Last Lead Plaintiff Out in IPod Antitrust Tussle

OAKLAND, Calif. (CN) - In a ruling late Monday, U.S. District Judge Yvonne Gonzalez Rogers dismissed lead plaintiff Marianna Rosen from the iTunes antitrust case against Apple, according to The Associated Press.

The decade-old class action centers around claims that Apple's updates to its iTunes platform kept iPod users from playing music purchased from competing music services.

Days into the trial - which began last week - attorneys for the class agreed to dismiss one of the lead plaintiffs from the case, since she did not actually purchase an iPod within the 2006 to 2009 class period. Apple then moved to dismiss Rosen for the same reason.

In a response filed over the weekend, class attorneys said Rosen had in fact bought two iPods - one for herself and one for her son - using a credit card issued to her ex-husband's law firm, where she worked at the time. Apple responded on Monday by saying the devices belonged to the law firm and not Rosen.

During Monday's proceedings, Rogers ordered Rosens' attorneys to find a new plaintiff by Tuesday, despite Apple's argument that it's too late to find a new one, the AP said.

In court this afternoon plaintiffs' attorney Bonnie Sweeney said her team has received "a number of inquiries" from class members regarding the case, and that attorneys "certainly have another plaintiff."

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