Weizman v. Talkspace, Inc.
Plaintiff: Naomi Weizman
Defendant: Talkspace, Inc.
Case Number: 5:2023cv00912
Filed: March 1, 2023
Court: US District Court for the Northern District of California
Presiding Judge: Virginia K DeMarchi
Referring Judge: Beth Labson Freeman
2 Judge: P Casey Pitts
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Fraud
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 6, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 10, 2023 Opinion or Order Filing 44 Minute Entry for proceedings held before Judge P. Casey Pitts: Motion Hearing re #27 MOTION to Dismiss and/or Strike Plaintiff's First Amended Class Action Complaint held on 10/10/2023. Argument of counsel heard. Court takes matter under submission. Order to issue. Total Time in Court: 50 min (10:00-10:50 AM). Court Reporter: Lee-Anne Shortridge. Plaintiff Attorney: Zoe Seaman-Grant. Defendant Attorney: Kamran Ahmadian. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Date Filed: 10/10/2023)
September 11, 2023 Opinion or Order Filing 43 JOINT CASE MANAGEMENT STATEMENT filed by Naomi Weizman and Talkspace, Inc.. (Seaman-Grant, Zoe) (Filed on 9/11/2023) Modified on 9/12/2023 (anj, COURT STAFF).
September 11, 2023 Opinion or Order Filing 42 ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Seaman-Grant, Zoe) (Filed on 9/11/2023)
September 11, 2023 Opinion or Order Filing 41 Rule 7.1 Disclosures by Talkspace, Inc. and Certification of Conflict and Interested Entities or Persons (Ahmadian, Kamran) (Filed on 9/11/2023)
September 8, 2023 Opinion or Order Filing 40 REPLY (re #27 MOTION to Dismiss and/or Strike Plaintiff's First Amended Class Action Complaint ) filed by Talkspace, Inc.. (Lukitsch, Bethany) (Filed on 9/8/2023) Modified on 9/11/2023 (anj, COURT STAFF).
September 6, 2023 Opinion or Order Filing 39 CLERK'S NOTICE Resetting Motion Hearing. Motion Hearing as to #27 MOTION to Dismiss and/or Strike Plaintiff's First Amended Class Action Complaint set for 10/12/2023 is advanced to 10/10/2023 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 9/6/2023)
August 25, 2023 Opinion or Order Filing 38 OPPOSITION/RESPONSE (re #27 MOTION to Dismiss and/or Strike Plaintiff's First Amended Class Action Complaint ) filed by Naomi Weizman. (Attachments: #1 Exhibit 1 - Seaman-Grant Declaration)(Seaman-Grant, Zoe) (Filed on 8/25/2023) Modified on 8/28/2023 (anj, COURT STAFF).
August 25, 2023 Opinion or Order Filing 37 CLERK'S NOTICE Resetting Motion Hearing. Motion Hearing as to #27 MOTION to Dismiss and/or Strike set for 10/12/2023 at 10:00 AM in San Jose, Courtroom 8, 4th Floor before Judge P. Casey Pitts. (This is a text-only entry generated by the court. There is no document associated with this entry.) (nmc, COURT USER) (Filed on 8/25/2023)
August 25, 2023 Opinion or Order Filing 36 ORDER re #33 Stipulated Request for Order Changing Time re Motion to Dismiss filed by Talkspace, Inc., Naomi Weizman, #31 Stipulated Request for Order Changing Time re Motion to Dismiss filed by Talkspace, Inc., Naomi Weizman, Motions terminated: #31 Stipulated Request for Order Changing Time re Motion to Dismiss filed by Talkspace, Inc., Naomi Weizman, #33 Stipulated Request for Order Changing Time re Motion to Dismiss filed by Talkspace, Inc., Naomi Weizman. Responses due by 8/25/2023. Replies due by 9/8/2023. Signed by Judge P. Casey Pitts on 08/23/2023. (nmc, COURT USER) (Filed on 8/25/2023)
August 22, 2023 Opinion or Order Filing 35 Amended Notice of Motion for Motion to Dismiss and or Strike Plaintiff's First Amended Class Action Complaint by Talkspace, Inc. re #27 MOTION to Dismiss and/or Strike Plaintiff's First Amended Class Action Complaint (Ahmadian, Kamran) (Filed on 8/22/2023) Modified on 8/23/2023 (anj, COURT STAFF).
August 21, 2023 Opinion or Order Filing 34 Case Reassigned to Judge P. Casey Pitts. Judge Beth Labson Freeman no longer assigned to the case. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. (kab, COURT STAFF) (Filed on 8/21/2023)
August 18, 2023 Opinion or Order Filing 33 Stipulated Request for Order Changing Time re Motion to Dismiss filed by Naomi Weizman and Talkspace, Inc.. (Attachments: #1 Declaration Declaration of Zoe Seaman-Grant)(Seaman-Grant, Zoe) (Filed on 8/18/2023) Modified on 8/21/2023 (anj, COURT STAFF).
August 18, 2023 Opinion or Order Filing 32 ORDER REASSIGNING CASE.IT IS ORDERED that this case is reassigned to the Honorable P. Casey Pitts in the San Jose Division for all further proceedings.1. All future filings shall bear the initials PCP immediately after the case number. 2. All case management conference dates are vacated and will be reset by the Court. 3. All hearing dates presently scheduled are VACATED. However, existing briefing schedules for motions remain unchanged. Motions must be RENOTICED for hearing before Judge Pitts by the moving party for a date consistent with the Courts law and motion calendar, but the renoticing of the hearing does not affect the prior briefing schedule. 4. Deadlines for ADR compliance and discovery cutoff remain unchanged.5. All pretrial conference and trial dates currently set for after November 13, 2023, and all other deadlines associated with the case, will remain in place unless otherwise ordered. 6. All pretrial conference and trial dates scheduled on or before November 13, 2023, are vacated. Other pretrial deadlines (e.g., motions in limine, pretrial statements, proposed joint trial exhibits, etc.) will remain in place. The Court will notify the parties when a status conference will be held to schedule a new pretrial conference and trial dates for affected cases. 7. Matters currently referred to a Magistrate Judge will remain before that Magistrate Judge absent further notice.8. On or before September 11, 2023, the parties shall file a Joint Case Management Statement (separate statements are appropriate if either party is proceeding without counsel). The statement should not exceed ten pages in length and should address all issues outlined in the #Standing Order for All Judges of the Northern District. The approved form for such statements can be accessed # here. A Joint Case Management Statement is not required in prisoner cases in which the prisoner plaintiff/petitioner is not represented by counsel. 9. Judge Pitts participates in the Cameras in the Courtroom Pilot Project; hearings and trials in civil cases are thus eligible for video recording upon request and with the consent of the parties and Judge Pitts. Please see the Court's #Pilot Project webpage and # General Order 65 for more information. IT IS SO ORDERED.Dated: 08/18/2023FOR THE EXECUTIVE COMMITTEEMark B. Busby, Clerk of Court (This is a text-only entry generated by the court. There is no document associated with this entry.)(ecg, COURT STAFF) (Filed on 8/18/2023)
August 18, 2023 Opinion or Order Filing 31 Stipulated Request for Order Changing Time re Motion to Dismiss filed by Naomi Weizman and Talkspace, Inc.. (Attachments: #1 Declaration Declaration of Zoe Seaman-Grant)(Seaman-Grant, Zoe) (Filed on 8/18/2023) Modified on 8/21/2023 (anj, COURT STAFF).
August 1, 2023 Opinion or Order Filing 30 ORDER GRANTING #29 STIPULATION TO MODIFY BRIEFING SCHEDULE ON MOTION TO DISMISS. Signed by Judge Beth Labson Freeman on 8/1/2023. (blflc3, COURT STAFF) (Filed on 8/1/2023)
July 31, 2023 Opinion or Order Filing 29 Stipulated request for Order Changing Time re Motion to Dismiss filed by Naomi Weizman and Talkspace, Inc.. (Attachments: #1 Declaration of Zoe Seaman-Grant)(Seaman-Grant, Zoe) (Filed on 7/31/2023) Modified on 8/1/2023 (anj, COURT STAFF).
July 24, 2023 Opinion or Order Filing 28 ORDER ADVISING PARTIES REGARDING STANDING ORDERS. Signed by Judge Beth Labson Freeman on 7/24/2023. (blflc3, COURT STAFF) (Filed on 7/24/2023)
July 21, 2023 Opinion or Order Filing 27 MOTION to Dismiss and/or Strike Plaintiff's First Amended Class Action Complaint filed by Talkspace, Inc.. Motion Hearing set for 12/21/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 8/4/2023. Replies due by 8/11/2023. (Attachments: #1 Declaration of Mary Potter, #2 Request for Judicial Notice, #3 Proposed Order)(Lukitsch, Bethany) (Filed on 7/21/2023) Modified on 7/24/2023 (anj, COURT STAFF).
June 22, 2023 Opinion or Order Filing 26 ORDER TERMINATING #20 MOTION TO DISMISS AS MOOT; VACATING HEARING. Signed by Judge Beth Labson Freeman 6/22/2023. (blflc3, COURT STAFF) (Filed on 6/22/2023)
June 21, 2023 Opinion or Order Filing 25 AMENDED COMPLAINT against All Defendants. Filed byNaomi Weizman. (Seaman-Grant, Zoe) (Filed on 6/21/2023)
June 14, 2023 Opinion or Order Filing 24 ORDER GRANTING #23 STIPULATION. Signed by Judge Beth Labson Freeman on 6/14/2023. (blflc3, COURT STAFF) (Filed on 6/14/2023)
June 13, 2023 Opinion or Order Filing 23 STIPULATION WITH PROPOSED ORDER for Order changing time re #20 Notice of Motion and Motion to Dismiss Plaintiff's Class Action Complaint and/or Strike the Class Allegations filed by Naomi Weizman and Talkspace, Inc.. (Attachments: #1 Declaration)(Seaman-Grant, Zoe) (Filed on 6/13/2023) Modified on 6/14/2023 (anj, COURT STAFF).
June 7, 2023 Opinion or Order Reset Case Management Conference. Initial Case Management Conference set for 11/16/2023 11:00 AM in San Jose, Courtroom 1, 5th Floor. (tsh, COURT STAFF) (Filed on 6/7/2023)
June 5, 2023 Opinion or Order Set/Reset Deadlines: Case Management Statement due by 11/9/2023. Per Order at Docket no. #22 . (anj, COURT STAFF) (Filed on 6/5/2023)
June 5, 2023 Opinion or Order Filing 22 ORDER RESETTING CASE MANAGEMENT CONFERENCE TO NOVEMBER 16, 2023. Signed by Judge Beth Labson Freeman on 6/5/2023. (blflc3, COURT STAFF) (Filed on 6/5/2023)
June 1, 2023 Opinion or Order Filing 21 STIPULATION WITH PROPOSED ORDER to Continue Rule 26(f) Conference, Rule 26(f) Report, and Initial Case Management Conference filed by Talkspace, Inc., Naomi Weizman. (Attachments: #1 Proposed Order)(Ahmadian, Kamran) (Filed on 6/1/2023) Modified on 6/2/2023 (anj, COURT STAFF).
May 31, 2023 Opinion or Order Filing 20 Notice of Motion and Motion to Dismiss Plaintiff's Class Action Complaint and/or Strike the Class Allegations filed by Talkspace, Inc.. Motion Hearing set for 9/21/2023 09:00 AM in San Jose, Courtroom 3, 5th Floor before Judge Beth Labson Freeman. Responses due by 6/14/2023. Replies due by 6/21/2023. (Attachments: #1 Declaration of Mary Potter, #2 Request for Judicial Notice, #3 Proposed Order)(Ahmadian, Kamran) (Filed on 5/31/2023) Modified on 6/1/2023 (anj, COURT STAFF).
May 16, 2023 Opinion or Order Filing 19 Certificate of Interested Entities by Naomi Weizman (Seaman-Grant, Zoe) (Filed on 5/16/2023)
April 25, 2023 Opinion or Order Filing 18 Second Stipulation to Extend Defendant Talkspace, Inc.'s time to respond to Plaintiff's Complaint filed by Talkspace, Inc. and Naomi Weizman. (Ahmadian, Kamran) (Filed on 4/25/2023) Modified on 4/26/2023 (anj, COURT STAFF).
March 27, 2023 Opinion or Order Filing 17 NOTICE of Appearance by Bethany Gayle Lukitsch as Counsel of Record for Defendant Talkspace, Inc. (Lukitsch, Bethany) (Filed on 3/27/2023)
March 27, 2023 Opinion or Order Filing 16 STIPULATION TO EXTEND DEFENDANT TALKSPACE, INC.S TIME TO RESPOND TO COMPLAINT filed by Talkspace, Inc. and Naomi Weizman. (Ahmadian, Kamran) (Filed on 3/27/2023) Modified on 3/28/2023 (jml, COURT STAFF).
March 17, 2023 Opinion or Order Filing 15 SUMMONS Returned Executed by Naomi Weizman. Talkspace, Inc. served on 3/10/2023, answer due 3/31/2023. (Balabanian, Rafey) (Filed on 3/17/2023)
March 10, 2023 Opinion or Order Filing 14 ORDER GRANTING #13 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 3/10/2023. (blflc3, COURT STAFF) (Filed on 3/10/2023)
March 10, 2023 Opinion or Order Filing 13 Amended MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18061205.) Filing fee previously paid on March 9, 2023 filed by Naomi Weizman. (Seaman-Grant, Zoe) (Filed on 3/10/2023)
March 10, 2023 Opinion or Order Filing 12 ORDER DENYING #11 APPLICATION FOR ADMISSION OF ATTORNEY PRO HAC VICE. Signed by Judge Beth Labson Freeman on 3/10/2023. (blflc3, COURT STAFF) (Filed on 3/10/2023)
March 9, 2023 Opinion or Order Filing 11 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18061205.) filed by Naomi Weizman. (Seaman-Grant, Zoe) (Filed on 3/9/2023)
March 9, 2023 Opinion or Order Filing 10 Certificate of Interested Entities by Naomi Weizman (Balabanian, Rafey) (Filed on 3/9/2023)
March 9, 2023 Opinion or Order Filing 9 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE AFTER REASSIGNMENT. Case Management Statement due by 6/15/2023. Initial Case Management Conference set for 6/22/2023 11:00 AM in San Jose, Courtroom 1, 5th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (tsh, COURT STAFF) (Filed on 3/9/2023)
March 8, 2023 Opinion or Order Filing 8 ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge Beth Labson Freeman for all further proceedings. Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras. Magistrate Judge Virginia K. DeMarchi remains as referral judge assigned to case. Reassignment Order signed by Clerk on 3/8/2023. (Attachments: #1 Notice of Eligibility for Video Recording)(bw, COURT STAFF) (Filed on 3/8/2023)
March 7, 2023 Opinion or Order Filing 7 CLERK'S NOTICE of Impending Reassignment to U.S. District Judge. (This is a text-only entry generated by the court. There is no document associated with this entry.) (amk, COURT STAFF) (Filed on 3/7/2023)
March 7, 2023 Opinion or Order Filing 6 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Naomi Weizman.. (Balabanian, Rafey) (Filed on 3/7/2023)
March 2, 2023 Opinion or Order Filing 5 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 5/23/2023. Initial Case Management Conference set for 5/30/2023 01:30 PM in San Jose, Courtroom 2, 5th Floor. (jml, COURT STAFF) (Filed on 3/2/2023)
March 2, 2023 Opinion or Order Filing 4 Summons Issued as to Talkspace, Inc.. (jml, COURT STAFF) (Filed on 3/2/2023)
March 1, 2023 Opinion or Order Filing 3 Case assigned to Magistrate Judge Virginia K. DeMarchi. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 3/15/2023. (jrs, COURT STAFF) (Filed on 3/1/2023)
March 1, 2023 Opinion or Order Filing 2 Proposed Summons. (Balabanian, Rafey) (Filed on 3/1/2023)
March 1, 2023 Opinion or Order Filing 1 CLASS ACTION COMPLAINT against Talkspace, Inc. with jury demand ( Filing fee $ 402, receipt number ACANDC-18031432.). Filed by Naomi Weizman. (Attachments: #1 Civil Cover Sheet)(Balabanian, Rafey) (Filed on 3/1/2023) Modified on 3/2/2023 (jml, COURT STAFF).

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Plaintiff: Naomi Weizman
Represented By: Rafey Sarkis Balabanian
Represented By: Zoe Seaman-Grant
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Defendant: Talkspace, Inc.
Represented By: Bethany Gayle Lukitsch
Represented By: Kamran Benjamin Ahmadian
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