Opperman
Opperman v. Path, Inc.
Opinion
Lead Opinion
Tigar, J.
ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS
Re: ECF Nos. 493, 495, 496, 497, 498, 499, 500, 501, 503
THIS ORDER RELATES TO ALL CASES
Before the Court are nine motions to dismiss Plaintiffs’ Second Consolidated Amended Complaint (“SCAC”) filed by Defendants Twitter, Inc.; Foodspotting, Inc. and Yelp! Inc.; Foursquare Labs, Inc.; Chillingo Ltd., Electronic Arts Inc., Rovio Mobile Oy, and ZeptoLab UK Limited; Gowalla Incorporated; Instagram, LLC; Kik Interactive, Inc.; Apple Inc.; and Path, Inc. ECF Nos. 493, 495, 497, 498, 499, 500, 501, 503. For the reasons set forth below, the Court will grant the Motions in part and deny them in part.
I. BACKGROUND
A. Factual History
This is a putative class action challenging conduct by Apple and various developers of applications for Apple devices (“App Defendants”). SCAC, ECF No. 478, ¶ 1. Plaintiffs allege that, during the class period (July 10, 2008 through February 2012), they owned one or more of the three Apple products at issue here — -the iPhone, iPad, and/or iPod touch (collectively, “iDevices”). Id., ¶2. Plaintiffs allege that Apple engaged in a mass marketing campaign, whereby it “consciously and…