Backhaut
Backhaut v. Apple Inc.
Opinion
Lead Opinion
Koh, J.
ORDER GRANTING MOTION FOR SUMMARY JUDGMENT
Re: Dkt. No.
Plaintiffs Adam Backhaut and Kenneth Morris (collectively, “Plaintiffs”) bring this putative class action on behalf of themselves and others similarly situated against Defendant Apple, Inc. (“Defendant”) for violations of the Wiretap Act, 18 U.S.C. § 2510 and California’s Unfair Competition Law, Cal. Bus. & Prof. Code § 17200 . First Am. Compl. (“FAC”), ECF. No. 29. The gravamen of Plaintiffs’ FAC is that Apple wrongfully intercepts, stores, and otherwise prevents former Apple device users from receiving text messages sent to them from current Apple device users. Before the Court is Defendant’s motion for summary judgment.. (“Mot.”), ECF No, 86. The Court finds this matter appropriate for determination without oral argument and VACATES the hearing and the Case Management Conference set for December 3, 2015. See Civil L.R. 7-l(b). Having considered the submissions of the parties, the relevant law, and the record in this case, *846 the Court hereby GRANTS Defendant’s motion for summary judgment.
I. BACKGROUND
A. Facts
Defendant Apple, Inc., a California corporation headquartered in Cupertino, California is the “designer…