In Re America Online, Inc. Version 5.0 Software Litigation

ORDER ON DEFENDANT’S MOTIONS TO DISMISS

GOLD, District Judge.

THIS CAUSE is before the court upon the defendant America OnLine, Inc’s (“AOL”) motions to dismiss (DE # 95. 97). There are two classifications of plaintiffs in this case: the individual consumers (“consumers”) and the Internet Service Providers (“ISPs”). Each of these plaintiff groups has filed a complaint against AOL, and these cases have been consolidated under the above-captioned case number. 1 The court has federal question and supplemental jurisdiction over both cases pursuant to 28 U.S.C. §§ 1331 and 1367. AOL has filed…