Hamilton
Hamilton v. Xpedition LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Russ Hamilton, No. 2:24-cv-02157-KJM-CSK. Plaintiff, ORDER v. xPedition, LLC dba Fortress Safe, et al., 1S Defendants. 16 Russ Hamilton on behalf of similarly situated individuals brings a putative class action 18 against defendants xPedition, LLC dba Fortress Safe and Cabela’s, LLC (together Fortress Safe), 19 alleging Fortress Safe knowingly sold defective gun safes to consumers in violation of multiple consumer protection laws. Fortress Safe moves to dismiss the complaint alleging plaintiff's claims are moot and that he fails to state claims upon which relief can be granted; it also requests 22 this court take judicial notice or incorporate by reference materials relating to the recall of the gun 23 safe models. As described more fully below, the court grants in part and denies in part Fortress 24 Safe’s request for judicial notice or incorporation by reference, on its own motion,…