Toth v. Everly Well, Inc. et al
| Joyce Toth |
| Everly Well, Inc. and Everly Health, Inc. |
| 1:2023cv11043 |
| May 10, 2023 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Other Fraud |
| 28 U.S.C. § 1332 Diversity-Fraud |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 34 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #30 Motion for Discovery.The court will allow the motion as to Proposed Interrogatory No. 1. The motion is denied in all other respects. Proposed Interrogatory No. 2 has already, in substance, been answered by Everywell through testimony that this link has redirected to the "Terms of Use" since at least July 2022. Proposed Interrogatory Nos. 3 & 4 are redundant where, as here, Everywell does not dispute that the allegation in the Complaint that consumers need not click on the hyperlink for or scroll through the Terms and Conditions. Proposed Interrogatory No. 5 and Proposed Request for Production No. 1 have limited relevance to the issue before the court and are, in any event, not necessary for Toth to assert unconscionability in her opposition.The briefing schedule will remain as currently scheduled. (RGS, law3) |
| Filing 33 Errata by Everly Health, Inc., Everly Well, Inc. to #29 MOTION to Compel Arbitration or Alternatively Dismiss Plaintiff's Complaint Errata to Affidavit of B. Lusenhop. (Peaslee, Katherine) |
| Filing 32 RESPONSE to Motion re #30 MOTION for Discovery - Plaintiff's Motion for Limited Discovery filed by Everly Health, Inc., Everly Well, Inc.. (Attachments: #1 Proposed Order)(Peaslee, Katherine) |
| Filing 31 EXHIBIT re #30 MOTION for Discovery - Plaintiff's Motion for Limited Discovery - [Proposed] Order Granting Plaintiff's Motion for Limited Discovery by Joyce Toth. (Seidita, Gemma) |
| Filing 30 MOTION for Discovery - Plaintiff's Motion for Limited Discovery by Joyce Toth. (Attachments: #1 Exhibit 1 - Declaration of Anna C. Haac in Support of Motion for Limited Discovery, #2 Exhibit A - March 21, 2022 Website Capture, #3 Exhibit B - May 21, 2022 Website Capture)(Seidita, Gemma) |
| Filing 29 MOTION to Compel Arbitration or Alternatively Dismiss Plaintiff's Complaint by Everly Health, Inc., Everly Well, Inc.. (Attachments: #1 Memorandum in Support of Motion, #2 Affidavit of A. Herber, #3 Affidavit of B. Lusenhop, #4 Affidavit of K. Peaslee)(Peaslee, Katherine) |
| Filing 28 NOTICE of Appearance by Krysta Kauble Pachman on behalf of Everly Health, Inc., Everly Well, Inc. (Pachman, Krysta) |
| Filing 27 NOTICE of Appearance by Alan M. Feldman on behalf of Joyce Toth (Feldman, Alan) |
| Filing 26 NOTICE of Appearance by Edward S. Goldis on behalf of Joyce Toth (Goldis, Edward) |
| Filing 25 NOTICE of Appearance by Katherine M. Peaslee on behalf of Everly Health, Inc., Everly Well, Inc. (Peaslee, Katherine) |
| Filing 24 NOTICE of Appearance by Zachary Arbitman on behalf of Joyce Toth (Arbitman, Zachary) |
| Filing 23 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #16 , #17 , #18 Motions for Leave to Appear Pro Hac Vice. Alan M. Feldman, Edward S. Goldis, and Zachary Arbitman added. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) |
| Filing 22 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting in part and denying in part #19 Motion for Extension of Time. Plaintiff Joyce Toth instituted this class action, consumer protection litigation against defendants Everly Well, Inc. and Everly Health, Inc. (together Everlywell), asserting that its Food Sensitivity Test Kit "cannot actually identify food sensitivities," -- additionally, "that while selling expensive snake oil and earning massive profits from the sale, [it] also acquir[es] for no cost valuable Private Consumer Data, which they claim to have a right to use for their own purposes and profit." Compl. para. 1. Earthwell states its intention to file a Motion to Compel Arbitration or, in the alternative, to Dismiss for Failure to State a Claim. Toth "anticipates that discovery may be needed in order to respond to the Motion to Compel Arbitration given the possibility that that motion will raise disputes of fact, and Defendant has agreed to work cooperatively with Plaintiff regarding reasonable requests for the production of discovery relating to arbitrability." Dkt #19 para. 2. The parties have filed a joint motion requesting a lengthy briefing schedule and to add considerable page length to their pleadings in support. The motion is ALLOWED in part and DENIED in part.Earlywell's motion to dismiss is due by July 3, 2023, with Toth's Opposition due on July 24, 2023. If Toth requires discovery to respond to the motion, they can file a motion with the court by July 11, 2023, proposing what discovery and time they would like. Otherwise, Earlywell's Reply is due by August 1, 2023. The parties' initial memoranda can include up to 25 pages -- the Reply may be no more than ten pages. (Zierk, Marsha) |
| Filing 21 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #20 Motion for Leave to Appear Pro Hac Vice. Added Krysta Kauble Pachman and Katherine M. Peaslee. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) |
| Filing 20 Assented to MOTION for Leave to Appear Pro Hac Vice for admission of K. Pachman; K. Peaslee Filing fee: $ 250, receipt number AMADC-9886168 by Everly Health, Inc., Everly Well, Inc.. (Attachments: #1 Affidavit K. Pachman, #2 Affidavit K. Peaslee)(McGonigle, William) |
| Filing 19 Joint MOTION for Extension of Time to July 31, 2023 to Respond to Complaint (& Enlarge Pages & Leave for Reply) by Everly Health, Inc., Everly Well, Inc..(McGonigle, William) |
| Filing 18 MOTION for Leave to Appear Pro Hac Vice for admission of Zachary Arbitman Filing fee: $ 125, receipt number AMADC-9885756 by Joyce Toth. (Attachments: #1 Exhibit A - Local Rule 83.5.3(e)(3) Certification of Counsel Zachary Arbitman)(Seidita, Gemma) |
| Filing 17 MOTION for Leave to Appear Pro Hac Vice for admission of Edward S. Goldis Filing fee: $ 125, receipt number AMADC-9885749 by Joyce Toth. (Attachments: #1 Exhibit A - Local Rule 83.5.3(e)(3) Certification of Counsel Edward S. Goldis)(Seidita, Gemma) |
| Filing 16 MOTION for Leave to Appear Pro Hac Vice for admission of Alan M. Feldman Filing fee: $ 125, receipt number AMADC-9885724 by Joyce Toth. (Attachments: #1 Exhibit A - Local Rule 83.5.3(e)(3) Certification of Counsel Alan M. Feldman)(Seidita, Gemma) |
| Filing 15 NOTICE of Appearance by William F. McGonigle, III on behalf of Everly Health, Inc., Everly Well, Inc. (McGonigle, William) |
| Filing 14 AFFIDAVIT OF SERVICE Executed by Joyce Toth. Everly Well, Inc. served on 5/17/2023, answer due 6/7/2023. Acknowledgement filed by Joyce Toth. (Seidita, Gemma) |
| Filing 13 AFFIDAVIT OF SERVICE Executed by Joyce Toth. Everly Health, Inc. served on 5/17/2023, answer due 6/7/2023. Acknowledgement filed by Joyce Toth. (Seidita, Gemma) |
| Filing 12 NOTICE of Appearance by Leora N. Friedman on behalf of Joyce Toth (Friedman, Leora) |
| Filing 11 NOTICE of Appearance by Kristen G. Simplicio on behalf of Joyce Toth (Simplicio, Kristen) |
| Filing 10 NOTICE of Appearance by Anna C. Haac on behalf of Joyce Toth (Haac, Anna) |
| Filing 9 Summons Issued as to Everly Health, Inc., Everly Well, Inc.. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Cook, Savannah) |
| Filing 8 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #4 Motion for Leave to Appear Pro Hac Vice. Added Leora N. Friedman. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) |
| Filing 7 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #3 Motion for Leave to Appear Pro Hac Vice. Added Kristen G. Simplicio. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) |
| Filing 6 Judge Richard G. Stearns: ELECTRONIC ORDER entered granting #2 Motion for Leave to Appear Pro Hac Vice. Added Anna C. Haac. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at # https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions # https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Pacho, Arnold) |
| Filing 5 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Finn, Mary) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice for admission of Leora N. Friedman Filing fee: $ 125, receipt number AMADC-9849434 by Joyce Toth. (Attachments: #1 Exhibit A - Local Rule 83.5.3(e)(3) Certification Of Counsel Leora N. Friedman)(Seidita, Gemma) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice for admission of Kristen G. Simplicio Filing fee: $ 125, receipt number AMADC-9849433 by Joyce Toth. (Attachments: #1 Exhibit A - Local Rule 83.5.3(e)(3) Certification Of Counsel Kristen G. Simplicio)(Seidita, Gemma) |
| Filing 2 MOTION for Leave to Appear Pro Hac Vice for admission of Anna C. Haac Filing fee: $ 125, receipt number AMADC-9849431 by Joyce Toth. (Attachments: #1 Exhibit A - Local Rule 83.5.3(e)(3) Certification of Counsel Anna C. Haac)(Seidita, Gemma) |
| Filing 1 COMPLAINT - Class Action against Everly Health, Inc., Everly Well, Inc. Filing fee: $ 402, receipt number AMADC-9849427 (Fee Status: Filing Fee paid), filed by Joyce Toth. (Attachments: #1 Civil Cover Sheet, #2 Category Form, #3 Everly Well, Inc. Proposed Summons, #4 Everly Health, Inc. Proposed Summons)(Seidita, Gemma) |
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