KEVIN KHOA NGUYEN, an individual, on behalf of himself and all others similarly situated, Plaintiff-Appellee,
BARNES & NOBLE INC., Defendant-Appellant
Argued and Submitted May 16, 2014, Pasadena, California
Appeal from the United States District Court for the Central District of California. D.C. No. 8:12-cv-00812-JST-RNB. Josephine L. Staton, District Judge, Presiding.
Michelle C. Doolin (argued), Leo P. Norton, and Erin E. Goodsell, Cooley LLP, San Diego, California, for Defendant-Appellant.
Gretchen Carpenter (argued), and Brian R. Strange, Strange & Carpenter, Los Angeles, California, for Plaintiff-Appellee.
Before: John T. Noonan and Kim McLane Wardlaw, Circuit Judges, and Roslyn O. Silver, Senior District Judge.[*]
NOONAN, Circuit Judge.
We therefore affirm the district court's denial of Barnes & Noble's motion to compel arbitration and to stay court proceedings.
The underlying facts are not in dispute. Barnes & Noble is a national bookseller that owns and operates hundreds of bookstores as well as the website < www.barnesandnoble.com> . In August 2011, Barnes & Noble, along with other retailers across the country, liquidated its inventory of discontinued Hewlett-Packard Touchpads (" Touchpads" ), an unsuccessful competitor to Apple's iPad, by advertising a " fire sale" of Touchpads at a heavily discounted price. Acting quickly on the nationwide liquidation of Touchpads, Nguyen purchased two units on Barnes & Noble's website on August 21, 2011, and received an email confirming the transaction. The following day, Nguyen received another email informing him that his order had been cancelled due to unexpectedly high demand. Nguyen alleges that, as a result of " Barnes & Noble's representations, as well as the delay in informing him it would not honor the sale," he was " unable to obtain an HP Tablet during the liquidation period for the discounted price," and was " forced to rely on substitute tablet technology,
which he subsequently purchased . . . [at] considerable ...