Ponkey LuLaRoe class-action dismissed thru arbitration
The Ponkey LuLaRoe class-action, the second filed in California, has been dismissed through arbitration.
The case isn’t over just yet though.
We last reported on the Ponkey LuLaRoe class-action in July 2021. At the time all Plaintiffs in the first class-action had just settled with LuLaRoe.
LuLaRoe had filed a motion to compel arbitration in the Ponkey class-action, which was yet to be decided.
In August 2021 the court ordered Plaintiff Jessica Ponkey and LuLaRoe into arbitration.
The outcome of arbitration was a Final Arbitration Award, issued in April 2022.
During arbitration proceedings, LuLaRoe moved for judgment on the basis Defendant Ponkey’s
are barred by a one-year statute of limitations provision in the applicable contract between the parties.
The Final Arbitration Award granted LuLaRoe’s motion, effectively ending arbitration and the case.
In a May 27th notice informing the court of the Final Arbitration Award, Plaintiff Ponkey suggested she intended to file an appeal.
Later that same day Ponkey informed the court she had indeed filed an appeal in the Ninth Circuit.
LuLaRoe meanwhile moved to confirm the Final Arbitration Award on June 8th. Ponkey filed a non-opposition notice to the confirmation request on June 10th.
The court granted LuLaRoe’s motion on June 22nd. This lifts the stay on the case, imposed when arbitration proceedings were ordered.
As it stands, whether there’s anything left to litigate hinges on Plaintiff Ponkey’s appeal.
If granted, the Final Arbitration Award could be overturned, punting proceedings back to the District Court.
If the award is upheld, Ponkey is back at square one and the case is over.
I’ll continue to monitor the docket for updates regarding Plaintiff Ponkey’s appeal.
Update 26th July 2022 – A June 29th filing advises the court that Plaintiff Ponkey filed an appeal with the Ninth Circuit on May 27th.
As per a follow up order from the Ninth Circuit on July 18th;
The opening brief and excerpts of record are due August 16, 2022. The answering brief is due September 15, 2022. The optional reply brief is due within 21 days after service of the answering brief.
I won’t be covering those individual filings but will continue to monitor the docket for an appeal decision.
Update 23rd August 2023 – Plaintiff Ponkey has prevailed in her appeal.
The Ninth Circuit found LuLaRoe’s awarded arbitration to be unenforceable under California law.
In a memorandum order issued on July 31st, 2023, the Ninth Circuit reversed the District Court’s arbitration proceedings.