Samsung to Move by July 31 for Dismissal of Galaxy S21 Ultra 5G Fraud Claims

Samsung plans to file a motion by July 31 to dismiss plaintiff Tiffany McDougall’s fraud complaint because her claims fail for a “litany” of reasons, counsel Hannah Chanoine of O’Melveny wrote U.S. District Judge Lorna Schofield for Southern New York in Manhattan in a letter Wednesday (docket 1:23-cv-00168). Schofield approved Chanoine’s proposed briefing schedule in a memo endorsement Thursday. Chanoine submitted the proposed schedule with the consent of McDougall’s attorney, said her letter. Chanoine proposed Aug. 31 as the deadline for McDougall’s opposition to the motion to dismiss, but the judge’s memo endorsement stayed her deadline to respond pending resolution of Samsung’s motion to compel arbitration McDougall's claims to arbitration (see 2304120020). McDougall alleges Samsung misrepresented the storage capacity of her Galaxy S21 Ultra 5G smartphone, but “no reasonable consumer” would interpret Samsung’s “truthful” 128-GB representations “as a promise that the device’s hard drive would not contain any OS or pre-installed software,” said Chanoine’s letter to the judge.