Davidson

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8 UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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12 THOMAS DAVIDSON, et al., Case No. 16-CV-04942-LHK

13 Plaintiffs,

ORDER DENYING DEFENDANT’S

MOTION TO DENY CLASS

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CERTIFICATION

15 APPLE, INC., Re: Dkt. No. 409 16 Defendant. 17 18 Plaintiffs bring this putative class action against Defendant Apple, Inc. based on 19 Defendant’s alleged failure to disclose an alleged defect in the iPhone 6 and the iPhone 6 Plus. 20 Before the Court is Defendant’s motion to deny class certification. ECF No. 409. Having 21 considered the submissions of the parties, the relevant law, and the record in this case, the Court 22 DENIES Defendant’s motion to deny class certification. 23 I. BACKGROUND 24 A. Factual Background 25 Defendant is the designer, manufacturer, marketer, and seller of the iPhone smartphone. 26 ECF No. 172 ¶ 25 (Fourth Amended Class Action Complaint, or “FACC”). The iPhone utilizes a 27 touchscreen for users to interact with the device, and use of the touchscreen is required to…