Filed: Nov. 19, 2015
Latest Update: Nov. 19, 2015
Summary: JOINT STIPULATION AND [PROPOSED] ORDER JON S. TIGAR , District Judge . WHEREAS, on June 17, 2011, plaintiff in the above-captioned action, Michael Rodman, filed a class action complaint against Safeway Inc. ("Safeway") (ECF No. 1); and WHEREAS, on March 10, 2014, this Court certified the following class, solely for the purpose of bringing a breach of contract claim: All persons in the United States who registered to purchase groceries through Safeway.com at any time prior to November 15,
Summary: JOINT STIPULATION AND [PROPOSED] ORDER JON S. TIGAR , District Judge . WHEREAS, on June 17, 2011, plaintiff in the above-captioned action, Michael Rodman, filed a class action complaint against Safeway Inc. ("Safeway") (ECF No. 1); and WHEREAS, on March 10, 2014, this Court certified the following class, solely for the purpose of bringing a breach of contract claim: All persons in the United States who registered to purchase groceries through Safeway.com at any time prior to November 15, 2..
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JOINT STIPULATION AND [PROPOSED] ORDER
JON S. TIGAR, District Judge.
WHEREAS, on June 17, 2011, plaintiff in the above-captioned action, Michael Rodman, filed a class action complaint against Safeway Inc. ("Safeway") (ECF No. 1); and
WHEREAS, on March 10, 2014, this Court certified the following class, solely for the purpose of bringing a breach of contract claim:
All persons in the United States who registered to purchase groceries through Safeway.com at any time prior to November 15, 2011, and made one or more purchases subject to the price markup implemented on or about April 12,2010 (the "Class"). Excluded from the Class are Defendant, as well as all employees of the judges assigned to this action in this Court, their spouses and any minor children living in their households, and other persons within a third degree relationship to any such federal judge; and finally, the entire jury venire called for jury service in relation to this lawsuit. Also excluded from the Class are any attorneys or other employees of any law firms hired, retained and/or appointed by or on behalf of the named Plaintiffs to represent the named Plaintiffs and/or any proposed Class members or proposed class in this lawsuit.
(ECF No. 163); and
WHEREAS, on February 12, 2015, this Court granted partial summary judgment to plaintiff and the Class and found that "Safeway breached the contract by charging Plaintiff and the Class members who registered beginning in 2006 more than the prices permitted under the terms of the contract" and that "[t]he Class is entitled to damages even for purchases which occurred after the Special Terms were amended on November 15, 2011" (ECF No. 237); and
WHEREAS, on August 31,2015, this Court granted partial summary judgment to plaintiff and the Class and found that Class members who registered with Safeway.com on or after January 1, 2006, were entitled to damages "in the amount of the aggregate markup," plus prejudgment interest of 10 percent per annum from the time of breach under Cal. Civ. Code Section 3289(b), but denied summary judgment to plaintiff and the Class insofar as plaintiff sought a judgment of liability for Class members who registered with safeway.com before January 1, 2006 (ECF No. 331); and
WHEREAS, as reflected in submissions by the parties and orders of this Court (ECF Nos. 371, 373, 374, 376-80, 383), trial ofthis case was continued from October 7, 2015 to December 7, 2015 and additional discovery was permitted;
WHEREAS, the parties have engaged in formal and informal discovery;
WHEREAS, the parties now wish to stipulate to the facts and findings set out below;
NOW, THEREFORE, the parties to the above-captioned action hereby stipulate and agree to the following facts and findings:
1. Customers who registered with safeway.com before January 1, 2006 entered into a contract with Safeway at the time of registration containing the following language:
Product Pricing and Service Charges
The prices quoted on our Web site at the time of your order are estimated prices only. You will be charged the prices quoted for Products you have selected for purchase at the time your order is processed at checkout. The actual order value catmot be determined until the day of delivery because the prices quoted on the Web site are likely to vary either above or below the prices in the store on the date your order is filled and delivered.
2. Therefore, this Court's prior summary judgment orders (ECF Nos. 237 and 331) are equally applicable to Class members who registered before January 1, 2006, as they are to Class members who registered between January 1, 2006 and November 14, 2011.
3. In view of the foregoing, the parties request that the Court vacate the December 7, 2015 jury trial, the November 30, 2015 pre-trial conference, and the pre-trial submission deadlines set forth in the Court's October 14,2015 Scheduling Order (ECF No. 381).
4. The parties will work together to determine the amount of damages and pre-judgment interest attributable to the Class members who registered before January 1, 2006 and the Class members who registered between January 1, 2006 and November 14, 2011 for submission to the Court to enter in connection with final judgment. Any disputes will be submitted to the Court for resolution.
5. Safeway contests this Court's prior orders (ECF Nos. 163, 237, 331), and reserves its right to appeal from any final judgment in this action to challenge this Court's prior orders or any other order made in this action.
SO ORDERED.
