Apple iPod class action trial to continue temporarily without a plaintiff
Apple's iPod class action lawsuit will be allowed to continue without a plaintiff, reports the Associated Press. The suit took an unusual turn this week when all existing plaintiffs were disqualified for not owning an iPod covered by the suit.
The last remaining plaintiff, Marianna Rosen, was dismissed on Monday with a firm scolding from Judge for not providing adequate information about her iPod purchases. With no remaining plaintiffs, Apple filed a motion for the dismissal of the suit, but that request was denied by presiding U.S. District Judge Yvonne Gonzalez Rogers.
Saying she "has an obligation to millions of absent class members," Judge Rogers decided to allow the case to proceed temporarily without a plaintiff. Attorneys suing Apple have until Tuesday to find a new lead plaintiff who purchased an eligible iPod and was negatively impacted as alleged in the case.
More than 8 million consumers purchased iPods during the 19-month period listed in the complaint so there is no shortage of potential replacements. Attorneys for the class action group claim they already have heard from several volunteers willing and ready to step in as the new lead plaintiff. For its part, Apple confirms it intends to investigate thoroughly the qualification status of any new plaintiff in the case.
