L Occitane, Inc. v. Zimmerman Reed LLP et al
| LOccitane, Inc. and L Occitane, Inc. |
| Zimmerman Reed LLP and 3,144 Of Its Purported Clients |
| 2:2024cv01103 |
| February 8, 2024 |
| US District Court for the Central District of California |
| Percy Anderson |
| Rozella A Oliver |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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Filing 48
MINUTES IN CHAMBERS COURT ORDER by Judge Percy Anderson. The Court provides the parties with an opportunity to file Supplemental Briefs to address whether the terms and conditions that may apply to one who merely visits a website is a "contract evidencing a transaction" for purposes of the FAA and if the Court may, under the FAA, enforce an arbitration clause contained within a website's terms and conditions for one who merely visits a website but makes no purchase. The Supplemental Briefs, which shall not exceed 7 pages, shall be filed by no later than April 10, 2024. After that date, the matter will be deemed under submission. (See document for further details). (aco)
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| Filing 47 REPLY in Support NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Defendant Zimmerman Reed LLP. (Scolnick, Chase) |
| Filing 46 REPLY in support of NOTICE OF MOTION AND MOTION to Compel Arbitration #21 filed by individual defendants, in a limited and a special capacity filed by Defendant 3,144 Of Its Purported Clients. (Marker, Caleb) |
| Filing 45 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendants 3,144 Of Its Purported Clients. (aco) |
| Filing 44 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff L Occitane, Inc.. (Attachments: #1 Attachment 1 (List of Defendants))(Anderson, Allan) |
| Filing 43 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Compel Arbitration #21 filed by Plaintiff L Occitane, Inc.. (Attachments: #1 Declaration of Mihail Pavlov, #2 Proposed Order)(Anderson, Allan) |
| Filing 42 OPPOSITION in opposition to re: NOTICE OF MOTION AND MOTION to Dismiss Case #26 filed by Plaintiff L Occitane, Inc.. (Attachments: #1 Proposed Order)(Anderson, Allan) |
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Filing 41
MINUTES IN CHAMBERS - COURT ORDER by Judge Percy Anderson. The hearing calendared for March 25, 2024, is vacated, and the matter taken off calendar. Because Local Rule 5.2-1 applies to the Complaint and Request to Issue Summons, the home address information is not necessary to be included in the Complaint, and the Court has confirmed with the Clerk's Office that it will issue a Summons for the 3,144 individual defendants even if the Request to Issue Summons does not include the home addresses of the individual defendants, the Court grants Zimmerman Reed's Motion for Redaction. The Court orders the Clerk to seal Exhibit 1 to Docket No. 1 and Exhibit 1 to Docket No. 4. The Court additionally notes that the Clerk issued a deficiency for the Request to Issue Summons. To the extent L'Occitane wishes to pursue its claims against the 3,144 individual defendants as alleged in the Complaint, it shall file a revised Request to Issue Summons that cures the deficiency identified by the Clerk. The revised Request to Issue Summons shall not include the home address of any of the individual defendants. (See document for further details).; granting #17 MOTION for Order for Compliance with L.R. 5.2-1 and to Seal ECF 1-1 and ECF 4-1 and Protect Private Information of Approximately 2,000 People. (aco)
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| Filing 40 DECLARATION of Caleb Marker re Order on Motion for Extension of Time to File,, #31 filed by Defendant Zimmerman Reed LLP. (Marker, Caleb) |
| Filing 39 DECLARATION of Andrea M. Gumushian re: Reading of Central District's Civility and Professionalism Guidelines re Order #31 filed by Plaintiff L Occitane, Inc.. (Gumushian, Andrea) |
| Filing 38 DECLARATION of Adam D. Bowser re: Reading of Central District's Civility and Professionalism Guidelines re Order #31 filed by Plaintiff L Occitane, Inc.. (Anderson, Allan) |
| Filing 37 DECLARATION of Allan E. Anderson re: Reading of Central District's Civility and Professionalism Guidelines re Order #31 filed by Plaintiff L Occitane, Inc.. (Anderson, Allan) |
| Filing 36 DECLARATION of Jay P. Barron re Order on Motion for Extension of Time to File,, #31 filed by Defendant Zimmerman Reed LLP. (Barron, Jay) |
| Filing 35 DECLARATION of Chase A. Scolnick re Order on Motion for Extension of Time to File,, #31 filed by Defendant Zimmerman Reed LLP. (Scolnick, Chase) |
| Filing 34 DECLARATION of Jennifer L. Keller re Order on Motion for Extension of Time to File,, #31 filed by Defendant Zimmerman Reed LLP. (Keller, Jennifer) |
| Filing 33 DECLARATION of Jeff S. Westerman in Support of NOTICE OF MOTION AND MOTION for Order for Compliance with L.R. 5.2-1 and to Seal ECF 1-1 and ECF 4-1 and Protect Private Information of Approximately 2,000 People #17 and Regarding Reading of Central District's Civility and Professionalism Guidelines (ECF 31) filed by Defendant Zimmerman Reed LLP. (Westerman, Jeff) |
| Filing 32 REPLY in Support of NOTICE OF MOTION AND MOTION for Order for Compliance with L.R. 5.2-1 and to Seal ECF 1-1 and ECF 4-1 and Protect Private Information of Approximately 2,000 People #17 filed by Defendant Zimmerman Reed LLP. (Attachments: #1 Declaration of Jeff S. Westerman)(Westerman, Jeff) |
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Filing 31
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Plaintiff has established good cause for the continuance it seeks. The Court therefore grants the Ex Parte Application. Plaintiff shall have until March 25, 2024, to file its Oppositions to those Motions to Dismiss and Compel Arbitration. Defendants' Replies shall be filed by no later than April 1, 2024. The hearing on the Motions is continued to April 15, 2024, at 1:30 p.m. (See document for further details).; granting #28 EX PARTE APPLICATION for Extension of Time to File. (aco)
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| Filing 30 OPPOSITION in opposition to re: EX PARTE APPLICATION for Extension of Time to File Opposition to Motion to Compel Arbitration and Motion to Dismiss #28 filed by Defendants 3,144 Of Its Purported Clients, Zimmerman Reed LLP. (Attachments: #1 Declaration of Caleb Marker in Support of Defendant Zimmerman Reed's Opposition to Plaintiff's Ex Parte Application, #2 Exhibit A to Declaration of Caleb Marker, #3 Exhibit B to Declaration of Caleb Marker)(Marker, Caleb) |
| Filing 29 NOTICE of Interested Parties filed by individual defendants, in a limited and a special capacity 3,144 Of Its Purported Clients, (Marker, Caleb) |
| Filing 28 EX PARTE APPLICATION for Extension of Time to File Opposition to Motion to Compel Arbitration and Motion to Dismiss filed by Plaintiff L Occitane, Inc.. (Attachments: #1 Proposed Order Granting Plaintiff's Ex Parte Application to Extend Time to Respond) (Anderson, Allan) |
| Filing 27 NOTICE of Appearance filed by attorney Jay Philip Barron on behalf of Defendant Zimmerman Reed LLP (Barron, Jay) |
| Filing 26 NOTICE OF MOTION AND MOTION to Dismiss Case filed by Defendant Zimmerman Reed LLP. Motion set for hearing on 4/1/2024 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Declaration of C. Marker, #2 Proposed Order) (Scolnick, Chase) |
| Filing 25 NOTICE of Interested Parties filed by Defendant Zimmerman Reed LLP, (Scolnick, Chase) |
| Filing 24 NOTICE of Appearance filed by attorney Chase Scolnick on behalf of Defendant Zimmerman Reed LLP (Attorney Chase Scolnick added to party Zimmerman Reed LLP(pty:dft))(Scolnick, Chase) |
| Filing 23 NOTICE of Appearance filed by attorney Jennifer L Keller on behalf of Defendant Zimmerman Reed LLP (Attorney Jennifer L Keller added to party Zimmerman Reed LLP(pty:dft))(Keller, Jennifer) |
| Filing 22 DECLARATION of Caleb Marker in Support of NOTICE OF MOTION AND MOTION to Compel Arbitration #21 filed by Defendant 3,144 Of Its Purported Clients. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Marker, Caleb) |
| Filing 21 NOTICE OF MOTION AND MOTION to Compel Arbitration filed by individual defendants, in a limited and a special capacity 3,144 Of Its Purported Clients. Motion set for hearing on 4/1/2024 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order, #2 Memorandum of Points and Authorities in Support of Claimants' Motion to Compel Arbitration) (Attorney Caleb Marker added to party 3,144 Of Its Purported Clients(pty:dft)) (Marker, Caleb) |
| Filing 20 OPPOSITION re: NOTICE OF MOTION AND MOTION for Order for Compliance with L.R. 5.2-1 and to Seal ECF 1-1 and ECF 4-1 and Protect Private Information of Approximately 2,000 People #17 filed by Plaintiff L Occitane, Inc.. (Anderson, Allan) |
| Filing 19 PROOF OF SERVICE Executed by Plaintiff L Occitane, Inc., upon Defendant Zimmerman Reed LLP served on 2/27/2024, answer due 3/19/2024. Service of the Summons and Complaint were executed upon Caleb L. H. Maker on behalf of Zimmerman Reed LLP in compliance with California Code of Civil Procedure by personal service (Anderson, Allan) |
| Filing 18 DECLARATION of Jeff S. Westerman in Support of NOTICE OF MOTION AND MOTION for Order for Compliance with L.R. 5.2-1 and to Seal ECF 1-1 and ECF 4-1 and Protect Private Information of Approximately 2,000 People #17 filed by Defendant Zimmerman Reed LLP. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Westerman, Jeff) |
| Filing 17 NOTICE OF MOTION AND MOTION for Order for Compliance with L.R. 5.2-1 and to Seal ECF 1-1 and ECF 4-1 and Protect Private Information of Approximately 2,000 People filed by Defendant Zimmerman Reed LLP. Motion set for hearing on 3/25/2024 at 01:30 PM before Judge Percy Anderson. (Attachments: #1 Proposed Order, #2 Memorandum of Points and Authorities in Support thereof) (Attorney Jeff S. Westerman added to party Zimmerman Reed LLP(pty:dft)) (Westerman, Jeff) |
| Filing 16 Notice of Constitutional Challenge to State Statutes filed by Plaintiff L Occitane, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Gumushian, Andrea) |
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Filing 15
ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Percy Anderson. APPLICATION of Attorney Adam Bowser to Appear Pro Hac Vice on behalf of Plaintiff L'Occitane, Inc., designating Allan E. Anderson as local counsel GRANTED.; granting #14 Non-Resident Attorney Adam Bowser. (aco)
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| Filing 14 APPLICATION of Non-Resident Attorney Adam Bowser to Appear Pro Hac Vice on behalf of Plaintiff L Occitane, Inc. (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-36929485) filed by Plaintiff L Occitane, Inc.. (Attachments: #1 Proposed Order) (Anderson, Allan) |
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Filing 13
STANDING ORDER by Judge Percy Anderson. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge Percy Anderson. (SEE DOCUMENT FOR FURTHER DETAILS). (aco)
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Filing 12
MINUTES IN CHAMBERS-COURT ORDER by Judge Percy Anderson. Based on the allegations contained in Plaintiff's Complaint, it appears that Plaintiff is required to file the Notice contemplated by Federal Procedure 5.1 with the Court and to serve that Notice on the Attorney General for the State of California. The Court therefore orders Plaintiff to file and serve a Notice as provided by Federal Rule of Civil Procedure 5.1 by no later than February 20, 2024, or, in the alternative, by that date, file with the Court an explanation as to why such a Notice is not required. (See document for further details). (aco)
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| Filing 11 NOTICE OF DEFICIENCIES in Request to Issue Summons RE: Summons Request #4 . The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. Please put the name of Defendant and put See Attachment 1 for List of Defendants Names and Addresses. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (ghap) |
| Filing 10 NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Adam D Bowser on behalf on Plaintiff. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (ghap) |
| Filing 9 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening), #1 as to Defendant Zimmerman Reed LLP. (ghap) |
| Filing 8 Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (ghap) |
| Filing 7 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (ghap) |
| Filing 6 NOTICE OF ASSIGNMENT to District Judge Percy Anderson and Magistrate Judge Rozella A. Oliver. (ghap) |
| Filing 5 NOTICE of Interested Parties filed by Plaintiff LOccitane, Inc., (Anderson, Allan) |
| Filing 4 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff LOccitane, Inc.. (Attachments: #1 Exhibit 1)(Anderson, Allan) |
| Filing 3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), #1 filed by Plaintiff LOccitane, Inc.. (Anderson, Allan) |
| Filing 2 CIVIL COVER SHEET filed by Plaintiff LOccitane, Inc.. (Anderson, Allan) |
| Filing 1 COMPLAINT Receipt No: ACACDC-36884246 - Fee: $405, filed by Plaintiff LOccitane, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8) (Attorney Allan E. Anderson added to party LOccitane, Inc.(pty:pla))(Anderson, Allan) |
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