In Re Apple & AT & T Ipad Unlimited Data Plan Litigation

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS THE MASTER CONSOLIDATED COMPLAINT AND DENYING DEFENDANT’S MOTION TO STRIKE [Re Docket No. 76]

RONALD M. WHYTE, District Judge.

Defendant AT & T Mobility LLC (“ATTM”) moves to dismiss the master consolidated complaint (“MCC”). On March 25, 2011, the court held a hearing to consider defendant’s motion. Having considered the papers submitted by the parties and the arguments of counsel, and for the reasons set forth below, the court grants in part and denies in part ATTM’s motion to dismiss and denies ATTM’s motion to strike.

I.…