This case was last updated from U.S. District Courts on 02/17/2023 at 18:22:22 (UTC).

Shepherd v. Belkin International, Inc. et al

Case Summary

On October 21, 2021, Jeremy Shepherd (“Plaintiff”), on behalf of himself and all others similarly situated, represented by James Clayton Kelly of The Law Office of James C. Kelly, filed a class action lawsuit against Belkin International, Inc. (“Belkin”) and Walmart Inc, (“Walmart”), (collectively referred to herein as “Defendants”). Plaintiff seeks declaratory and injunctive reliefs along with damages, as well as other reliefs, for the Defendants’ alleged breach of contract. This case was filed in U.S. District Court in the Eastern District of New York with Judge Brian M. Cogan presiding.

In the complaint, the Plaintiff alleged that, “This is a class action against Defendants BELKIN INTERNATIONAL, INC. and WALMART INC. for unfair and deceptive trade practices concerning the sale of falsely advertised Linksys Wifi routers.” The Plaintiff also alleged that, “Defendants sell a Wifi router that Belkin has deceptively named Linksys Dual Band AC1000 WiFi Router (“Linksys AC1000”). Defendants advertise the Linksys AC1000 as being a very fast WiFi router for the internet with enhanced speeds that are up to 1,000 Mbps.”

The Plaintiff further alleged that, “Plaintiff purchased a Linksys AC1000 router from Walmart based on Defendants’ false and misleading statements alleged herein and discovered that the Linksys AC1000 only operated at WiFi internet speeds between 80-90 Mbps, more than 900% slower than the advertised speeds.” The Plaintiff then alleged that, “Accordingly, Defendants’ statements indicating that the Linksys AC1000 has WiFi speeds for the internet of up to 1,000 Mbps, are false.”

The Plaintiff also alleged that, “Further, the Linksys AC1000 WiFi internet speeds are not 2.3 times faster than Wireless N or WiFi 4 technology when accessing the internet, but more than 100% slower. The Linksys AC1000 is falsely advertised and sold by other major retailers in addition to Walmart, such as Bestbuy and Amazon.com. Although, some major retailers, such as Target, do not sell Linksys routers. Plaintiff, and many other consumers, purchased a falsely advertised Linksys AC1000, based on the false and misleading representations described herein and were damaged as a result.”

There are six claims of relief laid down by the Plaintiff on behalf of himself and the class. The first claim is for the alleged violation of state consumer protection laws. The second claim is for alleged breach of contract. The third claim is for the alleged breach of implied warranty of merchantability. The fourth claim is for alleged negligent misrepresentation. The fifth claim is for alleged unjust enrichment. The sixth claim is for alleged fraud on behalf of the Plaintiff only.

In his prayer for relief, the Plaintiff requested the Court to certify this action as a class action lawsuit and appoint the Plaintiff as the representative of the class. Furthermore, the Plaintiff requested the Court for declaratory and injunctive relief and damages, including compensatory and punitive damages, along with restitution and disgorgement of Defendants’ revenues to Plaintiff and members of the Class. The Plaintiff also requested the Court for interest on the monies wrongfully obtained from the date of collection along with attorneys’ fees, expenses, recoverable costs reasonably incurred and any other relief the Court deems just and proper. 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    1:21-CV-05862

  • Filing Date:

    10/21/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Personal Property Fraud

Judge Details

Presiding Judge

Brian M. Cogan

 

Party Details

Plaintiff

Jeremy Shepherd

Defendants

Belkin International, Inc.

Walmart Inc,

Attorney/Law Firm Details

Plaintiff Attorney

James Clayton Kelly

Defendant Attorney

Keara M. Gordon

 

Court Documents

15 #4

Proposed Order

15 #3

Affidavit in Support Affidavit of Nancy Sims in Support of Motion for Admission

15 #2

Certificate of Good Standing- Central District of California

15 #1

Certificate of Good Standing- California State

#15

(#15) MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15112256. by Belkin International, Inc., Walmart Inc,. (Attachments: #1 Certificate of Good Standing- California State, #2 Certificate of Good Standing- Central District of California, #3 Affidavit in Support Affidavit of Nancy Sims in Support of Motion for Admission Pro Hac Vice, #4 Proposed Order) (Gordon, Keara) (Entered: 12/13/2021)

4 #1

Summons

#4

(#4) Summons Issued as to Belkin International, Inc., Walmart Inc,. (Attachments: #1 Summons) (Davis, Kimberly) (Entered: 10/21/2021)

#14

(#14) ORDER granting #12 Motion to Substitute Attorney. Added attorney Keara M. Gordon for Walmart Inc. Attorney Peter Nathan Kessler terminated on behalf of Walmart, Inc. ( Ordered by Judge Brian M. Cogan on 12/13/2021 ) (Guzzi, Roseann) (Entered: 12/13/2021)

#13

(#13) Letter Joint letter in advance of the December 16, 2021 Initial Status Conference by Belkin International, Inc., Walmart Inc, (Gordon, Keara) (Entered: 12/10/2021)

#12

(#12) MOTION to Substitute Attorney by Walmart Inc,. (Gordon, Keara) (Entered: 12/10/2021)

#11

(#11) Corporate Disclosure Statement by Walmart Inc, (Kessler, Peter) (Entered: 11/23/2021)

#5

#3

#2

1 #3

Proposed Summons Proposed Summons to Walmart Inc.

1 #2

Proposed Summons Proposed Summons to Belkin International, Inc.

1 #1

Civil Cover Sheet Civil Cover Sheet

1 #1

Main Document

11 More Documents Available
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Docket Entries

  • 12/14/2021

  • DocketNOTICE of Hearing: Initial Status Conference set for 12/16/2021 is reset to 12/21/2021 at 3:30 pm. Parties will use the toll-free number 888-684-8852 followed by access code 6427877#. When the conference begins parties will be prompted to input the security code 5862#. (Weisberg, Peggy) (Entered: 12/14/2021)

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  • 12/14/2021
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  • DocketORDER granting #15 Nancy Sims' Motion for Leave to Appear Pro Hac Vice as counsel for defendants. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee. Ordered by Judge Brian M. Cogan on 12/14/2021. (Weisberg, Peggy) (Entered: 12/14/2021)

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  • 12/13/2021
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  • Docket(#15) MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-15112256. by Belkin International, Inc., Walmart Inc,. (Attachments: #1 Certificate of Good Standing- California State, #2 Certificate of Good Standing- Central District of California, #3 Affidavit in Support Affidavit of Nancy Sims in Support of Motion for Admission Pro Hac Vice, #4 Proposed Order) (Gordon, Keara) (Entered: 12/13/2021)

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  • 12/13/2021
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  • Docket(#14) ORDER granting #12 Motion to Substitute Attorney. Added attorney Keara M. Gordon for Walmart Inc. Attorney Peter Nathan Kessler terminated on behalf of Walmart, Inc. ( Ordered by Judge Brian M. Cogan on 12/13/2021 ) (Guzzi, Roseann) (Entered: 12/13/2021)

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  • 12/10/2021
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  • Docket(#13) Letter Joint letter in advance of the December 16, 2021 Initial Status Conference by Belkin International, Inc., Walmart Inc, (Gordon, Keara) (Entered: 12/10/2021)

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  • 12/10/2021
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  • Docket(#12) MOTION to Substitute Attorney by Walmart Inc,. (Gordon, Keara) (Entered: 12/10/2021)

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  • 11/23/2021
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  • Docket(#11) Corporate Disclosure Statement by Walmart Inc, (Kessler, Peter) (Entered: 11/23/2021)

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  • 11/17/2021
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  • DocketORDER granting #9 . Defendant Belkin's time to answer is extended to 12/20/2021. Ordered by Judge Brian M. Cogan on 11/17/2021. (Weisberg, Peggy) (Entered: 11/17/2021)

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  • 11/17/2021
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  • Docket(#10) Corporate Disclosure Statement by Belkin International, Inc. (Gordon, Keara) (Entered: 11/17/2021)

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  • 11/17/2021
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  • Docket(#9) MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Belkin International, Inc.. (Gordon, Keara) (Entered: 11/17/2021)

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  • 11/16/2021
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  • DocketORDER granting in part #8 . Defendant Walmart's time to answer is extended to 12/20/2021. Initial Status Conference is adjourned to 12/16/2021 at 11:30 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 5862#, and they are reminded to comply with the mandatory requirements for the conference set forth at #5 . Ordered by Judge Brian M. Cogan on 11/16/2021. (Weisberg, Peggy) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#8) Letter MOTION for Extension of Time to File Answer (Unopposed) by Walmart Inc,. (Kessler, Peter) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#7) SUMMONS Returned Executed by Jeremy Shepherd. Walmart Inc, served on 10/28/2001, answer due 11/18/2001. (Kelly, James) (Entered: 11/16/2021)

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  • 11/16/2021
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  • Docket(#6) SUMMONS Returned Executed by Jeremy Shepherd. Belkin International, Inc. served on 10/28/2001, answer due 11/18/2001. (Kelly, James) (Entered: 11/16/2021)

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  • 10/21/2021
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  • Docket(#5) SCHEDULING ORDER: A telephonic Initial Status Conference is set for 12/2/2021 at 11:00 am. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 5862#. See attached mandatory requirements for the conference. Ordered by Judge Brian M. Cogan on 10/21/2021. (Weisberg, Peggy) (Main Document 5 replaced on 10/21/2021) (Weisberg, Peggy). (Entered: 10/21/2021)

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  • 10/21/2021
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  • Docket(#4) Summons Issued as to Belkin International, Inc., Walmart Inc,. (Attachments: #1 Summons) (Davis, Kimberly) (Entered: 10/21/2021)

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  • 10/21/2021
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  • Docket(#3) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 10/21/2021)

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  • 10/21/2021
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  • Docket(#2) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 10/21/2021)

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  • 10/21/2021

  • DocketCase Assigned to Judge Brian M. Cogan. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 10/21/2021)

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  • 10/21/2021
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  • Docket(#1) COMPLAINT against Belkin International, Inc., Walmart Inc, filing fee $ 402, receipt number ANYEDC-14954769 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Jeremy Shepherd. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Proposed Summons Proposed Summons to Belkin International, Inc., #3 Proposed Summons Proposed Summons to Walmart Inc.) (Kelly, James) (Entered: 10/21/2021)

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