Nguyen v. Barnes & Noble Inc.
United States Court of Appeals for the Ninth Circuit
May 16, 2014, Argued and Submitted, Pasadena, California; August 18, 2014, Filed
[*1173] NOONAN, Circuit Judge:
We therefore affirm the district court's denial of Barnes & Noble's motion to compel arbitration and to stay court proceedings.
The underlying facts are not in dispute. Barnes & Noble is a national bookseller that owns and operates hundreds of bookstores as well as the website <www.barnesandnoble.com>. In August 2011, Barnes & Noble, along with other retailers across the country, liquidated its inventory of discontinued Hewlett-Packard Touchpads ("Touchpads"), [**4] an unsuccessful competitor to Apple's iPad, by advertising a "fire sale" of Touchpads at a heavily discounted price. Acting quickly on the nationwide liquidation of Touchpads, Nguyen purchased two units on Barnes & Noble's website on August 21, 2011, and received an email confirming the transaction. The following day, Nguyen received another email informing him that his order had been cancelled due to unexpectedly high demand. Nguyen alleges that, as a result of "Barnes & Noble's representations, as well as the delay in informing him it would not honor the sale," he was "unable to obtain an HP Tablet during the liquidation period for the discounted price," and was "forced to rely on substitute tablet technology, [*1174] which he subsequently purchased . . . [at] considerable expense."
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763 F.3d 1171 *; 2014 U.S. App. LEXIS 15868 **; 2014 WL 4056549
KEVIN KHOA NGUYEN, an individual, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. BARNES & NOBLE INC., Defendant-Appellant.
Subsequent History: Transfer denied by Khoa Nguyen v. Barnes & Noble Inc., 2015 U.S. Dist. LEXIS 187080 (C.D. Cal., Feb. 17, 2015)
Motion granted by, in part, Motion denied by, in part, Dismissed by, in part Nguyen v. Barnes & Noble, Inc., 2015 U.S. Dist. LEXIS 192636 (C.D. Cal., June 16, 2015)
Motion granted by, in part, Motion denied by, in part, Dismissed without prejudice by, in part Khoa Nguyen v. Barnes & Noble, Inc., 2015 U.S. Dist. LEXIS 187099 (C.D. Cal., Nov. 23, 2015)
Prior History: [**1] Appeal from the United States District Court for the Central District of California. D.C. No. 8:12-cv-00812-JST-RNB. Josephine L. Staton, District Judge, Presiding.
Nguyen v. Barnes & Noble, Inc., 2012 U.S. Dist. LEXIS 122455 (C.D. Cal., Aug. 28, 2012)
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