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CLARKSON LAW FIRM, PC Ryan J. Clarkson Case 2:17-cv-02664-DSF-MRW Document 77 Filed 03/05/18 Page 1 of 3 Page ID #:1489 CLARKSON LAW FIRM, P.C. 1 Ryan J. Clarkson (SBN 257074) [email protected] 2 Shireen M. Clarkson (SBN 237882) [email protected] 3 Bahar Sodaify (SBN 289730) [email protected] 4 9255 Sunset Blvd., Ste. 804 Los Angeles, CA 90069 5 Tel: (213) 788-4050 Fax: (213) 788-4070 6 Attorneys for Plaintiff Ketrina Gordon 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 11 KETRINA GORDON, individually and ) Case No. 2:17-cv-02664-DSF-MRW on behalf of all others similarly ) 12 situated, ) [CLASS ACTION] ) 13 Plaintiff, ) PLAINTIFF’S NOTICE OF ) MOTION AND MOTION FOR 14 vs. ) CLASS CERTIFICATION ) 15 TOOTSIE ROLL INDUSTRIES, INC., ) Hon. Dale Fischer and DOES 1 through 10, inclusive, ) 16 ) Action filed: February 10, 2017 Defendants. ) 17 ) Hearing Date: May 14, 2018 ) Hearing Time: 1:30 pm 18 ) Hearing Location: 7D ) 19 ) ) 20 ) ) 21 ) ) 22 ) 23 24 25 26 27 28 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION Case 2:17-cv-02664-DSF-MRW Document 77 Filed 03/05/18 Page 2 of 3 Page ID #:1490 1 PLEASE TAKE NOTICE that on May 14, 2018 at 1:30 pm, in the courtroom 2 of the Honorable Dale Fischer, United States District Court for the Central District 3 of California, Plaintiff Ketrina Gordon (“Plaintiff”), on behalf of herself and all 4 others similarly situated, by and through her counsel Ryan J. Clarkson, Shireen M. 5 Clarkson, and Bahar Sodaify of Clarkson Law Firm, P.C., will and hereby does 6 move for class certification pursuant to Rule 23(b)(2). 7 Plaintiff moves this Honorable Court for an Order as follows: 8 1. That this case is certified to proceed to the merits as a class action 9 pursuant to Rule 23(b)(2) on all three counts (CLRA, UCL, and FAL) set forth in 10 Plaintiff’s Second Amended Complaint (Dkt. 46) on behalf of the following class of 11 consumers (the “Class”): 12 All persons who purchased opaque boxes of 3.5-oz Junior Mints and 6-oz. box 13 of Sugar Babies in the State of California for personal use and not for resale 14 during the time period February 10, 2013, through the present. Excluded from 15 the Class are Defendants’ officers, directors, and employees, and any 16 individual who received remuneration from Defendants in connection with 17 that individual’s use or endorsement of the Product. 18 2. That Plaintiff Ketrina Gordon is appointed Class Representative. 19 3. That Ryan Clarkson, Shireen Clarkson, and Bahar Sodaify of Clarkson 20 Law Firm, P.C. are appointed Class Counsel pursuant to Rule 23(g). 21 This motion it brought in accordance with Local Rule 23-3 and made 22 following a conference of counsel pursuant to Local Rule 7-3. 23 This motion is based upon this notice of motion, the concurrently-filed 24 motion and memorandum of points and authorities in support thereof, the 25 declaration of Ryan J. Clarkson, the declaration of Ketrina Gordon, declarations by 26 Plaintiff’s retained experts, corresponding exhibits, and all of the papers and 27 28 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION Case 2:17-cv-02664-DSF-MRW Document 77 Filed 03/05/18 Page 3 of 3 Page ID #:1491 1 pleadings on file in this action, and upon such other and further evidence as the 2 Court may be presented at the time of the hearing. 3 4 DATED: March 5, 2018 CLARKSON LAW FIRM, P.C. 5 /s/ Ryan J. Clarkson_________ 6 Ryan J. Clarkson, Esq. Shireen M. Clarkson, Esq. 7 Bahar Sodaify, Esq. 8 Counsel for Plaintiff 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PLAINTIFF’S NOTICE OF MOTION AND MOTION FOR CLASS CERTIFICATION Case 2:17-cv-02664-DSF-MRW Document 77-1 Filed 03/05/18 Page 1 of 28 Page ID #:1492 CLARKSON LAW FIRM, P.C. 1 Ryan J. Clarkson (SBN 257074) [email protected] 2 Shireen M. Clarkson (SBN 237882) [email protected] 3 Bahar Sodaify (SBN 289730) [email protected] 4 9255 Sunset Blvd., Ste. 804 Los Angeles, CA 90069 5 Tel: (213) 788-4050 Fax: (213) 788-4070 6 Attorneys for Plaintiff Ketrina Gordon 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE CENTRAL DISTRICT OF CALIFORNIA 10 KETRINA GORDON, individually and ) Case No. 2:17-cv-02664-DSF-MRW 11 on behalf of all others similarly ) situated, ) [CLASS ACTION] 12 ) P.C. , Plaintiff, ) PLAINTIFF’S MEMORANDUM IRM 13 ) OF POINTS AND AUTHORITIES F vs. ) IN SUPPORT OF MOTION FOR AW L 14 ) CLASS CERTIFICATION UNDER TOOTSIE ROLL INDUSTRIES, INC., ) RULE 23(b)(2) 15 and DOES 1 through 10, inclusive, ) LARKSON ) REDACTED VERSION OF Los Angeles, CA 90069 CA Angeles, Los C 16 Defendants. ) DOCUMENT PROPOSED TO BE 9255 Sunset Blvd., Suite 804 Suite Blvd., 9255 Sunset ) UNDER SEAL 17 ) ) Hon. Dale S. Fischer 18 ) ) Action filed: February 10, 2017 19 ) ) Hearing Date: May 14, 2018 20 ) Hearing Time: 1:30 pm ) Hearing Location: 7D 21 ) 22 23 24 25 26 27 28 PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES Case 2:17-cv-02664-DSF-MRW Document 77-1 Filed 03/05/18 Page 2 of 28 Page ID #:1493 1 TABLE OF CONTENTS 2 Page(s) 3 I. INTRODUCTION ........................................................................................... 1 4 II. FACTS AND PROCEDURAL BACKGROUND .......................................... 1 5 A. The Parties ............................................................................................. 2 6 B. Plaintiff’s Claims .................................................................................. 2 7 C. The Proposed Class ............................................................................... 5 8 D. Procedural History ................................................................................ 5 9 E. The Products’ Packaging at Issue ......................................................... 6 10 F. Sales and Distribution of the Products .................................................. 6 11 III. LEGAL STANDARD FOR CLASS CERTIFICATION ............................... 7 12 IV. CERTIFICATION HERE MEETS THE INTENT AND OBJECTIVE P.C. , OF RULE 23 .................................................................................................... 7 IRM 13 F V. PLAINTIFF SATISFIES ALL REQUIREMENTS UNDER RULE 23 ........ 8 AW L 14 A. Plaintiff Satisfies the Prerequisites of Rule 23(a). ................................ 8 15 LARKSON Los Angeles, CA 90069 CA Angeles, Los C 1. Numerosity. .................................................................................... 9 16 9255 Sunset Blvd., Suite 804 Suite Blvd., 9255 Sunset 2. Commonality .................................................................................. 9 17 3. Typicality. .................................................................................... 15 18 4. Adequate Representation. ............................................................ 16 19 20 B. THE REQUIREMENTS OF RULE 23(b)(2) ARE SATISFIED ....... 17 21 1. Plaintiff has Article III Standing. ................................................. 18 22 2. Plaintiff and the Class Complain of Standardized Uniform Conduct Applicable to the Entire Class. ....................................... 20 23 3. Plaintiff Seeks Injunctive Relief That Would Benefit the 24 Class. ............................................................................................. 22 25 VI. CONCLUSION ............................................................................................. 23 26 27 28 i PLAINTIFF’S MEMORANDUM OF POINTS AND AUTHORITIES Case 2:17-cv-02664-DSF-MRW Document 77-1 Filed 03/05/18 Page 3 of 28 Page ID #:1494 1 TABLE OF AUTHORITIES 2 CASES 3 Amchem Prods. v. Windsor, 4 521 U.S. 591 (1997) ........................................................................................... 7 5 Armstrong v. Davis, 275 F.3d 849 (9th Cir. 2001) ............................................................................ 15 6 Astiana v. Kashi Co., 7 291 F.R.D. 493 (S.D. Cal. 2013) ...................................................................... 15 8 Bates v. United Parcel Svc., Inc., 511 F.3d 974 (9th Cir. 2007) ............................................................................ 18 9 Bruno v. Eckhart Corp., 10 280 F.R.D. 540 (C.D.Cal.2012) ....................................................................... 14 11 Bruno v. Quten Research Inst., LLC, 280 F.R.D. 524, 535 (C.D.Cal.2011) ............................................................... 13 12 P.C. , California Rural Legal Assistance, Inc. v. Legal Servs. Corp., 917 F.2d 1171 (9th Cir. 1990) .......................................................................... 15 IRM 13 F AW Chavez v. Blue Sky Natural Beverage Co., L 14 268 F.R.D. 365 (N.D.Cal.2010) ....................................................................... 14 15 LARKSON Cruz v. PacifiCare Health Systems, Inc., Los Angeles, CA 90069 CA Angeles, Los C 16 30 Cal.4th 303 (2003) ....................................................................................... 22 9255 Sunset Blvd., Suite 804 Suite Blvd., 9255 Sunset 17 Datta v. Asset Recovery Sols., LLC, No. 15-CV-00188-LHK, 2016 U.S. Dist. LEXIS 36446, 18 (N.D. Cal. Mar. 18, 2016) .................................................................................. 8 19 Davidson v. Kimberly-Clark Corp., 873 F.3d 1103 (9th Cir. 2017) .............................................................. 18, 19, 20 20 Delarosa v. Boiron, Inc., 21 275 F.R.D. 582 (C.D. Cal. 2011) ..................................................................... 22 22 Eisen v. Carlisle & Jacquelin, 417 U.S. 156 (1974) ..........................................................................................
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