Broomes

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

AMANDA BROOMES, et al., Case No. 24-cv-03558-RFL

Plaintiffs,

ORDER GRANTING IN PART AND

v. DENYING IN PART MOTION TO

COMPEL ARBITRATION

FULLBEAUTY BRANDS OPERATIONS,

LLC, Re: Dkt. No. 68 Defendant.

Defendant FullBeauty Brands Operations, LLC seeks to compel arbitration 14 months after Plaintiff Amanda Broomes filed this putative class action in June 2024. In those months, FullBeauty received a ruling on its motion to dismiss—which challenged Broomes’s claims on the merits—and began participating in discovery. It may not now seek to compel Broomes into arbitration after trying its luck before this Court. However, the complaint was recently amended to add five named Plaintiffs (“New Plaintiffs”), and the New Plaintiffs’ claims expand the scope of products at issue in the litigation. FullBeauty is not estopped from seeking to arbitrate the claims of the New Plaintiffs, because it has not waived its right to arbitrate as to the class as a whole. But, for the reasons discussed below, FullBeauty has only shown that it formed an agreement to arbitrate…