Hayes v. Wal-Mart

OPINION

SIMANDLE, Chief Judge.

I. INTRODUCTION

This matter is before the court on Plaintiff William Hayes’ (“Plaintiff’) motion for class certification [Docket Item 27]. The Defendant, Wal-Mart Stores Inc. d/b/a Sam’s Club (“Defendant” or “Sam’s Club”) filed opposition to this motion. Following oral argument, the motion was temporarily stayed at the request of the parties, and the stay was recently lifted.

In this action, Plaintiff alleges that Sam’s Club marketed, represented and sold to its members Sam’s Club Service agreements for as-is products without disclosing to the purchaser that as-is…