Rodman

ORDER 1) DENYING DEFENDANT’S MOTION FOR PARTIAL SUMMARY JUDGMENT 2) DENYING PLAINTIFF’S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO CLASS MEMBERS WHO REGISTERED PRIOR TO 2006 3) GRANTING PLAINTIFF’S MOTION FOR SUMMARY , JUDGMENT AS TO DAMAGES

Re: ECF Nos. 267, 269, 273

In this certified class action'for breach of contract, the Court previously granted Plaintiffs motion for partial summary judgment that Defendant Safeway, Inc. breached its contract with class members who registered to shop online after 2006 “by charging higher prices for groceries on its online Safeway.com delivery service than it charged in the stores where the groceries were selected.” ECF No. 237 at 1. The Court found that the terms and conditions of Safeway’s online contract with customers had promised, with certain exceptions, that the prices charged for on Safeway.com would be the same as the prices charged in the physical store from which the groceries were selected and delivered. Id- at 13.

The parties have now each filed motions for summary judgment regarding the measure of damages that Safeway owes to class members for this breach. Safeway thinks the Court should cabin its liability pursuant to a…