Tevis
Nancy Ellen Tevis v. Dyson Direct, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NANCY ELLEN TEVIS, No. 2:25-cv-00821-DJC-AC 12 Plaintiff, 13 v. ORDER
DYSON DIRECT, INC.,
15 Defendant. 16 17 Defendant Dyson Direct, Inc., moves to strike Plaintiff Nancy Tevis’s class allegations in her Complaint. (ECF No. 26.) Dyson also moves to stay discovery pending resolution of the Motion to Strike. (ECF No. 29.) For the reasons explained below, the Motion to Strike is DENIED. The Motion to Stay is DENIED as moot. BACKGROUND On April 26, 2024, Plaintiff Nancy Tevis purchased Defendant Dyson Direct, Inc.’s Big Ball Multi Floor Canister Vacuum (the “Product”) on Amazon.com. (Compl. (ECF No. 1) ¶¶ 6, 13.) Eight days later, on May 4, 2024, the Product was delivered to Plaintiff. (Id. ¶ 14.) Plaintiff alleges that the Product’s express warranty states: “Your Dyson machine is warranted against original defects in materials and workmanship for a period of 5 years from the date of purchase.” (Id. ¶ 15.) Plaintiff…