Gomelsky v. Apple, Inc.

Filing 87

MOTION to Dismiss the Third Amended Complaint filed by Apple, Inc.. Motion Hearing set for 9/24/2010 09:00 AM in Courtroom 3, 5th Floor, San Jose. (Attachments: # 1 Proposed Order [Proposed] Order Granting Apple Inc.'s Motion to Dismiss the Third Amended Complaint)(Preovolos, Penelope) (Filed on 6/28/2010)

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 Plaintiffs, 15 v. 16 APPLE INC., 17 Defendant. 18 19 20 Plaintiffs, 21 v. 22 APPLE INC., 23 24 25 26 27 28 [PROPOSED] ORDER UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION REUBEN BERENBLAT, ANDREW PERSONETTE, EARL C. SIMPSON, LAURA MILLER, On behalf of themselves and all others similarly situated, Case No. Case No. C-08-04969 JF C-09-01649 JF [PROPOSED] ORDER GRANTING APPLE INC.'S MOTION TO DISMISS THE THIRD AMENDED COMPLAINT THOMAS WAGNER, SCOTT MEYERS, On behalf of themselves and all others similarly situated, Defendant. CASE NOS. C-08-04969 JF, C-09-01649 JF sf-2857490 1 ORDER 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 [PROPOSED] ORDER Having considered the papers filed by the parties in connection with Apple Inc.'s motion and the parties' arguments at the hearing on this matter, and for good cause shown, the Court hereby GRANTS Apple's motion and dismisses Plaintiffs' Third Amended Complaint with prejudice. IT IS SO ORDERED. DATED: ________________________ ______________________________ Hon. Jeremy Fogel United States District Judge 1 CASE NOS. C-08-04969 JF, C-09-01649 JF sf-2857490

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