This case was last updated from U.S. District Courts on 11/27/2021 at 08:53:47 (UTC).

Matilda Dahlin v. The Donna Karan Company Store LLC et al

Case Summary

On September 28, 2021, Matilda Dahlin (“Plaintiff”), individually and on behalf of others similarly situated, represented by Scott Gregory Braden and Todd D. Carpenter of Carlson Lynch LLP, filed a class action lawsuit against The Donna Karan Company Store LLC, (“DKNY” or “Defendant”), seeking declaratory and injunctive relief along with prejudgement and post-judgement interest, among other reliefs, for the alleged sale of merchandise offered at a false discount price. The case was filed in U.S. District Court in the Central District of California with Judge Andre Birotte Jr and Judge Jean P. Rosenbluth presiding.

In the complaint, the Plaintiff alleged that, “The practice of false reference pricing occurs when a retailer fabricates a false “original” price, and then offers an item for sale at a deeply “discounted” price. The result is a sham price disparity that misleads consumers into believing they are receiving a good deal and induces them into making a purchase. In reality, the practice artificially inflates the true market price for these items by raising consumers’ internal reference price, and therefore the value, ascribed to these products by consumers”

The Plaintiff further alleged that, “Retailers, including Defendant, substantially benefit from employing false reference pricing schemes and experience increased sales because consumers use advertised reference prices to make purchase decisions” and “Through its false and misleading marketing, advertising, and pricing scheme alleged herein, DKNY violated, and continues to violate, California and federal law which prohibit the advertisement of goods for sale discounted from former prices that are false. California and federal law also prohibit the dissemination of misleading statements about the existence and amount of price reductions.”

The Plaintiff also alleged that, “DKNY outlets do not offer any outlet merchandise at the full, or original price—ever. Every product in the store is discounted from an original price, the minute it hits the floor” and “Defendant’s perpetual discounting of the DKNY outlet merchandise constitutes false, fraudulent, and deceptive advertising because the original reference price listed is substantially higher than those prices ever actually offered by Defendant in its outlet stores. The reference prices are used exclusively as a benchmark from which the false discount and corresponding “sale” price is derived. Defendant’s scheme has the effect of tricking consumers into believing they are getting a significant deal by purchasing merchandise at a steep discount”

There are three claims of relief filed by the Plaintiff. The first claim is for the alleged violation of California’s Unfair Competition Law (“UCL”) CAL. BUS. & PROF. CODE §§ 17200, et seq. The second claim is for the alleged violation of California’s False Advertising Law (“FAL”) CAL. BUS. & PROF. CODE §§ 17500, et seq. The third claim is for the alleged violation of California’s Consumers Legal Remedies Act (“CLRA”), CAL. CIV. CODE § 1750, et seq.

In its prayer for relief, the Plaintiff requested the Court to certify this action as class action and designate the Plaintiff as the representative of the class. Further, the Plaintiff requested the Court for declaratory and injunctive relief along with an award for restitution and disgorgement of all profits and unjust enrichment that Defendant obtained from Plaintiff and the Class members. The Plaintiff also requested the Court for an order against the Defendant to engage in a corrective advertising campaign along with attorneys’ fees and costs and any other relief the Court deems just.

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:21-CV-07711

  • Filing Date:

    09/28/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Andre Birotte Jr

Referral Judge

Jean P. Rosenbluth

 

Party Details

Plaintiff

Matilda Dahlin

Defendants

The Donna Karan Company Store LLC

DOES 1-50, inclusive

Attorney/Law Firm Details

Plaintiff Attorneys

Scott Gregory Braden

Attorney at Lynch Carpenter LLP

1350 Columbia Street Suite 603

San Diego, CA 92101

Todd D Carpenter

Attorney at Lynch Carpenter LLP

1350 Columbia Street Suite 603

San Diego, CA 92101

Defendant Attorneys

Anthony J Anscombe

Attorney at Steptoe and Johnson LLP

1 Market Plaza Suite 3900

San Francisco, CA 94105

Meegan Bay Brooks

Attorney at Steptoe and Johnson LLP

1 Market Street Suite 3900

San Francisco, CA 94105

Stephanie A Sheridan

Attorney at Steptoe and Johnson LLP

One Market Plaza Suite 3900

San Francisco, CA 94105

 

Court Documents

#17

(#17) CORPORATE DISCLOSURE STATEMENT OF THE DONNA KARAN COMPANY STORE LLC AND NOTICE OF INTERESTED PARTIES filed by Defendant The Donna Karan Company Store LLC identifying G-III Apparel Group, Ltd as Corporate Parent. (Sheridan, Stephanie) (Entered: 11/23/2021)

#16

(#16) ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 3/4/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 11/23/2021)

15 #2

Proposed Order

15 #1

Memorandum DEFENDANTS MEMORANDUM IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS CLAS

15 #15

Main Document

#14

(#14) NOTICE of Change of Attorney Business or Contact Information: for attorney Todd D Carpenter counsel for Plaintiff Matilda Dahlin. Changing firm name to Lynch Carpenter, LLP. Changing e-mail to Todd@lcllp.com. Filed by Plaintiff Matilda Dahlin. (Carpenter, Todd) (Entered: 11/10/2021)

#13

(#13) NOTICE of Change of Attorney Business or Contact Information: for attorney Scott Gregory Braden counsel for Plaintiff Matilda Dahlin. Changing firm name to Lynch Carpenter, LLP. Changing e-mail to Scott@lcllp.com. Filed by Plaintiff Matilda Dahlin. (Braden, Scott) (Entered: 11/10/2021)

#12

(#12) ORDER EXTENDING TIME TO RESPOND TO INITIAL COMPLAINT AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS by Judge Andre Birotte Jr.: Upon Stipulation to (a) extend the time for Defendant to respond to the Complaint, and (b) set a briefing schedule for any motion to dismiss filed by Defendant #11 , Defendant's response deadline and the briefing schedule for any motion to dismiss shall be continued as follows: Defendant's Response Due 11/22/2021; Plaintiff's Opposition Due 12/28/2021; Defendant's Reply Due 1/18/2022. Hearing Date on 2/4/2022. (gk) (Entered: 10/21/2021)

11 #3

Proof of Service

11 #2

Proposed Order

11 #1

Declaration

11 #11

Main Document

#10

(#10) PROOF OF SERVICE Executed by Plaintiff Matilda Dahlin, upon Defendant The Donna Karan Company Store LLC served on 9/30/2021, answer due 10/21/2021. Service of the Summons and Complaint were executed upon Koy Saechao, Service of Process Intake Clerk in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carpenter, Todd) (Entered: 10/04/2021)

#9

(#9) STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 09/29/2021)

#8

1 #2

Declaration in Support of Jurisdiction

1 #1

Exhibit A

1 #1

Main Document

15 More Documents Available
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Docket Entries

  • 11/23/2021
  • View Court Documents
  • Docket(#17) CORPORATE DISCLOSURE STATEMENT OF THE DONNA KARAN COMPANY STORE LLC AND NOTICE OF INTERESTED PARTIES filed by Defendant The Donna Karan Company Store LLC identifying G-III Apparel Group, Ltd as Corporate Parent. (Sheridan, Stephanie) (Entered: 11/23/2021)

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  • 11/23/2021
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  • Docket(#16) ORDER SETTING SCHEDULING CONFERENCE by Judge Andre Birotte Jr. Scheduling Conference set for 3/4/2022 at 10:00 AM before Judge Andre Birotte Jr. (cb) (Entered: 11/23/2021)

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  • 11/22/2021
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  • Docket(#15) NOTICE OF MOTION AND MOTION to Dismiss Case DEFENDANTS NOTICE OF MOTION AND MOTION TO DISMISS PLAINTIFFS COMPLAINT filed by DEFENDANTS The Donna Karan Company Store LLC. Motion set for hearing on 2/4/2022 at 10:00 AM before Judge Andre Birotte Jr. (Attachments: #1 Memorandum DEFENDANTS MEMORANDUM IN SUPPORT OF MOTION TO DISMISS PLAINTIFFS CLASS ACTION COMPLAINT, #2 Proposed Order) (Sheridan, Stephanie) (Entered: 11/22/2021)

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  • 11/10/2021
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  • Docket(#14) NOTICE of Change of Attorney Business or Contact Information: for attorney Todd D Carpenter counsel for Plaintiff Matilda Dahlin. Changing firm name to Lynch Carpenter, LLP. Changing e-mail to Todd@lcllp.com. Filed by Plaintiff Matilda Dahlin. (Carpenter, Todd) (Entered: 11/10/2021)

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  • 11/10/2021
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  • Docket(#13) NOTICE of Change of Attorney Business or Contact Information: for attorney Scott Gregory Braden counsel for Plaintiff Matilda Dahlin. Changing firm name to Lynch Carpenter, LLP. Changing e-mail to Scott@lcllp.com. Filed by Plaintiff Matilda Dahlin. (Braden, Scott) (Entered: 11/10/2021)

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  • 10/20/2021
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  • Docket(#12) ORDER EXTENDING TIME TO RESPOND TO INITIAL COMPLAINT AND SETTING BRIEFING SCHEDULE FOR MOTION TO DISMISS by Judge Andre Birotte Jr.: Upon Stipulation to (a) extend the time for Defendant to respond to the Complaint, and (b) set a briefing schedule for any motion to dismiss filed by Defendant #11 , Defendant's response deadline and the briefing schedule for any motion to dismiss shall be continued as follows: Defendant's Response Due 11/22/2021; Plaintiff's Opposition Due 12/28/2021; Defendant's Reply Due 1/18/2022. Hearing Date on 2/4/2022. (gk) (Entered: 10/21/2021)

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  • 10/19/2021
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  • Docket(#11) STIPULATION for Extension of Time to File Response to Initial Complaint by Not More Than 30 Days (L.R. 8-3) and to Set Briefing Schedule for Motion to Dismiss filed by Defendant The Donna Karan Company Store LLC. (Attachments: #1 Declaration, #2 Proposed Order, #3 Proof of Service)(Attorney Stephanie A Sheridan added to party The Donna Karan Company Store LLC(pty:dft))(Sheridan, Stephanie) (Entered: 10/19/2021)

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  • 10/04/2021
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  • Docket(#10) PROOF OF SERVICE Executed by Plaintiff Matilda Dahlin, upon Defendant The Donna Karan Company Store LLC served on 9/30/2021, answer due 10/21/2021. Service of the Summons and Complaint were executed upon Koy Saechao, Service of Process Intake Clerk in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (Carpenter, Todd) (Entered: 10/04/2021)

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  • 09/29/2021
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  • Docket(#9) STANDING ORDER upon filing of the complaint by Judge Andre Birotte Jr. (cb) (Entered: 09/29/2021)

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  • 09/28/2021
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  • Docket(#8) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant The Donna Karan Company Store LLC. (jtil) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#7) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#6) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#5) NOTICE OF ASSIGNMENT to District Judge Andre Birotte Jr and Magistrate Judge Jean P. Rosenbluth. (jtil) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#4) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff Matilda Dahlin. (Carpenter, Todd) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#3) NOTICE of Interested Parties filed by Plaintiff Matilda Dahlin, identifying Matilda Dahlin; The Donna Karan Company Store LLC, Carlson Lynch LLP. (Carpenter, Todd) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#2) CIVIL COVER SHEET filed by Plaintiff Matilda Dahlin. (Carpenter, Todd) (Entered: 09/28/2021)

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  • 09/28/2021
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  • Docket(#1) COMPLAINT Receipt No: ACACDC-32060966 - Fee: $402, filed by Plaintiff Matilda Dahlin. (Attachments: #1 Exhibit A, #2 Declaration in Support of Jurisdiction) (Attorney Todd D Carpenter added to party Matilda Dahlin(pty:pla))(Carpenter, Todd) (Entered: 09/28/2021)

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