Sperling
Sperling v. Stein Mart, Inc.
Opinion
Lead Opinion
Birotte, J.
On January 8, 2018, Defendant Stein Mart, Inc. ("Stein Mart") filed a Motion for Summary Judgment against Plaintiffs Marilyn Sperling ("Sperling") and Jerred Schuh ("Schuh") (collectively, "Plaintiffs"). Dkt. No 100. Plaintiffs filed an opposition and Stein Mart filed a reply. Dkt. Nos. 108, 111. On December 15, 2017, Plaintiffs filed a Motion for Class Certification. Dkt. No. 97. Stein Mart filed an opposition and Plaintiffs filed a reply. Dkt. Nos. 106, 112. The Court heard oral arguments regarding the motions on February 16, 2018. For the following reasons, the Court GRANTS Stein Mart's Motion for Summary Judgment and DENIES Plaintiffs' Motion for Class Certification.
I. BACKGROUND
This case centers on Stein Mart's use of comparative reference prices on price tags. Stein Mart's price tags displayed higher "Compare At" prices next to lower "Our Price" prices for items they sold in their retail stores. Plaintiffs claim they purchased products from Stein Mart in reliance on the comparative reference prices, but that those prices were misleading.
A. Undisputed Facts
The following facts are undisputed.