Weee Moves to Strike Class Allegations Arising From Data Breach

The plaintiffs’ opposition to Weee’s motion to dismiss their May 11 consolidated class action arising from a February data breach (see 2308300034) provides no reason for the court to deny the motion and allow the complaint to proceed, said the Asian American online grocery chain’s reply memorandum Monday (docket 4:23-cv-02314) in U.S. District Court for Northern California in San Francisco. Despite admitting that the complaint lists the information that was potentially affected in the data breach, the plaintiffs “continue in their quest to blatantly misstate the facts” about the breach and the harms they allege as a result in order to allow the complaint to survive, it said. Their arguments should be rejected, and the complaint “should be dismissed in its entirety,” said Weee. In the “unlikely event” that any portion of the complaint survives the instant motion to dismiss, “at the very least, the class action allegations should be stricken,” it said. Though relief of that sort “may be rare at the pleading stage,” the plaintiffs’ opposition “simply points to other data breach class actions which have been certified for settlement purposes only,” it said. Yet their opposition “advances no logical argument” why the court should allow this matter to proceed “in the face of patently insufficient allegations,” it said. Their complaint demonstrates that the plaintiffs “will never be able to meet the requirements of Rule 23" and certify the putative classes that they seek to represent,” it said. Striking of the class-action allegations “is appropriate,” it said.