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Rodman v. Safeway Inc.

United States District Court for the Northern District of California

August 31, 2015, Decided; August 31, 2015, Filed

Case No. 11-cv-03003-JST

Opinion

 [*925]  ORDER 1) DENYING DEFENDANT'S MOTION FOR PARTIAL SUMMARY JUDGMENT 2) DENYING PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT AS TO CLASS MEMBERS WHO REGISTERED PRIOR TO 2006 3) GRANTING PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO DAMAGES

Re: ECF Nos. 267, 269, 273

In this certified class action for breach of contract, the Court previously granted Plaintiff's motion for partial summary judgment that Defendant Safeway, Inc. breached its contract with class members who registered to shop online after 2006 "by charging higher prices for [**2]  groceries on its online Safeway.com delivery service than it charged in the stores where the groceries were selected." ECF No. 237 at 1. The Court found that the terms and conditions of Safeway's online contract with customers had promised, with certain exceptions, that the prices charged for on Safeway.com would be the same as the prices charged in the physical store from which the groceries were selected and delivered. Id. at 13.

The parties have now each filed motions for summary judgment regarding the measure of damages that Safeway owes to class members for this breach. Safeway thinks the Court should cabin its liability pursuant to a limitation of liability provision in the contract, but thinks that all other damages issues should be left to the jury. ECF No. 267-5. Plaintiff argues that no factual issues remain as to the measure of damages and that the Court should grant the class breach of contract damages equal to the aggregate difference between the amounts charged to class members on the online store as compared to the amount charged for the same products at the brick and mortar location from which they were procured ("the markup"). ECF No. 274-5. Plaintiff has also filed an additional [**3]  motion for partial summary judgment that seeks to establish liability for class members who registered prior to 2006. ECF No. 269-5.

I. Background

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125 F. Supp. 3d 922 *; 2015 U.S. Dist. LEXIS 115705 **

MICHAEL RODMAN, Plaintiff, v. SAFEWAY INC., Defendant.

Prior History: Rodman v. Safeway, Inc., 2011 U.S. Dist. LEXIS 126212 (N.D. Cal., Nov. 1, 2011)

CORE TERMS

online, class member, customers, markup, prices, damages, Terms, shopping, affirmative defense, summary judgment, argues, summary judgment motion, promise, surveys, pick, registered, parity, price charged, calculation, website, limitation of liability, aggregate, products, query, groceries, registration, delivery, orders, genuine, users