Miawy, Onjer Fort (0$97) ( ?)
United States District Court, Northern District of Illinois
Name of Assigned Judge James B. Moran Sitting Judge if Other
or Magistrate Judge than Assigned Judge
CASE NUMBER 02 C 8435 DATE 2/7/2003
CASE Terry Xydakis etc. Vs. Target, Inc. etc.
TITLE .
Un the following box (a) indicate the party filing the motion, e.g., plaintiff, defendant, 3rd party plaintiff, and (b) state briefly the nature
MOTION: of the motion being presented.]
Memorandum Opinion and Order
DOCKET ENTRY:
QQ) Qa Filed motion of [ use listing in “Motion” box above.]
(2) im Brief in support of motion due
eB) Oo Answer brief to motion due____. Reply to answer brief due
(4) a Ruling/Hearingon set for____at
(5) a Status hearing[held/continued to] [set for/re-set for]on__—sset for at
(6) Oo Pretrial conference[held/continued to] [set for/re-set for]on____——ssetfor saat
(7) o Trial[set for/re-set for]on___at
(8) oO [Bench/Jury trial] [Hearing] held/continued to__—_at
(9) im This case is dismissed [with/without] prejudice and without costs[by/agreement/pursuant to]
OFRCP4(m) O Local Rule 41.1 OFRCP41(a)(1) 1 FRCP41(a)(2).
do) =f [Other docket entry] | Enter Memorandum Opinion and Order. Defendant’s motion to amend

November 27, 2002 protective order is granted.

(ll) wf [For further detail see order attached to the original minute order.]
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IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION
TERRY XYDAKIS, on behalf of himself and. )
all other persons similarly situated, ) LW] Boxe fs ))
Plaintiff, } FEB 19 2003
vs. } No. 02 C 8435
TARGET. INC., d/b/a MARSHALL FIELDS, }
Defendant. }

MEMORANDUM OPINION AND ORDER

According to the complaint, plaintiff, inspired by Marshall Fields’ flyer advertising an
All-Clad grill pan regularly sold for $130 as on sale for $39.99, embarked on a determined
effort to buy one. Despite a number of efforts to do so, he was unable to find any available.
This lawsuit followed. A week later he obtained an ex parte order forbidding defendant from
destroying any records that pertain to any putative class members or which indicate the
identity of any putative class members, or which may assist in identifying any such members.
The class is defined as “all persons unable to purchase an advertised product of the
Defendant’s {sic} during their sale period because the product was not in stock.”

Defendant now seeks to amend the protective order to confine putative class members
to all persons unable to purchase the All Clad grill pan regularly priced at $130 that defendant
Marshall Fields advertised as being on sale for $39.99 during the August 4, 2002 through
August 10, 2002 sale period, because the product was not in stock. Its motion, in essence,
raises concerns about the scope of this lawsuit. While we agree with plaintiff that such a

motion is an inappropriate means of determining class issues, we are mindful of the

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No. 02 C 8435 Page2

extraordinary scope of the present order. It requires defendant to safeguard waiting lists over
an indefinite period from every Marshall Fields and Target store in the United States. But this
lawsuit is about an unsuccessful search for a particular item after receipt of a specific
Chicagoland Marshall Fields flyer.

Perhaps defendant’s conduct with respect to other advertised products may be relevant
and perhaps the appropriate class may extend beyond disappointed All-Clad grill pan seekers.
But we think that universe cannot, in any event, extend as broadly as the present order
suggests. For now we amend the order to confine putative class members to all persons unable
to purchase at any Chicagoland Marshall Fields store any of the items advertised in the August

2002 flyer because the product was not in stock.

Somes Br. Meee

JAMES B. MORAN
Senior Judge, U, S. District Court

Fl. 7 , 2003.