Gregory Ingalls et al v. Spotify USA Inc.

Filing 94

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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1 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE NORTHERN DISTRICT OF CALIFORNIA 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 16 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. / 17 18 On July 14, an order directed Spotify to provide “the number of people who signed up for 19 Spotify’s free or reduced-price trial, and were later charged for the paid service even though they 20 never used it” (Dkt. No. 91). This information would aid in identifying people who were misled 21 by Spotify’s disclosures, and would assist in the task of defining a class. 22 On July 19, Spotify submitted a sworn declaration from James Whitehead, a technical 23 lead on Spotify’s payments team, in response to a July 14 order. Whitehead’s declaration states 24 that, after reviewing customer listening history, Spotify determined that named plaintiff Gregory 25 Ingalls used Spotify Premium during his paid subscription, which ran between July 8 and 26 October 7 of 2013. The declaration further states that during that time Ingalls streamed 27 approximately 1,024 songs through his premium account, and was active on Spotify Premium on 28 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). 1 Ingalls shall respond under oath to Whitehead’s July 19 declaration by MONDAY, JULY 2 24 AT NOON. Specifically, Ingalls shall state whether it is true that he continued to use Spotify 3 Premium during his paid subscription on 52 separate days to stream approximately 1,024 songs. 4 In the event that Ingalls disputes that he used his Spotify subscription during the paid term, both 5 he and Mr. Whitehead SHALL APPEAR at an evidentiary hearing on AUGUST 1 AT 8:00 A.M. in 6 Courtroom 8 on the 19th Floor of 450 Golden Gate Avenue, San Francisco. 7 8 9 IT IS SO ORDERED. 11 For the Northern District of California United States District Court 10 Dated: July 20, 2017. WILLIAM ALSUP UNITED STATES DISTRICT JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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