Mikulsky v. Noom, Inc.
| Erica Mikulsky |
| Noom, Inc. |
| 3:2023cv00285 |
| February 14, 2023 |
| US District Court for the Southern District of California |
| Michael S Berg |
| Marilyn L Huff |
| Other Statutory Actions |
| 28 U.S.C. § 1453 Class Action Fairness Act |
| Plaintiff |
Docket Report
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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).
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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).
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Filing 35
Joint MOTION to Continue Briefing Deadlines for Defendants Motion To Dismiss Plaintiff's First Amended Complaint by Noom, Inc.. (Reddy, Aarti) (mjw).
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Filing 34
AMENDED COMPLAINT with Jury Demand against Noom, Inc., filed by Erica Mikulsky. (Nathan, Steven) (mjw).
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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)
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Filing 32
RESPONSE in Support re #27 MOTION for Leave to Electronically File Documents (First Amended Complaint) filed by Erica Mikulsky. (Beh, Thomas) (mjw).
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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).
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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).
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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).
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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)
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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).
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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)
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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)
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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)
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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)
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Filing 22
REPLY to Response to Motion re #12 MOTION to Dismiss for Failure to State a Claim filed by Noom, Inc.. (Rhodes, Michael)
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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)
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Filing 20
ORDER Approving #19 Pro Hac Vice Application of Thomas M. Beh. Signed by Judge Marilyn L. Huff on 6/12/2023.(jrm)
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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).
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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).
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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).
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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)
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Filing 15
Joint MOTION to Continue Hearing Date and Briefing Deadlines for Defendants Pending Motion to Dismiss Plaintiffs Complaint by Noom, Inc.. (Rhodes, Michael)
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Filing 14
NOTICE Of Withdrawal of Counsel for David S. Louk by Noom, Inc. (Louk, David)(jrm).
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Filing 13
Corporate Disclosure Statement by Noom, Inc. No Corporate Parents/Interested Parties. (Rhodes, Michael)(jrm).
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Filing 12
MOTION to Dismiss for Failure to State a Claim by Noom, Inc. (Attachments: #1 Memo of Points and Authorities)(Rhodes, Michael) (jrm).
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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).
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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)
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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)
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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)
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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)
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Filing 6
WAIVER OF SERVICE Returned Executed by Erica Mikulsky, as to Noom, Inc.. (Nathan, Steven) (jms).
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Filing 5
ORDER Approving #3 Pro Hac Vice Application of James J. Pizzirusso. Signed by Judge Marilyn L. Huff on 2/22/2023.(jrm)
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Filing 4
SUMMONS Returned Executed by Erica Mikulsky. Noom, Inc. served. (Nathan, Steven) (jms).
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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).
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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).
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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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