Gregory Ingalls et al v. Spotify USA Inc.
Filing
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ORDER REQUIRING RESPONSE AND SETTING EVIDENTIARY HEARING re 93 Declaration in Support filed by Spotify USA Inc. Signed by Judge Alsup on 7/20/2017. (whalc1, COURT STAFF) (Filed on 7/20/2017)
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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 REQUIRING RESPONSE
AND SETTING EVIDENTIARY
HEARING
SPOTIFY USA, INC., a Delaware
corporation, and DOES 1–10, inclusive,
Defendants.
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On July 14, an order directed Spotify to provide “the number of people who signed up for
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Spotify’s free or reduced-price trial, and were later charged for the paid service even though they
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never used it” (Dkt. No. 91). This information would aid in identifying people who were misled
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by Spotify’s disclosures, and would assist in the task of defining a class.
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On July 19, Spotify submitted a sworn declaration from James Whitehead, a technical
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lead on Spotify’s payments team, in response to a July 14 order. Whitehead’s declaration states
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that, after reviewing customer listening history, Spotify determined that named plaintiff Gregory
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Ingalls used Spotify Premium during his paid subscription, which ran between July 8 and
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October 7 of 2013. The declaration further states that during that time Ingalls streamed
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approximately 1,024 songs through his premium account, and was active on Spotify Premium on
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52 separate days of the paid subscription period (Dkt. No. 93 ¶ 4). This is directly contrary to
Ingalls’ representation that he “did not want to use [Spotify Premium] beyond the trial period,
and in fact, never did” (Dkt. No. 84 at 9, Opposition to Motion for Summary Judgment).
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Ingalls shall respond under oath to Whitehead’s July 19 declaration by MONDAY, JULY
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24 AT NOON. Specifically, Ingalls shall state whether it is true that he continued to use Spotify
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Premium during his paid subscription on 52 separate days to stream approximately 1,024 songs.
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In the event that Ingalls disputes that he used his Spotify subscription during the paid term, both
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he and Mr. Whitehead SHALL APPEAR at an evidentiary hearing on AUGUST 1 AT 8:00 A.M. in
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Courtroom 8 on the 19th Floor of 450 Golden Gate Avenue, San Francisco.
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IT IS SO ORDERED.
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For the Northern District of California
United States District Court
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Dated: July 20, 2017.
WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE
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