Mikulsky v. Noom, Inc.
Plaintiff: Erica Mikulsky
Defendant: Noom, Inc.
Case Number: 3:2023cv00285
Filed: February 14, 2023
Court: US District Court for the Southern District of California
Presiding Judge: Michael S Berg
Referring Judge: Marilyn L Huff
Nature of Suit: Other Statutory Actions
Cause of Action: 28 U.S.C. ยง 1453 Class Action Fairness Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 22, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 30, 2023 Opinion or Order Filing 37 MOTION to Dismiss Plaintiff's First Amended Complaint by Noom, Inc.. (Attachments: #1 Memo of Points and Authorities, #2 Request for Judicial Notice, #3 Declaration of Aarti Reddy, #4 Exhibit A to Reddy Declaration)(Reddy, Aarti) (mjw).
October 10, 2023 Opinion or Order Filing 36 Order Granting Joint Motion for Extension of Time and for Briefing Schedule. [Doc.No. #35 ] Responses due by 11/30/2023 Replies due by 12/19/2023. Motion Hearing set for 1/22/2024 at 10:00 AM before Judge Marilyn L. Huff. Signed by Judge Marilyn L. Huff on 10/10/2023. (mjw) (jmo).
October 6, 2023 Opinion or Order Filing 35 Joint MOTION to Continue Briefing Deadlines for Defendants Motion To Dismiss Plaintiff's First Amended Complaint by Noom, Inc.. (Reddy, Aarti) (mjw).
September 29, 2023 Opinion or Order Filing 34 AMENDED COMPLAINT with Jury Demand against Noom, Inc., filed by Erica Mikulsky. (Nathan, Steven) (mjw).
September 27, 2023 Opinion or Order Filing 33 Order Granting Plaintiff's Motion for Leave to File First Amended Complaint- Class Action re: #27 Motion for Leave to Electronically File Documents. Signed by Judge Marilyn L. Huff on 09/27/2023. (mjw)
September 11, 2023 Opinion or Order Filing 32 RESPONSE in Support re #27 MOTION for Leave to Electronically File Documents (First Amended Complaint) filed by Erica Mikulsky. (Beh, Thomas) (mjw).
September 1, 2023 Opinion or Order Filing 31 REQUEST FOR JUDICIAL NOTICE by Noom, Inc. re #29 Response in Opposition to Motion Defendant Noom, Inc.'s Request for Judicial Notice in Support of its Opposition to Plaintiff's Motion to Amend Complaint (Attachments: #1 Declaration of Aarti Reddy in Support of Noom, Inc.'s Request for Judicial Notice, #2 Exhibit A to Declaration of Aarti Reddy)(Reddy, Aarti) (mjw).
September 1, 2023 Opinion or Order Filing 30 SUPPLEMENTAL DOCUMENT by Noom, Inc. re #29 Response in Opposition to Motion Memorandum of Points and Authorities in Support of Defendant Noom, Inc.'s Opposition to Plaintiff's Motion to Amend Complaint. (Reddy, Aarti) (mjw).
September 1, 2023 Opinion or Order Filing 29 RESPONSE in Opposition re #27 MOTION for Leave to Electronically File Documents (First Amended Complaint) Defendant Noom, Inc.'s Opposition to Plaintiff's Motion to Amend Complaint filed by Noom, Inc.. (Reddy, Aarti) (mjw).
August 15, 2023 Opinion or Order Filing 28 ORDER Regarding Plaintiff's Motion For Leave To File First Amended Complaint re #27 MOTION for Leave to Electronically File Documents (First Amended Complaint) filed by Erica Mikulsky. Signed by Judge Marilyn L. Huff on 08/15/2023.(mjw)
August 7, 2023 Opinion or Order Filing 27 MOTION for Leave to Electronically File Documents (First Amended Complaint) by Erica Mikulsky. (Attachments: #1 Exhibit Proposed Amended Complaint, #2 Exhibit Complaint Comparision)(Nathan, Steven) (mjw).
July 17, 2023 Opinion or Order Filing 26 ORDER Granting Defendants Motion to Dismiss (Doc. No. #12 ). The Court dismisses Plaintiff's complaint with leave to amend for lack of subject matter jurisdiction and for lack of personal jurisdiction over Defendant. The Court questions whether Plaintiff can cure the deficiencies cited here and Plaintiff is cautioned that if her first amended complaint does not cure these deficiencies, the Court may dismiss Plaintiff's claims with prejudice and without leave to amend. To the extent that Plaintiff wishes to amend her complaint, she may do so by filing a motion for leave to amend by 8/7/2023. Signed by Judge Marilyn L. Huff on 7/17/2023. (jrm)
June 27, 2023 Opinion or Order Filing 25 MINUTE ORDER: On May 8, 2023, Defendant filed a #12 motion to dismiss. The Court, pursuant to its discretion under Local Rule 7.1(d)(1), determines that the motion is fit for resolution without oral argument and submits the motion on the parties' papers. Accordingly, the Court vacates the hearing on the motion set for July 10, 2023. SO ORDERED by Judge Marilyn L. Huff on 6/27/2023. (no document attached) (rlw)
June 26, 2023 Opinion or Order Filing 24 SUPPLEMENTAL BRIEFING by Defendant Noom, Inc. re #21 Order,, Set Motion and R&R Deadlines/Hearings, . (Attachments: #1 Exhibit A - Redline Comparison Mikulsky and Lightoller)(Rhodes, Michael)
June 26, 2023 Opinion or Order Filing 23 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim Supplemental Brief re: Standing filed by Erica Mikulsky. (Beh, Thomas)
June 16, 2023 Opinion or Order Filing 22 REPLY to Response to Motion re #12 MOTION to Dismiss for Failure to State a Claim filed by Noom, Inc.. (Rhodes, Michael)
June 13, 2023 Opinion or Order Filing 21 Order Directing Parties to File Supplemental Briefing on Defendants Motion to Dismiss and Continuing Hearing Date on Motion to Dismiss. The Court continues the hearing on Noom's motion to dismiss from 6/26/2023 to 7/10/2023 at 10:30 a.m. Signed by Judge Marilyn L. Huff on 6/13/2023.(jrm)
June 13, 2023 Opinion or Order Filing 20 ORDER Approving #19 Pro Hac Vice Application of Thomas M. Beh. Signed by Judge Marilyn L. Huff on 6/12/2023.(jrm)
June 9, 2023 Opinion or Order Filing 19 Request to Appear Pro Hac Vice, No payment Submitted. (Application to be reviewed by Clerk.) (Attachments: #1 Exhibit Ex. A - Certificate from Louisiana, #2 Exhibit Ex B - Certificate from Texas)(Beh, Thomas)(jrm).
June 9, 2023 Opinion or Order Filing 18 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17919332.) (Application to be reviewed by Clerk.) (Attachments: #1 Exhibit Proposed Order, #2 Exhibit Ex. A - Louisiana Certificate, #3 Exhibit Ex. B - Texas Certificates)(Beh, Thomas) QC mailer sent re incorrect form on 6/9/2023; refile (jrm).
June 5, 2023 Opinion or Order Filing 17 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim filed by Erica Mikulsky. (Attachments: #1 Declaration Declaration of Thomas M. Beh)(Nathan, Steven) (jrm).
May 18, 2023 Opinion or Order Filing 16 ORDER Granting Joint Motion to Continue Hearing and Set Briefing Schedule. The Court continues the hearing on Defendants motion to dismiss to Monday, 6/26/2023 at 10:30 a.m. The hearing will be telephonic, and the Court will provide the parties with the necessary dial-in information for the telephonic hearing the week before the hearing. Plaintiff's opposition to Defendant's motion to dismiss must be filed by 6/5/2023. Defendant's reply brief must be filed by 6/16/2023. Signed by Judge Marilyn L. Huff on 5/18/2023. (jrm)
May 17, 2023 Opinion or Order Filing 15 Joint MOTION to Continue Hearing Date and Briefing Deadlines for Defendants Pending Motion to Dismiss Plaintiffs Complaint by Noom, Inc.. (Rhodes, Michael)
May 12, 2023 Opinion or Order Filing 14 NOTICE Of Withdrawal of Counsel for David S. Louk by Noom, Inc. (Louk, David)(jrm).
May 8, 2023 Opinion or Order Filing 13 Corporate Disclosure Statement by Noom, Inc. No Corporate Parents/Interested Parties. (Rhodes, Michael)(jrm).
May 8, 2023 Opinion or Order Filing 12 MOTION to Dismiss for Failure to State a Claim by Noom, Inc. (Attachments: #1 Memo of Points and Authorities)(Rhodes, Michael) (jrm).
March 29, 2023 Opinion or Order Filing 11 NOTICE of Appearance by Aarti Reddy on behalf of Noom, Inc. (Reddy, Aarti)Attorney Aarti Reddy added to party Noom, Inc.(pty:dft) jrm).
March 28, 2023 Opinion or Order Filing 10 NOTICE of Appearance by Kyle Christopher Wong on behalf of Noom, Inc. (Wong, Kyle)Attorney Kyle Christopher Wong added to party Noom, Inc.(pty:dft)
March 28, 2023 Opinion or Order Filing 9 NOTICE of Appearance by David Scott Louk on behalf of Noom, Inc. (Louk, David)Attorney David Scott Louk added to party Noom, Inc.(pty:dft)
March 28, 2023 Opinion or Order Filing 8 NOTICE of Appearance by Christina Jensen on behalf of Noom, Inc. (Jensen, Christina)Attorney Christina Jensen added to party Noom, Inc.(pty:dft)
March 28, 2023 Opinion or Order Filing 7 NOTICE of Appearance by Michael G Rhodes on behalf of Noom, Inc. (Rhodes, Michael)Attorney Michael G Rhodes added to party Noom, Inc.(pty:dft)
March 7, 2023 Opinion or Order Filing 6 WAIVER OF SERVICE Returned Executed by Erica Mikulsky, as to Noom, Inc.. (Nathan, Steven) (jms).
February 22, 2023 Opinion or Order Filing 5 ORDER Approving #3 Pro Hac Vice Application of James J. Pizzirusso. Signed by Judge Marilyn L. Huff on 2/22/2023.(jrm)
February 21, 2023 Opinion or Order Filing 4 SUMMONS Returned Executed by Erica Mikulsky. Noom, Inc. served. (Nathan, Steven) (jms).
February 16, 2023 Opinion or Order Filing 3 Request to Appear Pro Hac Vice ( Filing fee received: $ 213 receipt number ACASDC-17592850.) (Application to be reviewed by Clerk.) (Pizzirusso, James) (rmc).
February 14, 2023 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. (mjw) (sjt).
February 14, 2023 Opinion or Order Filing 1 COMPLAINT with Jury Demand against Noom, Inc. ( Filing fee $ 402 receipt number ACASDC-17586000.), filed by Erica Mikulsky. (Attachments: #1 Civil Cover Sheet)The new case number is 3:23-cv-285-H-MSB. Judge Marilyn L. Huff and Magistrate Judge Michael S. Berg are assigned to the case. (Nathan, Steven)(mjw) (sjt).

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Plaintiff: Erica Mikulsky
Represented By: Steven Nathan
Represented By: James Pizzirusso
Represented By: Thomas M. Beh
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Defendant: Noom, Inc.
Represented By: Christina Jensen
Represented By: David Scott Louk
Represented By: Kyle Christopher Wong
Represented By: Michael G Rhodes
Represented By: Aarti Reddy
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