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`UNITED STATES DISTRICT COURT
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`NORTHERN DISTRICT OF CALIFORNIA
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`Case No. 12-cv-05404-YGR
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`ORDER DENYING MOTION TO DISMISS;
`SETTING BRIEFING SCHEDULE FOR
`SUMMARY JUDGMENT
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`ZACK WARD, ET AL.,
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`Plaintiffs,
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`v.
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`APPLE INC.,
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`Defendant.
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`Re: Dkt. No. 57
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`On September 15, 2015, defendant moved to dismiss pursuant to Federal Rule of Civil
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`Procedure 12(b)(6). (Dkt. No. 57.) Oral argument on the opposed motion was heard on December
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`14, 2015. The Court finds that defendant’s argument relies on an accompanying request for
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`judicial notice (Dkt. No. 58) of certain evidence that is not appropriate for consideration on a
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`motion to dismiss for failure to state a claim. As the motion is inextricably linked to the overbroad
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`request for judicial notice, the motion is DENIED.
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`However, the Court will entertain a narrow motion for summary judgment by defendant
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`solely on the issue of whether the complaint alleges a relevant market. The motion shall be filed
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`no later than February 2, 2016, on a standard 35-day schedule. While the pre-filing conference
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`requirement is waived, the parties must otherwise follow the Court’s Standing Order in Civil
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`Cases, including by submitting separate statements of material facts. In furtherance of addressing
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`the merits of the anticipated motion, plaintiffs shall each submit to defendant by no later than
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`January 8, 2016, declarations describing in detail the circumstances surrounding their purchases
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`of the iPhones and AT&T service plans in question, including whether the devices were acquired
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`separately from, and prior to, the service plans.
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`This Order terminates Docket Number 57.
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`IT IS SO ORDERED.
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`Dated: December 15, 2015
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`______________________________________
`YVONNE GONZALEZ ROGERS
`UNITED STATES DISTRICT COURT JUDGE
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`Northern District of California
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`United States District Court
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