Brown
Brown v. Western Digital Corporation
Opinion
Trial Court Opinion
*NOT FOR PUBLICATION* 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 EDWARD TROMBLE, ET AL., Case No. 4:20-cv-08102-YGR
Plaintiffs, ORDER GRANTING MOTION TO DISMISS
WITH LEAVE TO AMEND
v.
WESTERN DIGITAL CORPORATION, Re: Dkt. Nos. 62, 63 Defendant.
11 Before the Court is defendant Western Digital Corporation’s motion to dismiss the operative first amended class action complaint filed by plaintiff Edward Tromble. (Dkt. Nos. 62 (mistaken filing), 63 (motion to dismiss).) Tromble brings four counts against Western Digital, which manufactures hard drives, based on an alleged failure to disclose that its hard drives utilize Shingle Magnetic Recording (“SMR”) technology instead of Conventional Magnetic Recording (“CMR”) technology. These four counts include violation of (1) N.Y. Gen. Bus. Law (“GBL”) § 349 (for a New York subclass); (2) N.Y. GBL § 350 (for a New York subclass); (3) fraudulent concealment (for a nationwide class); and (4) unjust enrichment (for a nationwide…