The opinion of the court was delivered by: Lucy H. Koh United States District Court Northern District of California
United States District Court Northern District of California
On July 27, 2012, Apple Inc. filed a Motion to Dismiss (1) Plaintiffs Gupta, Freeman, M. Burke, and W. Burke, and (2) Claims of Putative Geolocation Class from Plaintiffs' Second 18 Amended Consolidated Complaint. ECF. No. 76. On August 8, 2012, the Court entered a Minute 19 and Case Management Order modifying the case schedule, which provided that both Plaintiffs' 20 Opposition to the Motion to Dismiss and the deadline to amend the SACC were to be filed on or 21 before October 4, 2012. ECF. No. 88. 22
On October 4, 2012, the parties submitted to the Court a Stipulation and Proposed Order Re: Briefing Schedule for Plaintiffs' Opposition to Apple Inc.'s Motion to Dismiss and Apple's 24
Response to Plaintiffs' Third Amended Consolidated Complaint ("TACC"). ECF No. 103. 25
Specifically, the parties stipulated that Plaintiffs' Opposition to Apple's Motion to Dismiss would 26 be due on October 10, 2012, that Apple's Reply would be due on October 25, 2012, and that the 27 hearing date would remain on November 15, 2012, at 1:30 p.m. The parties also stipulated that 28 Apple's response to Plaintiffs' TACC would be due on November 2, 2012, if Apple withdrew its Motion to Dismiss. If Apple did not withdraw its Motion to Dismiss, the parties stipulated that 2 Apple's response would be due 15 days after the Court ruled on the Motion to Dismiss. 3
Plaintiffs filed a Third Amended Consolidated Class Action Complaint on October 4, 2012.
ECF. No. 104. On October 10, 2012, Apple filed its Notice of Withdrawal of Defendant Apple 5 Inc.'s Motion to Dismiss (1) Plaintiffs Gupta, Freeman, M. Burke, and W. Burke, and (2) Claims 6 of Putative Geolocation Class from Plaintiffs' Second Amended Consolidated Complaint. 7
Accordingly, the November 15, 2012, hearing and case management conference are hereby VACATED. Apple's response to Plaintiffs' TACC is due on November 2, 2012. 9 10
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