Whittaker

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SHAMICA WHITTAKER, et al., No. 2:23-cv-02914-JAM-CKD 12 Plaintiffs, ORDER GRANTING PLAINTIFFS’

MOTION TO REMAND AND DENYING

13 v. PLAINTIFFS’ REQUEST FOR

ATTORNEYS’ FEES AND COSTS

14 TACTICAL USA LLC, et al. 15 Defendants. 16

17 I. BACKGROUND 18 On July 12, 2023, Plaintiffs filed a complaint in Sacramento 19 County Superior Court against multiple defendants alleging 20 violations of the California Business and Professions Code. 21 Compl., Exh. A to Not. of Removal (“Not.”), ECF No. 1-1. 22 Plaintiffs argue they received over five hundred (500) 23 unsolicited commercial email advertisements (“spam”) from 24 defendant Tactical USA LLC (“Tactical”) which they never directly 25 consented to receive, nor did they ever have any business 26 relationship with Tactical. Id. at 9. Plaintiffs argue that 27 pursuant to California Business and Professions Code § 17529.5 28 (“Section 17529.5”), they are entitled to liquidated damages of 1 $1,000 per…