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IN RE IPHONE APPLICATION LITIG. Order on Motion to Dismiss

IN RE IPHONE APPLICATION LITIG. Order on Motion to Dismiss

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Published by Eric Goldman

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Published by: Eric Goldman on Jun 16, 2012
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07/06/2013

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For the reasons stated above, the Court DENIES Defendants’ motions to dismiss pursuant

to Rule 12(b)(1). However, the Court GRANTS the Mobile Industry Defendants’ motion to

dismiss pursuant to Rule 12(b)(6) in its entirety, without leave to amend. The Court GRANTS in

part, and DENIES in part, Apple’s motion to dismiss pursuant to Rule 12(b)(6). Specifically,

Plaintiffs’ claims against Apple for violations of the Stored Communications Act, violations of the

Wiretap Act, violations of the California Constitutional right to privacy, negligence, violations of

the Computer Fraud and Abuse Act, trespass, conversion, and unjust enrichment/assumpsit/

restitution are dismissed without leave to amend. The claims against Apple for violations of the

UCL and CLRA survive the motion to dismiss.

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