In re NJOY, Inc. Consumer Class Action Litigation
Opinion
Lead Opinion
Morrow, J.
*1061 ORDER DENYING PLAINTIFFS’ • MOTION FOR CLASS CERTIFICATION
On January 17, 2014, Ben Z. Halberstam filed this putative class action on his own behalf and on behalf of a class of similarly situated Californians against NJOY, Inc., and -Sottera, Inc. (collectively, “NJOY”). 1 On April 29, 2014, pursuant' to the parties’ stipulation, 2 the court consolidated Halber-stam’s action with Eric McGovern v. NJOY, Inc., et al., Case No. CV14-00427 MMM (RZx). 3 Halberstam and McGovern filed a first amended consolidated complaint on May 30, 2014. 4 Thereafter, on July 9, 2014, they filed a second amended consolidated complaint, joining Kathryn Thomas and Paula Kolano as named plaintiffs. 5 Thomas seeks to represent a Florida class, while Kolano seeks to represent a New York class. On August 11, 2014, NJOY filed a motion to dismiss the second amended complaint, 6 which the court granted on October 20, 2014. 7 As a result, *1062 on November 10, 2014, Halberstam, Thomas, and McGovern filed a third amended consolidated complaint omitting certain claims and dropping Kolano as a plaintiff. 8 On December 10, 2014, NJOY filed a motion to dismiss the third amended complaint.