Thomas

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JASON THOMAS Case No.: 20cv718-LAB (BLM)

Plaintiff,

ORDER GRANTING MOTION

v. FOR SUMMARY JUDGMENT

COSTCO WHOLESALE CORPORATION, et al. 15 Defendants.

17 Plaintiff Jason Thomas filed this putative consumer class action against Costco Wholesale Corporation, bringing claims based on the marketing and sale of earbuds. Thomas is a California citizen and Costco is a Washington corporation; jurisdiction is based on the Class Action Fairness Act. Thomas alleges he purchased earbuds advertised as the latest version of the 2nd Generation Apple AirPods that were capable of wireless charging. He argues that the earbuds were an “unknown hybrid mix” that did not include a wireless charging case, and were incapable of wireless charging. Specifically, he alleges the earbuds were advertised as “Apple AirPods Wireless Headphones with Charging Case (2nd Generation).” (Compl., ¶ 28.) Apple’s product…