Apple has filed for an iPod lawsuit to be dismissed after one of the remaining plaintiffs was withdrawn from the case after lawyers discovered that she had not purchased her iPod between the required dates. The class action lawsuit was brought against Apple almost a decade ago, and focuses on Apple’s practices of blocking other music providers‘ music from being loaded, and overcharging consumers for iPods between 2006 and 2009.
In order to qualify for the lawsuit, the iPod had to be purchased between September 12, 2006 and March 31, 2009. After determining one of the three iPods Marianna Rosen was submitting for purposes of the iPod lawsuit was not eligible by checking the serial number on the device, Apple further discovered that the other two devices were not purchased by her, but by her husband’s law firm.
“Because Ms. Rosen [made] no purchase of any allegedly affected iPod in the class period, she has suffered no damages and thus lacks standing under Article III of the United States Constitution,” Apple’s lawyers wrote in a court filing Friday proposing an order granting its motion to dismiss.
A second plaintiff also withdrew from the iPod lawsuit on Friday as the iPod she owned wasn’t purchased between the required dates either. With the two withdrawals, there may not be much of a case left.
“I am concerned that I don’t have a plaintiff. That’s a problem,” Judge Yvonne Gonzalez Rogers said.
There may still be hope for the class action lawsuit, which is asking for around $350 million in damages as a Michigan man contacted the judge stating that he purchased an iPod around May 2008, which would fall into the required date range. The lawyers for the plaintiffs are expected to respond to Apple’s motion over the weekend.