San Pedro-Salcedo v. The Haagen-Dazs Shoppe Company, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

MELANIE G. SAN PEDRO-SALCEDO,

Case No. 5:17-cv-03504-EJD Plaintiff, ORDER DENYING MOTION FOR v. CLASS CERTIFICATION; DENYING MOTION TO STRIKE

THE HÄAGEN-DAZS SHOPPE

COMPANY, INC., Re: Dkt. Nos. 57, 85 Defendant.

While patronizing one of Defendant Häagen-Dazs Shoppe Company, Inc.’s locations, the cashier asked Plaintiff Melanie San Pedro-Salcedo if she would like to join its Reward Program, and then asked for her phone number. San Pedro-Salcedo provided her phone number, and Häagen-Dazs, through a third-party, then sent her a text message that provided a link to down load its mobile application (the “App”). The cashier apparently violated Häagen-Dazs’s policy and deviated from its official script by not advising San Pedro-Salcedo that she would receive the text message with the link to the App. San…