iPod Lawsuit Loses Last Plaintiff as Judge Discusses Halt Amid Search for Replacements

ipod_classic_roundupU.S. District Judge Yvonne Gonzalez Rogers, presiding over Apple's iPod/iTunes lawsuit that began last week, has disqualified the last plaintiff in the case and judged that the trial will continue while lawyers scramble to find a replacement, reports Associated Press.

That last plaintiff, Marianna Rosen, was disqualified by Judge Rogers after Apple successfully proved that the devices Rosen bought were either not from the timeframe covered by the lawsuit or were purchased using a credit card issued to her husband's business.

With all plaintiffs now removed from the case, Apple has attempted to have the case dismissed, claiming it is too late to name a new plaintiff. The original plaintiff's attorneys were given a deadline of today to name a new lead plaintiff, but The Wall Street Journal's Jeff Elder reports the judge is conferring with attorneys for both sides this morning to discuss a possible two-day delay in the trial while the situation is addressed.

According to the AP's account of the proceedings that saw the case lose its last plaintiff, Judge Rogers "scolded" Rosen and her attorneys and called Rosen's purchases "inadequate," showing impatience at having spent a week sifting through irrelevant testimony.

"I am troubled," the judge said, citing Rosen's failure to adequately account for her iPod purchases and "the failure of plaintiffs' counsel themselves to investigate sufficiently." But the judge said she has an obligation to the "millions of absent class members" to let the case continue if another lead plaintiff can be identified.

Two other plaintiffs withdrew from the case when their purchased iPods also inadequately aligned with the devices included in the lawsuit. The plaintiffs' attorney Bonny Sweeney claims many more possible plaintiffs are lining up after reading about the story making headlines last week, telling Judge Rogers that "there are plaintiffs who stand willing and ready to step in and we will have them in court tomorrow." Apple's lawyers will be given the names of the possible volunteers and judge whether or not they are eligible.

The case has been making waves since it began last week, with several Apple executives voicing their positions on the issue, a video deposition of the late Steve Jobs being shown in court last Friday, and today's news that major media outlets are seeking to broadcast Jobs' deposition to the public.

Popular Stories

Apple Shopping Event 2025

Apple Announces 2025 Black Friday Event, Here's What You Can Get

Thursday November 20, 2025 6:28 am PST by
Apple's annual four-day Black Friday through Cyber Monday shopping event is returning on Friday, November 28 through Monday, December 1 in many countries, including the United States, Canada, Australia, New Zealand, France, Germany, Italy, Spain, the United Kingdom, Belgium, the Netherlands, Sweden, Thailand, and others. During the shopping event, customers can get an Apple gift card with...
iOS 26

Everything New in iOS 26.2 Beta 3

Monday November 17, 2025 3:20 pm PST by
Apple provided developers with the third beta of an upcoming iOS 26.2 update, and there are still new features that are being added with each beta that we get. We've rounded up all of the changes that Apple made in beta 3. AirDrop Apple added new AirDrop functionality, providing a way for two people to share files temporarily without having to add one another as contacts. iOS 26.2...
applecare apple care banner

Apple Brings New AppleCare+ Options to India

Tuesday November 18, 2025 8:42 am PST by
Apple today announced an expansion of AppleCare+ coverage in India, with new options for monthly and annual plans, and the addition of Theft and Loss for iPhone for the first time. Options for monthly and annual AppleCare+ plans in India provide more choice and flexibility, allowing users to keep coverage for as long as they require. Apple's vice president of Worldwide iPhone Product...
iPhone 17 Pro Cosmic Orange

10 Reasons to Wait for Next Year's iPhone 18 Pro

Wednesday November 19, 2025 4:00 am PST by
Apple's iPhone development roadmap runs several years into the future and the company is continually working with suppliers on several successive iPhone models at the same time, which is why we often get rumored features months ahead of launch. The iPhone 18 series is no different, and we already have a good idea of what to expect for the iPhone 18 Pro and iPhone 18 Pro Max. One thing worth...
Apple Wallet ID Illinois

iPhone Driver's License Feature Launching in Illinois

Tuesday November 18, 2025 8:47 am PST by
In select U.S. states, residents can add their driver's license or state ID to the Wallet app on the iPhone and Apple Watch, providing a convenient and contactless way to display proof of identity or age at select airports and businesses, and in select apps. Starting this Wednesday, November 19, the feature will be available to residents of Illinois. The announcement confirmed that the...
ipad mini 7 feature red and blue

iPad Mini 8: Four Major New Features to Expect

Wednesday November 19, 2025 7:50 am PST by
Apple's eighth-generation iPad mini is highly likely to arrive next year, offering a significant refresh of the device with at least four major new features. OLED Display The next-generation version of the iPad mini could feature an OLED display, as part of Apple's plan to expand the display technology across many more of its devices. Apple's first OLED device was the Apple Watch in 2015, ...
iPhone 17 Pro and Air N1 Feature

iPhone 17 vs. iPhone 16 Wi-Fi Speeds: New Study Reveals the Winner

Tuesday November 18, 2025 10:53 am PST by
A new study has revealed that the iPhone 17, iPhone 17 Pro, iPhone 17 Pro Max, and iPhone Air achieve significantly faster average Wi-Fi speeds compared to the iPhone 16 series, thanks to Apple's custom-designed N1 chip. The study was conducted by Ookla, the company behind the popular Speedtest website and app. It said the results are based on global, crowdsourced Speedtest user data...
macbook black friday

The Best Early Black Friday Mac Deals

Tuesday November 18, 2025 7:32 am PST by
We're getting closer to Black Friday, which lands next week on Friday, November 28. In the lead-up to the shopping holiday, we're tracking a few lowest-ever prices on Apple's most popular Macs, including the M4 MacBook Air and brand new M5 MacBook Pro. Note: MacRumors is an affiliate partner with some of these vendors. When you click a link and make a purchase, we may receive a small payment,...
best early black friday deals

Best Black Friday Apple Deals Live Now - Save on AirPods, iPads, and Apple Watches

Saturday November 15, 2025 1:45 pm PST by
We're officially in the month of Black Friday, which will take place on Friday, November 28 in 2025. As always, this will be the best time of the year to shop for great deals, including popular Apple products like AirPods, iPad, Apple Watch, and more. In this article, the majority of the discounts will be found on Amazon. Note: MacRumors is an affiliate partner with some of these vendors. When ...
Magic Keyboard Touch ID Feature

Apple Releases New Firmware for 140W USB-C Power Adapter, Magic Keyboard and Magic Trackpad

Tuesday November 18, 2025 1:05 pm PST by
Apple today released updated firmware for several accessories, including the 140W USB-C Power Adapter, the Magic Trackpad 2, the Magic Trackpad USB-C, the Magic Keyboard with Touch ID, and the Magic Keyboard with Touch ID and Numeric Keypad. There is no word on what's included in the updated firmware at this time, but it could offer performance improvements and security updates. Accessory...

Top Rated Comments

jcmeyer5 Avatar
143 months ago
Seems to me that the lawyers are the ones pushing this case... not consumers. Blood sucking leeches!
Score: 29 Votes (Like | Disagree)
jayducharme Avatar
143 months ago
I wonder if there's something else going on here. I mean, for both of the plaintiffs to NOT have even owned an iPod -- that's pretty egregious. How could they (or their lawyers) even remotely think the lawsuit would succeed?
Score: 19 Votes (Like | Disagree)
A MacBook lover Avatar
143 months ago
Shun me as a fanboy, Apple really is a company that tries to do the right thing, and succeeds most of the time.
Score: 16 Votes (Like | Disagree)
jdag Avatar
143 months ago
Just because a lead plaintiff cannot be found it does not mean that Apple isn't guilty of what is being charged

Agreed, this doesn't proove anything either way.

However, this feels like a lawsuit that some lawyers are trying to fabricate. The lawyers are having to actually search for people that may or may not have been harmed.

I'll find a hole to twist my ankle in if I walk enough unpaved paths.
Score: 12 Votes (Like | Disagree)
MacLawyer Avatar
143 months ago
Just because a lead plaintiff cannot be found it does not mean that Apple isn't guilty of what is being charged

True, but is it fair to add a plaintiff after trial has started? Apple won't have a chance to depose this new person. What if his/her iPod doesn't qualify either?
Score: 6 Votes (Like | Disagree)
cariacou Avatar
143 months ago
they should make a movie out of this instead
Score: 6 Votes (Like | Disagree)