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The Pony LuLaRoe class action, the second to be brought in California, was arbitrarily dismissed.
However, the case is not yet closed. The Pony LuLaRoe class-action lawsuit was last covered in July 2021.
At that time, LulaRoe had just reached a settlement with each plaintiff in the initial class action.
In the Pony class action, which was still pending, LuLaRoe filed a motion to compel arbitration. Plaintiff Jessica Ponkey and LulaRoe were ordered by the court to enter arbitration in August 2022.
A Final Arbitration Award was issued in April 2022 as the result of the arbitration. Due to a one-year statute of limitations clause in the relevant contract between the parties, LuLaRoe petitioned for judgment during the arbitration procedures on the grounds that defendant Ponkey’s was ineligible.
The litigation and arbitration were effectively concluded when LuLaRoe’s application was granted by the Final Arbitration Award.
Plaintiff Ponkey hinted that she planned to appeal in a notice dated May 27th, advising the court of the Final Arbitration Award.
Later that day, Ponkey informed the court that she had appealed the case to the Ninth Circuit. moved to confirm the Final Arbitration Award on June 8th in the interim. On June 10th, Ponkey submitted a notice of non-opposition to the request for confirmation.
On June 22, the court approved LuLaRoe’s request. By doing this, the case’s stay, which was imposed when arbitration proceedings were authorized, is lifted.
As things stand, Plaintiff Ponkey’s appeal will determine whether there is anything left to argue. The Final Arbitration Award might be overturned if granted, sending the case back to the District Court.
If the award is upheld, Ponkey is back at square one and the case is over.
I’ll keep an eye on the docket for developments relating to Plaintiff Ponkey’s appeal.
