In Re Apple Iphone 3g Products Liability Lit.

In Re Apple iPhone 3G Products Liability Litigation

Good Law
728 F. Supp. 2d 1065·2010 WL 3059417·2010 U.S. Dist. LEXIS 79054
United States District Court, Northern District of CaliforniaApril 2, 2010MDL C 09-02045 JWCalifornia4,676 words

Opinion

Opinion

Ware, J.

ORDER GRANTING DEFENDANT AT & T MOBILITY, LLC’S MOTION TO DISMISS MASTER CONSOLIDATED COMPLAINT; DENYING AS MOOT ALL OTHER MOTIONS

I. INTRODUCTION

Plaintiffs bring this putative class action against Apple, Inc. (“Apple”) and AT & T Mobility, LLC (“ATTM”) (collectively, “Defendants”), alleging, inter alia, violation of California Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200 , et seq., violation of California Consumer Legal Remedies Act, Cal. Civ. Code §§ 1750 , et seq., and violation of the Magnuson-Moss Warranty Act, 15 U.S.C. §§ 2301 , et seq. Plaintiffs allege that Defendants misrepresented the capabilities of the iPhone 3G on ATTM’s 3G data network while requiring Plaintiffs to pay a premium for 3G service.

Presently before the Court are (1) various motions by Defendant ATTM to compel arbitration, (2) Defendant Apple’s Motion to Dismiss the Master Administrative Consolidated Complaint, (3) Defendant Apple’s Motion for a More Definite Statement, (4) Defendant ATTM’s Motion to Strike Portions of the Master Administrative Complaint, (5) Defendant ATTM’s Motion to Dismiss the Master Administrative Consolidated Complaint, and (6) Defendant ATTM’s Motion to Dismiss…

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