Caccuri

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 AGUSTIN CACCURI, et al., Case No. 21-cv-03361-AMO

Plaintiffs,

ORDER DENYING MOTION TO DENY

v. CLASS CERTIFICATION

SONY INTERACTIVE Re: Dkt. No. 124

ENTERTAINMENT LLC,

11 Defendant.

12 In this putative class action, Plaintiffs Agustin Caccuri, Adrian Cendejas, and Allen Neumark allege that Defendant Sony Interactive Entertainment LLC engaged in anticompetitive conduct by discontinuing the sale of digital PlayStation game download cards to third-party retailers. Sony now moves to deny class certification, relying on the arbitration and class action waiver provisions in its terms of service and related agreements. Plaintiffs oppose, arguing that the agreements do not cover their claims and that Sony has waived the right to enforce the arbitration and class action waiver provisions. On the current record, the Court cannot conclude that Plaintiffs are precluded from prosecuting their claims on a class basis in this forum. …