In Re Clorox Consumer Litigation
Filing
126
ORDER requesting additional briefing.Signed by Judge Samuel Conti on July 3, 2014. (sclc1, COURT STAFF) (Filed on 7/3/2014)
1
2
3
4
5
IN THE UNITED STATES DISTRICT COURT
6
FOR THE NORTHERN DISTRICT OF CALIFORNIA
7
8
United States District Court
For the Northern District of California
9
IN RE CLOROX CONSUMER
LITIGATION
10
11
This Document Relates To:
12
ALL ACTIONS
13
14
) Master File No. 12-00280 SC
)
) ORDER REQUESTING SUPPLEMENTAL
) BRIEIFING
)
)
)
)
)
)
)
)
)
15
16
Now before the Court is Plaintiffs' motion to certify five
17
plaintiff sub-classes.
18
defined by the state in which its members purchased Clorox Fresh
19
Step cat litter -- either California, Texas, New York, Florida, or
20
New Jersey.
21
Step's effectiveness relative to other cat litter brands, thereby
22
inducing Plaintiffs to purchase Fresh Step at a higher price.
23
their initial complaint, Plaintiffs brought claims under California
24
law only.
25
complaint twice.
26
state Plaintiffs' contention that all five sub-classes should be
27
certified under California law.
28
("TAC") ¶ 74.
ECF No. 99 ("Mot.").
Each sub-class is
Plaintiffs allege that Clorox misrepresented Fresh
ECF No. 1.
In
Plaintiffs have since amended their
Both the second and third amended complaints
ECF Nos. 29 ("SAC") ¶ 68; 93
In the event that the Court were to conclude that
1
California law does not apply to all five sub-classes, the second
2
and third amended complaints include alternative claims under the
3
laws of Florida, Texas, New York, and New Jersey.
4
TAC ¶¶ 102-62.
5
Court were to find that California law does not apply to all
6
claims, the sub-classes should be certified under the laws of their
7
respective states.
8
9
SAC ¶¶ 96-156;
Both amended complaints also argue in that, if the
SAC ¶ 69; TAC ¶ 75.
Plaintiffs' motion to certify refers only to the sub-classes.
It requests certification for each sub-class under the law of its
United States District Court
For the Northern District of California
10
respective state.
11
complaint, which reasserts Plaintiffs' argument that all claims
12
should be governed by California law, was filed after the motion to
13
certify was submitted under seal.
14
in their reply that they are entitled to a presumption that every
15
member of the proposed classes relied on Clorox's alleged
16
misrepresentations.
17
grounded in California law.
18
There is no discussion of whether or why such a presumption should
19
apply to the sub-classes from other states if California law does
20
not apply.
21
Mot. at 1, 7-14.
However, the third amended
Additionally, Plaintiffs argue
That presumption, according to Plaintiffs, is
ECF No. 115-4 ("Reply") at 9-10.
The Court hereby requests additional briefing on these issues.
22
Plaintiffs shall file a single supplemental brief on this matter,
23
not to exceed ten (10) pages, no later than fourteen (14) days
24
after the signature date of this Order, that
25
(1) specifies whether or not Plaintiffs contend that
26
California law governs the claims of members of all five
27
proposed sub-classes;
28
(2) explains the legal basis for that position; and
2
1
(3) discusses application of the class-wide presumption of
2
reliance under the laws of New York, New Jersey, Texas, and
3
Florida (either primarily if Plaintiffs seek certification
4
under the law of each state or in the alternative if they seek
5
certification under California law).
6
Clorox may file a single supplemental brief, also not to exceed ten
7
(10) pages, no later than fourteen (14) days after Plaintiffs'
8
supplemental brief is filed.
9
United States District Court
For the Northern District of California
10
IT IS SO ORDERED.
11
12
13
Dated:
July 3, 2014
UNITED STATES DISTRICT JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
3
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?