Bailey

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA 6 CASE NO. 4:18-cv-06926 YGR THOMAS BAILEY,

ORDER GRANTING IN PART AND

Plaintiff, DENYING IN PART MOTION FOR CLASS

CERTIFICATION; ORDER RE: MOTIONS

v. TO SEAL

10 RITE AID CORPORATION, Re: Dkt. Nos. 92, 95, 96, 107, 115 11 Defendant.

13 Plaintiff Thomas Bailey brings this proposed class action against defendant Rite Aid Corporation (“Rite Aid”) for state-law claims arising out of Rite Aid’s marketing of its over-the- counter acetaminophen gelcaps (“Rite Aid gelcaps”) as “rapid release.” Now pending is Bailey’s motion for class certification under Rule 23(b)(3) and Rule 23(b)(2). Having carefully considered the pleadings and the parties’ briefs, the argument presented at the hearing held on April 6, 2021, and for the reasons set forth below, the Court GRANTS the motion for certification of a Rule 23(b)(3) class and DENIES WITHOUT PREJUDICE the motion for certification of a Rule 23(b)(2) class.1 I. MOTIONS TO SEAL…