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 DEFENDANT’S

MOTION FOR SUMMARY

Defendant.

JUDGMENT

13 As stated on the record at the hearing today, defendant’s motion for summary judgment is GRANTED. For clarity, defendant moved for summary judgment on the four individual claims remaining: California’s Seller-Assisted Marketing Plan (“SAMP”) Act, Sections 17200 and 17500 of the California Business and Professions Code, and a breach of the implied covenant of good faith and fair dealing. Plaintiff in opposition briefing withdrew the first three claims, and defendant in reply briefing argued that the withdrawn claims should be dismissed with prejudice. As explained in orders prior, this action is an attempt at a class action do-over, with the same counsel bringing similar claims on the same fact pattern but with a different plaintiff. See Lynch v. Matterport, Inc., No. C 22-03704 WHA, 2022 WL 17740301, at *2…