Stickrath

Stickrath v. Globalstar, Inc.

Good Law

527 F. Supp. 2d 992·2007 WL 2790727·2007 U.S. Dist. LEXIS 73763

United States District Court, Northern District of CaliforniaSeptember 25, 2007C07-1941 TEHCalifornia4,769 words

Opinion

Henderson, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

This matter came before the Court on Monday, September 17, 2007, on Defendant’s motion to dismiss the complaint. After carefully considering the parties’ written and oral arguments, the Court GRANTED IN PART and DENIED IN PART Defendant’s motion at the conclusion of the hearing. The Court now issues this written order to provide additional reasoning behind its rulings.

BACKGROUND

Plaintiffs Kenneth and Sharan Stiekrath seek to represent a class of all individuals who purchased satellite telephone service from Defendant Globalstar, Inc. between March 2003 and the present. The Stick-raths subscribed to the service “from approximately 2004 through 2006 so that they would have the ability to keep their family advised of their location while they were traveling at sea in the Bahamas. The Service proved unreliable initially and only became worse.” Am. Compl. ¶ 23. Plaintiffs further allege that they “experienced numerous dropped calls when attempting to use the service. Often, the phone signal meter would show a good signal and then the call would be dropped. Frequently there was no signal at all.” Id. ¶…

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