They bring this suit on behalf of themselves and putative nationwide and state classes alleging violations of various state consumer protection statutes, breach of express and implied warranty, common law fraud, negligence, as well as violation of the Magnuson-Moss Warranty Act ('MMWA'), seeking damages and equitable relief including an injunction. Plaintiffs Deonn Morgan, Lydia Zepeda, Sophia Ivy, Kelly Okorocha, Jennifer Zielinksi, Christopher Bizzelle, and Dana Rodenbeck allege that defendant Apple Inc.'s ('Apple') Powerbeats 2 and 3 headphones malfunction and fail to hold a charge when used while sweating and exercising. RICHARD SEEBORG United States District Judge ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS INTRODUCTION
