California 11 Procedure 12(b)(6). (Dkt. No. 57.) Oral argument on the opposed motion was heard on December 12 14, 2015. The Court finds that defendant’s argument relies on an accompanying request for 13 judicial notice (Dkt. No. 58) of certain evidence that is not appropriate for consideration on a 14 motion to dismiss for failure to state a claim. As the motion is inextricably linked to the overbroad 15 request for judicial notice, the motion is DENIED. 16 However, the Court will entertain a narrow motion for summary judgment by defendant 17 solely on the issue of whether the complaint alleges a relevant market. The motion shall be filed 18 no later than February 2, 2016, on a standard 35-day schedule. While the pre-filing conference 19 requirement is waived, the parties must otherwise follow the Court’s Standing Order in Civil 20 Cases, including by submitting separate statements of material facts. In furtherance of addressing 21 the merits of the anticipated motion, plaintiffs shall each submit to defendant by no later than 22 January 8, 2016, declarations describing in detail the circumstances surrounding their purchases 23 of the iPhones and AT&T service plans in question, including whether the devices were acquired 24 separately from, and prior to, the service plans. 25 This Order terminates Docket Number 57. 26 IT IS SO ORDERED. 27 Dated: December 15, 2015 28 ______________________________________ YVONNE GONZALEZ ROGERS UNITED STATES DISTRICT COURT JUDGE

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