In re NJOY, Inc. Consumer Class Action Litigation

Good Law
120 F. Supp. 3d 1050·2015 WL 4881091·98 Fed. R. Serv. 214·2015 U.S. Dist. LEXIS 109133
United States District Court, Central District of CaliforniaAugust 14, 2015CASE NO. CV 14-00428 MMM (JEMx)California34,873 words

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.

On May 20, 2015,…

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