Sunday, December 1, 2013

Klocek v. Gateway case brief

Klocek v. Gateway case brief summary
104 F. Supp. 2D 1332 (2000)

In a suit arising from the sale of defendant manufacturer's computer and co-defendant manufacturer's sale of scanner to plaintiff, defendant computer manufacturer filed a motion to dismiss; defendant scanner manufacturer filed a motion to dismiss or in the alternative for stay of proceedings; and plaintiff pro se filed a motion to certify a class; a motion for writ of certiorari; motion for verification; and a motion for sanctions.

Plaintiff pro se brought suit against computer manufacturer and scanner manufacturer on claims arising from purchases of a computer and a scanner. Defendants each filed a motion to dismiss. The computer manufacturer argued that the case should be dismissed because plaintiff had agreed to arbitrate any disputes. The scanner manufacturer argued that plaintiff failed to allege the minimum amount in controversy for diversity jurisdiction. Among the plaintiff's four motions was a motion to certify a class.


  • The court held that the computer manufacturer had not provided evidence sufficient to support a finding that plaintiff agreed to the arbitration provision contained in its standard terms, which it mailed inside its computer box for plaintiff's later perusal. 
  • Alternatively, the court held that the motion was procedurally defective, as it did not address the choice of law issue. 
  • The scanner manufacturer's motion to dismiss was granted; plaintiff failed to satisfy the diversity jurisdictional amount.
  • Lastly, the court denied plaintiff's motion to certify a class because plaintiff was appearing pro se, and thus, was not an adequate representative.

Defendant computer manufacturer's motion to dismiss denied, as it was not certain that plaintiff agreed to arbitration. Alternatively, defendant's motion was procedurally defective. Defendant scanner manufacturer's motion to dismiss granted, as plaintiff failed to allege minimum jurisdictional amount for diversity jurisdiction purposes. Plaintiff's motions were denied in their entirety.

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