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This case was last updated from PACER on 04/09/2021 at 08:10:28 (UTC).

K.W. et al v. Epic Games, Inc.

Case Summary

On February 8, 2021, K.W., a minor, by and through K.W.’s guardian Jillian Williams (“Williams”), and Plaintiff Jillian Williams individually, on behalf of all others similarly situated (collectively, “Plaintiffs”), represented by John E. Lord filed a class action against Epic Games, Inc. (“Defendant” or “Epic Games”), seeking declaratory, injunctive, and monetary relief for manipulating and misleading players, especially minors, regarding in-game purchases. This case was filed in the U.S. District Court in the Northern District of California with Judge Charles R. Breyer presiding.

 

In their complaint, the Plaintiffs have defined class to include Minor Class, Minor Sub Class and California Parent Class pursuant to Rule 23 of the Federal Rules of Civil Procedure.

 

The Plaintiffs alleged that “Epic Games misleads and manipulates minors into handing over ever-increasing amounts of real money for virtual things. Epic Games makes it all but impossible for minors to determine the real cost of the virtual items they buy, fails to provide them with information about their purchasing history, pressures them to buy more and more virtual things, and cuts their parents out of their purchasing decisions. At the end, Epic Games misleads them about their right to undo their contracts and obtain a refund.” Further, it has been alleged that “the law generally holds that those who contract with minors do so at their own peril. Many of the contracts Epic Games has made with minors are subject to disaffirmance and, as a result, are voidable at the minor’s election. Still other such contracts were void at their inception.”

 

The Plaintiffs further alleged that “Fortnite is an online video game developed by and provided to players through Epic Games” that “is designed to draw minors into the game and keep them there. Indeed, substantial public accounts document aspects of the game that draw minors in and subsequent conduct by minors indicative of addiction to playing the game.” 

 

There are five claims for relief laid down by the Plaintiffs. The first and second claims relate to declaratory judgment pursuant to 28 U.S.C. § 2201 for disaffirmance of in-game purchases by K.W. and the Minor Class and for voidability of contracts as to Williams and the California Parent Class. The third claim laid down on behalf of K.W. and the California Minor Subclass relates to the violations of California Business and Professional Code § 17200, et. seq. The fourth claim on behalf of K.W. and the Minor Class and Williams and the California Parent Class is for violation of Consumer Protection laws pursuant to section 17203 of the California Business and Professions Code and other similar state law. The fifth claim on behalf of K.W. and the Minor Class and Williams and the California Parent Class is for negligent misrepresentation of material facts to K.W. and the Minor Class and Williams and the California Parent Class.

 

In their prayer for relief, the Plaintiffs have requested the court to certify the class as requested and to appoint K.W., Williams, and their counsel to represent the classes. The Plaintiffs further requested the court to pass an order for declaratory relief, injunctive relief and restitution in addition to compensatory damages, attorney fees and tax costs. 

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-00976

  • Filing Date:

    02/08/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    U.S. District Courts

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Charles R. Breyer

 

Party Details

Plaintiffs

Jillian Williams

K.W.

Petitioner

C.W.

Defendant

Epic Games, Inc.

Attorney/Law Firm Details

Plaintiff Attorneys

John E. Lord

One Llp, 9301 Wilshire Boulevard, Penthouse Suite

Beverly Hills, CA 90210

Samuel Joseph Salario, Jr.

Attorney at Bay Advocacy PLLC

1700 S. Mac Dill Avenue

Tampa, FL 33629

Peter Reza Afrasiabi

One Llp, 4000 Macarthur Boulevard, East Tower, Suite 500

Newport Beach, CA 92660

Petitioner Attorney

Deepali A Brahmbhatt

Attorney at Devlin Law Firm LLC

3120 Scott Blvd. #13

Santa Clara, CA 95054

Defendant Attorney

Jeffrey S Jacobson

Attorney at Faegre Drinker Biddle & Reath LLP

1177 Avenue Of The Americas, 41St Floor

New York, NY 10036

 

Court Documents

32 #16

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32 #15

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32 #14

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32 #7

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32 #6

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32 #5

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32 #2

Proposed Order

32 #1

Declaration of Deepali Brahmbhatt

#32

(#32) Third Party Administrative Motion to File Under Seal Documents on Motion to Seal filed by C.W.. (Attachments: #1 Declaration of Deepali Brahmbhatt, #2 Proposed Order, #3 Exhibit A Protective Order, #4 Exhibit B Redacted ECF 21, #5 Supplement Motion to Seal, #6 Declaration of Deepali Brahmbhatt, #7 Proposed Order, #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9)(Brahmbhatt, Deepali) (Filed on 4/7/2021) (Entered: 04/07/2021)

#9

(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by K.W., Jillian Williams.. (Lord, John) (Filed on 2/10/2021) (Entered: 02/10/2021)

#8

(#8) STIPULATION re #1 Complaint to Extend Deadline to Answer or Otherwise Respond filed by K.W., Jillian Williams, Epic Games, Inc. (Lord, John) (Filed on 2/9/2021) Modified on 2/10/2021 (cjlS, COURT STAFF). (Entered: 02/09/2021)

#7

(#7) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/12/2021. Initial Case Management Conference set for 5/19/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 2/9/2021) (Entered: 02/09/2021)

#6

(#6) Summons Issued as to Epic Games, Inc. (cjlS, COURT STAFF) (Filed on 2/9/2021) (Entered: 02/09/2021)

#4

(#4) Civil Cover Sheet by K.W., Jillian Williams Re: #1 Complaint filed by Jillian Williams, K.W.. (Lord, John) (Filed on 2/8/2021) (Entered: 02/08/2021)

#3

(#3) Certificate of Interested Entities by K.W., Jillian Williams (Lord, John) (Filed on 2/8/2021) (Entered: 02/08/2021)

#2

(#2) Proposed Summons. (Lord, John) (Filed on 2/8/2021) (Entered: 02/08/2021)

1 #1

Civil Cover Sheet

#1

(#8) STIPULATION re #1 Complaint to Extend Deadline to Answer or Otherwise Respond filed by K.W., Jillian Williams, Epic Games, Inc. (Lord, John) (Filed on 2/9/2021) Modified on 2/10/2021 (cjlS, COURT STAFF). (Entered: 02/09/2021)

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Docket Entries

  • 04/07/2021
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  • Docket(#32) Third Party Administrative Motion to File Under Seal Documents on Motion to Seal filed by C.W.. (Attachments: #1 Declaration of Deepali Brahmbhatt, #2 Proposed Order, #3 Exhibit A Protective Order, #4 Exhibit B Redacted ECF 21, #5 Supplement Motion to Seal, #6 Declaration of Deepali Brahmbhatt, #7 Proposed Order, #8 Exhibit 1, #9 Exhibit 2, #10 Exhibit 3, #11 Exhibit 4, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7, #15 Exhibit 8, #16 Exhibit 9)(Brahmbhatt, Deepali) (Filed on 4/7/2021) (Entered: 04/07/2021)

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  • 04/06/2021
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  • Docket(#31) STATEMENT OF RECENT DECISION pursuant to Civil Local Rule 7-3.d Defendant Epic Games, Inc.s Notice of Supplemental Authority Re: Motion to Stay (Dkt. No. 18) filed byEpic Games, Inc.. (Related document(s) #18 ) (Jacobson, Jeffrey) (Filed on 4/6/2021) (Entered: 04/06/2021)

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  • 04/05/2021
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  • Docket(#30) OPPOSITION/RESPONSE (re #23 MOTION to Dismiss Defendant Epic Games, Inc.s Notice of Motion and Motion to (1) Dismiss for Lack of Standing Pursuant to F.R.C.P. 12(b)(1) or, In the Alternative, (2) Compel Individual Arbitration; Memorandum of Points and Authorities in Support ) filed byK.W., Jillian Williams. (Attachments: #1 Declaration of Sanuel J. Salario, Jr., #2 Declaration of K.W.)(Salario, Samuel) (Filed on 4/5/2021) (Entered: 04/05/2021)

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  • 04/02/2021
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  • Docket(#29) ORDER by Judge Charles R. Breyer: Granting #28 Motion for Pro Hac Vice, Samuel J. Salario, Jr. (lsS, COURT STAFF) (Filed on 4/2/2021) (Entered: 04/02/2021)

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  • 04/01/2021
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  • Docket(#28) MOTION for leave to appear in Pro Hac Vice by Samuel J. Salario, Jr. ( Filing fee $ 317, receipt number 0971-15784601.) filed by K.W., Jillian Williams. (Attachments: #1 Exhibit Certificate of Good Standing)(Salario, Samuel) (Filed on 4/1/2021) (Entered: 04/01/2021)

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  • 03/23/2021
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  • DocketSet/Reset Hearing re #27 Order on Ex Parte Application. Motion Hearing set for 4/29/2021 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/crb Court Appearances: Advanced notice is required o f counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at crbcrd@cand.uscourts.gov no later than April 26, 2021 at 3:00 PM PST.General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. Motion Hearing set for 4/29/2021 10:00 AM in San Fr ancisco, - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

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  • 03/23/2021
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  • DocketSet/Reset Deadlines as to #18 MOTION to Stay Action; Memorandum of Points and Authorities in Support, #23 MOTION to Dismiss Defendant Epic Games, Inc.s Notice of Motion and Motion to (1) Dismiss for Lack of Standing Pursuant to F.R.C.P. 12(b)(1) or, In the Alternative, (2) Compel Individual Arbitration; Memorandum of Points and Authorities in Support

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  • 03/23/2021
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  • Docket(#27) ORDER by Judge Charles R. Breyer: Granting #26 Ex Parte Application to extend time to respond. Motion to Stay and Motion to Dismiss Hearing reset for 4/29/2021 at 10:00 AM in San Francisco - Videoconference Only before Judge Charles R. Breyer. (lsS, COURT STAFF) (Filed on 3/23/2021) (Entered: 03/23/2021)

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  • 03/22/2021
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  • Docket(#26) Ex Parte Application to Extend Time filed by K.W., Jillian Williams. (Attachments: #1 Exhibit A - Declaration of Samuel J. Salario, #2 Exhibit 1, #3 Proposed Order)(Lord, John) (Filed on 3/22/2021) (Entered: 03/22/2021)

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  • 03/18/2021
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  • Docket(#25) ORDER DENYING MOTION TO RELATE CASES C-19-3629-YGR and case C-21--0976 CRB by Judge Yvonne Gonzalez Rogers; terminating #13 Administrative Motion to relate cases. (fs, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)

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16 More Docket Entries
  • 02/10/2021
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  • Docket(#9) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by K.W., Jillian Williams.. (Lord, John) (Filed on 2/10/2021) (Entered: 02/10/2021)

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  • 02/09/2021
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  • Docket(#8) STIPULATION re #1 Complaint to Extend Deadline to Answer or Otherwise Respond filed by K.W., Jillian Williams, Epic Games, Inc. (Lord, John) (Filed on 2/9/2021) Modified on 2/10/2021 (cjlS, COURT STAFF). (Entered: 02/09/2021)

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  • 02/09/2021
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  • Docket(#7) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/12/2021. Initial Case Management Conference set for 5/19/2021 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (cjlS, COURT STAFF) (Filed on 2/9/2021) (Entered: 02/09/2021)

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  • 02/09/2021
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  • Docket(#6) Summons Issued as to Epic Games, Inc. (cjlS, COURT STAFF) (Filed on 2/9/2021) (Entered: 02/09/2021)

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  • 02/09/2021
  • Docket(#5) Case assigned to Magistrate Judge Donna M. Ryu. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 2/23/2021. (mbcS, COURT STAFF) (Filed on 2/9/2021) (Entered: 02/09/2021)

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  • 02/08/2021
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  • Docket(#4) Civil Cover Sheet by K.W., Jillian Williams Re: #1 Complaint filed by Jillian Williams, K.W.. (Lord, John) (Filed on 2/8/2021) (Entered: 02/08/2021)

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  • 02/08/2021
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  • Docket#Electronic filing error. Please resubmit Civil Cover Sheet. Use October 2020 version from https://www.cand.uscourts.gov/. No judge assignment will be made until the document is e- filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet Re: #1 Complaint filed by Jillian Williams, K.W. (mbcS, COURT STAFF) (Filed on 2/8/2021) (Entered: 02/08/2021)

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  • 02/08/2021
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  • Docket(#3) Certificate of Interested Entities by K.W., Jillian Williams (Lord, John) (Filed on 2/8/2021) (Entered: 02/08/2021)

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  • 02/08/2021
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  • Docket(#2) Proposed Summons. (Lord, John) (Filed on 2/8/2021) (Entered: 02/08/2021)

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  • 02/08/2021
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  • Docket(#1) COMPLAINT against Epic Games, Inc. ( Filing fee $ 402, receipt number 0971-15547918.). Filed byJillian Williams, K.W.. (Attachments: #1 Civil Cover Sheet)(Lord, John) (Filed on 2/8/2021) (Entered: 02/08/2021)

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