Apple trial continues, without a plaintiff for now

Seattle PI ^ | December 8, 2014 Updated 5:31 pm, Monday, | By BRANDON BAILEY

[Vendome]

Whoa....WTF.

No plaintiff, no genesis, no discovery, no path to a verdict.

KuhRayZee

[Vendome]

Liar!!!

[Swordmaker]

Thanks for replying. It is an Ipod Classic 120 gb. It is charging right now so I will try again after it charges. I also still have my old hard drives and have access to all that was on it synced with them and the original content is on them.

You're welcome, Abby.

[WhiskeyX]

“trial without a plantiff... how is that possible...”

It’s a class action lawsuit...so there is a pool of plaintiffs in the class from which one or more lead plaintiffs may be qualified and selected.

[Swordmaker]

If I spend a lot of time and effort on a post, I always copy it for myself, usually in an email to myself, before posting.

I also usually copy such a post as well. SeattleIP would not allow copying or editing, attempting to do so locked the screen for up to 20 seconds or so, so I could not even copy or send it to my self. They had locked out screen copy as well, so that was out. Cutting and pasting was also not allowed. I was going to copy myself what I had written when they erased it when I was attempting to log-in to post it.

They had me "log-in" using my Facebook account, so they knew it was me, but that was apparently insufficient for them to allow me post. . . and when I went to create an account for posting, everything I had written in response to their article was gone when i returned to finish posting it. They already had everything they asked me for in their registration from my Facebook information. . . there was not a single thing different. . . just a typical Windows type hoop to jump through.

BAH! The bad programing does not make me ever want to post there again.

[Dr. Bogus Pachysandra]

ARRRRGH! I feel your pain! Some sites are extremely frustrating!

[Swordmaker]

That is incorrect. The issue is whether or not these particular attorneys can bring forth a qualified lead plaintiff from among a large pool of potentially qualified class member4s who are co-plaintiffs by default due to their ownership of an affected product. In other words, the judge is allowing the plaintiff attorneys to cure in a timely fashion their initial failure to vet a qualified lead plaintiff from among a group of consumers to the court’s satisfaction who purchased a product that does qualify them as a lead plaintiff.

Are you an attorney. or did you just stay in a Holiday Inn last night? Because a lot of law professors seem to disagree with you. This is not an opt in case, where plaintiffs chose to be plaintiffs to sue the defendant. It is a case where they had to take action to OPT OUT if they did not want to participate because they did not feel injured, or wanted to sue on their own.

At the moment, there is no specific plaintiff for the attorneys to represent, or to receive direction from, and in no other such case has this ever happened before. This is unknown country in the law. The judge is setting a new precedent here which she has no business doing. Her proper course on disqualifying the last plaintiff was to end it lacking a plaintiff. The defense is going to be a distinct disadvantage being handed all new plaintiffs. All of the preparation for this case was done using specific lead plaintiffs. . . not all those amorphous plaintiffs in the cloud out there, the ones making the specific complaints, the ones who were deposed about their grievous economic injuries, and who answered questions under oath in discovery about the emotional distress they suffered when their favorite songs they bought for a bargain from RealNetwork were missing from their iPods after that evil Apple deleted them. HOW, pray tell, do you re-create all of that in the midst of a trial in progress?

After all, it WAS just so convenient and coincidental that the previous plaintiffs were married to their attorneys. . . they could discuss the trial in bed every night. It makes one wonder if the attorneys did not attend that weekend seminar: "Class Actions Law, For Fun and Profit—Keep it in the Family"

[Swordmaker]

trial without a plantiff... how is that possible...

It is a terrible precedent to set. Liberals are going to love it. A lawyer can sue on their own if this is allowed. Get a law degree, pick a defendant, and start suing.

[Swordmaker]

The fellow was a musician with his own recording studio. Obviously he knew what he was doing far better than I could follow. What you said is the way things were supposed to work. However, they didn’t for reasons I don’t recall from our casual conversation. All I can remember now at this late date is that his computer’s hard drive died on him at about the same time his Apple device malfunctioned. When he went through all of the normal procedures to put everything back to normal, the procedures did not work like they were supposed to, and Apple refused to help him, especially with respect to the files not obtained from the iTunes Store. Some of those tunes were his own compositions which had been backed up on the hard drive that failed before he recorded them to CD.

He was left with the choice of repurchasing the iTunes and losing his non-iTunes files or using a hack to reestablish access to the files on his Apple device. The hack worked, and he recovered a huge amount of files on his Apple device. he then backed them up to multiple hard drives and CDs.

You do know that none of that makes any sense at all, don't you? Something just does not sound right. Apple would certainly have assisted him in retrieving the data off of his iPod. . . I have read and seen of many times where they have done this. Hacking was also unnecessary. Merely syncing it back to a newly authorized iTunes would do it easily. I've done it for clients.

The only time I have seen Apple dig in their heels and refuse is when a person cannot prove their identity. Then they will NOT cooperate at all.

[WhiskeyX]

Sorry I can’t comment about what was the precise problem. The conversation was casual and never intended to be remembered in detail. We were talking about hard drive failures we had recently experienced, which is how the topic came up, and he expressed his frustration with Apple’s refusal to help him recover what he had paid for in the first place along with his own musical compositions.