Legal 101: In A Class Action, First Find A Plaintiff
Rather because the plaintiffs in the action don't appear to have bought iPods covered by the action. So they can't really be plaintiffs.
No plaintiff, no lawsuit, everyone goes home.
No doubt the legal team behind this will go out and find new plaintiffs and re-present the claim, because if we've discovered one thing, it's that US class-action lawsuits always end very well for the lawyers concerned, and different degrees of badly for everyone else.
Its just a shame that Apple won't be able to claim its costs from the lawyers who did such a poor job of putting together the whole suit.