Pistacchio

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JOHN PISTACCHIO, Case No. 4:20-cv-07034-YGR

Plaintiff, ORDER GRANTING MOTION TO DISMISS

v.

APPLE INC., Re: Dkt. No. 40 Defendant.

On December 17, 2020, defendant Apple Inc. filed a motion to dismiss plaintiff John Pistacchio’s class action complaint pursuant to Fed. R. Civ. P. 12(b)(6), and a supporting request for judicial notice for the Apple App Store Review Guidelines (the “Guidelines”). The Court held a regularly scheduled hearing on March 9, 2021 by the Zoom platform. Having fully reviewed and considered all papers and arguments, and for the reasons stated both on the record, and set forth below, the Court hereby GRANTS Apple’s request for judicial notice and GRANTS Apple’s motion to dismiss.1 Request for Judicial Notice. The Court GRANTS the request to take judicial notice through the incorporation-by-reference doctrine of Exhibit A to the Declaration of Meredith R. Dearborn (Dkt. No. 42), which is a true…