Gregory Ingalls et al v. Spotify USA Inc.

Filing 104

ORDER DENYING MOTION FOR LEAVE TO SEEK CERTIFICATION OF NEWLY-DEFINED CLASS by Hon. William Alsup denying 103 Motion for Leave to File.(whalc1, COURT STAFF) (Filed on 8/7/2017)

Case 3:16-cv-03533-WHA Document 104 Filed 08/07/17 Page 1 of 1

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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For the Northern District of California

United States District Court

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GREGORY INGALLS and TONY HONG,
individually and on behalf of all others
similarly situated,

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No. C 16-03533 WHA

Plaintiffs,
v.
ORDER DENYING MOTION
FOR LEAVE TO SEEK
CERTIFICATION OF
NEWLY-DEFINED CLASS

SPOTIFY USA, INC., a Delaware
corporation, and DOES 1–10, inclusive,
Defendants.
/

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On August 2, following denial of his motion for class certification, plaintiff Gregory

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Ingalls moved for leave to certify a newly-defined class, which would only address only one

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alleged Automatic Renewal Law violation, and would consist only of individuals who cancelled

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Spotify Premium and did not listen to it during the post-cancellation remainder of their paid term

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(Dkt. No. 103 at 1).

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The parties have already gone through lengthy Rule 23 motion practice and discovery,

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and certification was denied. The newly-proposed class is too removed from the class the parties

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have sought to certify thus far. Ingalls motion for leave to seek certification of a newly-defined

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class is DENIED.

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IT IS SO ORDERED.

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Dated: August 7, 2017.

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE