Gregory Ingalls et al v. Spotify USA Inc.
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
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF CALIFORNIA
For the Northern District of California
United States District Court
GREGORY INGALLS and TONY HONG,
individually and on behalf of all others
No. C 16-03533 WHA
ORDER DENYING MOTION
FOR LEAVE TO SEEK
SPOTIFY USA, INC., a Delaware
corporation, and DOES 1–10, inclusive,
On August 2, following denial of his motion for class certification, plaintiff Gregory
Ingalls moved for leave to certify a newly-defined class, which would only address only one
alleged Automatic Renewal Law violation, and would consist only of individuals who cancelled
Spotify Premium and did not listen to it during the post-cancellation remainder of their paid term
(Dkt. No. 103 at 1).
The parties have already gone through lengthy Rule 23 motion practice and discovery,
and certification was denied. The newly-proposed class is too removed from the class the parties
have sought to certify thus far. Ingalls motion for leave to seek certification of a newly-defined
class is DENIED.
IT IS SO ORDERED.
Dated: August 7, 2017.
UNITED STATES DISTRICT JUDGE
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