4th Judge Recuses Himself From iCloud+ Fraud Class Action vs. Apple

U.S. District Judge Charles Breyer for Northern California in San Jose is the fourth judge since late-August to recuse himself from plaintiff Lisa Bodenburg’s fraud class action that alleges Apple delivers iCloud+ subscribers 5 GB less monthly cloud-storage capacity than they purchase (see 2308270001), said his order of recusal Thursday (docket 3:23-cv-04409). All pending dates of motions, pretrial conferences and trial, including a case management conference planned for Dec. 15, “are hereby vacated and will be reset by the newly assigned judge,” said the order. Breyer was reassigned the case Aug. 30, a day after three judges recused themselves in a single day (see 2308300013). Bodenburg's class action alleges breach of contract against Apple, plus violations of several statutes, including California's Consumer Legal Remedies Act and its Unfair Competition Law. Apple moved to dismiss the case Oct. 20, asserting that Bodenburg’s complaint is based on “an implausible and strained misinterpretation” of Apple’s “unambiguous and accurate” public iCloud+ disclosures (see 2310230011).