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In re Apple Inc. Device Performance Litigl, 347 F. Supp. 3d 434 (N.D. Cal. 2018)

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Case No. 18-md-02827-EJD UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION   In re Apple Inc. Device Performance Litigl   347 F. Supp. 3d 434 (N.D. Cal. 2018) Decided Oct 1, 2018     Case No. 18-md-02827-EJD 10-01-2018 IN RE: APPLE INC. DEVICE PERFORMANCE LITIGATION EDWARD J. DAVILA, United States District Judge   440 *440   ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS Re: Dkt. No. 176   EDWARD J. DAVILA, United States District Judge   This putative worldwide class action is brought by one hundred and twenty-two Plaintiffs who hale from the fifty states and several U.S. territories as well as multiple foreign countries. 1 Plaintiffs allege that, in an effort to fix battery life issues, Apple included code in updates to its mobile operating system (iOS) that significantly reduced the performance of certai