Lynch v. Matterport, Inc

INTRODUCTION

19 In this putative class action, plaintiff seeks leave to file a third amended complaint. For 20 21 the following reasons, the motion is DENIED. Plaintiff’s administrative motion to seal has also 22 been DENIED. 23

STATEMENT

24 Our prior order presented the underlying facts in greater detail as well as the similarity of 25 this action to a prior action before the same judge, Stemmelin v. Matterport, Inc., No. C 20- 26 27 04168 WHA (see Dkt. No. 34). In sum, defendant Matterport, Inc. markets and sells 3D services such as software for 3D image manipulation and cloud storage. Importantly, 1 2 Matterport also developed the Matterport Service Partner (MSP) program. This program 3 incentivized 3D camera purchases by helping purchasers start their own businesses selling 3D 4 scans captured with these cameras. While enrollment in the program itself was free, eligibility 5 for enrollment was premised on owning a Matterport camera and having a subscription for 6 Matterport software and cloud storage. 7 Shawn Lynch alleged that Matterport’s marketing of its free MSP program was 8 deceptive. After making financial investments to be eligible for (and…