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 2022 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.