Sanbrook v. Office Depot, Inc. et al

Filing 121

ORDER regarding 46 MOTION to Certify Class filed by Mary Sanbrook. Signed by Judge Whyte on 03/06/09. (rmwlc2, COURT STAFF) (Filed on 3/6/2009)

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ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION JAS --No. C-07-05938 RMW

E-FILED on

03/06/09

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MARY SANBROOK on behalf of herself and others similarly situated, Plaintiff, v. OFFICE DEPOT, INC., Defendant.

No. C-07-05938 RMW ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION [Re Docket No. 46, 88]

Plaintiff Mary Sanbrook ("Sanbrook") brings this suit against Office Depot, Inc. ("Office Depot") for breach of contract, fraud, and violation of the Song-Beverly Act. Sanbrook alleges that she purchased the Performance Protection Plan ("PPP") service contract with her personal computer based on Office Depot's inaccurate brochure and that Office Depot later failed to fulfill its obligations under the PPP. Sanbrook now seeks class certification on her breach of contract and Song-Beverly Act claims. After class-certification briefing was complete, the court continued the hearing and requested that Office Depot file a sur-reply responding to new matter in Sanbrook's reply memorandum.

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The court has reviewed the moving papers and considered the arguments of counsel, and is considering certification of the following classes: Song-Beverly Class: All persons who purchased the PPP from Office Depot in California after October 12, 2004 and to whom the terms of the PPP were not made available for inspection prior to purchase. Contract Class: All persons who purchased a PPP during the period from September 1, 2004 through August 31, 2006 and submitted a request for service under the plan. The court requests comment from the parties regarding 1) whether the Song-Beverly class above satisfies Rule 23(b)(3)'s requirement that common questions of law and fact predominate; and 2) whether Sanbrook's claim is typical of those in the above Contract class. If they wish, the parties may also address other concerns they might have with the above class definitions. Both parties shall file their comments in letter form, not to exceed five pages of double-spaced argument text, by 5:00 p.m. on Wednesday, March 18, 2009.

DATED:

03/06/09

RONALD M. WHYTE United States District Judge

ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION JAS 2

--No. C-07-05938 RMW

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Notice of this document has been electronically sent to: Counsel for Plaintiff: Scott Richard Kaufman Barbara Quinn Smith Marnie Cherie Lambert Thomas K. Caldwell Counsel for Defendants: David Michael Walsh Robin Jonathan Samuel Julie Shepard Laura Michelle Wilson [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail] [e-mail]

Counsel are responsible for distributing copies of this document to co-counsel that have not registered for e-filing under the court's CM/ECF program.

Dated:

03/06/09

JAS Chambers of Judge Whyte

ORDER REGARDING PLAINTIFFS' MOTION FOR CLASS CERTIFICATION JAS 3

--No. C-07-05938 RMW