Schwartz v. Upper Deck Co.

ORDER DENYING MOTION FOR CLASS CERTIFICATION

BREWSTER, Senior District Judge.

I. Introduction

This case asks whether the practice of inserting a “chase” or “insert” card into packages of sports cards constitutes an illegal lottery or gambling. This Court has held that “as long as plaintiffs allege that they purchased packages of Upper Deck trading cards at least partially for the chance of winning a valuable chase card, then they have sufficiently alleged ‘racketeering activity1 for purposes of RICO.” Schwartz v. Upper Deck (I), 956 F.Supp. 1552, 1558 (S.D.Cal.1997). Plaintiffs move to certify…