Koschitzki v. Apple Inc. et al

Filing 111

ORDER DENYING MOTIONS AS MOOT re 24 MOTION to Dismiss, 11 MOTION to Dismiss, 40 Notice of MOTION to Strike, 8 MOTION to Strike 7 Amended Complaint. Signed by Judge James Ware on 9/30/2009. (ecg, COURT STAFF) (Filed on 9/30/2009)

1 2 3 4 5 6 7 8 9 10 Avi Koschitzki, v. Plaintiff, IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION NO. C 09-03321 JW ORDER DENYING MOTIONS AS MOOT

United United States District Court

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For the Northern District of California

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Apple Inc., et al., Defendants. /

Presently pending before the Court are Motions to Strike and to Dismiss (Docket Item Nos. 8, 11, 24, 40) previously filed in the Eastern District of New York prior to the case being transferred to this Court by the MDL Panel. In light of the transfer, Plaintiff's recent Statement Confirming Consent to Transfer of Actions for All Purposes,1 and the Court's recent order setting deadline for a Consolidated Complaint,2 the Court DENIES the pending Motions in this case as moot.

Dated: September 30, 2009

JAMES WARE United States District Judge

(See Docket Item No. 21 in M:09-02045 In Re: Apple iPhone 3G Products Liability Litigation.)
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1

(Id. at Docket Item No. 16.)

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THIS IS TO CERTIFY THAT COPIES OF THIS ORDER HAVE BEEN DELIVERED TO: Andrew D. Muhlbach [e-mail] Archis A. Parasharami [e-mail] Heather A. Moser [e-mail] Jamie A. Levitt [e-mail] Joseph Russello [e-mail] Kathleen T. Sooy [e-mail] Kevin Ranlett [e-mail] Lynn E. Parseghian [e-mail] Mark S. Reich [e-mail] Penelope A. Preovolos [e-mail] Steven David Greenblatt [e-mail] Dated: September 30, 2009 Richard W. Wieking, Clerk By: /s/ JW Chambers Elizabeth Garcia Courtroom Deputy

United States District Court

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For the Northern District of California

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