VAZQUEZ v. GROUPON, INC. et al

Filing 2

NOTICE of filing pleadings with the Judicial Panel on Multidistrict Litigation by ANTHONY FERREIRA and SARAH GOSLING. (Attachments: # 1 Motion to Transfer, # 2 Brief in Support of Motion to Transfer, # 3 Schedule of Actions, # 4 Jensen Declaration, # 5 Exhibit 1 to Declaration, # 6 Exhibit 2 to Declaration, # 7 Exhibit 3 to Declaration, # 8 Exhibit 4 to Declaration, # 9 Exhibit 5 to Declaration, # 10 Exhibit 6 to Declaration, # 11 Exhibit 7 to Declaration, # 12 Exhibit 8 to Declaration, # 13 Exhibit 9 to Declaration, # 14 Certificate of Service, # 15 Corrected Certificate of Service)(tnr, )

VAZQUEZ v. GROUPON, INC. et al

Doc. 2 Att. 4

BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION IN RE: GROUPON MARKETING AND SALES PRACTICES LITIGATION ) ) ) MDL No. _____________ CLASS ACTION

DECLARATION OF RACHEL L. JENSEN IN SUPPORT OF THE MOTION OF PLAINTIFFS ANTHONY FERREIRA AND SARAH GOSLING TO TRANSFER ACTIONS TO THE NORTHERN DISTRICT OF CALIFORNIA PURSUANT TO 28 U.S.C §1407 FOR CONSOLIDATED PRETRIAL PROCEEDINGS

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Dockets.Justia.com

I, RACHEL L. JENSEN, declare as follows: 1. I am an attorney duly licensed to practice before all of the courts of the State of

California. I am a member of the law firm of Robbins Geller Rudman & Dowd LLP, one of the counsel of record for plaintiffs in Ferreira v. Groupon, Inc., No. 11-CV-0132-DMS(POR), filed in the Southern District of California on January 21, 2011, and Gosling v. Groupon, Inc., No. 11-cv01038-CRB (N.D. Cal.), filed in the Northern District of California on March 4, 2011. I have personal knowledge of the matters stated herein and, if called upon, I could and would competently testify thereto. 2. Ferreira v. Groupon, Inc., No. 11-CV-0132-DMS(POR) was the first-filed of the

various federal actions against Groupon, Inc. ("Groupon"). Ferreira was filed in the Southern District of California on January 21, 2011. 3. Since the filing of the Ferreira action, at least eight other federal class actions have

been filed against Groupon, including Gosling v. Groupon, Inc., No. 11-cv-01038-CRB (N.D. Cal. filed Mar. 4, 2011). The other federal Groupon actions include: Eidenmuller v. Groupon, Inc., No. 11-cv-00984-SBA (N.D. Cal. filed Mar. 2, 2011); Vazquez v. Groupon, Inc., No. 11-cv-00495-EGS (D.D.C. filed Mar. 8, 2011); Cohen v. Groupon, Inc., No. 11-cv-80149-KLR (S.D. Fla. filed Feb. 4, 2011); Johnson v. Groupon, Inc., No. 11-cv-01426 (N.D. Ill. filed Mar. 1, 2011); Christensen v. Groupon, Inc., No. 11-cv-00501-MJD-JSM (D. Minn. filed Feb. 28, 2011); Zard v. Groupon, Inc., No. 11-cv-00605-PAM(FLN) (D. Minn. filed Mar. 8, 2011); and Kimel v. Groupon, Inc., No. 11-cv00488 (N.D. Ohio filed Mar. 9, 2011) (collectively, "Groupon Actions"). 4. The Honorable Charles R. Breyer ("Judge Breyer") of the Northern District of

California currently presides over the Gosling action. 5. The nine federal Groupon Actions all allege that Groupon marketed and sold gift

certificates, known as "groupons," bearing expiration dates that are prohibited under both federal and -1612804_1

state laws. All of the nine actions involve overlapping nationwide classes comprised of hundreds of thousands, if not millions, of consumers who purchased "groupon" gift certificates with unlawful and deceptive expiration periods. All of the complaints allege violations of the federal Credit Card Accountability Responsibility and Disclosure Act ("CARD Act") and the Electronic Funds Transfer Act ("EFTA"), 15 U.S.C. §1693 et seq., as well as comparable state consumer protection laws. 6. Based on information and belief, including the review of various news articles and

other media sources, Groupon has likely sold hundreds of thousands of "groupon" gift certificates to consumers in California, many of whom reside in the Northern District. Based on information and belief, Groupon has generated millions of dollars in revenues from the sale of gift certificates in the Northern District. 7. Based on information and belief, Groupon recently established its California

headquarters in Palo Alto. 8. In the Ferreira action, Groupon has retained the law firm of DLA Piper, which has My other

offices throughout California, including in the Northern District of California. understanding is that the lead counsel for Groupon is based in California. 9.

Attorneys for plaintiffs in Eidenmuller, Zard, Kimel, Johnson and Vazquez are also

located in California. 10. Attached hereto are true and correct copies of the following documents: Exhibit 1: Exhibit 2: Exhibit 3: Exhibit 4: Complaint and docket sheet for Eidenmuller v. Groupon, Inc., No. 11-cv-00984-SBA (N.D. Cal. filed Mar. 2, 2011); Complaint and docket sheet for Gosling v. Groupon, Inc., No. 3:11cv-01038-CRB (N.D. Cal. filed Mar. 4, 2011); Complaint and docket sheet for Ferreira v. Groupon, Inc., No. 11CV-0132-DMS(POR) (S.D. Cal. filed Jan. 21, 2011); Complaint and docket sheet for Vazquez v. Groupon, Inc., No. 11-cv00495-EGS (D.D.C. filed Mar. 8, 2011); -2612804_1

Exhibit 5: Exhibit 6: Exhibit 7: Exhibit 8: Exhibit 9:

Complaint and docket sheet for Cohen v. Groupon, Inc., No. 11-cv80149-KLR (S.D. Fla. filed Feb. 4, 2011); Complaint and docket sheet for Johnson v. Groupon, Inc., No. 11-cv01426 (N.D. Ill. filed Mar. 1, 2011); Complaint and docket sheet for Christensen v. Groupon, Inc., No. 11cv-00501-MJD-JSM (D. Minn. filed Feb. 28, 2011); Complaint and docket sheet for Zard v. Groupon, Inc., No. 11-cv00605-PAM(FLN) (D. Minn. filed Mar. 8, 2011); and Complaint and docket sheet for Kimel v. Groupon, Inc., No. 11-cv00488 (N.D. Ohio filed Mar. 9, 2011).

I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this 11th day of March, 2011, at San Diego, California.

s/ Rachel L. Jensen RACHEL L. JENSEN

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