Case N|DL No. 2254 Document 36 Fi|ed 08/22/ll Page 1 of 3
R UB 2 9 2011
UNITED sTATEs .iiii)iciAL PANEL ¢[§"’,'('/j/R
on lvoarHs/q,g D}§. D/srn/ci',`j~'('f,j/WG
MULT[MSTRICT LITIGATIoN CAL/Fo§~,,,
1N RE= LiviNcsociAL MARKET1NG ANi)
sALEs PRAcncEs Li"ricA"rioN MDL No. 2254
TRANSFER oRDER dr \\IZCM 4 _ ”\YA'
Bef0re the Panel:° Pursuant to 28 U.S.C. § l407, common defendant Hungry Machine, Inc.
d/b/a LivingSocial (LivingSocial) moves for centralized pretrial proceedings of this litigation in the
District of the District of Columbia. Plaintiffs in all five actions, as listed on Schedule A,‘ support the
motion. Retailer defendant Jack’s Canoes & Kayaks, LLC d/b/a/Jacl<’s Boathouse , a defendant in only
the District of Columbia action, did not respond to the motion.
On the basis of the papers iiled and the hearing session held, we fmd that these five actions
involve common questions of fact, and that centralization under Section 1407 will serve the convenience
of the parties and witnesses and promote the just and efficient conduct of this litigation. All actions
involve common factual questions regarding LivingSocial’s sale of gift certificates/vouchers with
allegedly improper expiration dates and other objectionable provisions (e.g., requirements that gift
certiiicates be used in a single transaction, that cash refunds will not be made for unused portions, and
not more than one gift certificate can be redeemed at one tirne). Plaintiffs contend that LivingSocial and,
in the District of Columbia action, the retailer defendant’s sale of the gift certificates/vouchers violate
the federal Credit Card Accountability, Responsibility, and Disclosure Act as incorporated in the
Electronic Funds Transfer Act, as well as state consumer protection laws. Centralization will eliminate
duplicative discovery; prevent inconsistent pretrial rulings, including with respect to class certification;
and conserve the resources of the parties, their counsel and the judiciary.
We have selected the District of the District of Columbia, which all parties agree is the most
appropriate forum, as the transferee district for this litigation. LivingSocial is headquartered in the
District of Columbia and, accordingly, the majority of relevant documents and witnesses are located
there.
° Judges John G. Heyburn II, Paul J. Barbadoro, and Marjorie O. Rendell took no part inthe
decision of this matter.
1 LivingSocial has notified the Panel of one related action pending in District of Minnesota. This
action and any other related actions are potential tag-along actions. See Panel Rules 1. l(h), 7.1 and 7.2.
Case I\/|DL No. 2254 Document 36 Fi|ed 08/22/11 Page 2 of 3
_g_
IT IS THEREFORE ORDERED that pursuant to 28 U.S.C. § 1407, the actions listed on
Schedule A and pending outside the District of the District of Columbia are transferred to the District
of the District of Columbia and, with the consent of that court, assigned to the Honorable Ellen Segal
Huvelle for coordinated or consolidated pretrial proceedings with the action listed on Schedule A and
pending iri that district.
PANEL ON MULTIDISTRICT LITIGATION
NIx/,»<»» ii~.m¢\,fz_
K%alryn H. vrarii
Acting Chairman
W. Roya1Furgeson, Jr. Frank C. Damrell, Jr.
Barbara S. Jones
Case |\/|DL No. 2254 Document 36 Fi|ed 08/22/ll
IN RE: LIVINGSOCIAL MARKE'I`ING AND
SALES PRACTICES LITIGATION
SCHEDULE A
Northem District of California
Sarah Gosling v. Hungry Machine, Inc., C.A. No. 3:ll-02094
Southem District of California
Kimberly Pullman v. Hungry Machine, Inc., C.A. No. 3:11-00846
District of District of Columbia
Melissa Forshey v. LivingSocial, Inc., et al., C.A. No. l:l l-00745
Southem District of Florida
Mandy Miller v. LivingSocial, C.A. No. 0:ll-605l9
Western District of washington
Dawn Abbott, et al. v. LivingSocial, Inc., C.A. No. 2:ll-00253
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MDL No. 2254