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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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