Lynch v. Matterport, Inc

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

SHAWN LYNCH, Plaintiff, No. C 22-03704 WHA

v.

MATTERPORT, INC., ORDER RE PLAINTIFF’S MOTION

FOR CLASS CERTIFICATION

Defendants.

15 INTRODUCTION In this putative class action, plaintiff asserts two business tort claims premised on false and deceptive advertising. Plaintiff now moves to certify a class under Rule 23 for those two claims. For the following reasons, the motion is GRANTED IN PART and DENIED IN PART. STATEMENT Our prior order presented the underlying facts in greater detail as well as this action’s similarity to a prior action before the same judge, Stemmelin v. Matterport, Inc., No. C 20- 04168 WHA (see Dkt. No. 34). In sum, defendant Matterport, Inc. markets and sells 3D cameras that can be used to create 3D models of real-world spaces. Matterport offers related services such as software for 3D image manipulation and cloud storage. Importantly, …