Harrison v. IFit Health & Fitness et al
| Patrina Harrison |
| IFit Health & Fitness, Icon Health & Fitness / NordicTrack and UTS |
| 4:2021cv10079 |
| December 30, 2021 |
| US District Court for the Northern District of California |
| Phyllis J Hamilton |
| Personal Inj. Prod. Liability |
| 28 U.S.C. § 1332 Diversity-Product Liability |
| None |
Docket Report
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This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.
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Filing 39
USCA REFERRAL NOTICE as to #37 Notice of Appeal to the Ninth Circuit, filed by Patrina Harrison. (mcl, COURT STAFF) (Filed on 9/12/2022)
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Filing 38
USCA Case Number 22-16233 for #37 Notice of Appeal to the Ninth Circuit, filed by Patrina Harrison. (mcl, COURT STAFF) (Filed on 8/16/2022)
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Filing 37
NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Patrina Harrison. (IFP Request was previously e-filed with the Court). (Attachments: #1 Exhibit Order Granting Motion to Dismiss First Amended Complaint, #2 Representation Statement)(Harrison, Patrina) (Filed on 8/12/2022) Modified on 8/12/2022 (mcl, COURT STAFF).
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Filing 36
JUDGMENT. Signed by Judge Phyllis J. Hamilton on August 11, 2022. (pjhlc1, COURT STAFF) (Filed on 8/11/2022)
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Filing 35
Order GRANTING #30 Motion to Dismiss without leave to amend. Signed by Judge Phyllis J. Hamilton on August 11, 2022. (pjhlc1, COURT STAFF) (Filed on 8/11/2022)
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Civil Case Terminated. (kc, COURT STAFF) (Filed on 8/11/2022)
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Filing 34
CLERK'S NOTICE VACATING MOTION HEARING. YOU ARE HEREBY NOTIFIED that the hearing set for 8/11/2022 re #30 Motion to Dismiss First Amended Complaint is VACATED. The matter will be decided on the papers. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Filed on 8/8/2022)
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Filing 33
CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing re #30 Motion to Dismiss set for 8/11/2022 at 01:30 PM - Videoconference Only before Judge Phyllis J. Hamilton. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/pjh General Order 58. Persons granted access to court proce edings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Fi led on 8/4/2022)
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Filing 32
REPLY (re #30 MOTION to Dismiss ) DEFENDANTS REPLY TO PLAINTIFFS OPPOSITION TO MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT PURSUANT TO FEDERAL RULES OF CIVIL PROCEDURE 9(b), 12(b)(1) & 12(b)(6); MEMORANDUM OF POINTS AND AUTHORITIES filed byIFit Health & Fitness. (Mathews, Bradley) (Filed on 7/19/2022)
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Filing 31
OPPOSITION/RESPONSE (re #30 MOTION to Dismiss ) filed byPatrina Harrison. (Harrison, Patrina) (Filed on 7/12/2022)
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Reset Hearing Location as to #30 MOTION to Dismiss . Motion Hearing set for 8/11/2022 at 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. (kc, COURT STAFF) (Filed on 6/22/2022)
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Filing 30
MOTION to Dismiss filed by IFit Health & Fitness. Motion Hearing set for 8/11/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Phyllis J. Hamilton. Responses due by 7/6/2022. Replies due by 7/13/2022. (Attachments: #1 Motion to Dismiss, #2 Proposed Order)(Mathews, Bradley) (Filed on 6/22/2022) Modified on 6/23/2022 (mcl, COURT STAFF).
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Filing 29
***DISREGARD, ENTERED IN ERROR. SEE DOCKET #30 FOR CORRECTED ENTRY.***MOTION to Dismiss filed by IFit Health & Fitness. Motion Hearing set for 8/11/2022 01:30 PM in San Francisco, Courtroom 03, 17th Floor before Judge Phyllis J. Hamilton. Responses due by 7/6/2022. Replies due by 7/13/2022. (Attachments: #1 Proposed Order)(Mathews, Bradley) (Filed on 6/22/2022) Modified on 6/23/2022 (kc, COURT STAFF).
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Filing 28
AMENDED COMPLAINT FIRST AMENDED COMPLAINT against All Parties. Filed byPatrina Harrison. (Harrison, Patrina) (Filed on 6/8/2022)
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Filing 27
Order GRANTING #15 defendant's motion to dismiss with leave to amend. Signed by Judge Phyllis J. Hamilton on May 13, 2022. (pjhlc1, COURT STAFF) (Filed on 5/13/2022)
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Set Deadlines: Amended Pleadings due by 6/10/2022. (kc, COURT STAFF) (Filed on 5/13/2022)
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Filing 26
CLERK'S NOTICE VACATING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that the Initial Case Management Conference set for 5/19/2022 at 2:00 p.m. is VACATED. Case management conference to be reset following the decision on the motion to dismiss. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Filed on 5/11/2022)
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Filing 25
Minute Entry for proceedings held before Judge Phyllis J. Hamilton: Motion Hearing held on 4/28/2022 re #15 MOTION to DismissTotal Time in Court: 14 minutes. Court Reporter: Pamela Batalo-Hebel. (bns, COURT STAFF) (Date Filed: 4/28/2022)
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Filing 24
CLERKS NOTICE SETTING ZOOM HEARING. Motion Hearing re #15 Motion to Dismiss set for 4/28/2022 at 01:30 PM - Videoconference Only before Judge Phyllis J. Hamilton. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at #https://www.cand.uscourts.gov/pjh General Order 58. Persons granted access to court proce edings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: #https://www.cand.uscourts.gov/zoom/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Fi led on 4/26/2022)
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#Electronic filing error. Incorrect PDF attached. [err201] This filing will not be processed by the clerks office re #23 Joint Case Management Statement filed by UTS, IFit He alth & Fitness, Icon Health & Fitness / NordicTrack. ***Document incomplete, only page 1 of 4 attached. Case management conference has been continued. Statement not due until 5/12/2022 in this case.*** (kc, COURT STAFF) (Filed on 4/8/2022)
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Filing 23
* ERRONEOUS ENTRY * JOINT CASE MANAGEMENT STATEMENT filed by IFit Health & Fitness, Icon Health & Fitness / NordicTrack, UTS. (Mathews, Bradley) (Filed on 4/7/2022) Modified on 4/8/2022 (mcl, COURT STAFF).
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Filing 22
REPORT of Rule 26(f) Planning Meeting on behalf of Defendants, iFIT INC. (erroneously sued as IFIT HEALTH & FITNESS; ICON HEALTH & FITNESS/NORDICTRACK; AND UTS). (Mathews, Bradley) (Filed on 4/7/2022)
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Filing 21
CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. YOU ARE HEREBY NOTIFIED that the Initial Case Management Conference, previously set for 4/14/2022, is continued to 5/19/2022 at 02:00 PM - Videoconference Only. Joint Case Management Statement due by 5/12/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kc, COURT STAFF) (Filed on 4/6/2022)
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Filing 20
REPLY (re #15 MOTION to Dismiss ) To Plaintiff's Opposition to Motion to Dismiss Pursuant to Federal Rules of Civil Procedure 9(b), 12(b)(1) & 12(b)(6); Memorandum of Points and Authorities filed byIFit Health & Fitness, Icon Health & Fitness / NordicTrack, UTS. (Mathews, Bradley) (Filed on 4/4/2022)
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#Electronic filing error. This filing will not be processed by the clerks office re: #19 Report of Rule 26(f) Planning Meeting filed by Patrina Harrison. ***Pursuant to FRCP 5(d)(1)(A) discovery requests should not be filed with the court.*** (kc, COURT STAFF) (Filed on 4/4/2022)
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Filing 19
REPORT of Rule 26(f) Planning Meeting Plaintiff's Rule 26(f) Initial Disclosures. (Harrison, Patrina) (Filed on 4/1/2022)
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Filing 18
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Mathews, Bradley) (Filed on 3/28/2022)
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Filing 17
OPPOSITION to #15 MOTION to Dismiss Complaint by Patrina Harrison. (Attachments: #1 Declaration of Patrina Harrison In Support of Opposition to Motion to Dismiss, #2 Proposed Order Denying Motion to Dismiss)(Harrison, Patrina) (Filed on 3/23/2022) Modified on 3/23/2022 (mcl, COURT STAFF). Modified on 3/24/2022 (kc, COURT STAFF).
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Filing 16
NOTICE of Appearance by R. Bryan Martin on behalf of Defendants, IFIT INC. (erroneously sued as IFIT HEALTH & FITNESS; ICON HEALTH & FITNESS/NORDICTRACK; AND UTS (Martin, R.) (Filed on 3/16/2022)
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Filing 15
MOTION to Dismiss filed by IFit Health & Fitness, Icon Health & Fitness / NordicTrack, UTS. Motion Hearing set for 4/28/2022 01:30 PM in Oakland, Courtroom 3, 3rd Floor before Judge Phyllis J. Hamilton. Responses due by 3/29/2022. Replies due by 4/5/2022. (Attachments: #1 Declaration, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Proposed Order)(Mathews, Bradley) (Filed on 3/15/2022)
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Filing 14
NOTICE of Appearance by Bradley Robert Mathews on behalf of Defendants, iFIT INC. (erroneously sued as IFIT HEALTH & FITNESS; ICON HEALTH & FITNESS/NORDICTRACK; AND UTS) (Mathews, Bradley) (Filed on 3/15/2022)
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Filing 13
NOTICE of Appearance by R. Bryan Martin on behalf of Defendants, IFIT INC. (erroneously sued as IFIT HEALTH & FITNESS; ICON HEALTH & FITNESS/NORDICTRACK; AND UTS (Martin, R.) (Filed on 3/15/2022)
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Filing 12
NOTICE of Appearance by Bradley Robert Mathews on behalf of Defendants, iFIT INC. (erroneously sued as IFIT HEALTH & FITNESS; ICON HEALTH & FITNESS/NORDICTRACK; AND UTS) (Mathews, Bradley) (Filed on 3/15/2022)
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#Electronic filing error. This filing will not be processed by the clerks office. Re: #13 Notice of Appearance filed by UTS, IFit Health & Fitness, Icon Health & Fitness / N ordicTrack. Attorney R. Bryan Martin should update the profile in the attorney database as the current docket shows that the attorney is with the law firm of Haight Brown & Bonesteel LLP. (mcl, COURT STAFF) (Filed on 3/15/2022)
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#Electronic filing error. This filing will not be processed by the clerks office. Re: #13 Notice of Appearance filed by UTS, IFit Health & Fitness, Icon Health & Fitness / N ordicTrack. Attorney Bradley Robert Mathews should update the profile in the attorney database as the current docket shows that the attorney is with the law firm of Jackson DeMarco Tidus Petersen Peckenpaugh. (mcl, COURT STAFF) (Filed on 3/15/2022)
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#Electronic filing error. Incorrect event used. The correct event is WAIVER OF SERVICE EXECUTED. [err101]Corrected by Clerk's Office. No further action is necessary. Re: #11 Request for Waiver of Service, filed by Patrina Harrison. (mcl, COURT STAFF) (Filed on 3/2/2022)
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Filing 11
WAIVER of Service returned executed by Patrina Harrison. Service waived by IFit Health & Fitness, Icon Health & Fitness, UTS, waiver sent on 12/30/2021, answer due 2/28/2022. (Harrison, Patrina) (Filed on 3/1/2022) Modified on 3/2/2022 (mcl, COURT STAFF).
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Filing 10
Acknowledgement of Receipt by U.S. Marshal re #8 Summons Issued (slh, COURT STAFF) (Filed on 1/31/2022)
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Filing 9
CERTIFICATE OF SERVICE by Patrina Harrison (Attachments: #1 Exhibit Return Receipt)(Harrison, Patrina) (Filed on 1/13/2022)
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Filing 8
Summons Issued as to IFit Health & Fitness, Icon Health & Fitness, UTS. (Attachments: #1 USM forms)(slh, COURT STAFF) (Filed on 1/7/2022)
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Service packet delivered to the U.S. Marshals Post Box in the Clerks Office mailroom. (slh, COURT STAFF) (Filed on 1/7/2022)
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Filing 7
Order granting #4 Motion for Leave to Proceed in forma pauperis and screening #1 Complaint. Signed by Judge Phyllis J. Hamilton on January 6, 2022.(pjhlc1, COURT STAFF) (Filed on 1/6/2022)Any non-CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF)
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Filing 6
Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 4/7/2022. Initial Case Management Conference set for 4/14/2022 at 2:00 PM in Oakland, Courtroom 3, 3rd Floor. (wsn, COURT STAFF) (Filed on 12/30/2021)
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Filing 5
ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options by Patrina Harrison. (wsn, COURT STAFF) (Filed on 12/30/2021)
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Filing 4
MOTION for Leave to Proceed in forma pauperis filed by Patrina Harrison. (wsn, COURT STAFF) (Filed on 12/30/2021)
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Filing 3
CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Patrina Harrison. (wsn, COURT STAFF) (Filed on 12/30/2021)
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Filing 2
Proposed Summons. (wsn, COURT STAFF) (Filed on 12/30/2021) (Main Document 2 replaced on 1/7/2022) (wsn, COURT STAFF).
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Filing 1
COMPLAINT against IFit Health & Fitness, Icon Health & Fitness / NordicTrack, UTS (IFPP. No Process). Filed by Patrina Harrison. (Attachments: #1 Civil Cover Sheet)(wsn, COURT STAFF) (Filed on 12/30/2021)
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