NGUYEN v. BARNES & NOBLE, INC.
KEVIN KHOA NGUYEN, individually and on behalf of all others similarly situated, Plaintiff,
BARNES & NOBLE, INC., and DOES 10, inclusive, Defendants.
Case No. 8:12-cv-0812-JST (RNBx).
United States District Court, C.D. California.
August 28, 2012.
ORDER DENYING DEFENDANT'S MOTION TO COMPEL ARBITRATION, DENYING MOTION TO STAY AS MOOT, AND VACATING HEARING DATE
JOSEPHINE STATON TUCKER, District Judge.
Before the Court is a Motion to Compel Arbitration ("Motion"), as well as a Motion to Stay Proceedings pending Final Resolution of that Motion, filed by Defendant Barnes & Noble, Inc. ("Barnes & Noble" or "Defendant"). (Doc. 10; Doc. 21.) Plaintiff filed an opposition (Doc. 11), and Defendant has replied (Doc. 14). Having read and considered the parties' papers and heard oral argument on July 20, 2012, the Court DENIES Defendant's Motion. Accordingly, the Court DENIES AS MOOT Defendant's Motion to Stay and the Court VACATES the hearing on Defendant's Motion to Stay set for August 31, 2012.
On April 17, 2012, Plaintiff filed his Complaint alleging violations of: (1) the New York Unfair Competition Law § 349; (2) the New York False Advertising Law § 350; (3) Breach of Contract under New York's UCC; (4) California's Unfair Competition Law, Cal. Bus. & Prof. Code §§ 17200, et seq.; (5) the California False Advertising Law, Cal. Bus. & Prof. Code §§ 17500, et seq.; and (6) California's Consumers Legal Remedies Act, Civil Code §§ 1750, et seq. (Compl., Exh. A, Doc. 1.) Defendant removed Plaintiff Kevin Khoa Nguyen's ("Plaintiff's" or "Nguyen's") Complaint to federal court on May 18, 2012. (Doc. 1.)
Plaintiff alleges that "[o]n or about August 21, 2011, Mr. Nguyen was on the Internet and saw an advertisement for 16 GB HP TouchPad Tablets being sold on Defendant's website, barnesandnoble.com, for a price of $101.95." (Compl. ¶ 9.) Plaintiff alleges that he purchased two of these HP TouchPad Tablets and "submitted his credit card information, as well as his email address and shipping address to Defendant" and shortly thereafter "received a confirmation email from Barnes & Noble stating that his order had been placed and further promoting barnesandnoble.com." (Id.) Plaintiff states that he received a Confirmation Number and an Order Confirmation stating that "[y]our credit card will be charged when your order ships." (Id.) Plaintiff states that the next day he received an email from Barnes & Noble "informing him that it was cancelling his order, and would not be shipping him the TouchPads for the advertised price." (Id. ¶ 10.) Plaintiff alleges that due to "Barnes & Noble's representations, as well as the delay in informing him it would not honor the sale," Plaintiff was "unable to obtain an HP Tablet during the liquidation period for the discounted price." (Id.) As a result, Plaintiff was "forced to rely on substitute tablet technology, which he subsequently purchased . . . [at] considerable expense." (Id.)