Meyer v. Bebe Stores, Inc.

Filing 100

ORDER REQUIRING SUPPLEMENTAL BRIEFING ON PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re 84 MOTION to Certify Class filed by Samantha Rodriguez, Melita Meyer. Signed by Judge Yvonne Gonzalez Rogers on 6/22/16. (fs, COURT STAFF) (Filed on 6/22/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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MELITA MEYER,

Case No. 14-cv-00267-YGR

Plaintiff,
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v.

ORDER REQUIRING SUPPLEMENTAL
BRIEFING ON PLAINTIFFS’ MOTION FOR
CLASS CERTIFICATION

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BEBE STORES, INC.,

Re: Dkt. No. 84

Defendant.
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On April 26, 2016, this Court heard oral argument on plaintiffs’ motion for class

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United States District Court
Northern District of California

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certification and took the matter under submission. On May 16, 2016, the U.S. Supreme Court

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issued its opinion in Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016). The Court’s review of Spokeo

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indicates that there may be significant jurisdictional issues in this matter that should be resolved

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prior to resolution of the class certification motion. The Court therefore ORDERS the parties to

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provide supplemental briefs as to whether plaintiffs have alleged injury-in-fact sufficiently to

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confer Article III standing in this case in light of Spokeo. In addition, the parties are directed to

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address these additional issues on the class certification motion:

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1. Whether membership in Club Bebe establishes consent, either as to the Main Class
or the post-October 2013 sub-class?
2. The status of any discovery on the question of records from Air2Web (or other
sources) that would establish class membership.

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Each shall file a supplemental brief not to exceed ten (10) pages by July 8, 2016.

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IT IS SO ORDERED.

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Dated: June 22, 2016
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YVONNE GONZALEZ ROGERS
UNITED STATES DISTRICT COURT JUDGE