Zeller v. Optavia, LLC et al
Plaintiff: Jamie Zeller and Angelica Alpert
Defendant: Optavia, LLC and Medifast, Inc.
Case Number: 3:2022cv00434
Filed: April 1, 2022
Court: US District Court for the Southern District of California
Presiding Judge: Michael S Berg
Referring Judge: Barry Ted Moskowitz
2 Judge: Dana M Sabraw
Nature of Suit: Contract Product Liability
Cause of Action: 28 U.S.C. § 1332 oc Diversity-Other Contract
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 23, 2023 Opinion or Order 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)
January 20, 2023 Opinion or Order Filing 42 Joint MOTION for Extension of Time to Amend by Angelica Alpert, Jamie Zeller. (Jacobson, Jonas) (jpp).
January 6, 2023 Opinion or Order Filing 41 ORDER granting Extension of Time to Amend the Complaint. Signed by Chief District Judge Dana M. Sabraw on 1/05/2023. (jpp)
January 3, 2023 Opinion or Order Filing 40 MOTION for Extension of Time to Amend by Angelica Alpert, Jamie Zeller. (Attachments: #1 Proposed Order)(Jacobson, Jonas) (jpp).
December 22, 2022 Opinion or Order 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)
December 22, 2022 Opinion or Order 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)
October 6, 2022 Opinion or Order Filing 37 ORDER vacating motion hearing. Signed by Chief District Judge Dana M. Sabraw on 10/06/2022.(jpp)
August 26, 2022 Opinion or Order 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)
August 26, 2022 Opinion or Order 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).
August 26, 2022 Opinion or Order Filing 34 MOTION for Hearing for Defendants' Motions to Dismiss by Medifast, Inc., Optavia, LLC. (Mallow, Michael) (jpp).
August 24, 2022 Opinion or Order 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).
August 24, 2022 Opinion or Order Filing 32 ORDER resetting motion hearing. Signed by Chief District Judge Dana M. Sabraw on 8/24/2022.(jpp)
August 24, 2022 Opinion or Order Filing 31 ORDER regarding further briefing. Signed by Chief District Judge Dana M. Sabraw on 8/24/2022.(jpp)
August 22, 2022 Opinion or Order Filing 30 RESPONSE in Opposition re #29 Ex Parte MOTION for Leave to File surreply filed by Optavia, LLC. (Cohen, Lainie) (jpp).
August 18, 2022 Opinion or Order Filing 29 Ex Parte MOTION for Leave to File surreply by Angelica Alpert, Jamie Zeller. (Attachments: #1 Exhibit 1)(Jacobson, Jonas) (jpp).
August 15, 2022 Opinion or Order 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).
August 15, 2022 Opinion or Order 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).
August 11, 2022 Opinion or Order 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)
August 10, 2022 Opinion or Order 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).
August 1, 2022 Opinion or Order 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).
August 1, 2022 Opinion or Order 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).
August 1, 2022 Opinion or Order 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).
July 27, 2022 Opinion or Order 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)
July 11, 2022 Opinion or Order 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).
July 8, 2022 Opinion or Order 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)
July 1, 2022 Opinion or Order 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).
July 1, 2022 Opinion or Order 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).
June 30, 2022 Opinion or Order Filing 16 NOTICE of Party With Financial Interest by Medifast, Inc., Optavia, LLC and Corporate Disclosure Statement (Mallow, Michael) (sjt).
June 22, 2022 Opinion or Order 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).
June 2, 2022 Opinion or Order 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).
June 2, 2022 Opinion or Order 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)
May 27, 2022 Opinion or Order 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).
May 16, 2022 Opinion or Order Filing 11 NOTICE by Jamie Zeller re #10 Amended Complaint (Attachments: #1 Exhibit 1)(Jacobson, Jonas)(sjt).
May 16, 2022 Opinion or Order Filing 10 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Jamie Zeller. (Jacobson, Jonas) (sjt).
May 9, 2022 Opinion or Order 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)
May 4, 2022 Opinion or Order 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)
May 4, 2022 Opinion or Order 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).
May 3, 2022 Opinion or Order 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).
April 25, 2022 Opinion or Order 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)
April 25, 2022 Opinion or Order 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).
April 21, 2022 Opinion or Order 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).
April 1, 2022 Opinion or Order 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)
April 1, 2022 Opinion or Order 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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Plaintiff: Jamie Zeller
Represented By: Jonas Bram Jacobson
Represented By: Simon Carlo Franzini
Represented By: Kenneth Jay Grunfeld
Represented By: Kevin William Fay
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Plaintiff: Angelica Alpert
Represented By: Jonas Bram Jacobson
Represented By: Kenneth Jay Grunfeld
Represented By: Kevin William Fay
Represented By: Simon Carlo Franzini
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Defendant: Optavia, LLC
Represented By: Lainie Elissa Cohen
Represented By: Michael L. Mallow
Represented By: Robert A. Giacovas
Represented By: Rachel A. Straus
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Defendant: Medifast, Inc.
Represented By: Lainie Elissa Cohen
Represented By: Michael L. Mallow
Represented By: Robert A. Giacovas
Represented By: Rachel A. Straus
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