Matthew Treinish v. iFit Inc.

I.

BACKGROUND

On July 8, 2022, Defendant iFit, Inc. d/b/a Nordictrack removed a class action complaint filed by Plaintiff Matthew Treinish from the Los Angeles County Superior Court. [Doc. # 1 (“Notice”).] In his complaint, Treinish alleged several claims related to an alleged breach of warranty in NordicTrack treadmills, some of which had a defect causing them to suddenly stop while running at full speed. Compl. ¶¶ 15–21 [Doc. # 1-1]. Treinish brings this action on behalf of the following putative class: “[a]ll consumers, who, between the applicable statute of limitations and the present, purchased Defendant’s Class Products, and had that Class Product come to a complete stop while it was running, and would not turn back on.” Compl. ¶ 23.

The purported basis for Defendant’s removal is that the Court has diversity jurisdiction under the Class Action Fairness Act (“CAFA”) because (1) there are at least 100 putative class members; (2) the amount in controversy exceeds $5 million dollars; and (3) any proposed class member and any defendant are citizens of different states. See 28 U.S.C. §§ 1332(d)(2), 1453. Ntc. at 4–5. On August 5, 2022, Plaintiff filed a…