Minkler v. Apple Inc

Filing 24

MOTION to Dismiss Complaint filed by Apple Inc. Motion Hearing set for 7/18/2014 09:00 AM in Courtroom 4, 5th Floor, San Jose before Hon. Edward J. Davila. Responses due by 3/17/2014. Replies due by 3/24/2014. (Attachments: # 1 Proposed Order)(Collins, Joseph) (Filed on 3/3/2014)

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PAUL J. HALL (SBN 066084)
[e-mail]
ALEC CIERNY (SBN 275230)
[e-mail]
DLA PIPER LLP (US)
555 Mission Street, Suite 2400
San Francisco, CA 94105
Tel: [phone]
Fax: [phone]
JOSEPH COLLINS (Admitted Pro Hac Vice)
[e-mail]
DLA PIPER LLP (US)
203 North LaSalle Street, Suite 1900
Chicago, IL 60601-1293
Tel: [phone]
Fax: [phone]
Attorneys for Defendant
Apple Inc.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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NANCY ROMINE MINKLER,
Individually and on Behalf of All Others
Similarly Situated,
Plaintiffs,
v.

Defendant.

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[PROPOSED] ORDER RE: DEFENDANT
APPLE INC.’S MOTION TO DISMISS
COMPLAINT
(FEDERAL RULES OF CIVIL
PROCEDURE RULES 12(B)(6), AND 9(B))

APPLE INC.,

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CASE NO. 5:13-cv-05332-EJD

DATE:
JULY 18, 2014
TIME:
9:00 A.M.
COURTROOM: 4

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DLA P IPER LLP (US)
SA N FRA NCI S CO

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EAST\71718761.1

[PROPOSED] ORDER RE: DEFENDANT APPLE INC.’S MOTION TO DISMISS COMPLAINT
CASE NO. 5:13-CV-05332-EJD

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TO THE CLERK OF THE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS

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OF RECORD HEREIN:

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Defendant Apple Inc.’s (“Apple”) Motion to Dismiss Plaintiff’s Complaint pursuant to

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Rules 12 (b)(6) and 9(b) of the Federal Rules of Civil Procedure in the above-captioned action

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came on regularly to be heard on July 18, 2014, in the above-referenced Court. Apple was

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represented by DLA Piper, LLP (US), Joseph Collins appearing. All other appearances were as

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noted on the record.

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Upon consideration of all the written and oral argument presented by all the parties, and
good cause appearing therefor, IT IS HEREBY ORDERED that:
Apple’s Motion to Dismiss all claims in Plaintiff’s Complaint is GRANTED without
leave to amend.

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Dated: _____________, 2014.

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Honorable Edward J. Davila
United States District Judge

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DLA P IPER LLP (US)
SA N FRA NCI S CO

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EAST\71718761.1

[PROPOSED] ORDER RE: DEFENDANT APPLE INC.’S MOTION TO DISMISS COMPLAINT
CASE NO. 5:13-CV-05332-EJD