Federal Trade Commission v. Kochava, Inc.
| Federal Trade Commission |
| Kochava, Inc. |
| 2:2022cv00377 |
| August 29, 2022 |
| U.S. District Court for the District of Idaho |
| David C Nye |
| B Lynn Winmill |
| Other Statutory Actions |
| 15 U.S.C. § 45 Federal Trade Commission Act |
| None |
Docket Report
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This docket was last retrieved on July 1, 2025. A more recent docket listing may be available from PACER.
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Filing 36
DOCKET ENTRY ORDER: Defendant Kochava's motions to seal (Dkts. 31 & 32) are GRANTED. Compelling reasons exist to maintain the Amended Complaint (Dkt. 26) and Motion to Dismiss (Dkt. 33) under seal until the merits of this disagreement can be resolved through Kochava's forthcoming Rule 11 motion for sanctions. The Amended Complaint (Dkt. 26) and Motion to Dismiss (Dkt. 33) shall therefore remain under seal until the Court resolves Kochava's forthcoming Rule 11 motion or, if no such motion is filed, until the Court resolves the FTC's pending Motion to Withdraw (Dkt. 29). Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mhw)
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Filing 35
CERTIFICATE OF SERVICE by Kochava, Inc. re #33 SEALED MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) (Mariam, Craig)
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Filing 34
Motion to Dismiss for Failure to State a Claim First Amended Complaint Craig Joel Mariam appearing for Defendant Kochava, Inc.. Responses due by 7/26/2023 (Attachments: #1 Memorandum in Support)(Mariam, Craig)
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Filing 33
SEALED MOTION to Dismiss First Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6) Craig Joel Mariam appearing for Defendant Kochava, Inc.. Responses due by 7/26/2023 (Attachments: #1 Memorandum in Support)(Mariam, Craig)
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Filing 32
MOTION to Seal Defendant Kochava Inc.'s Motion to Dismiss First Amended Complaint Craig Joel Mariam appearing for Defendant Kochava, Inc.. Responses due by 7/26/2023 (Attachments: #1 Memorandum in Support)(Mariam, Craig)
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Filing 31
MOTION to Seal Defendant Kochava Inc.'s Motion to Maintain Amended Complaint Under Seal Craig Joel Mariam appearing for Defendant Kochava, Inc.. Responses due by 7/18/2023 (Attachments: #1 Memorandum in Support of Motion to Seal, #2 Exhibit A to Memorandum in Support of Motion to Seal, #3 Exhibit B to Memorandum in Support of Motion to Seal)(Mariam, Craig)
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Filing 30
NOTICE by Kochava, Inc. re #29 MOTION to Withdraw #25 MOTION to Seal Document (Amended Complaint) MOTION to Unseal Document #26 Sealed Document (Amended Complaint), #25 MOTION to Seal Document (Amended Complaint) Intent to Oppose FTC Motion to Unseal Amended Complaint in Response to FTC Purported Withdrawal of Motion to Seal (Mariam, Craig)
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Filing 29
MOTION to Withdraw #25 MOTION to Seal Document (Amended Complaint) , MOTION to Unseal Document #26 Sealed Document (Amended Complaint) ( Responses due by 7/3/2023)Brian Shull appearing for Plaintiff Federal Trade Commission. (Attachments: #1 Memorandum in Support of Motion to Withdraw Motion to Seal and to Unseal the Amended Complaint, #2 Declaration of Julia Horwitz, #3 Declaration of Joseph Swindal)(Shull, Brian)
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Filing 28
DOCKET ENTRY ORDER: The Court approves the parties' Joint Stipulation for Extension of Time to Respond to First Amended Complaint (Dkt. 27). Kochava must respond to the First Amended Complaint on or before July 5, 2023. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (mhw)
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Filing 27
STIPULATION re #26 Sealed Document First Amended Complaint by Kochava, Inc.. (Mariam, Craig)
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Filing 26
Sealed Document Re: #25 MOTION to Seal Document (Amended Complaint). (Shull, Brian)
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Filing 25
MOTION to Seal Document (Amended Complaint) Brian Shull appearing for Plaintiff Federal Trade Commission. Responses due by 6/26/2023 (Attachments: #1 Memorandum in Support of Motion to Seal)(Shull, Brian)
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Filing 24
MEMORANDUM DECISION AND ORDER - IT IS ORDERED that Defendant's Motion to Dismiss (Dkt. #7 ) is GRANTED with leave to amend. Plaintiff shall file an amended complaint, if at all, within 30 days after entry of this Memorandum Decision and Order. Signed by Judge B Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (hs)
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Filing 23
RESPONSE re #22 Notice (Other), #7 Motion to Dismiss for Failure to State a Claim filed by Kochava, Inc. Kochava Inc,'s Response to Plaintiff's Second Notice of Supplemental Authority Regarding Kochava's Motion to Dismiss. (Mariam, Craig)
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Filing 22
NOTICE by Federal Trade Commission re #7 Motion to Dismiss for Failure to State a Claim Notice of Supplemental Authority (Attachments: #1 Exhibit 1 - FTC v. Walmart)(Horwitz, Julia)
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Filing 21
Notice of Filing of Official Transcript of Proceedings held on 2/21/23 before Judge B. Lynn Winmill. Court Reporter Tamara Hohenleitner, Email tammy_hohenleitner@id.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. This transcript is not available to the general public and as such is sealed until release of transcript restriction re #20 Motion Hearing. Redaction Request due 3/20/2023. Redacted Transcript Deadline set for 3/30/2023. Release of Transcript Restriction set for 5/30/2023. (th)
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Filing 20
Minute Entry for proceedings held before Judge B Lynn Winmill: A Motion Hearing was held via Zoom on 2/21/2023 re #7 Motion to Dismiss filed by Kochava, Inc. A written decision is forthcoming. (Court Reporter Tammy Hohenleitner.) (jlg)
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Filing 19
DOCKET ENTRY NOTICE OF HEARING regarding #7 Motion to Dismiss for Failure to State a Claim: A Video Motion Hearing is set for 2/21/2023 at 10:00 AM via Zoom before Judge B Lynn Winmill. Counsel received a video link via separate notification. Members of the public may use the following to attend this matter via Audio ONLY: 1-669-254-5252, Meeting ID: 160 853 9258, Meeting Passcode: 590365. Persons granted remote access to proceedings are reminded of the general prohibition under federal law and Local Rule 83.1 against photographing, recording, and rebroadcasting of court proceedings. (jlg)
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Filing 18
SUPPLEMENT by Defendant Kochava, Inc. re #7 Motion to Dismiss for Failure to State a Claim re Request for Judicial Notice. (Attachments: #1 Exhibit Ex C to RFJN)(Mariam, Craig)
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Filing 17
SCHEDULING ORDER Amended Pleadings due by 5/5/2023. Discovery due by 1/15/2024. Joinder of Parties due by 5/5/2023. Motions due by 5/5/2024. ADR shall take place by 1/26/2024. Telephonic Status Conference set for 7/24/2023 10:00 AM in Telephonic Hearing - Boise Chambers before Judge B Lynn Winmill. Signed by Judge B Lynn Winmill. (alw)
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Filing 16
NOTICE by Federal Trade Commission re #7 Motion to Dismiss for Failure to State a Claim - Notice of Supplemental Authority (Attachments: #1 Exhibit 1 - FTC v. Roomster Corp.)(Horwitz, Julia)
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Filing 15
SCHEDULING CONFERENCE FORM - LITIGATION PLAN by Federal Trade Commission. (Horwitz, Julia)
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Filing 14
DISCOVERY PLAN by Federal Trade Commission . (Horwitz, Julia)
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Filing 13
DOCKET ENTRY NOTICE OF HEARING regarding #7 Motion to Dismiss for Failure to State a Claim: A Video Motion Hearing is set for 2/21/2023 at 10:00 AM Mountain Time via Zoom before Judge B Lynn Winmill. A Zoom link will be provided prior to the date of the hearing. (jlg)
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Filing 12
REPLY to Response to Motion re #7 Motion to Dismiss for Failure to State a Claim filed by Kochava, Inc..Motion Ripe Deadline set for 12/5/2022.(Mariam, Craig)
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Filing 11
RESPONSE to Motion re #7 Motion to Dismiss for Failure to State a Claim filed by Federal Trade Commission. Replies due by 12/2/2022.(Shull, Brian)
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Filing 10
LITIGATION ORDER AND NOTICE OF TELEPHONIC SCHEDULING CONFERENCE Telephonic Scheduling Conference set for 2/10/2023 10:00 AM in Telephonic Hearing - Boise Chambers before Judge B Lynn Winmill. On or before February 3, 2023, the parties must file with the Court the jointLitigation Plan and Discovery Plan. Signed by Judge B Lynn Winmill. (alw)
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Filing 9
NOTICE of Appearance by Elizabeth Scott on behalf of Federal Trade Commission (Scott, Elizabeth)
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The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (alw)
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Filing 8
Corporate Disclosure Statement by Kochava, Inc.. (Mariam, Craig)
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Filing 7
Motion to Dismiss for Failure to State a Claim Craig Joel Mariam appearing for Defendant Kochava, Inc.. Responses due by 11/18/2022 (Attachments: #1 Memorandum of Points and Authorites in Support of Motion to Dismiss, #2 Request for Judicial Notice in Support of Motion to Dismiss, #3 Exhibit A to Request for Judicial Notice, #4 Exhibit B to Request for Judicial Notice)(Mariam, Craig)
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CORRECTIVE ENTRY - The entry docket number Expired 60 Day ddl re Consents was filed incorrectly in this case. Please disregard.(alw)
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The 60 day deadline has expired. Case will remain with a District Judge. No more notice of availability or assignment will be sent out. Consent deadline(s) termed. (alw)
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Filing 6
DOCKET ENTRY ORDER: Due to the matters at issue in this case, and Judge Winmill having the related case, IT IS HEREBY ORDERED that this case is reassigned to Judge B. Lynn Winmill for all further proceedings. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (ab)
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DOCKET ENTRY NOTICE of Case Number Change, Case reassigned to Judge B Lynn Winmill for all further proceedings. Judge David C. Nye no longer assigned to case. Please use this case number on all future pleadings, 2:22-cv-00377-BLW (lm)
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Filing 5
NOTICE of Availability of Magistrate Judge and Requirement for Consent sent to counsel for Federal Trade Commission, Kochava, Inc. re #4 Notice of Appearance, #1 Complaint Consent/Objection to Magistrate due by 10/31/2022. (alw)
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NOTICE: Pursuant to FRCP 7.1 you are required to file a Corporate Disclosure Statement with the Clerk's Office. You can do this by choosing the category Other Documents, then select Corporate Disclosure Statement. (alw)
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Filing 4
NOTICE of Appearance by Julia A Horwitz on behalf of Federal Trade Commission (Horwitz, Julia)
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Filing 3
Summons Issued as to Kochava, Inc.. (Print attached Summons for service.) (ac)
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Filing 2
WAIVER OF SERVICE Returned Executed by Federal Trade Commission. Kochava, Inc. waiver sent on 8/29/2022, answer due 10/28/2022. (Shull, Brian)
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Filing 1
COMPLAINT for Permanent Injunction and Other Relief against Kochava, Inc., filed by Federal Trade Commission. (Attachments: #1 Summons, #2 Cover Sheet)(Shull, Brian)
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| Plaintiff: Federal Trade Commission | |
| Represented By: | Brian Shull |
| Represented By: | Julia A Horwitz |
| Represented By: | Elizabeth Scott |
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| Defendant: Kochava, Inc. | |
| Represented By: | Craig Joel Mariam |
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