Sanders
Sanders v. Apple Inc.
Opinion
Opinion
Fogel, J.
ORDER GRANTING MOTION TO DISMISS AND TO STRIKE WITH LEAVE TO AMEND
Plaintiffs Chandra Sanders (“Sanders”), Keith Yonai (‘Yonai”), and Bonnier Corporation (“Bonnier”) (collectively, “Plaintiffs”) bring this putative class action on behalf of themselves and all persons who purchased a 2007 twenty-inch Aluminum iMac desktop computer designed, manufactured, and sold by Defendant Apple Inc. (“Apple”). Apple moves to dismiss the complaint pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6) and to strike all of the purported class claims. The Court has considered the briefing submitted by the parties as well as the oral arguments of counsel presented at the hearing on November 14, 2008. For the reasons set forth below, the motion will be granted, with leave to amend.
I. BACKGROUND
Apple is a leading manufacturer of personal computers and consumer electronics. One of Apple’s most successful products is a personal desktop computer known as the iMac. Since its introduction in 1998, the iMac has undergone numerous revisions and updates. The most recent version of the iMac (“Aluminum iMac”) was released in August 2007. Aluminum iMacs are available with a twenty-inch…