Zeller v. Optavia, LLC et al
Jamie Zeller and Angelica Alpert |
Optavia, LLC and Medifast, Inc. |
3:2022cv00434 |
April 1, 2022 |
US District Court for the Southern District of California |
Michael S Berg |
Barry Ted Moskowitz |
Dana M Sabraw |
Contract Product Liability |
28 U.S.C. § 1332 oc Diversity-Other Contract |
Plaintiff |
Docket Report
This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
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Filing 43 ORDER granting extension of time to amend the Complaint to on or before 2/27/2023. Signed by Chief District Judge Dana M. Sabraw on 1/23/2023. (jpp) |
Filing 42 Joint MOTION for Extension of Time to Amend by Angelica Alpert, Jamie Zeller. (Jacobson, Jonas) (jpp). |
Filing 41 ORDER granting Extension of Time to Amend the Complaint. Signed by Chief District Judge Dana M. Sabraw on 1/05/2023. (jpp) |
Filing 40 MOTION for Extension of Time to Amend by Angelica Alpert, Jamie Zeller. (Attachments: #1 Proposed Order)(Jacobson, Jonas) (jpp). |
Filing 39 ORDER granting Defendant Medifast, Inc.'s Amended Motion to Dismiss. Signed by Chief District Judge Dana M. Sabraw on 12/22/2022. (jpp) |
Filing 38 ORDER granting in part and denying in part Defendant Optavia, LLC's motion to dismiss. Signed by Chief District Judge Dana M. Sabraw on 12/22/2022. (jpp) |
Filing 37 ORDER vacating motion hearing. Signed by Chief District Judge Dana M. Sabraw on 10/06/2022.(jpp) |
Filing 36 ORDER granting #34 Defendants' unopposed Motion to reset hearing date for Defendants' motions to dismiss. Motion Hearings continued to 10/28/2022 at 1:30pm. Signed by Chief District Judge Dana M. Sabraw on 8/26/2022. (jpp) |
Filing 35 RESPONSE in Support re #18 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim Response to Sur-Reply filed by Optavia, LLC. (Cohen, Lainie) (jpp). |
Filing 34 MOTION for Hearing for Defendants' Motions to Dismiss by Medifast, Inc., Optavia, LLC. (Mallow, Michael) (jpp). |
Filing 33 SUR-REPLY - re #18 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Angelica Alpert, Jamie Zeller. (Jacobson, Jonas) (jpp). |
Filing 32 ORDER resetting motion hearing. Signed by Chief District Judge Dana M. Sabraw on 8/24/2022.(jpp) |
Filing 31 ORDER regarding further briefing. Signed by Chief District Judge Dana M. Sabraw on 8/24/2022.(jpp) |
Filing 30 RESPONSE in Opposition re #29 Ex Parte MOTION for Leave to File surreply filed by Optavia, LLC. (Cohen, Lainie) (jpp). |
Filing 29 Ex Parte MOTION for Leave to File surreply by Angelica Alpert, Jamie Zeller. (Attachments: #1 Exhibit 1)(Jacobson, Jonas) (jpp). |
Filing 28 REPLY to Response to Motion re #18 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Optavia, LLC. (Attachments: #1 Request for Judicial Notice Reply in Further Support)(Cohen, Lainie) (jpp). |
Filing 27 REPLY to Response to Motion re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Medifast, Inc.. (Attachments: #1 Supplement Objection to Evidence Submitted in Opposition)(Cohen, Lainie) M (jpp). |
Filing 26 ORDER Granting Defendant Optavia, LLC's Ex Parte Motion for Leave to Exceed Page Limit of Reply Brief in Support of It's Motion to Dismiss. Signed by Chief District Judge Dana M. Sabraw on 8/11/2022. (anh) |
Filing 25 Ex Parte MOTION for Leave to File Excess Pages of Reply Brief in Support of its Motion to Dismiss by Optavia, LLC. (Attachments: #1 Declaration of Rachel A. Straus, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Mallow, Michael)Attorney Michael L. Mallow added to party Optavia, LLC(pty:dft) QC Email: proposed order (anh). |
Filing 24 RESPONSE in Opposition re #18 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Angelica Alpert, Jamie Zeller. (Attachments: #1 Exhibit 1)(Jacobson, Jonas) (jpp). |
Filing 23 RESPONSE re #18 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim (Opposition to Request for Judicial Notice) filed by Angelica Alpert, Jamie Zeller. (Attachments: #1 Exhibit A)(Jacobson, Jonas) (jpp). |
Filing 22 RESPONSE in Opposition re #17 MOTION to Dismiss for Lack of Jurisdiction filed by Angelica Alpert, Jamie Zeller. (Attachments: #1 Declaration of Jonas Jacobson, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Jacobson, Jonas) (jpp). |
Filing 21 MINUTE ORDER OF RECUSAL. Judge Barry Ted Moskowitz is no longer assigned. Case reassigned to Chief District Judge Dana M. Sabraw for all further proceedings. The new case number is 22cv434-DMS-MSB.(no document attached) (sjt) |
Filing 20 Amended MOTION to Dismiss for Lack of Jurisdiction by Medifast, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order)(Mallow, Michael)Attorney Michael L. Mallow added to party Medifast, Inc.(pty:dft) (sjt). |
Filing 19 ORDER Approving the Pro Hac Vice Application of Robert A. Giacovas, re #15 Request to Appear Pro Hac Vice. Signed by Judge Barry Ted Moskowitz on 7/8/2022.(rmc) |
Filing 18 MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Optavia, LLC. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Hash Tewari, #3 Exhibit 1 to Declaration, #4 Exhibit 2 to Declaration, #5 Exhibit 3 to Declaration, #6 Exhibit 4 to Declaration, #7 Exhibit 5 to Declaration, #8 Exhibit 6 to Declaration, #9 Request for Judicial Notice, #10 Proposed Order)(Cohen, Lainie) (QC mailer sent re: proposed order attached) (sjt). |
Filing 17 MOTION to Dismiss for Lack of Jurisdiction by Medifast, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Proposed Order)(Cohen, Lainie) (QC mailer sent re: proposed order attached) (sjt). |
Filing 16 NOTICE of Party With Financial Interest by Medifast, Inc., Optavia, LLC and Corporate Disclosure Statement (Mallow, Michael) (sjt). |
Filing 15 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16933199.) (Application to be reviewed by Clerk.) (Attachments: #1 Proof of Service)(Giacovas, Robert) (rmc). |
Filing 14 NOTICE of Appearance by Rachel A. Straus on behalf of Medifast, Inc., Optavia, LLC (Straus, Rachel)Attorney Rachel A. Straus added to party Medifast, Inc.(pty:dft), Attorney Rachel A. Straus added to party Optavia, LLC(pty:dft) (sjt). |
Filing 13 ORDER granting #12 Motion for Extension of Time to Response to Amended Complaint. Signed by Judge Barry Ted Moskowitz on 6/2/2022. (sjt) |
Filing 12 MOTION for Extension of Time to File Response to Amended Complaint by Medifast, Inc., Optavia, LLC. (Attachments: #1 Proposed Order, #2 Proof of Service)(Cohen, Lainie) (QC mailer sent re: proposed order attached) (sjt). |
Filing 11 NOTICE by Jamie Zeller re #10 Amended Complaint (Attachments: #1 Exhibit 1)(Jacobson, Jonas)(sjt). |
Filing 10 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Jamie Zeller. (Jacobson, Jonas) (sjt). |
Filing 9 ORDER Approving the Pro Hac Vice Application of Kevin William Fay, re #7 Request to Appear Pro Hac Vice. Signed by Judge Barry Ted Moskowitz on 5/9/2022.(rmc) |
Filing 8 ORDER Approving the Pro Hac Vice Application of Kenneth Jay Grunfeld, re #6 Request to Appear Pro Hac Vice. Signed by Judge Barry Ted Moskowitz on 5/4/2022.(rmc) |
Filing 7 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16793119.) (Application to be reviewed by Clerk.) (Fay, Kevin) (rmc). |
Filing 6 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-16791021.) (Application to be reviewed by Clerk.) (Grunfeld, Kenneth) (rmc). |
Filing 5 ORDER granting #4 Motion for Extension of Time to Respond to Complaint. Signed by Judge Barry Ted Moskowitz on 4/25/2022. (sjt) |
Filing 4 Joint MOTION for Extension of Time to File Response/Reply as to #1 Complaint, Proposed Order by Medifast, Inc., Optavia, LLC. (Attachments: #1 Proof of Service)(Cohen, Lainie) (sjt). |
Filing 3 NOTICE of Appearance by Lainie Elissa Cohen on behalf of Medifast, Inc., Optavia, LLC (Cohen, Lainie)Attorney Lainie Elissa Cohen added to party Medifast, Inc.(pty:dft), Attorney Lainie Elissa Cohen added to party Optavia, LLC(pty:dft) (sjt). |
Filing 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxt)(jrd) |
Filing 1 COMPLAINT With Jury Demand Against Optavia, LLC, Medifast, Inc. (Filing fee $402.00 receipt number ACASDC-16701504.), filed by Jamie Zeller. (Attachments: #1 Civil Cover Sheet)The new case number is 3:22-cv-434-BTM-MSB. Judge Barry Ted Moskowitz and Magistrate Judge Michael S. Berg are assigned to the case. (Jacobson, Jonas)(cxt)(jrd) |
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