Affinity Credit Union v. Apple Inc.

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 AFFINITY CREDIT UNION, et al., Case No. 22-cv-04174-JSW 8 Plaintiffs, ORDER REQUIRING ADDITIONAL 9 Vv. BRIEFING ON PLAINTIFFS’ STANDING TO OBJECT TO ABSENT 10 APPLE INC., CLASS MEMBER SUBPOENAS 11 Defendant. Re: Dkt. No. 80

3 12

13 In their joint letter brief, (Dkt. No. 80), the parties do not engage meaningfully with the

14 || question of Plaintiffs’ standing to challenge the “Large Issuer” subpoenas. Parties generally lack 15 || standing to challenge subpoenas issued to third parties. Kowalski v. Tesmer, 543 U.S. 125, 130 GQ 16 || (2004). The Court has determined that additional briefing on this limited issue is necessary.

17 Each side may submit a brief of up to seven pages in length regarding whether Plaintiffs Z 18 || have standing for their challenge. The briefs shall be filed no later than August 23, 2024. No 19 || response or reply briefs will be considered without leave of Court. 20 IT IS SO ORDERED. a | 21 Dated: August 16, 2024 f i | ; f 22 i a JEERREY/S WHITH“ 23 United ye Distrigt Judge if PLS 24 25 26 27 28