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Main v. Wal-Mart Stores, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 1, 2011
No. C 11-02001 JSW (N.D. Cal. Nov. 1, 2011)

Opinion

No. C 11-01919 JSW No. C 11-02001 JSW No. C 11-02893 JSW No. C 11-02659 JSW No. C 11-03233 JSW

11-01-2011

KIMBERLY MAIN, an individual, on behalf of herself and all others similarly situated, Plaintiff, v. WAL-MART STORES, INC., and DOES 1 through 50, inclusive, Defendants. ROBIN NELSON, an individual, on behalf of herself and all others similarly situated, Plaintiff, v. WAL-MART STORES, INC., and DOES 1 through 50, inclusive, Defendants. MARYLYNN GRIKAVICIOUS, an individual, on behalf of herself and all others similarly situated, Plaintiff, v. WAL-MART STORES, INC., and DOES 1 through 50, inclusive, Defendants. LOURDES R. LANDEROS, an individual, on behalf of herself and all others similarly situated, Plaintiff, v. WAL-MART STORES, INC., and DOES 1 through 50, inclusive, Defendants. TINA BAUER, an individual, on behalf of herself and all others similarly situated, Plaintiff, v. WAL-MART STORES, INC., and DOES 1 through 50, inclusive, Defendants.


ORDER DENYING MOTION TO

DISMISS AND CONTINUING

CASE MANAGEMENT

CONFERENCE

ORDER CONTINUING CASE

MANAGEMENT CONFERENCE
situated consumers via fluid recovery or cy pres recovery where necessary to prevent Defendant from retaining the benefits of their wrongful conduct." Defendant argues that cy pres is considered a form of equitable relief and the Song-Beverly Credit Card Act only authorizes recovery of statutory damages by private plaintiffs.

In Six (6) Mexican Workers v. Arizona Citrus Growers, 904 F.2d 1301, 1307 (9th Cir. 1990), the Ninth Circuit held that cy pres or a fluid recovery may be considered by courts to distribute unclaimed funds after a valid judgment for statutory damages has been entered against a defendant. The court merely rejected the district court's specific application of cy pres because the proposed distribution of funds was to a group too remote from the plaintiff class and there was no reasonable certainty that any class member would have benefitted. Id. at 1308.

Defendant relies on Haug v. Petsmart, Inc., 2010 WL 2925096 (E.D. Cal. July 23, 2010). In Haug, the court characterized the plaintiff's request for cy pres relief as damages, and as such, struck the plaintiff's request for "cy pres damages" as unauthorized by the Song-Beverly Credit Card Act. The Court disagrees that cy pres funds are a form of damages, and finds instead, that they are a form of distribution of damages. Therefore, the Court finds the reasoning of Haug unpersuasive.

The Court need not determine at this time whether distribution of any unclaimed statutory damages to the purported class through cy pres would be appropriate. The issue of cy pres distribution is premature until a class is certified, damages are awarded, and there are funds that remain unclaimed. See Rodriguez v. West Publ'g Corp., 563 F.3d 948, 966 (9th Cir. 2009) (finding cy pres distribution "becomes ripe only if entire settlement fund is not distributed to class members" and declining to determine propriety of cy pres at that time). Accordingly, the Court DENIES Defendant's motions to dismiss. This Order is without prejudice to Defendant challenging the use of cy pres distribution if and when this issue becomes ripe.

In addition, the case management conferences, set in all related matters, is HEREBY CONTINUED to December 16, 2011 at 1:30 p.m.

IT IS SO ORDERED.

JEFFREY S. WHITE

UNITED STATES DISTRICT JUDGE


Summaries of

Main v. Wal-Mart Stores, Inc.

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
Nov 1, 2011
No. C 11-02001 JSW (N.D. Cal. Nov. 1, 2011)
Case details for

Main v. Wal-Mart Stores, Inc.

Case Details

Full title:KIMBERLY MAIN, an individual, on behalf of herself and all others…

Court:UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

Date published: Nov 1, 2011

Citations

No. C 11-02001 JSW (N.D. Cal. Nov. 1, 2011)