Arnold et al v. Hearst Magazine Media, Inc. et al
| Kelly Nakai, Fenella Arnold and Michele Ruppert |
| CDS Global, Inc., DOES 1-50 and Hearst Magazine Media, Inc. |
| 3:2019cv01969 |
| October 10, 2019 |
| US District Court for the Southern District of California |
| Roger T Benitez |
| Mitchell D Dembin |
| William Q Hayes |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 10, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 48
ORDER Granting #47 Joint Motion to Stay. Status Report due by 2/2/2022. Signed by District Judge William Q. Hayes on 11/4/2021. (ag)
|
| Filing 47 NOTICE of Settlement and Joint Motion for Stay of Proceedings by Fenella Arnold, Kelly Nakai, Michele Ruppert (Attachments: #1 Proof of Service)(Dostart, Zachariah) (ag). |
|
Filing 46
Scheduling Order Regulating Discovery and Other Pre-Trial Proceedings. A Case Management Conference was held on 6/11/2021. Signed by Magistrate Judge Mitchell D. Dembin on 6/11/2021.(ag)
|
| Filing 45 Minute Entry for proceedings held before Magistrate Judge Mitchell D. Dembin: Early Neutral Evaluation Conference held on 6/11/2021, Case Management Conference held on 6/11/2021. Case did not settle. Order to follow.(Plaintiff Attorney Zach P. Dostart). (Defendant Attorney Jonathan Donnellan; Stephen Yuhan; Nina Shah). (no document attached) (jb1) |
|
Filing 44
Order Converting Telephonic Early Neutral Evaluation and Case Management Conference to Videoconference: The Court received and reviewed the parties' submissions in advance of the Early Neutral Evaluation and Case Management Conference ("ENE/CMC") set for Friday, June 11, 2021 at 9:30 a.m. After reviewing the submissions, the Court CONVERTS the ENE/CMC to a videoconference via Zoom. Only counsel are required to participate. Parties and party representatives may participate. The parties are ORDERED to e-mail a list of participants, their roles in this action, and their e-mail addresses to efile_Dembin@casd.uscourts.gov in order to obtain a Zoom invitation by 12:00 p.m. June 10, 2021. IT IS SO ORDERED by Magistrate Judge Mitchell D. Dembin on 06/09/2021.(no document attached) (jb1)
|
| Filing 43 JOINT DISCOVERY PLAN by Fenella Arnold, Kelly Nakai, Michele Ruppert (Attachments: #1 Proof of Service)(Dostart, Zachariah) (ag). |
|
Filing 42
Order Resetting Early Neutral Evaluation and Case Management Conference: Due to a conflict with the Court's calendar, the telephonic Early Neutral Evaluation and Case Management Conference is RESET to June 11, 2021 at 9:30 a.m.. A joint discovery plan and confidential Early Neutral Evaluation briefs are due on or before June 4, 2021 via email to efile_dembin@casd.uscourts.gov. Counsel are instructed to use the dial in information at ECF No. #41 . All other guidelines remain as previously set. See ECF No. #40 . SO ORDERED by Magistrate Judge Mitchell D. Dembin on 05/05/2021.(no document attached) (jb1)
|
| Filing 41 NOTICE of Teleconference Information Sheet. Teleconference set for 5/25/2021 at 9:30 AM. (ag) |
|
Filing 40
NOTICE AND ORDER for Early Neutral Evaluation Conference. An Early Neutral Evaluation/Case Management Conference is set for 5/25/2021 at 9:30 AM before Magistrate Judge Mitchell D. Dembin. A Joint Discovery Plan is due by 5/18/2021. Signed by Magistrate Judge Mitchell D. Dembin on 4/14/2021.(ag)
|
| Filing 39 ANSWER to #38 Amended Complaint,, by Hearst Magazine Media, Inc., CDS Global, Inc..(Donnellan, Jonathan) (ag). |
| Filing 38 AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Fenella Arnold, Kelly Nakai, Michele Ruppert. (Attachments: #1 Table of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Proof of Service) (Dostart, Zachariah)(ag). |
|
Filing 37
ORDER: The Motion for Leave to File Third Amended Complaint (ECF No. #34 ) is granted. Plaintiffs shall file the proposed Third Amended Complaint, attached as "Exhibit A" to the Declaration of Zach P. Dostart (ECF No. 34-3), within five (5) days of the date of this Order. IT IS FURTHER ORDERED that the Joint Motion to Extend Time for Defendants to Respond to Plaintiffs' Third Amended Complaint (ECF No. #36 ) is granted. Defendants shall file their response to the Third Amended Complaint on or before 4/14/2021. Signed by Judge William Q. Hayes on 3/25/2021. (ag)
|
| Filing 36 Joint MOTION for Extension of Time to File Answer to Plaintiffs' Third Amended Complaint by CDS Global, Inc., Hearst Magazine Media, Inc.. (Yuhan, Stephen) (ag). |
| Filing 35 MINUTE ENTRY: Pursuant to Civil Local Rule 7.1(b), Plaintiffs were required to obtain a hearing date before filing the Motion for Leave to File Third Amended Complaint. (ECF No. #34 ). The hearing date on the Motion for Leave to File Third Amended Complaint is April 19, 2021. There will be no oral argument unless requested by the Court.(no document attached) (ag) |
| Filing 34 MOTION for Leave to File Third Amended Complaint by Fenella Arnold, Kelly Nakai, Michele Ruppert. (Attachments: #1 Memo of Points and Authorities in Support of Plaintiffs' Motion for Leave to File Third Amended Complaint, #2 Declaration of Zach P. Dostart in Support of Plaintiffs' Motion for Leave to File Third Amended Complaint, #3 Exhibit A to Declaration of Zach P. Dostart, #4 Exhibit B to Declaration of Zach P. Dostart, #5 Proof of Service)(Dostart, Zachariah) (ag). |
| Filing 33 MINUTE ENTRY: The parties' Joint Motion to Extend Time for Defendants to Respond to Second Amended Complaint (ECF No. #32 ) is granted. Defendants shall file their Answer to Plaintiff's Second Amended Complaint on or before March 24, 2021. (no document attached) (ag) |
| Filing 32 Joint MOTION for Extension of Time to File Answer re #25 Amended Complaint,, by CDS Global, Inc., Hearst Magazine Media, Inc. (Attachments: #1 Declaration of Stephen H. Yuhan)(Yuhan, Stephen) (jrm). |
|
Filing 31
ORDER: The Motion to Dismiss the SAC (ECF No. #26 ) is granted in part and denied in part. The Motion to Dismiss the SAC is granted as to the second claim for violation of the CLRA and as to the request for injunctive relief and is otherwise denied. No later than thirty (30) days from the date of this Order, Plaintiffs may file any motion for leave to amend pursuant to Civil Local Rules 7.1 and 15.1(c). Signed by Judge William Q. Hayes on 2/10/2021. (ag)
|
| Filing 30 REPLY to Response to Motion re #26 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Second Amended Complaint filed by CDS Global, Inc., Hearst Magazine Media, Inc.. (Donnellan, Jonathan) |
|
Filing 29
ORDER Approving the Pro Hac Vice Application of Nina Shah, re #27 Request to Appear Pro Hac Vice. Signed by Judge William Q. Hayes on 10/26/2020.(rmc)
|
| Filing 28 RESPONSE in Opposition re #26 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Second Amended Complaint filed by Fenella Arnold, Kelly Nakai, Michele Ruppert. (Attachments: #1 Declaration of Zach P. Dostart, #2 Exhibit 1, #3 Request for Judicial Notice, #4 Proof of Service)(Dostart, Zachariah) (ag). |
| Filing 27 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number ACASDC-14724196.) (Application to be reviewed by Clerk.) (Shah, Nina) (rmc). |
| Filing 26 MOTION to Dismiss for Failure to State a Claim Plaintiffs' Second Amended Complaint by CDS Global, Inc., Hearst Magazine Media, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Stephen H. Yuhan and Exhibits A-B)(Donnellan, Jonathan) (ag). |
| Filing 25 AMENDED COMPLAINT with Jury Demand Second Amended Complaint against All Defendants, filed by Fenella Arnold, Kelly Nakai, Michele Ruppert. (Attachments: #1 Table of Exhibits, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Proof of Service) (Dostart, Zachariah) (ag). |
|
Filing 24
ORDER Granting #21 Motion for Leave to File Second Amended Complaint. Plaintiffs shall file the proposed second amended complaint attached as Exhibit A to the Declaration of Zach P. Dostart (ECF No. #21 -3) within five (5) days of the date of this Order. Signed by Judge William Q. Hayes on 9/17/2020. (tcf)
|
| Filing 23 REPLY to Response to Motion re #21 MOTION for Leave to File Second Amended Complaint filed by Fenella Arnold, Kelly Nakai, Michele Ruppert. (Attachments: #1 Proof of Service)(Dostart, Zachariah) (ag). |
| Filing 22 RESPONSE in Opposition re #21 MOTION for Leave to File Second Amended Complaint filed by CDS Global, Inc., Hearst Magazine Media, Inc.. (Donnellan, Jonathan) (ag). |
| Filing 21 MOTION for Leave to File Second Amended Complaint by Fenella Arnold, Kelly Nakai, Michele Ruppert. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Zach P. Dostart, #3 Exhibit A to the Dostart Declaration, #4 Exhibit B to the Dostart Declaration, #5 Proof of Service)(Dostart, Zachariah) (mme). |
|
Filing 20
ORDER: Defendants' Motion to Dismiss Plaintiffs' FAC (ECF No. #17 ) is granted. No later than thirty (30) days from the date of this Order, Plaintiffs may file a motion for leave to amend pursuant to Civil Local Rules 7.1 and 15.1(c). Signed by Judge William Q. Hayes on 6/25/2020. (ag)
|
| Filing 19 REPLY in Support re #17 JOINT MOTION to Dismiss for Failure to State a Claim Defendants' Reply Memorandum of Points and Authorities In Support Of Motion To Dismiss Plaintiffs' First Amended Complaint filed by CDS Global, Inc., Hearst Magazine Media, Inc.. (Herrington, Robert) (ag). |
| Filing 18 RESPONSE in Opposition re #17 JOINT MOTION to Dismiss for Failure to State a Claim filed by Fenella Arnold, Kelly Nakai, Michele Ruppert. (Attachments: #1 Proof of Service)(Dostart, Zachariah) (ag). |
| Filing 17 MOTION to Dismiss for Failure to State a Claim by CDS Global, Inc., Hearst Magazine Media, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Robert Herrington and Exhibits A-D, #3 Request for Judicial Notice)(Donnellan, Jonathan) (sjm). |
|
Filing 16
ORDER: Defendants shall file their motion to dismiss Plaintiffs First Amended Complaint on or before 1/22/2020. Plaintiffs shall file their opposition to Defendants' motion to dismiss on or before 2/12/2020. Defendants shall file their reply brief in support of their motion to dismiss on or before 2/26/2020. There will be no oral argument unless requested by the Court.Defendants' Motion to Dismiss addressing the original Complaint (ECF No. #11 ) is denied as moot. Signed by Judge William Q. Hayes on 12/23/2019. (ag)
|
| Filing 15 Joint MOTION for Extension of Time to File Answer to First Amended Complaint and to Set Briefing Schedule by CDS Global, Inc., Hearst Magazine Media, Inc.. (Attachments: #1 Declaration of Kevin J. Cole)(Herrington, Robert) (ag). Modified on 12/23/2019 to term motion (ag). |
| Filing 14 First AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Fenella Arnold, Kelly Nakai, Michele Ruppert. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Proof of Service) (Dostart, Zachariah) (ag). |
|
Filing 13
ORDER Approving the Pro Hac Vice Application of Jonathan R. Donnellan (Re: ECF No. #12 Request to Appear Pro Hac Vice). Signed by Judge William Q. Hayes on 12/2/2019.(jrd)
|
| Filing 12 Request to Appear Pro Hac Vice (Filing fee received: $ 206 receipt number 0974-13204140.)(Application to be reviewed by Clerk.)(Donnellan, Jonathan)(jrd) |
| Filing 11 MOTION to Dismiss for Failure to State a Claim Pursuant to F.R.C.P. 12(b)(6) by CDS Global, Inc., Hearst Magazine Media, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Declaration of Robert Herrington and Exhibits A - D, #3 Request for Judicial Notice)(Herrington, Robert) (ag). |
|
Filing 10
ORDER Approving the Pro Hac Vice Application of Stephen H. Yuhan (Re: ECF No. #7 Request to Appear Pro Hac Vice). Signed by Judge William Q. Hayes on 11/15/2019.(jrd)
|
|
Filing 9
ORDER Approving the Pro Hac Vice Application of Matthew R. Greenfield (Re: ECF No. #8 Request to Appear Pro Hac Vice). Signed by Judge William Q. Hayes on 11/15/2019.(jrd)
|
| Filing 8 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13164673.) (Application to be reviewed by Clerk.) (Greenfield, Matthew) (dsn) |
| Filing 7 Request to Appear Pro Hac Vice ( Filing fee received: $ 206 receipt number 0974-13164601.) (Application to be reviewed by Clerk.) (Yuhan, Stephen) (dsn) |
| Filing 6 MINUTE ORDER OF RECUSAL. Judge Roger T. Benitez is no longer assigned. Case reassigned to Judge William Q. Hayes for all further proceedings. Pending hearings previously set before the original Judge have been transferred to the newly assigned Judge The new case number is 19cv1969-WQH-MDD.(no document attached) (mme) |
|
Filing 5
ORDER Granting #4 Joint Motion to Extend Time for Defendants to Respond to the Complaint. CDS Global, Inc. and Hearst Magazine Media, Inc. answer due 11/18/2019. Signed by Judge Roger T. Benitez on 10/17/2019. (mme) (jao).
|
| Filing 4 Joint MOTION for Extension of Time to File Answer by Hearst Magazine Media, Inc.. (Herrington, Robert) (mme). |
| Filing 3 NOTICE of Appearance by James T. Hannink on behalf of Fenella Arnold, Kelly Nakai (Hannink, James)Attorney James T. Hannink added to party Fenella Arnold(pty:pla), Attorney James T. Hannink added to party Kelly Nakai(pty:pla) (mme). |
| Filing 2 NOTICE of Party With Financial Interest by CDS Global, Inc., Hearst Magazine Media, Inc. re #1 Notice of Removal. No Parties With Financial Interest. (sxa) (sjt). |
| Filing 1 NOTICE OF REMOVAL with Jury Demand from Superior Court of California County of San Diego, case number 37-02019-00047733-CU-BT-CTL. ( Filing fee $ 400 receipt number 0974-13046765.), filed by Hearst Magazine Media, Inc., CDS Global, Inc., DOES 1-50. (Attachments: #1 Civil Cover Sheet, #2 State Court Complaint, #3 Exhibit A: Summons and Other State Court Materials)The new case number is 3:19-cv-01969-BEN-MDD. Judge Roger T. Benitez and Magistrate Judge Mitchell D. Dembin are assigned to the case.(sxa) (sjt). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the California Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
