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)

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Case 3:16-cv-03533-WHA Document 104 Filed 08/07/17 Page 1 of 1 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 11 For the Northern District of California United States District Court 10 GREGORY INGALLS and TONY HONG, individually and on behalf of all others similarly situated, 12 13 14 15 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. / 16 17 On August 2, following denial of his motion for class certification, plaintiff Gregory 18 Ingalls moved for leave to certify a newly-defined class, which would only address only one 19 alleged Automatic Renewal Law violation, and would consist only of individuals who cancelled 20 Spotify Premium and did not listen to it during the post-cancellation remainder of their paid term 21 (Dkt. No. 103 at 1). 22 The parties have already gone through lengthy Rule 23 motion practice and discovery, 23 and certification was denied. The newly-proposed class is too removed from the class the parties 24 have sought to certify thus far. Ingalls motion for leave to seek certification of a newly-defined 25 class is DENIED. 26 27 IT IS SO ORDERED. 28 Dated: August 7, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE

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