Barrett
Barrett v. Apple Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION 7 CARL BARRETT, et al., Case No. 5:20-cv-04812-EJD Plaintiffs, ORDER DENYING ADMINISTRATIVE v. MOTION TO STAY DISCOVERY PENDING RESOLUTION OF APPLE’S APPLE INC., et al., MOTION TO DISMISS 11 Defendants. Re: Dkt. No. 36
This case arises out of a criminal scheme in which scammers have found a way of tricking victims into paying them large sums of money via iTunes gift cards. Plaintiffs brought this case on behalf of a proposed class of all victims of this scam against Defendants Apple Inc. and Apple Value Services, LLC (collectively “Apple”), seeking to hold Apple responsible for its alleged role in failing to prevent the scam. On October 8, 2020, Apple filed a motion to dismiss the case for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Plaintiffs have not yet responded to that 20 …