Buckeye Tree Lodge and Sequoia Village Inn, LLC v. Expedia, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

BUCKEYE TREE LODGE AND Case No. 16-cv-04721-VC SEQUOIA VILLAGE INN, LLC, et al.,

Plaintiffs, ORDER CLARIFYING CLASS

DEFINITION, DENYING CROSS

v. MOTIONS FOR SUMMARY

JUDGMENT, AND DENYING

EXPEDIA, INC., et al., MOTION TO EXCLUDE Defendants. Re: Dkt. Nos. 199, 200, 201, 208, 209, 210,

213

Both the plaintiffs and Expedia have moved for summary judgment on whether Expedia violated the Lanham Act and whether the plaintiffs are entitled to a permanent injunction. Expedia also argues that the plaintiffs’ claims are moot, the class should be decertified, and the opinions of Dr. Dennis should be excluded. These requests are denied, except that summary judgment is granted to Expedia with respect to the allegedly misleading phone numbers. The Court also recognizes an imprecision in its earlier class certification order, and clarifies the class definition. 1. There are genuine disputes of fact regarding whether Expedia’s conduct violated the false advertising prohibitions of the Lanham Act. In particular, there are genuine disputes about whether: (1) the…