Judge Denies as Moot Apple’s Motion to Dismiss iCloud+ Fraud Class Action

U.S. District Judge Trina Thompson for Northern California in San Francisco denied as moot Apple’s Oct. 20 motion to dismiss plaintiff Lisa Bodenburg’s iCloud+ fraud class action, said her order, signed Monday and posted Tuesday (docket 3:23-cv-04409). Instead of opposing Apple’s motion, Bodenburg filed an amended complaint Nov. 9, and the consolidated amended complaint “replaces the original complaint as the operative complaint in this action,” said the judge’s order. The denial is without prejudice, and it doesn’t preclude Apple “from refiling a renewed motion to dismiss” that addresses Bodenburg’s amended complaint, it said. Bodenburg alleges that Apple delivers iCloud+ subscribers 5 GB less monthly cloud-storage capacity than they pay for (see 2308270001). Due to multiple recusals, Thompson is the fifth judge assigned to the case since Bodenburg filed her original complaint Aug. 25 (see 2310310040).