GORDON et al v. KOHL'S CORPORATION et al
ORDER THAT THE MOTION FOR CLASS CERTIFICATION IS GRANTED IN PART AND DENIED IN PART, AS OUTLINED HEREIN. IT IS FURTHER ORDERED THAT THE PARTIES ARE TO MEET AND CONFER, AND SUBMIT A PROPOSED FORM OF NOTICE FOR THE COURT'S APPROVAL WITHIN 14 DAYS. ETC.. SIGNED BY HONORABLE WENDY BEETLESTONE ON 11/13/2017. 11/13/2017 ENTERED AND COPIES E-MAILED.(sg, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JENNIFER UNDERWOOD, on Behalf of
Herself and All Others Similarly Situated,
KOHL’S DEPARTMENT STORES, INC.
and CAPITAL ONE, NATIONAL
AND NOW, this 13th day of November, 2017, upon consideration of Plaintiff Jennifer
Underwood’s Motion for Class Certification and Memorandum of Law in Support Thereof (ECF
Nos. 189 & 191); Defendants Kohl’s Department Stores, Inc. and Capital One, National
Association’s Response in Opposition thereto (ECF No. 194); Plaintiff’s Reply in Further
Support of Her Motion for Class Certification (ECF No. 196); Defendants’ Sur-Reply in Further
Opposition to Plaintiff’s Motion for Class Certification (ECF No. 198); and Plaintiff’s
Opposition to Defendants’ Sur-Reply (ECF No. 199), IT IS ORDERED that the motion for
class certification is GRANTED IN PART AND DENIED IN PART, and that Plaintiff’s
proposed class shall be certified as follows:
(1) The following class is certified pursuant to Rule 23(b)(3) of the Federal Rules of
Civil Procedure: All persons with a Kohl’s Private Label Credit Card who (a) paid
$14.99 a month for PrivacyGuard between February 13, 2012 to October 31,
2013; (b) did not complete the second step of PrivacyGuard enrollment; and (c)
opened a Kohl’s Private Label Credit Card account before April 1, 2011.
Excluded from the class is anyone who received a complete refund of her
PrivacyGuard fees levied between February 13, 2012 to October 31, 2013, as well
as any employees of either Defendant or Trilegiant. This class is certified only to
the extent that class members assert an unjust enrichment claim against
Defendants under Delaware law;
(2) Plaintiff Jennifer Underwood shall serve as the class representative; and
(3) The law firms of Saltz, Mongeluzzi, Barret & Bendesky, P.C. and McLaughlin &
Stern LLP shall serve as class counsel.
IT IS FURTHER ORDERED that the parties are to meet and confer, and submit a
proposed form of notice for the Court’s approval within fourteen (14) days upon entry of this
order so that the best practicable notice under the circumstances may be given to class members.
Fed. R. Civ. P. 23(c)(2)(B).
BY THE COURT:
/s/Wendy Beetlestone, J.
WENDY BEETLESTONE, J.
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