Nichols, et al. v. Noom Inc., et al.

Plaintiff:	Geraldine Mahood, Alexandra Burwood, Maryanne Deracleo, Jennifer Sellers, Rebecca Richards, Elvera Honore, Susan Brewster, Mojo Nichols, Melissa Cuevas, Karen Kelly, Duane Dea and Stacy Spencer
Defendant:	Noom Inc., Artem Petakov and John Does
Case Number:	1:2020cv03677
Filed:	May 12, 2020
Court:	US District Court for the Southern District of New York
Presiding Judge:	Katharine H Parker
Referring Judge:	Lorna G Schofield
Nature of Suit:	Other Fraud
Cause of Action:	28 U.S.C. § 1332 bc Diversity-Breach of Contract
Jury Demanded By:	Plaintiff

Date Filed	Document Text
July 12, 2022	Filing 519 OPINION AND ORDER: For the foregoing reasons, this Court certifies the Class for purposes of settlement and approves the terms and conditions of the Settlement Agreement subject to it being fully funded by Defendant. The Gross Settlement Fund for payment to Class Members is $56,000,000. Plaintiffs' requests for (1) service awards totaling $135,000; and (2) $18,666,666 in attorneys' fees are GRANTED. Thus, the Court approves awards, totaling $18,801,666 which are to be deducted from the Gross Settlement Fund amount of $56,000,000. The parties shall proceed with the administration of the settlement in accordance with the terms of the Settlement Agreement. This action is dismissed with prejudice. The Clerk of Court is directed to terminate the case. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/12/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.
July 12, 2022	Filing 518 ORDER AND FINAL JUDGMENT: (1) CONFIRMING CERTIFICATION OF CLASS; (2) GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT; AND (3) ENTERING FINAL JUDGMENT AND DISMISSAL WITH PREJUDICE: IT IS HEREBY ORDERED AND ADJUDGED as follows: 1. For purposes of this Order and Final Judgment (the "Judgment"), the Court adopts all defined terms as set forth in the Settlement Agreement. 2. This Court has jurisdiction over the subject matter of the Action and all parties to the Action, including all members of the Class pursuant to 28 U.S.C. 1332(d) because the amount in controversy exceeds $5,000,000, exclusive of interest and costs, and at least one Class Member is a citizen of a state different from Defendants. 3. With respect to the Class and for settlement purposes only, this Court finds as to the Class that: a. the Class is so numerous that joinder of all members is impracticable; b. there are questions of law or fact common to the Class; as further set forth herein. 4. For settlement purposes only, the Court certifies the following class under Rule 23(e): 5. All natural persons who purchased a Noom Healthy Weight Subscription in the United States via the Noom website or mobile app from May 12, 2016 to October 6, 2020 and who (i) were charged by Noom for a Healthy Weight Subscription and (ii) did not receive a full refund or chargeback of all Noom Healthy Weight Subscription charges. For the avoidance of doubt, persons who purchased a Noom Healthy Weight Subscription via the Apple App Store or Google Play Store are excluded from the Class. The following entities and individuals are not Class Members, as further set forth herein. 6. Pursuant to Rule 23(c)(3), all persons within the Class, other than those excluded above, are bound by this Judgment. 7. Based on the evidence and other material submitted in conjunction with the Fairness Hearing, the Court hereby finds and concludes that notice was disseminated to the Class in accordance with the Settlement Agreement and the Court's Preliminary Approval Order. 8. The Court finds and concludes that the Notice and all other aspects of the Notice Plan, exclusion, and objection procedures set forth in the Settlement Agreement fully satisfy Rule 23 and the requirements of due process; and were the best practicable under the circumstances. 9. There were no objections to the Settlement, and 8 Class Members requested to opt out of the Settlement. 10. The Court finds that the Settlement Agreement is the product of arm's length settlement negotiations between the Parties. 11. The Court finds and concludes that, with respect to the Class, the Settlement meets the criteria for final approval set forth in Rule 23(e)(2) and the City of Detroit v. Grinnell Corporation, 495 F.2d 448 (2d Cir. 1974), and that the Settlement is fair, reasonable, and adequate, and should be approved. 12. The Court hereby approves the Settlement and directs the Parties to consummate the Settlement Agreement according to its terms. The Settlement Agreement's terms, including the releases therein, are fair, just, reasonable, and adequate. Upon the Effective Date, all released claims are fully, finally, and forever released, relinquished, and discharged. The Parties shall abide by all terms of the Settlement Agreement, which are incorporated herein, and this Judgment. Without further order of the Court, the Parties may agree to reasonably necessary extensions of time to carry out any of the provisions of the Settlement Agreement and to make other non-material modifications in implementing the Settlement Agreement that are not inconsistent with this Judgment. 13. The Parties are to bear their own attorneys' fees and costs, except as otherwise expressly provided in the Settlement Agreement and in this Judgment. 14. Upon consideration of Class Counsel's request for Service Awards to the individuals that materially assisted in the prosecution of this matter, the request is granted. The Service Awards shall be paid from the Settlement fund in the amount requested and on terms specified in Settlement Agreement. 15. Upon consideration of Class Counsel's request for an award of fees and costs, the request is granted. Class Counsel's fees and expenses shall be paid from the Settlement fund in the amount requested and on terms specified in Settlement Agreement. 16. This Action is hereby dismissed on the merits and with prejudice. The Action is closed. Without affecting the finality of this Judgment in any way, the Court hereby retains exclusive jurisdiction, to the extent necessary, to resolve any disputes under the Settlement Agreement or to effectuate the terms of the Settlement Agreement. 17. This document is a final, appealable order and shall constitute a judgment for purposes of Rules 54 and 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. Motions terminated: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. (Signed by Magistrate Judge Katharine H. Parker on 7/12/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.
July 12, 2022	Case Stay Lifted. (vfr)
July 12, 2022	Terminate Transcript Deadlines (vfr)
July 11, 2022	Filing 517 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker - Courtroom 17D: Approval Hearing of Settlement held on 7/11/2022 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
July 8, 2022	NOTICE TO COUNSEL: REMINDER of the Final Approval Hearing scheduled for July 11, 2022 at 10:00 A.M. before Judge Katharine H. Parker in Courtroom 17-D, United Stated Courthouse, 500 Pearl Street, New York, NY 10007 re: #500 Order.(ca)
July 7, 2022	Filing 516 MEMO ENDORSEMENT on re: #515 Letter Unopposed Remote Appearance Request at Final Approval and Status Conference Hearing filed by Artem Petakov, Noom Inc. ENDORSEMENT: APPLICATION GRANTED: Counsel is directed to email chambers with a telephone number where they can be connected to the conference on Monday, July 11, 2022 at 10:00 a.m. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 7/7/22) (yv)
July 6, 2022	Filing 515 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 6, 2022 re: Unopposed Remote Appearance Request at Final Approval and Status Conference Hearing. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
July 6, 2022	Filing 514 CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 7-6-22 re: Final Update on Rule 23 Notice Campaign in Advance of Hearing. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
June 30, 2022	Filing 513 LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-21-22 re: Requesting Approval of Plaintiffs' Cy Pres Recipient Designations. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B).(McInturff, J. Burkett)
June 30, 2022	***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney J. Burkett McInturff to RE-FILE Document #512 MOTION to Approve Plaintiffs' Designation of Cy Pres Recipients . Use the event type Letter found under the event list Other Documents. (db)
June 21, 2022	Filing 512 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Approve Plaintiffs' Designation of Cy Pres Recipients . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B).(McInturff, J. Burkett) Modified on 6/30/2022 (db).
June 21, 2022	Filing 511 DECLARATION of Denise Earle (on behalf of Settlement Administrator Angeion Group) in Support of Notice Compliance. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Wittels, Steven)
June 10, 2022	Filing 510 DECLARATION of Professor Charles Silver in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
June 10, 2022	Filing 509 DECLARATION of Alan R. Plutzik in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Wittels, Steven)
June 10, 2022	Filing 508 DECLARATION of Benjamin F. Johns in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Wittels, Steven)
June 10, 2022	Filing 507 DECLARATION of Steven L. Wittels in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Text of Proposed Order (Exhibit A), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Wittels, Steven)
June 10, 2022	Filing 506 MEMORANDUM OF LAW in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
June 10, 2022	Filing 505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
June 7, 2022	Filing 504 ORDER granting #503 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/7/2022) (vfr)
June 6, 2022	Filing 503 LETTER MOTION for Leave to File Excess Pages in Support of Plaintiffs' Forthcoming Final Approval Motion (Unopposed) addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated June 6, 2022. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
April 7, 2022	Filing 502 ORDER granting #498 Letter Motion to Seal (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
March 30, 2022	Filing 501 ORDER granting #492 Letter Motion to Seal (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
February 23, 2022	Filing 500 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF THE CLASS ACTION SETTLEMENT, PROVISIONAL CERTIFICATION OF THE SETTLEMENT CLASS, APPOINTMENT OF CLASS COUNSEL AND CLASS REPRESENTATIVES, AND APPROVAL OF THE NOTICE PLAN AND RELATED PROCEDURES granting #494 Motion for Settlement. NOW THEREFORE, THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS: Unless otherwise defined herein, all capitalized terms herein shall have the same definitions as set forth in the Settlement Agreement between Defendants Noom, Inc. and Artem Petakov ("Noom") and Plaintiffs Mojo Nichols, Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Rebecca Richards, Jennifer Sellers, and Stacy Spencer ("Plaintiffs") (collectively, the "Parties"). This Court has jurisdiction over the subject matter of the Action and all parties to the Action, including members of the Class. The Court finds that, subject to further consideration at the Final Approval Hearing, the Settlement is fair, reasonable, adequate, and that the Court will likely be able to approve the Settlement under Rule 23(e)(2) and certify the class for purposes of judgment on the Settlement, as further set forth in this Order. The Court likewise preliminarily finds that the Settlement meets all applicable requirements of law, including Rule 23(e) and the Class Action Fairness Act, 28 U.S.C. 1715; that the relief provided to the Class is adequate; that Plaintiffs and Plaintiffs' counsel have adequately represented the class; and that the Settlement treats Class Members equitably relative to each other. The Court therefore grants preliminary approval of the Settlement, including the terms and conditions for settlement and dismissal as set forth in the Settlement Agreement and accompanying Exhibits, and "so orders" all of its terms. The Court preliminarily finds only for settlement purposes that Plaintiffs have met the requirements for class certification under Rules 23(a) and (b) and finds that: a. the Class is so numerous that joinder of all members is impracticable; b. there are questions of law or fact common to the Class; as further set forth in this Order. For settlement purposes only, the Court provisionally certifies the following class under Rule 23(e): All natural persons who purchased a Noom Healthy Weight Subscription in the United States via the Noom website or mobile app from May 12, 2016 to October 6, 2020 and who (i) were charged by Noom for a Healthy Weight Subscription and (ii) did not receive a full refund or chargeback of all Noom Healthy Weight Subscription charges. For the avoidance of doubt, persons who purchased a Noom Healthy Weight Subscription via the Apple App Store or Google Play Store are excluded from the Class, as further set forth in this Order. The Court appoints Plaintiffs as Class Representatives. The Court finds that Plaintiffs' counsel meet the requirements of Rule 23(g) and appoints Steven Wittels, J. Burkett McInturff, Tiasha Palikovic, Steven D. Cohen, Susan J. Russell, Jessica L. Hunter, and Ethan D. Roman of Wittels McInturff Palikovic as Class Counsel. Angeion Group is authorized to establish a Qualified Settlement Fund ("QSF") for federal tax purposes pursuant to Treas. Reg. 1.468B-1. Noom shall be the "transferor" to the QSF within the meaning of Section 1.468B-1(d)(1) of the Treasury Regulations with respect to the Settlement Fund, as further set forth in this Order. A Final Approval Hearing is scheduled for July 11, 2022 at 10:00 A.M. in Courtroom 17-D, United Stated Courthouse, 500 Pearl Street, New York, NY 10007, as further set forth herein. On January 25, 2022, the Court entered a six-month stay of all Court deadlines (ECF No. 486). All proceedings in this Action are stayed until further ordered by this Court, except as may be necessary to implement the Settlement or comply with the terms of the Settlement Agreement, as further set forth herein. If the Settlement is not approved or consummated for any reason whatsoever, the Settlement and all proceedings in connection with the Settlement will be without prejudice to the right of the Parties to assert any right or position that could have been asserted if the Settlement Agreement had never been reached or proposed to the Court, except insofar as the Settlement Agreement provides to the contrary. In such an event, the certification of the Class will be deemed vacated. By entering this Order, the Court does not make any determination as to the merits of this case. Preliminary approval of the Settlement Agreement is not a finding of admission or liability by Defendants. The Court adopts the limitations on the admissibility of the Settlement Agreement as set forth therein. The Court retains jurisdiction over the Action to consider all further matters arising out of, or connected to, the Settlement and the settlement process as described therein and/or permitted under applicable law. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/23/2022) (vfr)
February 23, 2022	Set/Reset Hearings: Status Conference set for 7/11/2022 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (vfr)
February 15, 2022	Filing 499 *SELECTED PARTIES*DECLARATION of Eli Bartov, Ph.D. in Support re: #494 MOTION for Settlement Plaintiffs' Notice of Motion for Preliminary Approval of the Class Action Settlement and Related Relief.. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. Motion or Order to File Under Seal: #498 .(McInturff, J. Burkett)
February 15, 2022	Filing 498 LETTER MOTION to Seal /Redact Limited Portions of Bartov Declaration, ECF No. 496-2, (unopposed) addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff and Aarti Reddy dated 2-15-22. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
February 11, 2022	Filing 497 CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated February 11, 2022 re: Preliminary Approval Briefing and Settlement Logistics. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Text of Proposed Order).(Wittels, Steven)
February 11, 2022	Filing 496 DECLARATION of Steven L. Wittles in Support re: #494 MOTION for Settlement Plaintiffs' Notice of Motion for Preliminary Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A (Settlement Agreement), #2 Exhibit B (Bartov Declaration), #3 Exhibit C (WMP Firm Resume)).(Wittels, Steven)
February 11, 2022	Filing 495 MEMORANDUM OF LAW in Support re: #494 MOTION for Settlement Plaintiffs' Notice of Motion for Preliminary Approval of the Class Action Settlement and Related Relief. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
February 11, 2022	Filing 494 MOTION for Settlement Plaintiffs' Notice of Motion for Preliminary Approval of the Class Action Settlement and Related Relief. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
February 11, 2022	Filing 493 *SELECTED PARTIES*FOURTH AMENDED COMPLAINT amending #174 Amended Complaint, #490 Amended Complaint, against Artem Petakov, John Does, Noom Inc. with JURY DEMAND.Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. Related document: #174 Amended Complaint, #490 Amended Complaint,.Motion or Order to File Under Seal: #492 .(Hunter, Jessica)
February 11, 2022	Filing 492 JOINT LETTER MOTION to Seal /Redact Limited Portions of Plaintiffs' Fourth Amended Complaint, ECF No. 490 addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter and Aarti Reddy dated 2-11-22. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
February 11, 2022	Filing 491 EXHIBIT TO PLEADING re: #490 Amended Complaint,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
February 11, 2022	Filing 490 FOURTH AMENDED COMPLAINT amending #174 Amended Complaint, against John Does, Noom Inc., Artem Petakov with JURY DEMAND.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. Related document: #174 Amended Complaint,..(Wittels, Steven)
February 10, 2022	Filing 489 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Susan Brewster, Duane Dea, Maryanne Deracleo, John Does, Karen Kelly, Mojo Nichols, Noom Inc., Artem Petakov, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. (Signed by Judge Lorna G. Schofield on 2/10/2022).(ate)
February 10, 2022	Filing 488 ORDER granting #487 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/10/2022) (vfr)
February 10, 2022	Filing 487 CONSENT LETTER MOTION for Leave to File Excess Pages on Plaintiffs' Forthcoming Unopposed Motion for Preliminary Approval of The Class Action Settlement and Related Relief addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated February 10, 2022. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
January 25, 2022	Filing 486 ORDER. The parties having reached a settlement in principle, the stay in discovery is hereby extended for 6 months. All scheduled case management conferences are adjourned sine die. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
January 21, 2022	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 1/21/2022. (ca)
January 20, 2022	NOTICE TO COUNSEL: *TIME CHANGE* The Settlement Conference in this matter scheduled for Friday, January 21, 2022 will now begin at 2:45 P.M. The Parties' should call into the court conference line at (866) 434-5269 Code: 4858267 at the scheduled time. A security code has been emailed to counsel by chambers for his proceeding. re: #485 Order.(ca)
January 6, 2022	Filing 485 ORDER CONVERTING SETTLEMENT CONFERENCE TO TELEPHONIC: The Settlement Conference in this matter scheduled for Friday, January 21, 2022 at 10:00 a.m. is hereby converted to a telephonic conference. The Parties' should call into the court conference line at (866) 434-5269 Code: 4858267 at the scheduled time. A security code will be emailed to counsel by chambers for his proceeding. SO ORDERED. ( Telephone Conference set for 1/21/2022 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/6/2022) (vfr)
January 5, 2022	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 1/5/2022. (ca)
December 17, 2021	Filing 484 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Wednesday, January 5, 2022 at 5:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 1/5/2022 at 5:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/17/2021) (vfr)
December 17, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 12/17/2021. (ca)
December 10, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 12/10/2021. (ca)
December 10, 2021	Filing 483 SCHEDULING ORDER:Telephonic Settlement Status Conference set for 12/17/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker. The parties shall utilize the same ATT number and security code as today's conference. In-person Settlement Conference set for 1/21/2022 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. Discovery stay extended to 1/21/2022. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
December 3, 2021	Filing 482 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Friday, December 10, 2021 at 12:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 12/10/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/3/2021) (vfr)
December 3, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 12/3/2021. (ca)
December 1, 2021	Filing 481 ORDER GRANTING MOTIONS TO SEAL granting #369 Letter Motion to Seal; granting #389 Letter Motion to Seal; granting #404 Letter Motion to Seal; granting #416 Letter Motion to Seal; granting #420 Letter Motion to Seal; granting #423 Letter Motion to Seal; granting #426 Letter Motion to Seal; granting #439 Letter Motion to Seal; granting #443 Letter Motion to Seal; granting #453 Letter Motion to Seal; granting #457 Letter Motion to Seal; granting #461 Letter Motion to Seal. The Court respectfully requests that the Clerk of Court Grant following open motions to seal on ECF above-captioned case: ECF # 369, 389, 404, 416, 420, 423, 426, 439, 443, 453, 457 and 461. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/1/2021) (vfr)
November 22, 2021	Filing 480 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Friday, December 3, 2021 at 12:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 12/3/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/22/2021) (vfr)
November 22, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 11/22/2021. (ca)
November 15, 2021	Filing 479 ORDER granting #478 Letter Motion to Stay re: #478 JOINT LETTER MOTION to Stay re: 465 Order Joint Request for 30-day Extension of Stay addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 11-15-21. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/15/2021) (vfr)
November 15, 2021	Filing 478 JOINT LETTER MOTION to Stay re: 465 Order Joint Request for 30-day Extension of Stay addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 11-15-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
November 15, 2021	Case Stayed (vfr)
November 15, 2021	Terminate Transcript Deadlines. (vfr)
November 10, 2021	Filing 477 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Monday, November 22, 2021 at 11:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 11/22/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/10/2021) (vfr)
November 10, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 11/10/2021. (ca)
November 4, 2021	Filing 476 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Wednesday, November 10, 2021 at 12:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 11/10/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/4/2021) (vfr)
October 27, 2021	Filing 475 ORDER ADJOURNING CASE MANAGEMENT CONFERENCES: The Case Management Conferences in this matter currently scheduled for November 4, 2021 and December 2, 2021 are hereby adjourned. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/27/2021) (vfr)
October 9, 2021	Filing 474 ORDER ADJOURNING CASE MANAGEMENT CONFERENCE: The Case Management Conference in this matter currently scheduled for October 14, 2021 is hereby adjourned. SO Ordered. (Signed by Magistrate Judge Katharine H. Parker on 10/9/2021) (js)
September 28, 2021	Filing 473 ORDER. The motions to seal at ECF 369, 389, 404, 416, 420, 423, 426, 439, 443, 453, 457, 461 are granted. Provided, however, this Order applies for purposes of discovery only. There shall be no presumption that any of the information sealed by this order shall be permitted to be filed or presented under seal in connection with any dispositive motion or trial. The Clerk of Court is respectfully requested to terminate the motions. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
September 28, 2021	Filing 472 ORDER denying without prejudice #442 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
September 28, 2021	Filing 471 ORDER denying without prejudice #459 Motion to Compel; denying without prejudice #459 Motion for Protective Order. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
September 28, 2021	Filing 470 ORDER denying without prejudice #440 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
September 28, 2021	Filing 469 ORDER denying without prejudice #438 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
September 28, 2021	Filing 468 ORDER denying without prejudice #388 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
September 28, 2021	Filing 467 ORDER denying without prejudice #366 Motion to Compel (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)
September 24, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 9/24/2021. (ca)
September 14, 2021	Filing 466 ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic Settlement Conference in this matter scheduled for Friday, September 24, 2021 at 3:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 9/24/2021 at 03:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/14/2021) (vfr)
September 14, 2021	Filing 465 ORDER. All deadlines in this case are stayed for 60 days. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
September 14, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 9/14/2021. (ca)
September 13, 2021	Filing 464 MEMORANDUM & ORDER GRANTING PROTECTIVE ORDER granting #362 Motion for Protective Order. Please visit the Court's Website at www.nysd.uscourts.gov for Sealed Records Filing Instructions. For the reasons set forth above, Noom's motion for a protective order (ECF No. 362) is GRANTED. Plaintiffs are prohibited from using the confidential contact information of putative class members to contact such class members during the pre-certification phase of this case. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/13/2021) (rj)
September 13, 2021	Filing 463 ORDER ON APEX DEPOSITION granting #391 Letter Motion for Leave to File Document. For the reasons set forth above, Noom's letter motion for a protective order (ECF No. 391) is GRANTED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/13/2021) (rj)
September 13, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 9/13/2021. (ca)
September 10, 2021	Filing 462 *SELECTED PARTIES*DECLARATION of Ashley Corkery in Support re: #459 MOTION to Compel Deposition Responses. MOTION for Protective Order on Plaintiffs' Speaking Objections.. Document filed by Artem Petakov, Noom Inc., Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit Ex. A [Un-redacted] Transcript, #2 Exhibit Ex. B [Un-redacted] Transcript, #3 Exhibit Ex. C Sellers Transcript, #4 Exhibit Ex. D [Under Sealed] Transcript, #5 Exhibit Ex. E [Under Sealed] Transcript)Motion or Order to File Under Seal: #461 .(Corkery, Ashley)
September 10, 2021	Filing 461 LETTER MOTION to Seal Portions of Exhibits A and B and to Seal Exhibits D and E, Attached to Declaration [ECF No. 460]. addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated September 10, 2021. Document filed by Noom Inc., Artem Petakov..(Corkery, Ashley)
September 10, 2021	Filing 460 DECLARATION of Ashley Corkery in Support re: #459 MOTION to Compel Deposition Responses. MOTION for Protective Order on Plaintiffs' Speaking Objections.. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit Ex. A [Redacted] Transcript, #2 Exhibit Ex. B [Redacted] Transcript, #3 Exhibit Ex. C Sellers Transcript, #4 Exhibit Ex. D [Sealed] Transcript, #5 Exhibit Ex. E [Sealed] Transcript).(Corkery, Ashley)
September 10, 2021	Filing 459 MOTION to Compel Deposition Responses., MOTION for Protective Order on Plaintiffs' Speaking Objections. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
September 9, 2021	Filing 458 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated September 9, 2021 re: Request to Seal/Redact Revised Limited Portions of The August 11, 2021 Hearing Transcript (ECF No. 434). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Proposed Sealed August 11, 2021 Hearing Transcript (ECF No. 434))Motion or Order to File Under Seal: #457 .(Low, Charles)
September 9, 2021	Filing 457 LETTER MOTION to Seal /Redact Revised Limited Portions of The August 11, 2021 Hearing Transcript (ECF No. 434) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated September 9, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Proposed Redacted August 11, 2021 Hearing Transcript (ECF No. 434)).(Low, Charles)
September 9, 2021	Filing 456 ORDER granting #455 Letter Motion for Extension of Time to Answer re #455 LETTER MOTION for Extension of Time to File Answer re: #174 Amended Complaint, addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 8, 2021. APPLICATION GRANTED. Noom Inc. answer due 10/20/2021; Artem Petakov answer due 10/20/2021. (Signed by Magistrate Judge Katharine H. Parker on 9/9/2021) (vfr)
September 8, 2021	Filing 455 LETTER MOTION for Extension of Time to File Answer re: #174 Amended Complaint, addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 8, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
September 3, 2021	Filing 454 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 3, 2021 re: Letter Motion to Seal/ Redact Exhibit A and B to Nooms Emergency Application, ECF Nos. 444-1 & 444-2 (sealed versions). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Unredacted August 13, 2021 Maryanne Deracleo Deposition Transcript)Motion or Order to File Under Seal: #453 .(Reddy, Aarti)
September 3, 2021	Filing 453 JOINT LETTER MOTION to Seal /Redact Exhibit A and B to Nooms Emergency Application, ECF Nos. 444-1 & 444-2 (sealed versions) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 3, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Redacted August 13, 2021 Maryanne Deracleo Deposition Transcript).(Reddy, Aarti)
September 2, 2021	Filing 452 REDACTION to #220 Memorandum of Law in Support of Motion, to Amend/Correct Protective Order, with Updated Redactions as Ordered in ECF No. 451, by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer.(Wittels, Steven)
September 1, 2021	Filing 451 ORDER granting in part and denying in part #219 Letter Motion to Seal. Plaintiffs are hereby directed to refile their memorandum of law in support of their motion to amend/correct the protective order with updated redactions in accordance with the Court's Order above. The Court also respectfully requests that the Clerk of Court terminate the pending motion at ECF No. 219. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/1/2021) (vfr)
September 1, 2021	Filing 450 ORDER granting #449 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 9/1/2021) (vfr)
August 31, 2021	Filing 449 CONSENT LETTER MOTION for Extension of Time to File Pre-Conference Submissions in Advance of September 13-14 Settlement Conference addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 8-31-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
August 30, 2021	Filing 448 *SELECTED PARTIES*LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 8-30-21 re: #423 LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 422, and Plaintiffs' Exhibits A and C thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 08-09- Sealed Version of ECF No. 447. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Alexandra Burwood, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 Exhibit Sealed Version of ECF No. 447-1, #2 Exhibit Sealed Version of ECF No. 447-2)Motion or Order to File Under Seal: #423 .(McInturff, J. Burkett)
August 30, 2021	Filing 447 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 8-30-21 re: #423 LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 422, and Plaintiffs' Exhibits A and C thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 08-09- The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact Portions of ECF No. 422 and Seal Exhibit C Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 - Joint Pre-Conference Letter with Defendants' Updated Proposed Redaction, #2 Exhibit 2 - Redacted Version of Ex C to Joint Pre-Conference Letter).(McInturff, J. Burkett)
August 25, 2021	Filing 446 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Charles Low dated August 25, 2021 re: #438 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Par . Document filed by Noom Inc., Artem Petakov..(Low, Charles)
August 25, 2021	Filing 445 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated August 25, 2021 re: #442 LETTER MOTION for Discovery /Nooms Extenuating Circumstances Emergency Application Letter Brief re Instructions Not to Answer addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 20, 2021. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A).(Wittels, Steven)
August 20, 2021	Filing 444 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 20, 2021 re: LETTER MOTION for Discovery /Nooms Extenuating Circumstances Emergency Application Letter Brief re Instructions Not to Answer. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit A-Sealed Cover Letter and DVD Picture, #2 Exhibit B-Sealed Unredacted Deracleo Deposition Transcript)Motion or Order to File Under Seal: #443 .(Reddy, Aarti)
August 20, 2021	Filing 443 LETTER MOTION to Seal Exhibits A and B, attached to Nooms Emergency Application, ECF No. 442. addressed to Magistrate Judge Katharine H. Parker from August 20, 2021 dated Ashley Corkery. Document filed by Noom Inc., Artem Petakov..(Corkery, Ashley)
August 20, 2021	Filing 442 LETTER MOTION for Discovery /Nooms Extenuating Circumstances Emergency Application Letter Brief re Instructions Not to Answer addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 20, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Public-Filed Under Seal Slip Sheet, #2 Exhibit B-Public-Filed Under Seal Slip Sheet).(Reddy, Aarti)
August 18, 2021	Filing 441 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Charles Low dated August 18, 2021 re: #438 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Par . Document filed by Noom Inc., Artem Petakov..(Low, Charles)
August 18, 2021	Filing 440 *SELECTED PARTIES* LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/18/2021. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - NOOM00074389, #2 Exhibit B - NOOM00075228, #3 Exhibit C - NOOM00083959)Motion or Order to File Under Seal: #439 .(Roman, Ethan)
August 18, 2021	Filing 439 LETTER MOTION to Seal Exhibits A-C to Plaintiffs' "Extenuating Circumstances" Motion to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/18/2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)
August 18, 2021	Filing 438 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/18/2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A - slipsheet, #2 Exhibit B - slipsheet, #3 Exhibit C - slipsheet).(Roman, Ethan)
August 17, 2021	Filing 437 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/5/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
August 17, 2021	Filing 436 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/5/2021 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/17/2021. Release of Transcript Restriction set for 11/15/2021..(Moya, Goretti)
August 16, 2021	Filing 435 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Remote Case Management Conference proceeding held on 8/11/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tg)
August 16, 2021	Filing 434 TRANSCRIPT of Proceedings re: Remote Case Management Conference held on 8/11/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/16/2021. Release of Transcript Restriction set for 11/15/2021.(tg)
August 13, 2021	Filing 433 ORDER: Consistent with this Court's rulings and directions set forth at the August 11, 2021 case management conference held in the above-captioned case, the Court hereby provides as follows: The current deadline for Plaintiffs' motion for class certification is September 30, 2021. In order to afford Plaintiffs additional time to digest the substantial amount of discovery already exchanged, and still yet to be exchanged, in this action, the Court finds that another modest extension of the class certification motion briefing schedule is warranted. Accordingly, Plaintiffs' moving papers on their motion for class certification will be due by November 19, 2021. Noom's opposition will be due by January 28, 2022. Plaintiffs reply will be due by March 25, 2022. Per the Court's prior scheduling orders, fact discovery is set to close on December 31, 2021. To the extent that additional merits-based fact discovery is required after a ruling on Plaintiffs' class certification motion, the parties will have an additional 60 days to pursue said discovery. Further, the Court hereby stays merits-based expert discovery until after the Court rules on the class certification motion. Finally, Plaintiffs raised a concern at the August 11 conference that some additional fact discovery may be necessary depending on the substance of Noom's brief in opposition to the motion for class certification. The Court will schedule a conference with the parties in order to assess any such discovery requests. A case management conference will take place on February 2, 2022 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street New York, New York, as further set forth herein. To the extent that Defendants would like to file a motion to compel responses to these unanswered deposition questions, Defendants may file said motion not to exceed 20 pages in length by no later than September 10, 2021. Plaintiffs' opposition is due by no later than September 24, 2021. No reply will be permitted. The parties raised a purported dispute concerning the hash values that Noom has assigned to various confidential consumer identification codes that pervade that data sets Noom has provided thus far in discovery. Per the Court's direction at the August 11 conference, Noom should coordinate with its data scientists to provide Plaintiffs with an explanation as to the discrepancies Plaintiffs have identified with those data sets. Noom should endeavor to provide that information by August 19, 2021. Plaintiffs will then be permitted to take a limited purpose deposition of Nooms data scientists to better understand the data Noom has provided and to clear up any ambiguities with respect to the information therein. That limited purpose deposition should take place by no later than August 27, 2021. Furthermore, Plaintiffs should provide a list of questions to Noom by August 20, 2021 to ensure that the data scientists are prepared to answer all of Plaintiffs' questions about the data in an efficient manner. The parties are directed to the conference transcript for other rulings and directives of the Court. SO ORDERED. ( Deposition due by 8/27/2021., Motions due by 11/19/2021., Responses due by 1/28/2022, Replies due by 3/25/2022., Case Management Conference set for 2/2/2022 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/13/2021) (vfr)
August 13, 2021	Filing 432 ORDER ADJOURNING CASE MANAGEMENT CONFERENCE: The Case Management conference in this matter scheduled for Thursday, September 2, 2021 at 10:00 a.m. is hereby adjourned sine die. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 8/13/2021) (js)
August 12, 2021	Filing 431 ORDER granting #430 Letter Motion for Extension of Time to Answer re #430 LETTER MOTION for Extension of Time to File Answer re: #149 Amended Complaint addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 12, 2021. APPLICATION GRANTED. Noom Inc. answer due 9/20/2021. (Signed by Magistrate Judge Katharine H. Parker on 8/12/2021) (vfr)
August 12, 2021	Filing 430 LETTER MOTION for Extension of Time to File Answer re: #149 Amended Complaint, addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 12, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
August 11, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management / Discovery / Scheduling / Status Conference held on 8/11/2021: See Transcript for Details.AT&T Conference Line (ca)
August 10, 2021	Filing 429 RESPONSE re: #425 Letter, / Response to Unauthorized Filing (ECF 425). Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - Emails).(Reddy, Aarti)
August 10, 2021	Filing 428 ORDER ON PROTECTIVE ORDER MODIFICATION denying without prejudice #334 Motion to Amend/Correct #334 MOTION to Amend/Correct #58 Protective Order (Letter Renewing Plaintiffs' Application to Modify Protective Order). Accordingly, Plaintiffs' motion is DENIED without prejudice as premature for the same reasons set forth in this Courts prior order. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/10/2021) (vfr)
August 10, 2021	Filing 427 *SELECTED PARTIES* PRE-CONFERENCE STATEMENT Exhibit 3 to Plaintiffs' Letter Supplementing the Record in Advance of the August 11, 2021, Discovery Conference, ECF No. 425-3 (SEALED VERSION). Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov.Motion or Order to File Under Seal: #426 .(McInturff, J. Burkett)
August 10, 2021	Filing 426 LETTER MOTION to Seal Provisionally Exhibit 3 to Plaintiffs' Letter Supplementing the Record in Advance of the August 11, 2021, Discovery Conference, ECF No. 425 addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated August 10, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
August 10, 2021	Filing 425 LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated August 10, 2021 re: Supplementing the Record in Advance of the August 11, 2021, Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 (Full Sellers Excerpts), #2 Exhibit 2 (Full Spencer Excerpts), #3 Exhibit 3 (Hashed Values Exhibit - REDACTED)).(Wittels, Steven)
August 10, 2021	NOTICE TO COUNSEL: REMINDER of the Case Management Conference scheduled for Wednesday, August 11, 2021 at 3:45 p.m. Please dial (866) 434-5269; access code 4858267 re: #411 Scheduling Order.(ca)
August 9, 2021	Filing 424 *SELECTED PARTIES*JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the August 11, 2021 Discovery Conference (SEALED VERSION). Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 Exhibit - Pls' Ex A: List of Hashed Values, #2 Exhibit - Pls' Ex C: NOOM00102792)Motion or Order to File Under Seal: #423 .(McInturff, J. Burkett)
August 9, 2021	Filing 423 LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 422, and Plaintiffs' Exhibits A and C thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 08-09-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
August 9, 2021	Filing 422 JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the August 11, 2021 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit Plaintiffs' Exhibit A, #2 Exhibit Plaintiffs' Exhibit B, #3 Exhibit Plaintiffs' Exhibit C, #4 Exhibit Noom's Exhibit B, #5 Exhibit Noom's Exhibit C, #6 Exhibit Noom's Exhibit D).(McInturff, J. Burkett)
August 6, 2021	Filing 421 *SELECTED PARTIES*LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/06/2021 re: #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. . Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 A - NOOM00091878, #2 B - NOOM00078087, #3 C - NOOM00078342, #4 D - NOOM00094201, #5 E - NOOM00067602, #6 F - NOOM00077984, #7 G - NOOM00078299, #8 H - NOOM00067838, #9 I - NOOM00067816, #10 J - NOOM00080395, #11 K - NOOM00078225)Motion or Order to File Under Seal: #420 .(Roman, Ethan)
August 6, 2021	Filing 420 LETTER MOTION to Seal / Redact Provisionally Portions of Plaintiffs' Opposition to Defendants' Letter Motion for Leave to File Motions to Quash addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/06/2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)
August 6, 2021	Filing 419 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/06/2021 re: #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 A - NOOM00091878 (slipsheet), #2 B - NOOM00078087 (slipsheet), #3 C - NOOM00078342 (slipsheet), #4 D - NOOM00094201 (slipsheet), #5 E - NOOM00067602 (slipsheet), #6 F - NOOM00077984 (slipsheet), #7 G - NOOM00078299 (slipsheet), #8 H - NOOM00067838 (slipsheet), #9 I - NOOM00067816 (slipsheet), #10 J - NOOM00080395 (slipsheet), #11 K - NOOM00078225 (slipsheet)).(Roman, Ethan)
August 6, 2021	Filing 418 ORDER granting in part and denying in part #412 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 372 should be redacted, but only to the limited extent that Defendants propose in their revised motion at ECF No. 412. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter as soon as is practicable. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/6/2021) (vfr)
August 5, 2021	Filing 417 *SELECTED PARTIES*JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 5, 2021 re: Request to Seal/Redact Limited Portions of Exhibit B and C to Nooms Emergency Application, ECF No. 390-2 and ECF No. 390-3 (sealed versions). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit 1-Rough Under Seal Transcript of Karen Kelly, #2 Exhibit 2-Rough Under Seal Transcript of Mojo Nichols)Motion or Order to File Under Seal: #416 .(Reddy, Aarti)
August 5, 2021	Filing 416 JOINT LETTER MOTION to Seal /Redact Limited Portions of Exhibit B and C to Nooms Emergency Application, ECF No. 390-2 and ECF No. 390-3 (sealed versions) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 5, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1-Rough Redacted Transcript of Karen Kelly, #2 Exhibit 2- Rough Redacted Transcript of Mojo Nichols).(Reddy, Aarti)
August 5, 2021	Filing 415 ORDER granting in part and denying in part #204 Motion to Dismiss. For the reasons stated at today's telephonic conference, Defendants' Motion to Dismiss is denied in part and granted in part. The causes of action asserting conversion under New York, Ohio, Texas, Alabama and District of Columbia law are dismissed, and the portion of Plaintiffs California Unfair Competition Law claim, Count 4, stemming from Californias Bot Disclosure Law, Cal. Bus. & Prof. Code 17941, is dismissed. The motion to dismiss is denied as to all other causes of action. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 204. (Signed by Judge Lorna G. Schofield on 8/5/2021) (jca)
August 5, 2021	Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 8/5/2021. (Court Reporter Present) (jcs)
August 4, 2021	Filing 414 ORDER granting #410 Letter Motion for Extension of Time to File Response/Reply re #410 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aart. APPLICATION GRANTED. SO ORDERED., Responses due by 8/6/2021. (Signed by Magistrate Judge Katharine H. Parker on 8/4/2021) (rj)
August 4, 2021	Filing 413 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated August 4, 2021 re: Request to Seal/Redact Revised Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Proposed Sealed July 1, 2021 Hearing Transcript)Motion or Order to File Under Seal: #412 .(Low, Charles)
August 4, 2021	Filing 412 LETTER MOTION to Seal /Redact Revised Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated August 4, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Proposed Redacted July 1, 2021 Hearing Transcript).(Low, Charles)
August 4, 2021	Filing 411 CASE MANAGEMENT CONFERENCE CONVERSION ORDER: The Case Management Conference in this matter scheduled for Wednesday, August 11, 2021 at 3:45 p.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. SO ORDERED., Case Management Conference set for 8/11/2021 at 03:45 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 8/4/2021) (rj)
August 3, 2021	Filing 410 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated August 3, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
August 2, 2021	Filing 409 Objection re: #407 Notice (Other), Defendants Opposition To Plaintiffs Notice Of Supplemental Authority. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
August 2, 2021	Filing 408 ORDER: In light of the Hon. Lorna G. Schofield's order at ECF No. 406 in the above- captioned action, the August 5, 2021 case management conference is hereby adjourned to Wednesday, August 11, 2021 at 3:45 p.m. The conference will still take place in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are required to follow the Court's COVID-safety protocols and should review the Court's website in advance of the conference for the most up to date information. SO ORDERED. ( Case Management Conference set for 8/11/2021 at 03:45 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/2/2021) (vfr)
August 2, 2021	Filing 407 NOTICE of Judge Koeltl's July 28 Dismissal Ruling in Morrell v. WW Int'l, Inc., Which Provides Supplemental Authority Supporting Plaintiffs' Claims Under California Law re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
July 30, 2021	Filing 406 SCHEDULING ORDER: It is hereby ORDERED that the parties shall appear for a telephonic conference on August 5, 2021, at 11:30 a.m. for the delivery of an oral opinion. The parties shall call (888) 363-4749 and use Access Code 558-3333. The timing of the conference is approximate, but the parties should be prepared to proceed at that time. No argument will be heard. Telephone Conference set for 8/5/2021 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/30/2021) (kv)
July 28, 2021	Filing 405 *SELECTED PARTIES*DECLARATION of Aarti Reddy in Opposition re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests .. Document filed by Artem Petakov, Noom Inc., Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 - Unredacted Chart, #2 Exhibit 2 - Sealed Preservation Notice)Motion or Order to File Under Seal: #404 .(Reddy, Aarti)
July 28, 2021	Filing 404 LETTER MOTION to Seal / Redact Two Exhibits Attached to Noom's Opposition to Plaintiffs' Motion to Compel, (ECF No. 403). addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 28, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
July 28, 2021	Filing 403 DECLARATION of Aarti Reddy in Opposition re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests .. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1 - Redacted Chart, #2 Exhibit 2 - Under Seal Preservation Notice).(Reddy, Aarti)
July 28, 2021	Filing 402 MEMORANDUM OF LAW in Opposition re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests . . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
July 28, 2021	Filing 401 MEMORANDUM OF LAW in Opposition re: #362 MOTION for Protective Order : Notice of Defendants Motion to Enforce the Protective Order, Or In The Alternative, For A Further Protective Order to Preclude Plaintiffs from Using Nooms Confidential Information to Contact Absent Putative Class Memb . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
July 28, 2021	Filing 400 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 7-28-21 re: Enclosing Updated Proposed Redactions (Highlighted in Orange) to Items 1, 2, 3, and 5 in the Parties' Joint Position Letter, ECF No.399. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit 1 - Defs' Updated Proposed Redactions (in Orange) to Pls' Mem of Law ISO Their Mot to Compel, ECF Nos. 367, 370, #2 Exhibit 2 - Defs' Updated Proposed Redactions (in Orange) to Roman Decl ISO of Pls' Mot to Compel, ECF Nos. 368, 371, #3 Exhibit 3 - Defs' Updated Proposed Redactions (in Orange) to Ex A to Roman Decl, ECF No. 368-1, 371-1, #4 Exhibit 4 - Defs' Updated Proposed Redactions (in Orange) to Ex E to Roman Decl., ECF Nos. 368-5, 371-5)Motion or Order to File Under Seal: #369 .(McInturff, J. Burkett)
July 28, 2021	Filing 399 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 7-28-21 re: #369 LETTER MOTION to Seal / Redact Provisionally Portions of Plaintiffs' Memorandum of Law in Support of Their Motion to Compel, ECF No. 367, Roman Declaration, ECF No. 368 and Exhibits Thereto addressed to Magistrate Judge Katharine H. Park The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact/Seal Portions of Plaintiffs' Recent Motion to Compel Filings. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
July 28, 2021	Filing 398 ORDER denying without prejudice #396 Letter Motion to Seal. The Court, having reviewed Defendants' proposed redactions, finds that the proposed redactions are still overly broad and are not limited to material that, if disclosed, could cause competitive harm to Noom. Specifically, the following redactions are inappropriate under Second Circuit precedent: Tr. 9:10-12; Tr. 17:23-18:2; Tr. 21:19-23; Tr. 23:2; Tr. 23:11-12; Tr. 28:20-21; Tr. 29:19-20; Tr. 30:9; and Tr. 51:7-13. All other redactions are acceptable to the Court. Noom may submit a revised redaction request in accordance with the above. Noom should endeavor to submit those narrowed redactions by no later than August 4, 2021. For the reasons set forth above, Noom's letter motion to seal (ECF No. 396) is denied without prejudice. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/28/2021) (vfr)
July 27, 2021	Filing 397 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 27, 2021 re: Request to Seal/Redact Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372).. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Proposed Sealed July 1, 2021 Hearing Transcript)Motion or Order to File Under Seal: #396 .(Low, Charles)
July 27, 2021	Filing 396 LETTER MOTION to Seal /Redact Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 27, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Proposed Redacted July 1, 2021 Hearing Transcript).(Low, Charles)
July 27, 2021	Filing 395 ORDER granting #393 Letter Motion for Extension of Time to File Response/Reply re #393 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Artem Petakov. SO ORDERED. Responses due by 8/3/2021. (Signed by Magistrate Judge Katharine H. Parker on 7/27/2021) (vfr)
July 26, 2021	Filing 394 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 7-26-21 re: #388 LETTER MOTION for Discovery / Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated July 21, 2021. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
July 26, 2021	Filing 393 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated July 26, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
July 23, 2021	Filing 392 DECLARATION of Aarti Reddy in Support re: #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021.. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
July 23, 2021	Filing 391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Email 1 Regarding Deposition Dates, #2 Exhibit B-Subpoenas, #3 Exhibit C-Email 2 Regarding Deposition Dates).(Reddy, Aarti)
July 21, 2021	Filing 390 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated July 21, 2021 re: Letter Motion for Discovery / Extenuating Circumstances Emergency Application. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit A - E-mail, #2 Exhibit B - Transcript - Sealed, #3 Exhibit C - Transcript - Sealed)Motion or Order to File Under Seal: #389 .(Corkery, Ashley)
July 21, 2021	Filing 389 LETTER MOTION to Seal Exhibits B and C Attached to Noom's Extenuating Circumstances Emergency Application, ECF No. 388. addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated July 21, 2021. Document filed by Noom Inc., Artem Petakov..(Corkery, Ashley)
July 21, 2021	Filing 388 LETTER MOTION for Discovery / Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated July 21, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - E-mail, #2 Exhibit B - Transcript - Filed Under Seal, #3 Exhibit C - Transcript - Filed Under Seal).(Corkery, Ashley)
July 20, 2021	Filing 387 ORDER denying without prejudice #385 Letter Motion to Seal. Having reviewed the proposed redactions, the Court finds that some of the proposed redactions are overly broad and do not cover material that, if disclosed, could cause competitive harm to Noom. For instance, the terms "cancellation rate" and "conversion rate" on page 15 of the transcript need not be redacted. Further, the list of Noom employees on page 52 of the transcript is not commercially sensitive information that warrants redaction. These are merely examples. Noom may submit revised redactions that are narrowly tailored to preserve Noom's privacy and/or legitimate competitive interests. Noom should endeavor to submit those narrowed redactions by no later than July 27, 2021. Accordingly, Noom's letter motion to seal (ECF No. 385) is denied without prejudice. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/20/2021) (vfr)
July 19, 2021	Filing 386 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 19, 2021 re: Request to Seal/Redact Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Proposed Sealed July 1, 2021 Hearing Transcript)Motion or Order to File Under Seal: #385 .(Low, Charles)
July 19, 2021	Filing 385 LETTER MOTION to Seal /Redact Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 19, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Proposed Redacted July 1, 2021 Hearing Transcript).(Low, Charles)
July 16, 2021	Filing 384 ORDER granting #382 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 7/16/2021) (vfr)
July 16, 2021	Filing 383 STIPULATION AND ORDER REGARDING NOOM'S PINTEREST ADVERTISEMENTS: IT IS HEREBY STIPULATED AND AGREED as follows: 1. "Noom" means the Defendants Noom, Inc. and Artem Petakov. 2. In exchange for not collecting and producing Nooms Pinterest advertisements, Noom agrees that its Facebook and Instagram advertisements produced to date are sufficiently representative of Noom's Pinterest advertisements such that any analysis or conclusions reached by Plaintiffs, the Court, and/or any factfinder regarding Noom's Facebook and Instagram advertisements produced to date will apply equally to Noom's Pinterest advertisements. 3. Noom also agrees that while reserving all rights to challenge or object to any analysis or conclusions reached by Plaintiffs regarding Noom's advertisements, including Pinterest advertisements, Noom will not object on the grounds that Plaintiffs have not directly considered Noom's Pinterest advertisements in connection with any such analysis or conclusions. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/16/2021) (vfr)
July 16, 2021	Set/Reset Deadlines: Responses due by 7/28/2021 (vfr)
July 15, 2021	Filing 382 LETTER MOTION for Extension of Time to File Opposition to Plaintiffs Motion to Compel Document Production and Responses to Written Discovery Requests. addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 15, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
July 15, 2021	Filing 381 PROPOSED STIPULATION AND ORDER. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
July 13, 2021	Filing 380 ORDER denying #377 Letter Motion for Extension of Time. Application Denied: For the reasons set forth in the Court's Order at ECF No. 378, Noom's contemplated opposition is now moot. Accordingly, Noom's motion for an extension (ECF No. 377) is DENIED. (Signed by Magistrate Judge Katharine H. Parker on 7/13/2021) (vfr)
July 13, 2021	Filing 379 ORDER granting in part #375 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 350 should be redacted, but only to the limited extent that Defendants propose. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter as soon as is practicable. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/13/2021) (vfr)
July 12, 2021	Filing 378 ORDER denying #374 Letter Motion for Conference re: #374 LETTER MOTION for Conference (Telephonic) - Time-Sensitive Application for Telephone Conference Regarding Plaintiffs' Outstanding Request to Modify Protective Order to Permit Use of Discovery in this Action in Related State Court Proceedings. Application Denied: The Court finds, given that the parties have already briefed the issues pertaining to Plaintiffs' motion to modify the Protective Order on two occasions, that no additional conference is necessary at this time. The Court will rule on Plaintiffs' motion in due course and will hear argument on the motion at the next conference, if necessary. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/12/2021) (vfr)
July 12, 2021	Filing 377 LETTER MOTION for Extension of Time to respond to Plaintiffs' letter motion to modify the stipulated protective order (ECF No. 374). addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 12, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
July 12, 2021	Filing 376 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 12, 2021 re: Request to Seal / Redact Limited Portions of the June 16, 2021 Hearing Transcript (ECF No. 350). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Sealed - Proposed Redactions of June 16, 2021 Hearing Transcript)Motion or Order to File Under Seal: #375 .(Low, Charles)
July 12, 2021	Filing 375 LETTER MOTION to Seal / Redact Limited Portions of the June 16, 2021 Hearing Transcript (ECF No. 350) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 12, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Redacted - June 16, 2021 Hearing Transcript).(Low, Charles)
July 9, 2021	Filing 374 LETTER MOTION for Conference (Telephonic) - Time-Sensitive Application for Telephone Conference Regarding Plaintiffs' Outstanding Request to Modify Protective Order to Permit Use of Discovery in this Action in Related State Court Proceedings addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 7-9-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A - 7-1-21 Email from Defense Counsel, #2 Exhibit B - 7-7-21 Email from Defense Counsel).(Wittels, Steven)
July 8, 2021	Filing 373 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote case management conference proceeding held on 7/1/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro)
July 8, 2021	Filing 372 TRANSCRIPT of Proceedings re: remote case management conference held on 7/1/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/29/2021. Redacted Transcript Deadline set for 8/9/2021. Release of Transcript Restriction set for 10/6/2021..(rro)
July 8, 2021	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #365 Proposed Order was reviewed and approved as to form. (km)
July 7, 2021	Filing 371 *SELECTED PARTIES*DECLARATION of Ethan D. Roman in Support re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests .. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - R&O to 2nd RFPs, #2 Exhibit B - R&O to 3rd RFPs, #3 Exhibit C - R&O to 3rd Rogs, #4 Exhibit D - R&O to 4th Rogs, #5 Exhibit E - 5.14 Deficiency Letter, #6 Exhibit F - 5.21 Deficiency Letter, #7 Exhibit G - 5.21 email to Defs. Counsel, #8 Exhibit H - NOOM00059314, #9 Exhibit I - NOOM00059179, #10 Exhibit J - NOOM00059181, #11 Exhibit K - NOOM00078595, #12 Exhibit L - NOOM00078484, #13 Exhibit M - NOOM00069047, #14 Exhibit N - Brignull Preliminary Report, #15 Exhibit O - NOOM00072366, #16 Exhibit P - NOOM00073131, #17 Exhibit Q - NOOM00071828, #18 Exhibit R - Schaffer Dep excerpts, #19 Exhibit S - NOOM00065917, #20 Exhibit T - NOOM00078515, #21 Exhibit U - NOOM00067640)Motion or Order to File Under Seal: #369 .(Roman, Ethan)
July 7, 2021	Filing 370 *SELECTED PARTIES* MEMORANDUM OF LAW in Support re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests . (Sealed). Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. Motion or Order to File Under Seal: #369 .(Roman, Ethan)
July 7, 2021	Filing 369 LETTER MOTION to Seal / Redact Provisionally Portions of Plaintiffs' Memorandum of Law in Support of Their Motion to Compel, ECF No. 367, Roman Declaration, ECF No. 368 and Exhibits Thereto addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 7/7/2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)
July 7, 2021	Filing 368 DECLARATION of Ethan D. Roman in Support re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests .. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A - R&O to 2nd RFPs, #2 Exhibit B - R&O to 3rd RFPs, #3 Exhibit C - R&O to 3rd Rogs (slip sheet), #4 Exhibit D - R&O to 4th Rogs, #5 Exhibit E - 5.14 Deficiency Letter, #6 Exhibit F - 5.21 Deficiency Letter, #7 Exhibit G - 5.21 email to Defs. Counsel, #8 Exhibit H - NOOM00059314 (slip sheet), #9 Exhibit I - NOOM00059179 (slip sheet), #10 Exhibit J - NOOM00059181 (slip sheet), #11 Exhibit K - NOOM00078595 (slip sheet), #12 Exhibit L - NOOM00078484 (slip sheet), #13 Exhibit M - NOOM00069047 (slip sheet), #14 Exhibit N - Brignull Preliminary Report, #15 Exhibit O - NOOM00072366 (slip sheet), #16 Exhibit P - NOOM00073131 (slip sheet), #17 Exhibit Q - NOOM00071828 (slip sheet), #18 Exhibit R - Schaffer Dep excerpts (slip sheet), #19 Exhibit S - NOOM00065917 (slip sheet), #20 Exhibit T - NOOM00078515 (slip sheet), #21 Exhibit U - NOOM00067640 (slip sheet)).(Roman, Ethan)
July 7, 2021	Filing 367 MEMORANDUM OF LAW in Support re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests . . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)
July 7, 2021	Filing 366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)
July 7, 2021	Filing 365 PROPOSED ORDER. Document filed by Noom Inc., Artem Petakov. Related Document Number: #362 ..(Low, Charles) Proposed Order to be reviewed by Clerk's Office staff.
July 7, 2021	Filing 364 DECLARATION of Charles Low in Support re: #362 MOTION for Protective Order : Notice of Defendants Motion to Enforce the Protective Order, Or In The Alternative, For A Further Protective Order to Preclude Plaintiffs from Using Nooms Confidential Information to Contact Absent Putative Class Memb. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Email 1, #2 Exhibit B-Email 2).(Low, Charles)
July 7, 2021	Filing 363 MEMORANDUM OF LAW in Support re: #362 MOTION for Protective Order : Notice of Defendants Motion to Enforce the Protective Order, Or In The Alternative, For A Further Protective Order to Preclude Plaintiffs from Using Nooms Confidential Information to Contact Absent Putative Class Memb . Document filed by Noom Inc., Artem Petakov..(Low, Charles)
July 7, 2021	Filing 362 MOTION for Protective Order : Notice of Defendants Motion to Enforce the Protective Order, Or In The Alternative, For A Further Protective Order to Preclude Plaintiffs from Using Nooms Confidential Information to Contact Absent Putative Class Members. Document filed by Noom Inc., Artem Petakov..(Low, Charles)
July 1, 2021	Filing 361 ORDER: In accordance with the Court's directives at the July 1, 2021 case management conference in the above-referenced matter, the Court hereby extends the deadlines for the two imminent discovery motions contemplated by the parties. With respect to the parties' dispute concerning Noom's objections to Plaintiffs' interrogatories and document requests, Plaintiffs' motion to compel is now due by no later than July 7, 2021. Noom's opposition to that motion is now due July 21, 2021. No reply will be permitted. With respect to the parties' dispute concerning Plaintiffs' right to use personal identifying information gleaned from Noom's document production in order to contact putative class members, Noom's motion for a protective order is now due July 7, 2021. Plaintiffs' opposition to that motion is now due July 21, 2021. No reply will be permitted. The parties are directed to the transcript from the July 1, 2021 conference for additional directives and rulings of the Court. SO ORDERED. ( Motions due by 7/7/2021. Responses due by 7/21/2021.) (Signed by Magistrate Judge Katharine H. Parker on 7/1/2021) (va)
July 1, 2021	Filing 360 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker in courtroom 17-D: Case Management Conference / Discovery Hearing / Deposition Scheduling Conference / Status Conference held on 7/1/2021: See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)
June 29, 2021	Filing 359 ORDER granting #357 Letter Motion to Seal. ORDER TO SEAL. Having reviewed the proposed redactions and sealed exhibits, the Court hereby GRANTS Noom's letter motion to seal (ECF No. 357). Accordingly, the Court respectfully requests that the Clerk of Court ensure that the documents filed at ECF No. 358 remain sealed, with access limited to the parties of the Court. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/29/2021) (vfr)
June 29, 2021	Filing 358 *SELECTED PARTIES*JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 29, 2021 re: Agenda and Position Statements for July 1, 2021 Case Management Conference - Unredacted/Under Seal. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit A, #2 Exhibit B - Under Seal, #3 Exhibit C - Under Seal, #4 Exhibit D - Under Seal)Motion or Order to File Under Seal: #357 .(Reddy, Aarti)
June 29, 2021	Filing 357 LETTER MOTION to Seal / Redact Portions of the Parties' Joint Letter Regarding Proposed Agenda and Position Statements for July 1, 2021 In Person Case Management Conference (Joint Letter) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 29, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
June 29, 2021	Filing 356 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 29, 2021 re: Agenda and Position Statements for July 1, 2021 Case Management Conference - Redacted/Sealed. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Reddy, Aarti)
June 22, 2021	Filing 355 MEMO ENDORSEMENT on re: #352 Response to Motion, filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: Given the parties' update above, Plaintiffs' consent to the narrowed proposed redactions, and for the reasons set forth in Noom's submissions at ECF Nos. 339 and 352, the Court hereby confirms its Order to Seal at ECF No. 343. The Clerk of Court shall ensure that the docket entries at ECF Nos. 340, 341, and 354 remain sealed with access limited to the parties and the Court. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/22/2021) (vfr)
June 21, 2021	Filing 354 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-21-21 re: Enclosing Updated Proposed Redactions (Highlighted) to Ex. B to the Parties' Joint 6-14-21 Pre-Conference Letter, ECF Nos. 338-2 and 341. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #339 .(McInturff, J. Burkett)
June 21, 2021	Filing 353 REDACTION to #338 Pre-Conference Statement, Defendants' Updated Proposed Redactions to Ex. B to the Parties' Joint 6-14-21 Pre-Conference Letter, ECF Nos. 338-2 and 341 by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer.(McInturff, J. Burkett)
June 21, 2021	Filing 352 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-21-21 re: #339 JOINT LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 338, and Exhibit B thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-14-21. The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact Portions of ECF No. 338 and Exhibit B Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
June 21, 2021	Filing 351 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote Case Management Conference proceeding held on 6/16/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(tro)
June 21, 2021	Filing 350 TRANSCRIPT of Proceedings re: Remote Initial Case Management Conference held on 6/16/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2021. Redacted Transcript Deadline set for 7/22/2021. Release of Transcript Restriction set for 9/20/2021..(tro)
June 21, 2021	Filing 349 MEMO ENDORSEMENT on re: #348 Letter, filed by Artem Petakov, Noom Inc. ENDORSEMENT: Application GRANTED in part and DENIED in part. The above-referenced conferences will be held in person in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York per ECF No. 345. Ms. Reddy will be permitted to attend and participate in these conferences via telephone but another attorney must appear on behalf of Defendants in person. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/21/2021) (vfr)
June 17, 2021	Filing 348 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 17, 2021 re: Unopposed Letter Request to Appear by Video at Upcoming July 1, 2021 and August 5, 2021 Case Management Conferences. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
June 16, 2021	Filing 347 ORDER: The Court recently issued a Scheduling Order converting numerous case management conferences to in-person proceedings. (ECF No. 345.) In that same order, the Court set forth guidelines pertaining to the filing of joint agenda letters. The parties are hereby directed to disregard that latter portion of ECF No. 345 and are hereby directed to continue adhering to the procedures set forth at ECF No. 145 for all agenda letters to be submitted in advance of the forthcoming in-person conferences. (Signed by Magistrate Judge Katharine H. Parker on 6/16/2021) (nb)
June 16, 2021	Filing 346 SCHEDULING ORDER granting in part and denying in part #336 Letter Motion for Extension of Time to Complete Discovery. Consistent with this Court's directions at today's conference, Noom shall complete its depositions of the named Plaintiffs in this action by August 18, 2021. Plaintiffs shall cooperate with Noom in scheduling mutually convenient dates and times for the depositions. Plaintiffs shall commence depositions of Defendants in August. Defendants shall cooperate with Plaintiffs in scheduling mutually convenient dates and times for the depositions. The parties are directed to set a schedule for the depositions Plaintiffs plan on taking those depositions should be taken in August and September 2021. The parties shall report the agreed-upon deposition schedule to the Court in their next joint status letter. Plaintiffs' letter motion at ECF No. 336 is granted in part and denied in part. Based on this Court's close supervision of discovery in this matter, the Court finds that there is no need to extend the discovery schedule at this time, which is currently set to close on December 31, 2021. Plaintiffs' motion is granted as to their request to extend the briefing schedule for their class certification motion. Under Federal Rule of Civil Procedure 23(c)(1)(A) the Court is obligated to determine, by order, whether to certify a proposed class "[a]t an early practicable time" after the proposed class action is filed. The current deadline for Plaintiffs' motion for class certification is June 30, 2021. Noom represented on the record that it expects to substantially complete its production of documents by the end of July 2021. Accordingly, to afford Plaintiffs additional time to review Noom's production, the Court finds that a modest extension of the class certification motion briefing schedule is warranted. Plaintiffs' moving papers on their motion for class certification will be due by September 30, 2021. Defendants' opposition will be due by November 29, 2021. Plaintiffs' reply will be due by December 29, 2021. With respect to the parties' dispute concerning Noom's objections to Plaintiffs' interrogatories and document requests, Plaintiffs' motion to compel is due July 2, 2021. Noom's opposition is due July 16, 2021. No reply will be permitted. With respect to the parties' dispute concerning Plaintiffs' right to use personal identifying information gleaned from Noom's document production in order to contact putative class members, Noom's motion for a protective is due July 2, 2021. Plaintiffs' opposition is due July 16, 2021. No reply will be permitted. The parties are directed to the conference transcript for other rulings and directives of the Court. SO ORDERED. Deposition due by 8/18/2021.. (Signed by Magistrate Judge Katharine H. Parker on 6/16/2021) (kv)
June 16, 2021	Filing 345 ORDER CONVERTING CASE MANAGEMENT CONFERENCES TO IN PERSON PROCEEDINGS: The Following previously scheduled telephonic Case Management conferences in this matter are hereby converted to in person proceedings and will be in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are required to follow the Court's COVID-safety protocols and should review the Court's website in advance of the conferences for the most up to date information. The parties shall file a joint status letter that includes agenda items three business days in advance of each conference. The letters shall be no more than five pages in length. Thursday, July 1, 2021 at 10:00 a.m., Thursday, August 5, 2021 at 10:00 a.m., Thursday, September 2, 2021 at 10:00 a.m., Thursday, October 14, 2021 at 10:00 a.m., Thursday, November 4, 2021 at 10:00 a.m., Thursday, December 2. 2021 at 10:00 a.m. SO ORDERED. ( Case Management Conferences set for 7/1/2021 at 10:00 AM, 8/5/2021 at 10:00 AM, 9/2/2021 at 10:00 AM, 10/14/2021 at 10:00 AM, 11/4/2021 at 10:00 AM, 12/2/2021 at 10:00 AM in Courtroom 17-D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/16/2021) (vfr)
June 16, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference / Discovery Hearing / Oral Argument/ Status Conference held on 6/16/2021:See Transcript for Details.Proceeding held by Microsoft Teams (ca)
June 16, 2021	Set/Reset Deadlines: Motions due by 9/30/2021. Responses due by 11/29/2021 Replies due by 12/29/2021. (kv)
June 15, 2021	Filing 344 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 15, 2021 re: #336 FIRST LETTER MOTION for Extension of Time to Complete Discovery and Corresponding Extension of the Class Certification Briefing Schedule addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated June 11, 2021. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
June 15, 2021	Filing 343 ORDER granting #339 Letter Motion to Seal. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/15/2021) (vfr)
June 15, 2021	Filing 342 ORDER SCHEDULING SETTLEMENT CONFERENCES: Settlement conferences in this matter are hereby scheduled for Monday, September 13, 2021 at 10:00 a.m. and Tuesday, September 14, 2021 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. Counsel and parties are required to follow the Court's COVID-safety protocols and should review the Court's website in advance of the conferences for the most up to date information. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than September 7, 2021 by 5:00 p.m. SO ORDERED. (Settlement Conference set for 9/13/2021 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker, Settlement Conference set for 9/14/2021 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/15/2021) (vfr) Modified on 6/15/2021 (ca). (Main Document 342 replaced on 6/15/2021) (ca).
June 15, 2021	NOTICE TO COUNSEL: Pre-conference Settlement submissions for the 9/13/21 & 9/14/21 Settlement Conferences are due on September 7, 2021 by 5:00 p.m. re: #342 Order has been updated to reflect this change.(ca)
June 15, 2021	NOTICE TO COUNSEL: REMINDER of the Case Management Conference utilizing Microsoft Teams scheduled for Wednesday, June 16, 2021 at 10:00 a.m. Counsel has been sent an invitation by Judge Parker's chambers for this proceeding. re: #333 Order.(ca)
June 14, 2021	Filing 341 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-14-21 re: Enclosing Sealed Version of Ex. B to Parties' Joint Status Letter, ECF No. 338-2. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #339 .(McInturff, J. Burkett)
June 14, 2021	Filing 340 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-14-21 re: Enclosing Sealed Version of Parties' Joint Status Letter, ECF No. 338. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #339 .(McInturff, J. Burkett)
June 14, 2021	Filing 339 JOINT LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 338, and Exhibit B thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-14-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
June 14, 2021	Filing 338 JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the June 16, 2021 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B).(McInturff, J. Burkett)
June 11, 2021	Filing 337 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 11, 2021 re: #334 MOTION to Amend/Correct #58 Protective Order (Letter Renewing Plaintiffs' Application to Modify Protective Order). . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
June 11, 2021	Filing 336 FIRST LETTER MOTION for Extension of Time to Complete Discovery and Corresponding Extension of the Class Certification Briefing Schedule addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated June 11, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Text of Proposed Order (Proposed Revised Scheduling Order)).(Wittels, Steven)
June 3, 2021	Filing 335 NOTICE OF CHANGE OF ADDRESS by Aarti Reddy on behalf of Noom Inc., Artem Petakov. New Address: Cooley LLP, 3 Embarcadero Center, 20th Floor, San Francisco, CA, United States 94111-4004, (415) 693-2000..(Reddy, Aarti)
June 3, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 6/3/2021: Microsoft Teams (ca)
June 2, 2021	Filing 334 MOTION to Amend/Correct #58 Protective Order (Letter Renewing Plaintiffs' Application to Modify Protective Order). Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A - California injunctive complaint, #2 Exhibit B - New York injunctive complaint).(Wittels, Steven)
May 27, 2021	Filing 333 ORDER SCHEDULING CASE MANAGEMENT CONFERENCE BY VIDEO: A Case Management Conference in this matter utilizing Microsoft Teams is hereby scheduled for Wednesday, June 16, 2021 at 10:00 a.m. Counsel for the parties will be sent an invitation by Judge Parker's chambers prior to the scheduled conference date. ( Case Management Conference set for 6/16/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/27/2021) (mro)
May 26, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Conference held on 5/26/2021. (ca)
May 21, 2021	Filing 332 MEMO ENDORSEMENT re: #331 Letter filed by Artem Petakov, Noom Inc. ENDORSEMENT: Pursuant to the parties' letter below, the Court notes that client representatives need not attend the May 26 Settlement Status Conference. Further, Noom need not provide the additional data in advance of the May 26 conference. The purpose of the conference, in part, is to briefly discuss the categories of data that Noom should collect, not to evaluate that data. (Signed by Magistrate Judge Katharine H. Parker on 5/21/2021) (nb)
May 21, 2021	Filing 331 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated May 21, 2021 re: Order Setting May 26, 2021 Settlement Status Conference (ECF No. 330). Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
May 21, 2021	Filing 330 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Wednesday, May 26, 2021 at 12:30 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Telephone Conference set for 5/26/2021 at 12:30 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 5/21/2021) (nb)
May 20, 2021	Filing 329 MEMO ENDORSEMENT re: #328 Letter, filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: The Court thanks the parties for this update and commends the parties for reaching a resolution through the meet and confer process. (Signed by Magistrate Judge Katharine H. Parker on 5/20/2021) (nb)
May 20, 2021	Filing 328 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated May 20, 2021 re: parties' agreement regarding additional Zendesk metadata fields. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
May 18, 2021	Filing 327 ORDER ON PLAINTIFFS' MOTION TO COMPEL SAMPLING PROTOCOL granting in part and denying in part #241 Letter Motion to Compel. For the reasons set forth above, Plaintiffs' motion (ECF No. 241) is GRANTED in part and DENIED in part. (Signed by Magistrate Judge Katharine H. Parker on 5/18/2021) (mro)
May 13, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 5/13/2021: Microsoft Teams (ca)
May 12, 2021	Filing 326 ORDER CONVERTING CASE MANAGEMENT CONFERENCE TO VIDEO: The telephonic Case Management Conference in this matter scheduled for Thursday, June 3, 2021 at 10:00 a.m. is hereby converted to Microsoft Teams. Counsel for the parties will be sent an invitation by Judge Parker's chambers prior to the scheduled conference date. ( Case Management Conference set for 6/3/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/12/2021) (mro)
May 6, 2021	Filing 325 ORDER ON MOTIONS TO SEAL granting #258 Letter Motion to Seal; granting #276 Letter Motion to Seal; granting #287 Letter Motion to Seal; granting #294 Letter Motion to Seal; granting #296 Letter Motion to Seal. For the reasons stated above, the Court finds that the parties' various requests for sealing and redactions should be GRANTED. Accordingly, the Court hereby grants ECF Nos. 258, 276, 287, 294, and 296. The Court respectfully requests that the Clerk of Court ensure that the documents filed at ECF Nos. 259, 277, 278, 279, 280, 281, 282, 283, 284, 288, 289, 290, 292, 295, 307, 309, and 310 remain under seal, with access limited to the parties and the Court. Furthermore, Noom should file the narrowed proposed redactions adopted by the Court above by May 13, 2021. As is the case with all orders to seal in this case, Plaintiffs' right to contest the sealing and/or redaction of the documents addressed in this order in the event the documents are later filed in connection with a dispositive motion (i.e., a motion for summary judgment) is preserved. (Signed by Magistrate Judge Katharine H. Parker on 5/6/2021) (mro)
April 30, 2021	Filing 324 ORDER denying as moot #271 Letter Motion for Conference re: #271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21., #297 LETTER MOTION for Conference re: #260 Brief, E-Discovery Professors' Application to Address the Court as Amicus Curiae in Support Of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked, #303 LETTER MOTION for Conference re: #260 Brief, Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal ; denying as moot #297 Letter Motion for Conference re: #271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21., #297 LETTER MOTION for Conference re: #260 Brief, E-Discovery Professors' Application to Address the Court as Amicus Curiae in Support Of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked, #303 LETTER MOTION for Conference re: #260 Brief, Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal ; denying as moot #303 Letter Motion for Conference re: #271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21., #297 LETTER MOTION for Conference re: #260 Brief, E-Discovery Professors' Application to Address the Court as Amicus Curiae in Support Of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked, #303 LETTER MOTION for Conference re: #260 Brief, Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal. It is hereby ORDERED that, for the foregoing reasons, Plaintiffs' objections are OVERRULED. Plaintiffs' request for oral argument is DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 271, 297, 303. (Signed by Judge Valerie E. Caproni on 4/30/2021) (rro)
April 30, 2021	Filing 323 ORDER denying #275 Letter Motion for Discovery. For the above reasons, Plaintiffs' application is DENIED. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 4/30/2021) (js)
April 29, 2021	Filing 322 ORDER granting #304 Letter Motion to Seal; granting #315 Letter Motion to Seal. It is hereby ORDERED that, Defendants' application to approve redactions is GRANTED. The unredacted version of Exhibit A at Dkt. No. 305 will remain sealed, and only the parties and individuals identified in the attached Appendix A of the letter at Dkt. No. 304 will have access. Filing the above-referenced documents in redacted form is necessary to prevent the unauthorized dissemination of confidential business information. The parties are advised that the Court retains unfettered discretion whether or not to afford confidential treatment to any Confidential Document or information contained in any Confidential Document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 304, 315. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/29/2021) (cf)
April 29, 2021	Filing 321 ORDER CONVERTING SETTLEMENT CONFERENCE TO VIDEO: The telephonic Settlement Conference in this matter scheduled for Thursday, May 13, 2021 at 10:00 a.m. is hereby converted to Microsoft Teams. Counsel for the parties will be sent an invitation by Judge Parker's chambers prior to the scheduled conference date. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than May 10, 2021 by 5:00 p.m. ( Settlement Conference set for 5/13/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/29/2021) (mro) Modified on 4/30/2021 (ca).
April 29, 2021	Filing 320 ORDER granting #319 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 4/29/2021) (mro)
April 28, 2021	Filing 319 JOINT LETTER MOTION for Leave to File Excess Pages Re: Settlement Conference Submissions addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 28, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 28, 2021	Filing 318 ORDER granting #316 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 311 should be redacted, but only to the limited extent that Defendants propose. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter by May 11, 2021. The Court also respectfully requests that the Clerk of Court ensure that the document filed at ECF No. 317 remain under seal, with access limited to the parties and the Court. (Signed by Magistrate Judge Katharine H. Parker on 4/28/2021) (mro)
April 27, 2021	Filing 317 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated April 27, 2021 re: Under Seal Version of April 15, 2021 Hearing Transcript (ECF No. 311). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #316 .(Low, Charles)
April 27, 2021	Filing 316 LETTER MOTION to Seal and Redact Limited Portions of the April 15, 2021 Hearing Transcript (ECF No. 311) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated April 27, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Transcript of 4-15-2021 CMC_Redacted).(Low, Charles)
April 21, 2021	Filing 315 LETTER MOTION to Seal /Redact Confidential Information re: ECF No. 303-1 addressed to Judge Lorna G. Schofield from Aarti Reddy dated April 21, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 20, 2021	Filing 314 DECLARATION of Aarti G. Reddy in Opposition re: #260 Brief,. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Milgard Motion, #2 Exhibit B-Milgard Motion Ex. G).(Reddy, Aarti)
April 20, 2021	Filing 313 OPPOSITION BRIEF re: #260 Brief, Plaintiffs Objection Pursuant to FRCP 72(a) to Magistrate Judge Katharine Parker's March 11, 2021 Discovery Order Concerning Production of Hyperlinked Internal Documents, ECF No. 239. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 20, 2021	Filing 312 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 4/15/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)
April 20, 2021	Filing 311 TRANSCRIPT of Proceedings re: Telephone Conference held on 4/15/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2021. Redacted Transcript Deadline set for 5/21/2021. Release of Transcript Restriction set for 7/19/2021..(kv)
April 20, 2021	Filing 310 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: Enclosing Exhibit 2 to ECF No. 308: Narrowed Proposed Redactions to Ex. D to Plaintiffs' April 12 Letter Motion for Discovery Under the Court's Extenuating Circumstances Order, ECF No. 275-4. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 20, 2021	Filing 309 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: Enclosing Exhibit 1 to ECF No. 308: Narrowed Proposed Redactions to Plaintiffs' April 12 Letter Motion for Discovery Under the Court's Extenuating Circumstances Order, ECF No. 275. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 20, 2021	Filing 308 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: #276 LETTER MOTION to Seal Provisionally Portions Plaintiffs' Motion for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders, ECF No. 2 - The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact Portions of ECF No. 275 and Ex. D Thereto and to Seal Ex. A-C and E-G Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
April 20, 2021	Filing 307 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: Enclosing Exhibit 1 to ECF No. 306: Narrowed Proposed Redactions to Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #287 .(McInturff, J. Burkett)
April 20, 2021	Filing 306 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: #287 LETTER MOTION to Seal Provisionally Portions of Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286, and the Exhibit Thereto addres - The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact Portions of ECF No. 286 and Seal Exhibit A Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
April 19, 2021	Filing 305 *SELECTED PARTIES* LETTER addressed to Judge Lorna G. Schofield from Steven L. Wittels dated April 19, 2021 re: Enclosing Sealed Version of Exhibit A to Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal Documents (ECF No. 303-1). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #304 .(Wittels, Steven)
April 19, 2021	Filing 304 LETTER MOTION to Seal Redacted Portions of Exhibit A to Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal Documents (ECF No. 303-1) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated August 19, 2020. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
April 19, 2021	Filing 303 LETTER MOTION for Conference re: #260 Brief, Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal Documents addressed to Judge Lorna G. Schofield from Steven L. Wittels dated April 19, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A (Proposed Supplemental Declaration)).(Wittels, Steven)
April 15, 2021	Filing 302 POST- CONFERENCE ORDER: Consistent with the telephonic case management conference held on April 15, 2021 in the above-captioned matter, the parties are directed and advised as follows: Search Terms and Document Discovery: Coming into the April 15 conference, the parties agreed on approximately 57 search terms. Beyond those terms, Plaintiffs proposed 125 additional term lines to which Noom objects. Having reviewed the proposed search terms and heard the parties' arguments on this issue, the Court finds that some of Plaintiffs' proposed terms are proper, while others are overly burdensome, unduly speculative, or premature at this stage of document discovery. Accordingly, as directed on the record at the April 15 conference, the Court hereby endorses only the following proposed term lines and directs Noom to incorporate these searches in its initial collection: The Court will also permit modified versions of certain additional search terms proposed by the Plaintiffs. Specifically, Noom should run searches for Plaintiffs' term numbers 59, 60, and 61, except that the terms "trial" and "auto" and "refund" and "retain" and "retention" should be struck from the term lines. Noom should run these searches along with the search terms to which the parties already agree and begin reviewing documents as soon as is practicable. As noted at the conference, Noom must produce its first round of responsive documents to Plaintiffs by no later than May 15, 2021. Noom's second production will be due by June 14, 2021. At the next status conference Noom should be prepared to report on the review population and whether it can ascertain an anticipated date for substantial completion of document production. Furthermore, at the conference the Court provided very specific guidance to the parties on revisions to be made to Plaintiffs' term number 14. Noom is directed to revise this search term so that it reads as follows: (Coach* w/6 (complain* OR confus) AND refund OR cancel*) Noom should generate a hit report based on this revised term line. Based on that hit report the parties should meet and confer to assess the review burden associated with the narrowed search line proposed by the Court and determine whether the revised term is proportional to the needs of the case. With respect to Plaintiffs' remaining proposed terms, the Court will not require Noom to incorporate those search terms at this time. This ruling is made without prejudice to Plaintiffs' right to resubmit these or other search terms if, after a meaningful exchange of documents, there is good cause to broaden the review population. The parties are directed to the conference transcript for other rulings and directives of the Court. SO ORDERED (Signed by Magistrate Judge Katharine H. Parker on 4/15/2021) (rj)
April 15, 2021	Filing 301 ORDER granting #257 Letter Motion for Discovery; granting #259 Letter Motion for Discovery. Accordingly, the Court limits the scope of the 30(b)(6) deposition topics as follows: Topic 1: This information is limited in scope, relevant background information, and proportional to the needs of the case. Topic 2: This topic is modified to focus on the following questions: Did the one-time plans terminate upon the end of the pre-paid, finite period? How were consumers informed about options to renew upon termination of such plans? What learnings, if any, did Noom take from customer use of the one-time plans in adopting the healthy weight auto renewal model? Topic 3: Provide the formal names and identifiers of the one-time plans that preceded the Healthy Weight autorenewal plan. This information will assist Plaintiffs in distinguishing the plan at issue and communications about same from other plans offered by Noom and potentially referenced by documents and witnesses during discovery. Topic 4: This topic is not within the scope of the limited purpose 30(b)(6) deposition. The topic is more appropriately explored in the context of depositions relating to the plan at issue through questions such as, why did Noom move to an autorenewal plan? Topic 5: These details about the one-time plans are not relevant to the autorenewal plan at issue in this case and are not necessary to provide context. Plaintiffs can explore the reasons for the length of the trial period, automatic enrollment, and cancellation features of the plan at issue in depositions concerning the autorenewal plan. Topic 6: Information about the rationale for features of the one-time plans is not relevant to the autorenewal plan at issue in this case and is not necessary to provide context. Plaintiffs can fully explore the rationale for features of the autorenewal plan in depositions concerning it. Topic 7: This topic is more appropriately addressed in depositions concerning the autorenewal plan at issue through questions such as, why did Noom change to an autorenewal plan? Topic 8: This topic is modified as follows: The number of customers enrolled in, and revenue derived from, Noom's one-time plans. This general information can then be contrasted with information learned about the number of custodians enrolled in, and revenue derived from, the autorenewal plan at issue. Topic 9: Plaintiffs may learn the names and titles of key individuals involved in the design, implementation, and review of Noom's one-time plans. Plaintiffs will not be permitted to depose such individuals about the one-time plans absent a showing of good cause. The identities of these individuals and their titles will allow Plaintiffs to determine whether there was overlap in the key designers of the one-time plans and the autorenewal plan at issue, which is a relevant piece of information. Topic 10: The information sought in this topic is not relevant and, even if marginally relevant, is not proportional to the needs of this case. Topic 11: The information sought in this topic is not relevant and, even if marginally relevant, is not proportional to the needs of this case. Topic 12: This topic, as phrased, is overbroad and not proportional to the needs of the case. The topic is modified as follows: Does Noom have records on whether one-time customers later joined the Healthy Weight autorenewal plan? Does Noom know what percentage of the Healthy Weight autorenewal plan customers utilized a one-time plan prior to signing up for the autorenewal plan? If so, what is that percentage? Topic 13: This topic is more appropriately addressed in depositions concerning the autorenewal plan at issue. Plaintiffs can explore in depositions concerning the autorenewal plan whether the autorenewal plan's signup, charges, and cancellation process changed from the one-time plan and, if so, in what way and why. It is unlikely that Plaintiffs will need 7 hours to obtain the information permitted above; however, the Court will not limit the hours, as the topics themselves, as limited, will necessarily reduce to time needed for the deposition and there is no need for arbitrary limits besides the 7- hour limit. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/15/2021) (rj)
April 15, 2021	Filing 300 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Aarti Reddy dated April 15, 2021 re: #271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 15, 2021	Filing 299 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated April 15, 2021 re: #275 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders (PUBLIC REDACTED VERSION) addressed to Magistrate Judge Kath -- Letter Correcting the Record Regarding Noom's Opposition. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A).(Wittels, Steven)
April 15, 2021	Filing 298 NOTICE OF APPEARANCE by Ethan Daniel Roman on behalf of Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)
April 15, 2021	Filing 297 LETTER MOTION for Conference re: #260 Brief, E-Discovery Professors' Application to Address the Court as Amicus Curiae in Support Of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal Documents (Doc. 260) addressed to Judge Lorna G. Schofield from Professor William F. Hamilton and Professor Andrew M. Pardieck dated April 15, 2021. Document filed by Mojo Nichols..(Wittels, Steven)
April 15, 2021	Filing 296 LETTER MOTION to Seal portions of Exhibit 1 attached to Nooms Opposition to Plaintiffs Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 15, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference / Discovery Hearing / Status Conference held on 4/15/2021: See transcript for details. AT&T Conference line. (ca)
April 14, 2021	Filing 295 *SELECTED PARTIES*JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: Proposed Agenda and Position Statements for April 15, 2021 Telephonic Case Management Conference: Sealed Unredacted Version. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit A- Nooms Proposed Search Terms, #2 Exhibit B- Plaintiffs Modifications to Nooms Proposed Search Terms, #3 Exhibit C- Plaintiffs Additional Proposed Search Terms)Motion or Order to File Under Seal: #294 .(Reddy, Aarti)
April 14, 2021	Filing 294 LETTER MOTION to Seal and redact portions of the Parties Joint Letter Regarding Proposed Agenda and Position Statements for April 15, 2021 Telephonic Case Management Conference addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 14, 2021	Filing 293 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: Proposed Agenda and Position Statements for April 15, 2021 Telephonic Case Management Conference: Redacted Public Version. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A- Nooms Proposed Search Terms, #2 Exhibit B- Plaintiffs Modifications to Nooms Proposed Search Terms, #3 Exhibit C- Plaintiffs Additional Proposed Search Terms).(Reddy, Aarti)
April 14, 2021	Filing 292 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: Sealed Version of Nooms Exhibit 1 to their Response to Plaintiffs Extenuating Circumstances Motion ECF No. 291-1. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #291 .(Reddy, Aarti)
April 14, 2021	Filing 291 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: #275 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders (PUBLIC REDACTED VERSION) addressed to Magistrate Judge Kath . Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1- Email, #2 Exhibit 2- Email).(Reddy, Aarti)
April 14, 2021	Filing 290 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: Proposed Agenda and Position Statements for April 15, 2021 Telephonic Case Management Conference. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A- Nooms Proposed Search Terms, #2 Exhibit B- Plaintiffs Modifications to Nooms Proposed Search Terms, #3 Exhibit C- Plaintiffs Additional Proposed Search Terms).(Reddy, Aarti)
April 13, 2021	Filing 289 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 13, 2021 re: Enclosing Sealed Version of Exhibit A to Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286-1. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #287 .(McInturff, J. Burkett)
April 13, 2021	Filing 288 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 13, 2021 re: Enclosing Sealed Version of Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #287 .(McInturff, J. Burkett)
April 13, 2021	Filing 287 LETTER MOTION to Seal Provisionally Portions of Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286, and the Exhibit Thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 13, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
April 13, 2021	Filing 286 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 13, 2021 re: #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. And Cross-Motion to Amend the Complaint -- PUBLIC REDACTED VERSION--. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A).(McInturff, J. Burkett)
April 13, 2021	Filing 285 ORDER FOR ADMISSION PRO HAC VICE granting #274 Motion for Ashley K. Corkery to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 4/13/2021) (mro)
April 12, 2021	Filing 284 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit G to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-7. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 12, 2021	Filing 283 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit F to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-6. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 12, 2021	Filing 282 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit E to Plaintiffs Extenuating Circumstances Motion, ECF No. 275-5. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 12, 2021	Filing 281 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit D to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-4. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 12, 2021	Filing 280 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit C to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-3. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 12, 2021	Filing 279 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit B to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-2. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 12, 2021	Filing 278 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit A to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-1. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 12, 2021	Filing 277 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of the Plaintiffs' Extenuating Circumstances Motion, ECF No. 275. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)
April 12, 2021	Filing 276 LETTER MOTION to Seal Provisionally Portions Plaintiffs' Motion for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders, ECF No. 275, and the Exhibits Thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
April 12, 2021	Filing 275 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders (PUBLIC REDACTED VERSION) addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(McInturff, J. Burkett)
April 12, 2021	Filing 274 MOTION for Ashley K. Corkery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24381419. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Declaration of Ashley K. Corkery in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Corkery, Ashley)
April 12, 2021	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #274 MOTION for Ashley K. Corkery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24381419. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)
April 12, 2021	NOTICE TO COUNSEL: REMINDER of the telephonic Case Management Conference scheduled on 4/15/2021 at 11:00 AM. Please dial(866) 434-5269, Access code: 4858267. re: 248 Scheduling Order.(ca)
April 9, 2021	Filing 273 REPLY MEMORANDUM OF LAW in Support re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 9, 2021	Filing 272 ORDER granting #270 Letter Motion for Extension of Time to File Response/Reply re #270 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Kathar. APPLICATION GRANTED. Responses due by 4/13/2021 (Signed by Magistrate Judge Katharine H. Parker on 4/9/2021) (jca)
April 9, 2021	Filing 271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21. Document filed by Mojo Nichols..(Gardner, Stephen)
April 9, 2021	Filing 270 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated April 9, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
April 8, 2021	Filing 269 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #271) - MEMORANDUM OF LAW in Support re: #265 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Kathar . Document filed by Mojo Nichols..(Gardner, Stephen) Modified on 4/9/2021 (ldi).
April 7, 2021	Filing 268 ORDER granting #265 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. Responses due by 4/9/2021. (Signed by Magistrate Judge Katharine H. Parker on 4/7/2021) (mro)
April 6, 2021	Filing 267 ORDER granting #245 Letter Motion to Seal; granting #256 Letter Motion to Seal; granting #263 Letter Motion to Seal. It is hereby ORDERED that, parties' respective applications to approve redactions are GRANTED. The unredacted versions of Plaintiffs' Memorandum of Law and Plaintiffs' objections filed at Dkt. Nos. 246 and 264 will remain sealed, and only the parties and individuals identified in the attached Appendix A of the letters at Dkt. Nos. 245 and 263 will have access. Filing the above-referenced documents in redacted form is necessary to prevent the unauthorized dissemination of confidential business information. It is further ORDERED that, by April 20, 2021, Defendants shall file a response to Plaintiffs' objections to Judge Parker's discovery order not to exceed 25 double spaced pages. No reply shall be filed unless requested by the Court. The parties are advised that the Court retains unfettered discretion whether or not to afford confidential treatment to any Confidential Document or information contained in any Confidential Document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 245, 256, 263. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/6/2021) (cf)
April 6, 2021	Filing 266 LETTER addressed to Judge Lorna G. Schofield from Aarti Reddy dated April 6, 2021 re: Nooms Letter in Support of Plaintiffs Letter Motion to Seal/Redact Materials in Plaintiffs Objection, ECF No. 263. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 5, 2021	Filing 265 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated April 5, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
April 3, 2021	Filing 264 *SELECTED PARTIES* BRIEF --SEALED VERSION-- Objecting Pursuant to FRCP 72(a) to Magistrate Judge Katharine Parker's March 11, 2021 Discovery Order Concerning Production of Hyperlinked Internal Documents, ECF No. 239. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov.Motion or Order to File Under Seal: #263 .(Wittels, Steven)
April 3, 2021	Filing 263 LETTER MOTION to Seal Redacted Portions of Plaintiffs' FRCP 72(a) Objections (ECF No. 260) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated April 2, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
April 2, 2021	Filing 262 NOTICE of Declaration of Douglas E. Forrest in Support of FRCP 72(a) Objection re: #260 Brief,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
April 2, 2021	Filing 261 NOTICE of Declaration of J. Burkett McInturff in Support of FRCP 72(a) Objection re: #260 Brief,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(McInturff, J. Burkett)
April 2, 2021	Filing 260 BRIEF --PUBLIC REDACTED VERSION-- Objecting Pursuant to FRCP 72(a) to Magistrate Judge Katharine Parker's March 11, 2021 Discovery Order Concerning Production of Hyperlinked Internal Documents, ECF No. 239. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
April 1, 2021	Filing 259 *SELECTED PARTIES* LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. Document filed by Artem Petakov, Noom Inc., Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Notice)Motion or Order to File Under Seal: #258 .(Reddy, Aarti)
April 1, 2021	Filing 258 LETTER MOTION to Seal /Redact Portions of Exhibit 2 Attached to ECF No. 257 - Letter Motion for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
April 1, 2021	Filing 257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Notice).(Reddy, Aarti)
April 1, 2021	Filing 256 LETTER MOTION to Seal /Redact Confidential Information in Plaintiffs' Memorandum of Law in Support of Their Opposition to Defendants' Motion to Dismiss Plaintiffs' Third Amended Class Action Complaint (ECF No. 244). addressed to Judge Lorna G. Schofield from Aarti Reddy dated April 1, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
March 26, 2021	Filing 255 DECLARATION of Dominique M. Hanssens in Opposition re: #241 LETTER MOTION to Compel Defendants to Adopt Plaintiffs' Transparent and Unbiased Protocol for Sampling Defendants' Three Separate Customer Communications Repositories addressed to Magistrate Judge Katharine H. Parker from J. Burk. Document filed by Noom Inc., Artem Petakov..(Low, Charles)
March 26, 2021	Filing 254 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Charles Low dated March 26, 2021 re: #241 LETTER MOTION to Compel Defendants to Adopt Plaintiffs' Transparent and Unbiased Protocol for Sampling Defendants' Three Separate Customer Communications Repositories addressed to Magistrate Judge Katharine H. Parker from J. Burk . Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Chart).(Low, Charles)
March 26, 2021	Filing 253 ORDER granting in part and denying in part #249 Letter Motion for Extension of Time. The application is GRANTED in part. The deadline for Plaintiffs to file their objection to Judge Parker's Order at Dkt. No. 239 is hereby extended to April 2, 2021. (Signed by Judge Lorna G. Schofield on 3/26/2021) (cf)
March 26, 2021	Filing 252 MEMO ENDORSEMENT on re: #245 LETTER MOTION to Seal Redacted Portions of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Third Amended Class Action Complaint (ECF No. 244) addressed to Judge Lorna G. Schofield from Steven L. Wittels filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer ENDORSEMENT: By April 2, 2021, Defendants shall file a response to this letter not to exceed 3 single-spaced pages. (Responses due by 4/2/2021) (Signed by Judge Lorna G. Schofield on 3/26/2021) (cf)
March 25, 2021	Filing 251 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 3/23/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)
March 25, 2021	Filing 250 TRANSCRIPT of Proceedings re: Telephone Conference held on 3/23/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/15/2021. Redacted Transcript Deadline set for 4/26/2021. Release of Transcript Restriction set for 6/23/2021..(kv)
March 24, 2021	Filing 249 FIRST LETTER MOTION for Extension of Time Under Rule 72(a) of the Federal Rules of Civil Procedure to Object to Magistrate Judge Parker's March 11, 2021 Order Concerning Production of Hyperlinked Internal Documents (ECF No. 239) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated March 24, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
March 23, 2021	Filing 248 SCHEDULING AND DISCOVERY RULINGS ORDER: The case management conference on 4/13/2021 is rescheduled to 4/15/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker. The parties should dial into Judge Parker's ATT line. The agenda letter in advance of this conference shall discuss the results of the parties' meet and confer on search terms only and be filed by 4/14/2021 at 5:00 p.m. EST. The Court made numerous rulings on outstanding discovery disputes during today's conference. The parties are directed to the transcript from today's conference for those rulings. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)
March 23, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference/ Discovery Hearing/ Status Conference held on 3/23/2021: See transcript for details. AT&T Conference line. (ca)
March 23, 2021	NOTICE TO COUNSEL: REMINDER of telephonic case management conference scheduled on March 23, 2021 at 10:00 a.m. Please call (866) 434-5269; access code: 4858267 re: #229 Order.(ca)
March 22, 2021	Filing 247 PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the March 23, 2021 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
March 20, 2021	Filing 246 *SELECTED PARTIES* MEMORANDUM OF LAW in Opposition re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. (Sealed Version). Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. Motion or Order to File Under Seal: #245 .(Wittels, Steven)
March 20, 2021	Filing 245 LETTER MOTION to Seal Redacted Portions of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Third Amended Class Action Complaint (ECF No. 244) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated March 20, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
March 20, 2021	Filing 244 MEMORANDUM OF LAW in Opposition re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. (Redacted Public Version). Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
March 19, 2021	Filing 243 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 19, 2021 re: Nooms agenda items and discovery issues Noom wishes to address at the March 23, 2021 conference.. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1: Summary of Nooms Search Term Reports, #2 Exhibit 2: Gmail Search Term Report, #3 Exhibit 3: Google Shared Drive Search Term Report, #4 Exhibit 4: Slack Search Term Report, #5 Exhibit 5: Google Calendar Search Term Report, #6 Exhibit 6: Guru Search Term Report, #7 Exhibit 7: Plaintiffs Proposed Search Terms).(Reddy, Aarti)
March 12, 2021	Filing 242 DECLARATION of Alexander Vekker, PhD in Support re: #241 LETTER MOTION to Compel Defendants to Adopt Plaintiffs' Transparent and Unbiased Protocol for Sampling Defendants' Three Separate Customer Communications Repositories addressed to Magistrate Judge Katharine H. Parker from J. Burk. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
March 12, 2021	Filing 241 LETTER MOTION to Compel Defendants to Adopt Plaintiffs' Transparent and Unbiased Protocol for Sampling Defendants' Three Separate Customer Communications Repositories addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated March 12, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
March 12, 2021	Filing 240 DISCOVERY ORDER CONCERNING MODIFICATION OF PROTECTIVE ORDER denying without prejudice #209 Motion to Amend/Correct. For the reasons set forth above, Plaintiffs' letter motion at ECF No. 209 is DENIED WITHOUT PREJUDICE. (Signed by Magistrate Judge Katharine H. Parker on 3/12/2021) (mro)
March 11, 2021	Filing 239 DISCOVERY ORDER CONCERNING PRODUCTION OF HYPERLINKED INTERNAL DOCUMENTS denying #214 Letter Motion for Conference. For the reasons set forth above, Plaintiffs' letter motion at ECF No. 214 is DENIED. Defendants' related request for attorneys' fees generated in responding to Plaintiffs' letter motion is also DENIED. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2021) (mro)
March 8, 2021	Filing 238 ORDER TO SEAL granting #187 Letter Motion to Seal. Accordingly, the Court respectfully requests that the Clerk of Court ensure that the documents filed at ECF Nos. 188-191 remain under seal, with access limited to the parties and the Court. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2021) (mro)
March 8, 2021	Filing 237 ORDER granting #223 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 198 should be redacted, but only to the limited extent that Defendants propose. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter as soon as is practicable. The parties are free to appeal to the Court if an additional order granting the redaction request becomes necessary. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2021) (mro)
March 8, 2021	Filing 236 DECLARATION of Douglas E. Forrest in Support re: #214 LETTER MOTION for Conference to Clarify the Court's Orders Regarding Child Documents Attached or Embedded via Hyperlink to Parent Emails or Documents, Requested Pursuant to the Court's "Extenuating Circumstances" Discovery Mot. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)
March 8, 2021	Filing 235 ORDER granting #233 Letter Motion for Extension of Time to File Response/Reply re #233 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #230 Order on Motion for Extension of Time to File Response/Reply,, Requesting Correction of Defendants' Reply Brief Deadline addressed to Judge Lorna G. Schofield. The application is GRANTED. The deadlines listed above are adopted as an Order of the Court. Responses due by 3/19/2021 Replies due by 4/9/2021. (Signed by Judge Lorna G. Schofield on 3/8/2021) (cf)
March 5, 2021	Filing 234 ORDER granting #228 Letter Motion for Extension of Time. APPLICATION GRANTED. Motions due by 3/12/2021. (Signed by Magistrate Judge Katharine H. Parker on 3/5/2021) (mml)
March 5, 2021	Filing 233 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #230 Order on Motion for Extension of Time to File Response/Reply,, Requesting Correction of Defendants' Reply Brief Deadline addressed to Judge Lorna G. Schofield from Steven L. Wittels dated 03-05-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
March 5, 2021	Set/Reset Deadlines: Responses due by 3/26/2021. (mml)
March 4, 2021	Set/Reset Hearings: Status Conference set for 4/13/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker. (mro)
March 4, 2021	Filing 232 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 3/4/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)
March 4, 2021	Filing 231 TRANSCRIPT of Proceedings re: Telephone Conference held on 3/4/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/25/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/2/2021..(kv)
March 4, 2021	Filing 230 ORDER granting #227 Letter Motion for Extension of Time to File Response/Reply re #227 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss Plaintiffs' Third Amended Class Complaint (ECF No. 204) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated 03-04-21. The application is GRANTED. The deadline for Plaintiffs to file their response is hereby extended to March 19, 2021. The deadline for Defendants to file their reply is hereby extended to April 2, 2021. Responses due by 3/19/2021 Replies due by 4/2/2021. (Signed by Judge Lorna G. Schofield on 3/4/2021) (cf)
March 4, 2021	Filing 229 POST-CONFERENCE ORDER: Consistent with the telephonic case management conference held on March 4, 2021 in the above-captioned matter, the parties are directed and advised as follows: Scheduling: A telephonic case management conference is hereby scheduled to take place on March 23, 2021 at 10:00 a.m. Counsel for the parties are directed to call (866) 434-5269; access code: 4858267 at the scheduled time. Further, the conference previously scheduled to take place on April 8, 2021 in this case is hereby adjourned to April 13, 2021 at 11:00 a.m. Counsel should also use the dial-in information outlined above for this conference. Plaintiffs will be permitted to submit a declaration in support of their motion to clarify the Court's orders regarding the production of hyperlinks. (See ECF No. 214.) As noted on the record, Plaintiffs must submit this supplemental declaration by no later than March 8, 2021. Once received, the Court will issue a ruling on this motion in due course. As discussed, in order to accelerate the production of documents, counsel for Noom should investigate whether Noom's already-designated custodians can easily identify documents that are likely responsive to Plaintiffs' discovery requests, prior to application of search terms. To the extent that these custodians can identify any such documents that can be efficiently collected and produced, Noom should endeavor to prioritize their review and production. Further, the deadline for finalizing search terms is March 23, 2021. The parties should prioritize this over additional custodians because additional custodians can be added later, if reasonable to add them. The parties shall be prepared to report on a proposed prioritization of topics from custodians that will be reviewed and produced on a rolling basis and an anticipated timeline for the production of those documents at the March 23, 2021 conference. The parties are directed to the conference transcript for other rulings and directives of the Court. ( Telephone Conference set for 3/23/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/4/2021) (mro) Modified on 3/5/2021 (mro).
March 4, 2021	Filing 228 CONSENT LETTER MOTION for Extension of Time to File Plaintiffs' Motion to Compel Previously Ordered by the Court, see ECF Nos. 195 and 218 addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 03-04-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
March 4, 2021	Filing 227 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss Plaintiffs' Third Amended Class Complaint (ECF No. 204) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated 03-04-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
March 4, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 3/4/2021, Discovery Hearing held on 3/4/2021.See transcript for details.AT&T Conference line. (ca)
March 3, 2021	NOTICE TO COUNSEL: REMINDER of the telephonic Case Management Conference scheduled for Thursday, March 4, 2021 at 10:00 a.m. Please dial: (866)434-5269, access code: 4858267 re: #85 Order.(ca)
March 2, 2021	Filing 226 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 2, 2021 re: #214 LETTER MOTION for Conference to Clarify the Court's Orders Regarding Child Documents Attached or Embedded via Hyperlink to Parent Emails or Documents, Requested Pursuant to the Court's "Extenuating Circumstances" Discovery Mot . Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-2018-09-17 DI No. 192 Discovery Letter Order, #2 Exhibit B-Declaration of Stephen Gresch-Noom).(Reddy, Aarti)
March 2, 2021	Filing 225 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 2, 2021 re: Agenda for March 4, 2021, Conference. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
March 2, 2021	Filing 224 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 1, 2021 re: Defendants Noom, Inc and Artem Petakov letter motion to redact and seal two portion of the January 29, 2021 Hearing Transcript, (ECF No. 198). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 1 - [Sealed] January 29, 2021 Hearing Transcript)Motion or Order to File Under Seal: #223 .(Reddy, Aarti)
March 2, 2021	Filing 223 LETTER MOTION to Seal : Defendants Noom, Inc and Artem Petakov letter motion to redact and seal two portion of the January 29, 2021 Hearing Transcript, (ECF No. 198) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 1, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 #1 - Redacted January 29, 2021 Hearing Transcript).(Reddy, Aarti)
February 26, 2021	Filing 222 DECLARATION of Aarti G. Reddy in Opposition re: #209 MOTION to Amend/Correct #58 Protective Order .. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Screenshot).(Reddy, Aarti)
February 26, 2021	Filing 221 MEMORANDUM OF LAW in Opposition re: #209 MOTION to Amend/Correct #58 Protective Order . . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
February 26, 2021	Filing 220 *SELECTED PARTIES* MEMORANDUM OF LAW in Support re: #209 MOTION to Amend/Correct #58 Protective Order . . Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. Motion or Order to File Under Seal: #219 .(McInturff, J. Burkett)
February 26, 2021	Filing 219 JOINT LETTER MOTION to Seal Setting Forth the Parties' Positions Regarding Defendants' Request to Seal Portions of Plaintiffs' Memorandum of Law in Support of their Motion to Modify the Stipulated Protective Order, ECF No. 210 addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 02-26-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
February 24, 2021	Filing 218 ORDER granting #215 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/24/2021) (mro)
February 24, 2021	Set/Reset Deadlines: Motions due by 3/5/2021. Responses due by 3/19/2021 (mro)
February 23, 2021	Filing 217 ORDER granting #178 Motion for Colin S. Scott to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
February 23, 2021	Filing 216 ORDER granting #177 Motion for Joseph D. Mornin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
February 23, 2021	Filing 215 LETTER MOTION for Extension of Time to File Response to ECF No. (214) and Request for Extension of Plaintiffs Deadline to File Their Motion to Compel Previously Ordered by the Court ECF No. (195) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated Feburary 23, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
February 19, 2021	Filing 214 LETTER MOTION for Conference to Clarify the Court's Orders Regarding Child Documents Attached or Embedded via Hyperlink to Parent Emails or Documents, Requested Pursuant to the Court's "Extenuating Circumstances" Discovery Motion Order, ECF No. 145 addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated February 19, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A).(Wittels, Steven)
February 17, 2021	Filing 213 ORDER granting #212 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/17/2021) (mro)
February 17, 2021	Filing 212 LETTER MOTION for Extension of Time to File Response to Plaintiffs Motion to Modify the Stipulated Protective Order (ECF No. 209) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated February 17, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
February 17, 2021	Set/Reset Deadlines: Responses due by 2/26/2021 (mro)
February 16, 2021	***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #211 Proposed Order, was reviewed and approved as to form. (dt)
February 12, 2021	Filing 211 PROPOSED ORDER. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. Related Document Number: #209 ..(Wittels, Steven) Proposed Order to be reviewed by Clerk's Office staff.
February 12, 2021	Filing 210 MEMORANDUM OF LAW in Support re: #209 MOTION to Amend/Correct #58 Protective Order . . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
February 12, 2021	Filing 209 MOTION to Amend/Correct #58 Protective Order . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
February 12, 2021	Filing 208 PROPOSED ORDER. Document filed by Noom Inc., Artem Petakov. Related Document Number: #204 ..(Reddy, Aarti) Proposed Order to be reviewed by Clerk's Office staff.
February 12, 2021	Filing 207 DECLARATION of Aarti Reddy in Support re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - Order).(Reddy, Aarti)
February 12, 2021	Filing 206 *SELECTED PARTIES* MEMORANDUM OF LAW in Support re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. . Document filed by Artem Petakov, Noom Inc., Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. Motion or Order to File Under Seal: #171 .(Reddy, Aarti)
February 12, 2021	Filing 205 MEMORANDUM OF LAW in Support re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
February 12, 2021	Filing 204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
February 11, 2021	Filing 203 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated February 11, 2021 re: #187 JOINT LETTER MOTION to Seal Provisionally Portions of the Parties' Joint Status Letter, ECF No. 186, and Certain Exhibits thereto addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21. - The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting forth Their Positions on the Disputes Regarding Defendants' Request to Seal Portions of ECF No. 186, and Certain Exhibits Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(McInturff, J. Burkett)
February 9, 2021	Filing 202 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 2/4/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)
February 9, 2021	Filing 201 TRANSCRIPT of Proceedings re: Telephone Conference held on 2/4/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2021. Redacted Transcript Deadline set for 3/12/2021. Release of Transcript Restriction set for 5/10/2021..(kv)
February 9, 2021	Filing 200 ORDER denying #153 Letter Motion for Conference. Plaintiffs application is DENIED for substantially the same reasons identified at the telephone conference on December 17, 2020, and in Defendants' letter at Dkt. No. 180. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/8/21) (yv)
February 8, 2021	Filing 199 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/29/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)
February 8, 2021	Filing 198 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/29/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2021. Redacted Transcript Deadline set for 3/11/2021. Release of Transcript Restriction set for 5/10/2021..(kv)
February 8, 2021	Filing 197 ORDER: It is hereby ORDERED that the pre-motion conference set for February 11, 2021, at 10:30 A.M. (see Dkt. No. 32) is canceled. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/8/2021) (cf)
February 8, 2021	Filing 196 LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Steven L. Wittels dated February 8, 2021 re: #153 LETTER MOTION for Conference Regarding Plaintiffs' Renewed Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. - Correcting Inaccuracies in Defendants' Third Opposition Letter [ECF No. 180]. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
February 5, 2021	Filing 195 DISCOVERY ORDER: Consistent with the telephonic case management conference held on February 4, 2021 in the above-captioned matter, the parties are directed and advised as follows: Plaintiffs request modification of the protective order in this case (ECF No. 58) to allow them to use discovery from this case in a forthcoming state court injunctive action. The Court requests further briefing on this issue. Plaintiffs should file their formal motion and accompanying brief by no later than February 12, 2021. Defendants' opposition is due on February 19, 2021. No reply will be permitted. Further, the parties are directed to meet and confer on the issue of sampling documents from the Zendesk platform. The Court notes that additional, related issues were raised concerning the UserVoice platform. If the parties are unable to resolve the outstanding discovery disputes related to production of data from these databases, Plaintiffs will be permitted to file a motion to compel and an accompanying brief, not to exceed six pages in length, by February 25, 2021. Noom's opposition will be due on March 11, 2021. No reply will be permitted; as further set forth herein. The parties are directed to the conference transcript for other rulings and directives of the Court. ( Brief due by 2/25/2021., Motions due by 2/25/2021., Responses due by 3/11/2021) (Signed by Magistrate Judge Katharine H. Parker on 2/5/2021) (mro)
February 4, 2021	Filing 194 ORDER SCHEDULING SETTLEMENT CONFERENCE: The Case Management Conference in this matter scheduled for Thursday, May 13, 2021 at 10:00 a.m. is hereby converted to a telephonic settlement conference. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice, except that the parties shall be permitted up to 5 pages excluding exhibits and any preliminary proposed term sheets. Pre-conference submissions must be received by the Court no later than May 6, 2021 by 5:00 p.m. ( Telephone Conference set for 5/13/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/4/2021) (mro)
February 4, 2021	Filing 193 ORDER: Consistent with the Notice of Voluntary Dismissal filed at ECF No. 93 in this case, many of the previously named Plaintiffs have been dismissed from this action, without prejudice. Accordingly, the Court respectfully requests that the Clerk of the Court update the case caption and case information on the docket to reflect the named plaintiffs listed in the Third Amended Complaint at ECF No. 174. Elvera Honore (Individually and on Behalf of All Others Similarly Situated), Geraldine Mahood (Individually and on Behalf of All Others Similarly Situated), Alexandra Burwood (Individually and on Behalf of All Others Similarly Situated) and Melissa Cuevas (Individually and on Behalf of All Others Similarly Situated) terminated. (Signed by Magistrate Judge Katharine H. Parker on 2/4/2021) (mro)
February 4, 2021	Filing 192 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated February 4, 2021 re: Noom's Proposed Agenda and Position Statements for February 4, 2021 Telephonic Case Management Conference. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit).(Reddy, Aarti)
February 4, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 2/4/2021. AT&T Conference Line. (ca)
February 3, 2021	Filing 191 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21 re: Enclosing Sealed Version of Ex. E to the Parties' Joint Status Letter, ECF No. 186-5. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #187 .(Hunter, Jessica)
February 3, 2021	Filing 190 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21 re: Enclosing Sealed Version of Ex. D to the Parties' Joint Status Letter, ECF No. 186-4. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #187 .(Hunter, Jessica)
February 3, 2021	Filing 189 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21 re: Enclosing Sealed Version of Ex. C to the Parties' Joint Status Letter, ECF No. 186-3. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #187 .(Hunter, Jessica)
February 3, 2021	Filing 188 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21 re: Enclosing Sealed Version of the Parties' Joint Status Letter, ECF No. 186. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #187 .(Hunter, Jessica)
February 3, 2021	Filing 187 JOINT LETTER MOTION to Seal Provisionally Portions of the Parties' Joint Status Letter, ECF No. 186, and Certain Exhibits thereto addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
February 3, 2021	Filing 186 JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the February 4, 2021 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit 1).(McInturff, J. Burkett)
February 3, 2021	Filing 185 ORDER granting #179 Letter Motion for Leave to File Excess Pages. The application is GRANTED. Defendants' Motion to Dismiss and Plaintiffs' Opposition, respectively, shall not exceed 30 pages. (Signed by Judge Lorna G. Schofield on 2/2/2021) (cf)
February 2, 2021	Filing 184 ORDER granting #181 Letter Motion to Seal. Per the below, the Court respectfully requests that the Clerk of the Court place the documents filed at ECF No. 182 permanently under seal, limiting access to the Court and the parties. Accordingly, the Clerk of the Court should also terminate the pending motion at ECF No. 181. (Signed by Magistrate Judge Katharine H. Parker on 2/2/2021) (nb)
February 2, 2021	Filing 183 REDACTION of #147 Transcript. (kv)
February 1, 2021	Filing 182 *SELECTED PARTIES* LETTER addressed to Judge Lorna G. Schofield from Michael G. Rhodes dated February 1, 2021 re: Unredacted Version of Noom Inc.s Opposition to Plaintiffs Second Request to Establish Bellwether Proceeding. Document filed by Maryanne Deracleo, Artem Petakov, Elvera Honore, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Geraldine Mahood, Stacy Spencer, Rebecca Richards, Jennifer Sellers, Melissa Cuevas, Alexandra Burwood, Duane Dea. (Attachments: #1 Exhibit A- Email Re Plaintiffs' Application to Amend the Protective Order)Motion or Order to File Under Seal: #181 .(Rhodes, Michael)
February 1, 2021	Filing 181 LETTER MOTION to Seal portions of Nooms Opposition to Plaintiffs Second Request to Establish Bellwether Proceeding. (ECF No. 180). addressed to Judge Lorna G. Schofield from Aarti Reddy dated February 1, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
February 1, 2021	Filing 180 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Michael G. Rhodes dated February 1, 2021 re: #153 LETTER MOTION for Conference Regarding Plaintiffs' Renewed Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. . Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A- Email Re Plaintiffs' Application to Amend the Protective Order).(Rhodes, Michael)
February 1, 2021	Filing 179 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Aarti Reddy dated February 1, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
February 1, 2021	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #178 MOTION for Colin S. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23755954. Motion and supporting papers to be reviewed by Clerk's Office staff., #177 MOTION for Joseph D. Mornin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23754619. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)
January 29, 2021	Filing 178 MOTION for Colin S. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23755954. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Declaration of Colin S. Scott In Support of Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Scott, Colin)
January 29, 2021	Filing 177 MOTION for Joseph D. Mornin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23754619. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Declaration of Joseph D. Mornin In Support of Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Mornin, Joseph)
January 29, 2021	Filing 176 DISCOVERY ORDER: Consistent with the telephonic case management conference held on January 29, 2021 in the above-captioned matter, the parties are directed and advised as follows: The Court has reviewed the parties' extensive submissions with respect to discovery disputes arising out of Plaintiffs' requests for production (the "Requests") and Defendants' related application for a protective order with respect to certain Requests. Indeed, the Court previously ruled on many of these issues. (See ECF No. 145.) Having reviewed additional Requests and considered the parties' positions on those issues, the Court finds that many of Plaintiffs' Requests are not tailored in a manner consistent with Rule 26 and Rule 34 of the Federal Rules insofar as they are overbroad and seek information disproportionate to the needs of the case. Accordingly, the Court grants Defendants' application for a protective order with respect to Request numbers 10, 50, 51, and 57. Moreover, the Court finds that certain Requests should be narrowed. Accordingly, Noom should respond to Request 52 and 53, but only to an extent consistent with the Court's directives made clear at the January 29, 2021 conference. Specifically, with respect to Request number 49, the Court notes that the request is overbroad and that Noom will not be required to produce documents beyond what it is already required to produce in response to Requests 31 and 33. The Court has reviewed the parties' submissions and heard oral argument on Defendant Noom's motion to compel additional responses to the Meyer subpoena. (See ECF No. 141.) For the reasons stated at the January 29 conference, Noom's motion is DENIED. Letter Submissions to the Court The Court reminds the parties that they are to submit a joint letter not to exceed 6 pages in length by 12:00 p.m. on February 3, 2021 outlining any remaining Requests that need to be discussed and the outstanding discovery disputes the parties would like the Court to address. This letter will be in lieu of the letter scheduled for February 2, 2021. (Signed by Magistrate Judge Katharine H. Parker on 1/29/2021) (mro)
January 29, 2021	Filing 175 REDACTION to #142 Letter, Exhibit 3 by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer.(McInturff, J. Burkett)
January 29, 2021	Filing 174 THIRD AMENDED COMPLAINT amending #149 Amended Complaint, against John Does, Noom Inc., Artem Petakov with JURY DEMAND.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. Related document: #149 Amended Complaint,. (Attachments: #1 Order Granting Leave to File).(Wittels, Steven)
January 29, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 1/29/2021. AT&T Conference Line. (ca)
January 28, 2021	NOTICE TO COUNSEL: REMINDER of Telephonic Case Management Conference scheduled for 1/29/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. Please dial (866) 434-5269; access code: 4858267 re: #145 Scheduling.(ca)
January 27, 2021	Filing 173 ORDER granting #154 Letter Motion to Seal. The Clerk of Court is respectfully requested to place ECF No. 155 under seal. (Signed by Magistrate Judge Katharine H. Parker on 1/27/2021) (mro)
January 26, 2021	Filing 172 ORDER granting #168 Letter Motion to Seal. The Clerk of Court is requested to place ECF #142-3 under seal. (Signed by Magistrate Judge Katharine H. Parker on 1/26/2021) (mro)
January 26, 2021	Filing 171 ORDER granting #166 Letter Motion to Seal. The Clerk of Court is requested to place ECF #149 under seal. (Signed by Magistrate Judge Katharine H. Parker on 1/26/2021) (mro)
January 26, 2021	Filing 170 ORDER granting #124 Motion for Benjamin F. Johns to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
January 25, 2021	Filing 169 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 01-25-21 re: Enclosing Sealed Exhibit 3 to Plaintiffs' Pre-Conference Letter, (ECF No. 142-3). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #168 .(Hunter, Jessica)
January 25, 2021	Filing 168 LETTER MOTION to Seal Ex. 3 to Plaintiffs' Pre-Conference Letter, ECF No. 142-3, and for Leave to File Redacted Version addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 01-25-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
January 25, 2021	Filing 167 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 01-25-21 re: enclosing Sealed Version of Plaintiffs' Third Amended Class Action Complaint. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #166 .(Hunter, Jessica)
January 25, 2021	Filing 166 JOINT LETTER MOTION to Seal Plaintiffs' Third Amended Class Action Complaint, ECF No. 149, and Grant Leave to File Redacted Version addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 01-25-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
January 25, 2021	Filing 165 MEMO ENDORSEMENT on re: #161 Response in Opposition to Motion, filed by Artem Petakov, Noom Inc. ENDORSEMENT: By February 1, 2021, Defendants shall file a substantive letter response, not to exceed three single spaced pages, to Plaintiffs' letter motion at Dkt. No. 153. ( Responses due by 2/1/2021) (Signed by Judge Lorna G. Schofield on 1/25/2021) (cf)
January 22, 2021	Filing 164 MEMO ENDORSEMENT on re: #152 Letter filed by Artem Petakov, Noom Inc. ENDORSEMENT: The parties proposed briefing schedule is adopted as an Order of the Court. (Motions due by 2/12/2021., Responses due by 3/12/2021, Replies due by 3/26/2021.) (Signed by Judge Lorna G. Schofield on 1/22/2021) (cf)
January 21, 2021	Filing 163 LETTER addressed to Judge Lorna G. Schofield from Charles Low dated January 21, 2021 re: Defendants letter in support of Plaintiffs January 19, 2021 Letter Motion to Seal Portions of their Letter Motion re Bellwether Process, (ECF No. 154).. Document filed by Noom Inc., Artem Petakov..(Low, Charles)
January 20, 2021	Filing 162 ORDER terminating #150 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 147 should be redacted, but only to the limited extent that Defendants propose. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter by February 4, 2021. The parties are free to appeal to the Court if an additional order granting the redaction request becomes necessary. SO ORDERED.. (Signed by Magistrate Judge Katharine H. Parker on 1/20/2021) (ks)
January 20, 2021	Filing 161 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Michael G. Rhodes dated January 20, 2021 re: #153 LETTER MOTION for Conference Regarding Plaintiffs' Renewed Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. . Document filed by Noom Inc., Artem Petakov..(Rhodes, Michael)
January 20, 2021	Filing 160 ORDER granting #156 Letter Motion to Seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/20/2021) (mro)
January 20, 2021	Filing 159 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 1-20-21 re: Enclosing Sealed Ex 3 to Plaintiffs' Pre-Conference Letter, (ECF No. 142-3). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #156 .(Hunter, Jessica)
January 20, 2021	Filing 158 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 1-20-21 re: Enclosing Sealed Ex 2 to Plaintiffs' Pre-Conference Letter, (ECF No. 142-2). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, John Does, Noom Inc., Susan Brewster, Karen Kelly, Stacy Spencer, Rebecca Richards, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #156 .(Hunter, Jessica)
January 20, 2021	Filing 157 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 1-20-21 re: Enclosing Sealed Ex 1 to Plaintiffs' Pre-Conference Letter, (ECF No. 142-1). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, John Does, Noom Inc., Susan Brewster, Karen Kelly, Stacy Spencer, Rebecca Richards, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #156 .(Hunter, Jessica)
January 20, 2021	Filing 156 LETTER MOTION to Seal Exhibits to Plaintiffs' Pre-Conference Letter (ECF No. 142) addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 1-20-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
January 19, 2021	Filing 155 *SELECTED PARTIES* LETTER addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021 re: Unredacted Version of ECF No. 153. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #154 .(Wittels, Steven)
January 19, 2021	Filing 154 LETTER MOTION to Seal Portions of Plaintiffs' January 19, 2021 Letter Motion (ECF No. 153) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
January 19, 2021	Filing 153 LETTER MOTION for Conference Regarding Plaintiffs' Renewed Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
January 19, 2021	Filing 152 JOINT LETTER addressed to Judge Lorna G. Schofield from Aarti Reddy dated January 19, 2021 re: [Proposed] Briefing Schedule for Motion to Dismiss. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
January 19, 2021	Filing 151 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated January 19, 2021 re: LETTER MOTION to Seal: Defendants Noom, Inc and Artem Petakov letter motion to redact and seal one portion of the January 12, 2021 Hearing Transcript, (ECF No. 147). Document filed by Maryanne Deracleo, Artem Petakov, Elvera Honore, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Geraldine Mahood, Stacy Spencer, Rebecca Richards, Jennifer Sellers, Melissa Cuevas, Alexandra Burwood, Duane Dea. (Attachments: #1 Unredacted January 12, 2021 Hearing Transcript)Motion or Order to File Under Seal: #150 .(Low, Charles)
January 19, 2021	Filing 150 LETTER MOTION to Seal : Defendants Noom, Inc and Artem Petakov letter motion to redact and seal one portion of the January 12, 2021 Hearing Transcript, (ECF No. 147) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated January 19, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Redacted January 12, 2021 Hearing Transcript).(Low, Charles)
January 15, 2021	Filing 149 THIRD AMENDED COMPLAINT amending #88 Amended Complaint, against John Does, Noom Inc., Artem Petakov with JURY DEMAND.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. Related document: #88 Amended Complaint,. (Attachments: #1 Exhibit Order Granting Amendment).(Wittels, Steven)
January 14, 2021	Filing 148 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/12/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
January 14, 2021	Filing 147 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/12/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/14/2021..(rro)
January 13, 2021	Filing 146 ORDER CONCERNING DISCOVERY OF ELECTRONICALLY STORED INFORMATION: Insofar as the parties have not been able to reach full agreement on a protocol for the production of Electronically Stored Information (ESI), the following discovery plan shall govern the search and production of ESI in this matter (the "Discovery Plan" or "Protocol"). The Parties shall cooperate in good faith throughout the matter consistent with the Federal Rules of Civil Procedure, this Order, and the Court's Local Rules and Individual Practices Rules. Nothing in this Discovery Plan shall supersede the provisions of any subsequent Protective Order. The Parties have identified the following sources and categories of ESI that they believe may have relevant information to the Parties' claims or defenses in this matter; as further set forth herein. (Signed by Magistrate Judge Katharine H. Parker on 1/13/2021) (mro)
January 13, 2021	Filing 145 DISCOVERY AND SCHEDULING ORDER: Amended Pleadings due by 1/15/2021. Motion for conditional class certification due by 6/30/2021. Responses due by 8/27/2021 Replies due by 10/22/2021. Fact Discovery due by 12/31/2021. Accordingly, the Court grants Defendants' application for a protective order with respect to Request number 6, 7, 8, 13, 28, 41, 42, and 46. Further, the Court grants Defendants' application for a protective order with respect to Request number 48 insofar as Noom will not be required to produce anything more than what it has already agreed to produce concerning that Request; as further set forth herein. Telephone Conference set for 1/29/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. Counsel for the parties are directed to call the Court's conference line at the scheduled time. Please dial (866) 434-5269; access code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 1/13/2021) (mro)
January 12, 2021	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 1/12/2021. AT&T Conference Line. (ca)
January 11, 2021	NOTICE TO COUNSEL: REMINDER of Telephonic Case Management Conference scheduled for 1/12/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. Please dial (866) 434-5269, Access Code: 4858267 re: #54 Scheduling Order.(ca)
January 8, 2021	Filing 144 LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated January 8, 2021 re: Plaintiffs' Proposed ESI Protocol. Document filed by Mojo Nichols. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Wittels, Steven)
January 8, 2021	Filing 143 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated January 8, 2021 re: Defendants Proposed ESI Protocol (ECF No. 129). Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1-Proposed ESI Protocol, #2 Exhibit 2-Redline Version of ESI Protocol).(Reddy, Aarti)
January 7, 2021	Filing 142 LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated January 7, 2021 re: Plaintiffs' Pre-Conference Letter. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Wittels, Steven)
January 7, 2021	Filing 141 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated January 7, 2021 re: Noom's Discovery Letter. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1-Email Exchange Re Revised ESI Protocol, #2 Exhibit 2-Non-Party Ian Meyers Responses And Objections To Defendant Noom, Inc.s Third-Party Subpoena As Amended).(Reddy, Aarti)
January 7, 2021	Filing 140 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #141) - LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated January 7, 2021 re: Noom's Discovery Letter. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit -1 Email Exchange Regarding Revised ESI Protocol, #2 Exhibit 2-Non-Party Ian Meyers Responses And Objections To Defendant Noom, Inc.s Third-Party Subpoena As Amended).(Reddy, Aarti) Modified on 1/8/2021 (ldi).
January 5, 2021	Filing 139 ORDER: The Clerk of Court is respectfully directed to strike the Order at Dkt. No. 138. (Signed by Judge Lorna G. Schofield on 1/5/2021) (nb)
January 4, 2021	Filing 138 ***STRICKEN DOCUMENT. Document number #138 has been stricken from the case record. The document was stricken from this case pursuant to #139 Order . ORDER. It is hereby ORDERED that, by January 7, 2021, the parties shall file a joint status letter, as outlined in Individual Rule IV.A.2. (Signed by Judge Lorna G. Schofield on 1/4/21) (yv) Modified on 1/5/2021 (nb).
January 4, 2021	NOTICE TO COUNSEL: REMINDER - The next scheduled Case Management Telephone Conference in this matter is scheduled for 1/12/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. Please dial (866) 434-5269, Access Code: 4858267 re: #54 Scheduling Order.(ca)
December 24, 2020	Filing 137 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
December 24, 2020	Filing 136 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/17/2020 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/14/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/24/2021..(Moya, Goretti)
December 24, 2020	Filing 135 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
December 24, 2020	Filing 134 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/17/2020 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/14/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/24/2021..(Moya, Goretti)
December 23, 2020	Filing 133 REDACTION to #132 Order on Motion to Seal,,,,,,, #128 Interrogatories, #126 Letter,, Redacted Copy of Defendants' November 24, 2020 Interrogatory Responses by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer.(Hunter, Jessica)
December 22, 2020	Filing 132 ORDER granting #127 Letter Motion to Seal. The Court, having reviewed the parties' request to seal the entirety of the document submitted at ECF No. 128 in the above-captioned case, grants the request in part. The parties are directed to resubmit the letter previously filed at ECF No. 126 with the following redactions only: The third full sentence in Response to Interrogatory No. 1.1; The last sentence of the second full paragraph in Response to Interrogatory No. 1.1; The entirety of the third (and final) paragraph in Response to Interrogatory No. 1.1; The first sentence in Amended Response to Interrogatory No. 1.1; The entirety of the second (and final) paragraph in Amended Response to Interrogatory No. 1.1; The last sentence in Response to Interrogatory No. 1.4; The last sentence in Amended Response to Interrogatory No. 1.4; The last sentence in Response to Interrogatory No. 1.9; The last sentence in Amended Response to Interrogatory No. 1.9; The bulleted list in Response to Interrogatory No. 3.3; The bulleted list in Amended Response to Interrogatory No. 3.3; and The entirety of Exhibit A. Because the request concerns information exchanged in discovery, there is a lesser right to public access to the information. To the extent the parties include the information approved for redaction in dispositive motions or trial exhibits and wish for the information to remain under seal, they will need to reapply for permission under the standard applicable to judicial documents. In the meantime, the Court respectfully requests that the Clerk of Court seal the document filed at ECF No. 128, limiting access to the parties and the Court. (Signed by Magistrate Judge Katharine H. Parker on 12/22/2020) (mro)
December 18, 2020	Filing 131 LETTER addressed to Judge Lorna G. Schofield from Aarti Reddy dated December 18, 2020 re: Defendants letter in support of Plaintiffs December 15, 2020, Letter Motion to Seal Defendants November 24, 2020, Interrogatory Responses (ECF No. 127).. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
December 17, 2020	Filing 130 ORDER: denying without prejudice to renewal #100 Letter Motion for Leave to File Document; denying without prejudice to renewal #110 Letter Motion for Leave to File Document. ORDERED that, for the reasons discussed at the conference, Plaintiffs' request is DENIED without prejudice to renew at a time closer to the end of discovery. If Plaintiffs choose to renew their request, they shall file a new letter motion not to exceed three single spaced pages. It is further ORDERED that, within three business days of Judge Parker's decision on Plaintiffs' anticipated motion for leave to replead, the parties shall file a joint proposed briefing schedule for any motion to dismiss. The filing of the opposition to any such motion must be filed no later than four weeks after the filing of the motion. Any reply must be filed no later than two weeks after the filing of the opposition. The parties are free to shorten the time for briefing in their proposed schedule. The parties are reminded to comply with the Court's Individual Rules applicable to motions. The Clerk of Court is respectfully directed to close the open motions at Dkt. Nos. 100 and 110. (Signed by Judge Lorna G. Schofield on 12/17/2020) (ama)
December 17, 2020	Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 12/17/2020. (Court Reporter Present) (jcs)
December 15, 2020	Filing 129 MEMO ENDORSEMENT on re: #125 Letter, filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: The parties have until January 8, 2021 to submit a proposed ESI protocol with the Court. If the parties have not come to an agreement by that date, the Court will enter its own order. (Signed by Magistrate Judge Katharine H. Parker on 12/15/2020) (rro)
December 15, 2020	Filing 128 *SELECTED PARTIES*FIRST SET OF INTERROGATORIES to Defendants.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov.Motion or Order to File Under Seal: #127 .(Wittels, Steven)
December 15, 2020	Filing 127 LETTER MOTION to Seal Defendants' November 24, 2020 Interrogatory Responses addressed to Judge Lorna G. Schofield from Steven L. Wittels dated December 15, 2020. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
December 15, 2020	Filing 126 LETTER addressed to Judge Lorna G. Schofield from Steven L. Wittels dated December 15, 2020 re: Enclosing Discovery that Contains Limited Data Plaintiffs Seek to Discuss with Your Honor in Connection with the December 17 Conference on Plaintiffs' Application for a Bellwether Process. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 (Redacted Version of Defendants' Nov. 24 Interrogatory Responses)).(Wittels, Steven)
December 15, 2020	Filing 125 LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated December 15, 2020 re: Advising the Court of Plaintiffs' Proposed ESI Protocol Revisions and Requesting That the Court Not Endorse the Proposed ESI Protocol Defendants Submitted Without Plaintiffs' Approval. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
December 15, 2020	Filing 124 MOTION for Benjamin F. Johns to Appear Pro Hac Vice ANYSDC-23039609 $200.00 . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Geraldine Mahood. (Attachments: #1 Affidavit of Benjamin F. Johns, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Johns, Benjamin) Modified on 12/15/2020 (bcu).
December 15, 2020	>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #124 MOTION for Benjamin F. Johns to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)
December 14, 2020	Filing 123 INFORMAL DISCOVERY ORDER: The Court having considered the positions of the parties, IT IS HEREBY ORDERED that Plaintiffs and Defendants will conduct all informal discovery in this matter according to the following protocol: Any subpoenas issued in this matter shall be in compliance with the notice requirements set forth in Federal Rule of Civil Procedure Rule 45. Plaintiffs may conduct informal discovery with former Noom employees and independent contractors whose contract has expired ("Former Employees") who are not represented by counsel. All witnesses who are represented by counsel shall be contacted solely through counsel and further set forth in this Order. (Signed by Magistrate Judge Katharine H. Parker on 12/14/2020) (rro)
December 10, 2020	Filing 122 MEMO ENDORSEMENT on re: #105 Letter, filed by Artem Petakov, Noom Inc. ENDORSEMENT: Having reviewed the parties' submissions, the Court hereby grants Noom's request to use Google Vault to export all email attachments, to the extent possible, during discovery in this case. This practice is the industry standard. To the extent that hyperlinks are not exportable via Google Vault, those hyperlinks are not attachments. However, to the extent there is a specific document with a hyperlink that is material to a claim or defense, and to the extent Plaintiffs cannot obtain the document through copying the link in their Internet brower, Plaintiffs may raise the issue with the Court. (Signed by Magistrate Judge Katharine H. Parker on 12/10/2020) (mro)
December 8, 2020	Filing 121 ORDER granting #118 Letter Motion to Seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/8/2020) (mro)
December 7, 2020	Filing 120 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated December 7, 2020 re: Outline of Agenda and Discovery Issues Parties Wish to Address at The December 10, 2020 Conference.. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A_Mahood v. Noom - Notice of Third Party Subpoenas, #2 Exhibit B_Noom Slack Channel Listing and ESI Repository Catalog, #3 Exhibit C_Nichols et al. v. Noom Inc. et al - Deficiencies in Noom's Fourth Production, #4 Exhibit D_Revised ESI Protocol, #5 Exhibit E_Revised ESI Protocol).(Reddy, Aarti)
December 7, 2020	Filing 119 *SELECTED PARTIES*CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 12-07-2020 re: Enclosing Sealed Ex A to Plaintiffs' Sedona Conference Tracking Chart, ECF No. 115-1. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #118 .(Hunter, Jessica)
December 7, 2020	Filing 118 LETTER MOTION to Seal Noom's Legal Preservation Notice, Ex A to Plaintiffs' Sedona Conference Tracking Chart (Unopposed) addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 12-07-2020. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
December 7, 2020	Filing 117 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Aarti Reddy dated December 7, 2020 re: #110 LETTER MOTION for Leave to File Pre-Motion Conference Regarding Plaintiffs' Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated November 25, 2020. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
December 3, 2020	Filing 116 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated December 3, 2020 re: Nooms Proposed RFP Chart Ordered by the Court and Response to Plaintiffs Letter (ECF No. 115). Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Noom's Proposed RFP Chart).(Reddy, Aarti)
December 3, 2020	Filing 115 LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 12-03-2020 re: Plaintiffs' Version of the Sedona Conference RFP Tracking Chart Pursuant to ECF No. 94. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 - Plaintiffs' Version of the Sedona Conference RFP Tracking Chart, #2 Exhibit A to Exhibit 1 - Slip Sheet for Defs' Litigation Hold).(McInturff, J. Burkett)
December 2, 2020	Filing 114 MEMO ENDORSEMENT on re: #112 Letter, filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: The parties shall attend a telephonic conference on December 17, 2020, at 10:30 A.M. to discuss Defendants' request to file a motion to dismiss and Plaintiffs' request to implement a "bellwether" process. The parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. SO ORDERED. (Telephone Conference set for 12/17/2020 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/2/2020) (jca)
December 1, 2020	Filing 113 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Steve L Wittels dated 12-1-2020 re: Competing Versions of Confidentiality Stipulation and Proposed Orders. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Duane Dea, Maryanne Deracleo, Elvera Honore, Karen Kelly. (Attachments: #1 Exhibit Plaintiffs' Proposed Stipulation, #2 Exhibit Correspondence, #3 Exhibit Defendants' Proposed Stipulation).(Wittels, Steven)
December 1, 2020	Filing 112 LETTER addressed to Judge Lorna G. Schofield from Tiasha Palikovic dated 12-01-2020 re: Pls.' Response to Defs.' Letter Motion for Leave to File Motion to Dismiss (ECF 100). Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Palikovic, Tiasha)
November 30, 2020	Filing 111 MEMO ENDORSEMENT on re: #110 LETTER MOTION for Leave to File Pre-Motion Conference Regarding Plaintiffs' Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated November 25, 2020. filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: By December 7, 2020, Defendants shall file on ECF a response to this pre-motion letter not to exceed 3 single spaced pages. ( Responses due by 12/7/2020) (Signed by Judge Lorna G. Schofield on 11/30/2020) (cf)
November 25, 2020	Filing 110 LETTER MOTION for Leave to File Pre-Motion Conference Regarding Plaintiffs' Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated November 25, 2020. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
November 25, 2020	Filing 109 ORDER granting #108 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/25/2020) (mro)
November 24, 2020	Filing 108 JOINT LETTER MOTION for Extension of Time to File Joint Confidentiality Stipulation governing informal discovery involving former employees addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 11/24/2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Duane Dea, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
November 23, 2020	Filing 107 MEMO ENDORSEMENT on re: #103 JOINT LETTER MOTION for Extension of Time to File chart reflecting outstanding disputes regarding Plaintiffs Amended Requests for Production addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated November 20, 2020 filed by Artem Petakov, Noom Inc. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/23/2020) (mro)
November 20, 2020	Filing 106 ORDER granting #103 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/20/2020) (mro)
November 20, 2020	Filing 105 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated November 20, 2020 re: Joint Letter Brief Regarding Email Collection Per Court Order ECF 94. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Sims Declaration in Support of Letter Brief, #2 Exhibit B-Ciaramitaro Declaration).(Reddy, Aarti)
November 20, 2020	Filing 104 ORDER denying as moot #60 Motion to Dismiss for Lack of Jurisdiction (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)
November 20, 2020	Filing 103 JOINT LETTER MOTION for Extension of Time to File chart reflecting outstanding disputes regarding Plaintiffs Amended Requests for Production addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated November 20, 2020. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
November 20, 2020	Filing 102 NOTICE OF APPEARANCE by Jessica Hunter on behalf of Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)
November 20, 2020	Filing 101 ORDER with respect to #100 Motion for Leave to File Document. By December 1, 2020, Plaintiffs shall file a response to this letter not to exceed 3 single spaced pages. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/20/2020) (kv)
November 20, 2020	Set/Reset Deadlines: Responses due by 12/1/2020 (kv)
November 19, 2020	Filing 100 LETTER MOTION for Leave to File Motion to Dismiss/ Defendants Pre-Motion Letter Requesting Leave to File Motion to Dismiss Second Amended Complaint addressed to Judge Lorna G. Schofield from Aarti Reddy dated November 19, 2020. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)
November 15, 2020	Filing 99 MEMO ENDORSEMENT on re: #98 Letter filed by Noom Inc. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/15/2020) (mro)
November 13, 2020	Filing 98 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated November 13, 2020 re: Court Order ECF 94. Document filed by Noom Inc...(Reddy, Aarti)
November 13, 2020	Filing 97 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote case management conference proceeding held on 11/10/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
November 13, 2020	Filing 96 TRANSCRIPT of Proceedings re: remote case management conference held on 11/10/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/11/2021..(rro)
November 12, 2020	Filing 95 WAIVER OF SERVICE RETURNED EXECUTED. Artem Petakov waiver sent on 11/9/2020, answer due 1/8/2021. Document filed by Maryanne Deracleo; Mojo Nichols; Susan Brewster; Karen Kelly; Rebecca Richards; Stacy Spencer; Jennifer Sellers; Duane Dea..(Wittels, Steven)
November 10, 2020	Filing 94 DISCOVERY ORDER: Consistent with the telephonic case management conference held today-November 10, 2020-in the above-captioned matter, the parties are directed as follows: The parties raised a dispute with respect to the eDiscovery platform and/or vendor that Defendant Noom should use to export electronic data to a review platform. Defendant proposes using Google Vault. Plaintiffs have raised concerns that Google Vault does not export certain metadata categories that they require. The parties shall meet and confer on this issue and file a joint letter on ECF by Friday, November 13, 2020 updating the Court as to whether the issue has been resolved or, alternatively, setting forth the issue for resolution by the Court. Each side will be permitted no more than 2 pages to set forth its position in the letter; as further set forth herein. The Court hereby extends the Plaintiffs' time to respond to the outstanding subpoena to non-party Meyer until December 15, 2020. Before that deadline, counsel for both parties are directed to meet and confer in order to narrow the scope of the subpoena demands, to the extent appropriate, given the needs of the case. (Signed by Magistrate Judge Katharine H. Parker on 11/10/2020) (mro)
November 10, 2020	Filing 93 NOTICE of VOLUNTARY DISMISSAL WITHOUT PREJUDICE pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, by Plaintiffs Mahood, Burwood, Cuevas, and Honore against Defendant Noom, Inc. Document filed by Alexandra Burwood, Melissa Cuevas, Elvera Honore, Geraldine Mahood..(Wittels, Steven)
November 10, 2020	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 11/10/2020. AT&T Conference Line. (ca)
November 9, 2020	Filing 92 ELECTRONIC SUMMONS ISSUED as to Artem Petakov..(pc)
November 9, 2020	NOTICE TO COUNSEL: REMINDER of Telephonic Case Management Conference scheduled for 11/10/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker. Counsel is directed to call into Judge Parker's AT&T Conference Line at 10:00 AM.Please dial (866)434-5269, Access Code: 4858267 re: #54 Scheduling Order.(ca)
November 6, 2020	Filing 91 EXHIBIT TO PLEADING re: #88 Amended Complaint,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, Partial Transcript of October 26, 2020 Proceeding).(Wittels, Steven)
November 5, 2020	Filing 90 JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the November 10, 2020 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)
November 5, 2020	Filing 89 REQUEST FOR ISSUANCE OF SUMMONS as to Artem Petakov, re: #88 Amended Complaint,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)
November 5, 2020	Filing 88 SECOND AMENDED COMPLAINT amending #23 Amended Complaint, against Noom Inc., Artem Petakov, John Does with JURY DEMAND.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Jennifer Sellers, Duane Dea, Stacy Spencer. Related document: #23 Amended Complaint,..(Wittels, Steven) Modified on 11/6/2020 (pc). Modified on 11/9/2020 (pc).
October 29, 2020	Filing 87 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 10/26/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)
October 29, 2020	Filing 86 TRANSCRIPT of Proceedings re: Telephone Conference held on 10/26/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/27/2021..(rro)
October 26, 2020	Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 10/26/2020. AT&T Conference Line. (ca)
October 26, 2020	Filing 85 ORDER SCHEDULING CASE MANAGEMENT CONFERENCES: A series of telephonic Case Management conferences in this matter are hereby scheduled for the following dates. The parties shall file a joint status letter that includes agenda items three business days in advance of each conference. The letters shall be no more than five pages in length. Counsel is directed to call into the court conference line at the scheduled times. Please dial (866) 434-5269 Code: 4858267. Thursday, February 4, 2021 at 10:00 a.m.; Thursday, March 4, 2021 at 10:00 a.m.; Thursday, April 8, 2021 at 10:00 a.m.; Thursday, May 13, 2021 at 10:00 a.m.; Thursday, June 3, 2021 at 10:00 a.m.;Thursday, July 1, 2021 at 10:00 a.m.; Thursday, August 5, 2021 at 10:00 a.m.; Thursday, September 2, 2021 at 10:00 a.m.; Thursday, October 14, 2021 at 10:00 a.m.; Thursday, November 4, 2021 at 10:00 a.m.; Thursday, December 2. 2021 at 10:00 a.m. Telephone Conference set for 2/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 3/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 4/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 5/13/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 6/3/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 7/1/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 8/5/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 9/2/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 10/14/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 11/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 12/2/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/26/2020) (mro) Modified on 10/26/2020 (ca). Modified on 10/26/2020 (ca). (Main Document 85 replaced on 10/26/2020) (ca). Modified on 1/4/2021 (ca).
October 22, 2020	Filing 84 ORDER granting #83 Letter Motion to Continue. The application is GRANTED. The Order at Dkt. 42 setting the briefing schedule for a motion to dismiss is vacated. (Signed by Judge Lorna G. Schofield on 10/22/2020) (cf)
October 21, 2020	Filing 83 LETTER MOTION to Continue and Vacate Briefing Schedule (ECF No. 42) on Defendants Pending Dismissal Motion (ECF No. 60) because of Plaintiffs Forthcoming Amended Complaint addressed to Judge Lorna G. Schofield from J. Burkett McInturff dated October 21, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)
October 21, 2020	Filing 82 ORDER granting #77 Letter Motion to Seal. Defendant's Motion to Temporarily Seal is GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 10/21/2020) (mro)
October 21, 2020	Filing 81 NOTICE OF APPEARANCE by Steven Dana Cohen on behalf of Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(Cohen, Steven)
October 21, 2020	Filing 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote case management conference proceeding held on 10/16/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro)
October 21, 2020	Filing 79 TRANSCRIPT of Proceedings re: remote case management conference held on 10/16/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/19/2021..(rro)
October 21, 2020	***SEALED DOCUMENT. SEALED document number 72 Transcript. This document has been sealed by Chambers as per Judge Parker's order ECF #82. (ca)
October 20, 2020	Filing 78 *SELECTED PARTIES* LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated October 20, 2020 re: 77 SECOND LETTER MOTION to Seal and redact designated portions of October 13, 2020 Hearing Transcript. Document filed by Maryanne Deracleo, Elvera Honore, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Geraldine Mahood, Rebecca Richards, Jennifer Sellers, Melissa Cuevas, Alexandra Burwood. (Attachments: #1 Proposed Redactions of October 13, 2020 Hearing Transcript before Magistrate Judge Katharine H. Parker)Motion or Order to File Under Seal: #77 .(Low, Charles)
October 20, 2020	Filing 77 SECOND LETTER MOTION to Seal and redact designated portions of October 13, 2020 Hearing Transcript addressed to Magistrate Judge Katharine H. Parker from Charles Low dated October 20, 2020. Document filed by Noom Inc...(Low, Charles)
October 20, 2020	***SEALED DOCUMENT. SEALED document number 65 Letter. The document was SEALED by Chambers as per Judge Parker's Text Only Order. (ca)

July 12, 2022

Filing 519 OPINION AND ORDER: For the foregoing reasons, this Court certifies the Class for purposes of settlement and approves the terms and conditions of the Settlement Agreement subject to it being fully funded by Defendant. The Gross Settlement Fund for payment to Class Members is $56,000,000. Plaintiffs' requests for (1) service awards totaling $135,000; and (2) $18,666,666 in attorneys' fees are GRANTED. Thus, the Court approves awards, totaling $18,801,666 which are to be deducted from the Gross Settlement Fund amount of $56,000,000. The parties shall proceed with the administration of the settlement in accordance with the terms of the Settlement Agreement. This action is dismissed with prejudice. The Clerk of Court is directed to terminate the case. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/12/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.

July 12, 2022

Filing 518 ORDER AND FINAL JUDGMENT: (1) CONFIRMING CERTIFICATION OF CLASS; (2) GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT; AND (3) ENTERING FINAL JUDGMENT AND DISMISSAL WITH PREJUDICE: IT IS HEREBY ORDERED AND ADJUDGED as follows: 1. For purposes of this Order and Final Judgment (the "Judgment"), the Court adopts all defined terms as set forth in the Settlement Agreement. 2. This Court has jurisdiction over the subject matter of the Action and all parties to the Action, including all members of the Class pursuant to 28 U.S.C. 1332(d) because the amount in controversy exceeds $5,000,000, exclusive of interest and costs, and at least one Class Member is a citizen of a state different from Defendants. 3. With respect to the Class and for settlement purposes only, this Court finds as to the Class that: a. the Class is so numerous that joinder of all members is impracticable; b. there are questions of law or fact common to the Class; as further set forth herein. 4. For settlement purposes only, the Court certifies the following class under Rule 23(e): 5. All natural persons who purchased a Noom Healthy Weight Subscription in the United States via the Noom website or mobile app from May 12, 2016 to October 6, 2020 and who (i) were charged by Noom for a Healthy Weight Subscription and (ii) did not receive a full refund or chargeback of all Noom Healthy Weight Subscription charges. For the avoidance of doubt, persons who purchased a Noom Healthy Weight Subscription via the Apple App Store or Google Play Store are excluded from the Class. The following entities and individuals are not Class Members, as further set forth herein. 6. Pursuant to Rule 23(c)(3), all persons within the Class, other than those excluded above, are bound by this Judgment. 7. Based on the evidence and other material submitted in conjunction with the Fairness Hearing, the Court hereby finds and concludes that notice was disseminated to the Class in accordance with the Settlement Agreement and the Court's Preliminary Approval Order. 8. The Court finds and concludes that the Notice and all other aspects of the Notice Plan, exclusion, and objection procedures set forth in the Settlement Agreement fully satisfy Rule 23 and the requirements of due process; and were the best practicable under the circumstances. 9. There were no objections to the Settlement, and 8 Class Members requested to opt out of the Settlement. 10. The Court finds that the Settlement Agreement is the product of arm's length settlement negotiations between the Parties. 11. The Court finds and concludes that, with respect to the Class, the Settlement meets the criteria for final approval set forth in Rule 23(e)(2) and the City of Detroit v. Grinnell Corporation, 495 F.2d 448 (2d Cir. 1974), and that the Settlement is fair, reasonable, and adequate, and should be approved. 12. The Court hereby approves the Settlement and directs the Parties to consummate the Settlement Agreement according to its terms. The Settlement Agreement's terms, including the releases therein, are fair, just, reasonable, and adequate. Upon the Effective Date, all released claims are fully, finally, and forever released, relinquished, and discharged. The Parties shall abide by all terms of the Settlement Agreement, which are incorporated herein, and this Judgment. Without further order of the Court, the Parties may agree to reasonably necessary extensions of time to carry out any of the provisions of the Settlement Agreement and to make other non-material modifications in implementing the Settlement Agreement that are not inconsistent with this Judgment. 13. The Parties are to bear their own attorneys' fees and costs, except as otherwise expressly provided in the Settlement Agreement and in this Judgment. 14. Upon consideration of Class Counsel's request for Service Awards to the individuals that materially assisted in the prosecution of this matter, the request is granted. The Service Awards shall be paid from the Settlement fund in the amount requested and on terms specified in Settlement Agreement. 15. Upon consideration of Class Counsel's request for an award of fees and costs, the request is granted. Class Counsel's fees and expenses shall be paid from the Settlement fund in the amount requested and on terms specified in Settlement Agreement. 16. This Action is hereby dismissed on the merits and with prejudice. The Action is closed. Without affecting the finality of this Judgment in any way, the Court hereby retains exclusive jurisdiction, to the extent necessary, to resolve any disputes under the Settlement Agreement or to effectuate the terms of the Settlement Agreement. 17. This document is a final, appealable order and shall constitute a judgment for purposes of Rules 54 and 58 of the Federal Rules of Civil Procedure. IT IS SO ORDERED. Motions terminated: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. (Signed by Magistrate Judge Katharine H. Parker on 7/12/2022) (vfr) Transmission to Finance Unit (Cashiers) for processing.

July 12, 2022

Case Stay Lifted. (vfr)

July 12, 2022

Terminate Transcript Deadlines (vfr)

July 11, 2022

Filing 517 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker - Courtroom 17D: Approval Hearing of Settlement held on 7/11/2022 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)

July 8, 2022

NOTICE TO COUNSEL: REMINDER of the Final Approval Hearing scheduled for July 11, 2022 at 10:00 A.M. before Judge Katharine H. Parker in Courtroom 17-D, United Stated Courthouse, 500 Pearl Street, New York, NY 10007 re: #500 Order.(ca)

July 7, 2022

Filing 516 MEMO ENDORSEMENT on re: #515 Letter Unopposed Remote Appearance Request at Final Approval and Status Conference Hearing filed by Artem Petakov, Noom Inc. ENDORSEMENT: APPLICATION GRANTED: Counsel is directed to email chambers with a telephone number where they can be connected to the conference on Monday, July 11, 2022 at 10:00 a.m. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 7/7/22) (yv)

July 6, 2022

Filing 515 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 6, 2022 re: Unopposed Remote Appearance Request at Final Approval and Status Conference Hearing. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

July 6, 2022

Filing 514 CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 7-6-22 re: Final Update on Rule 23 Notice Campaign in Advance of Hearing. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

June 30, 2022

Filing 513 LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-21-22 re: Requesting Approval of Plaintiffs' Cy Pres Recipient Designations. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B).(McInturff, J. Burkett)

June 30, 2022

***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney J. Burkett McInturff to RE-FILE Document #512 MOTION to Approve Plaintiffs' Designation of Cy Pres Recipients . Use the event type Letter found under the event list Other Documents. (db)

June 21, 2022

Filing 512 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Approve Plaintiffs' Designation of Cy Pres Recipients . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B).(McInturff, J. Burkett) Modified on 6/30/2022 (db).

June 21, 2022

Filing 511 DECLARATION of Denise Earle (on behalf of Settlement Administrator Angeion Group) in Support of Notice Compliance. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O).(Wittels, Steven)

June 10, 2022

Filing 510 DECLARATION of Professor Charles Silver in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

June 10, 2022

Filing 509 DECLARATION of Alan R. Plutzik in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Wittels, Steven)

June 10, 2022

Filing 508 DECLARATION of Benjamin F. Johns in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(Wittels, Steven)

June 10, 2022

Filing 507 DECLARATION of Steven L. Wittels in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Text of Proposed Order (Exhibit A), #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(Wittels, Steven)

June 10, 2022

Filing 506 MEMORANDUM OF LAW in Support re: #505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

June 10, 2022

Filing 505 MOTION for Settlement Plaintiffs' Unopposed Motion for Final Approval of the Class Action Settlement and Related Relief. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

June 7, 2022

Filing 504 ORDER granting #503 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/7/2022) (vfr)

June 6, 2022

Filing 503 LETTER MOTION for Leave to File Excess Pages in Support of Plaintiffs' Forthcoming Final Approval Motion (Unopposed) addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated June 6, 2022. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

April 7, 2022

Filing 502 ORDER granting #498 Letter Motion to Seal (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

March 30, 2022

Filing 501 ORDER granting #492 Letter Motion to Seal (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

February 23, 2022

Filing 500 ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR PRELIMINARY APPROVAL OF THE CLASS ACTION SETTLEMENT, PROVISIONAL CERTIFICATION OF THE SETTLEMENT CLASS, APPOINTMENT OF CLASS COUNSEL AND CLASS REPRESENTATIVES, AND APPROVAL OF THE NOTICE PLAN AND RELATED PROCEDURES granting #494 Motion for Settlement. NOW THEREFORE, THE COURT HEREBY FINDS AND ORDERS AS FOLLOWS: Unless otherwise defined herein, all capitalized terms herein shall have the same definitions as set forth in the Settlement Agreement between Defendants Noom, Inc. and Artem Petakov ("Noom") and Plaintiffs Mojo Nichols, Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Rebecca Richards, Jennifer Sellers, and Stacy Spencer ("Plaintiffs") (collectively, the "Parties"). This Court has jurisdiction over the subject matter of the Action and all parties to the Action, including members of the Class. The Court finds that, subject to further consideration at the Final Approval Hearing, the Settlement is fair, reasonable, adequate, and that the Court will likely be able to approve the Settlement under Rule 23(e)(2) and certify the class for purposes of judgment on the Settlement, as further set forth in this Order. The Court likewise preliminarily finds that the Settlement meets all applicable requirements of law, including Rule 23(e) and the Class Action Fairness Act, 28 U.S.C. 1715; that the relief provided to the Class is adequate; that Plaintiffs and Plaintiffs' counsel have adequately represented the class; and that the Settlement treats Class Members equitably relative to each other. The Court therefore grants preliminary approval of the Settlement, including the terms and conditions for settlement and dismissal as set forth in the Settlement Agreement and accompanying Exhibits, and "so orders" all of its terms. The Court preliminarily finds only for settlement purposes that Plaintiffs have met the requirements for class certification under Rules 23(a) and (b) and finds that: a. the Class is so numerous that joinder of all members is impracticable; b. there are questions of law or fact common to the Class; as further set forth in this Order. For settlement purposes only, the Court provisionally certifies the following class under Rule 23(e): All natural persons who purchased a Noom Healthy Weight Subscription in the United States via the Noom website or mobile app from May 12, 2016 to October 6, 2020 and who (i) were charged by Noom for a Healthy Weight Subscription and (ii) did not receive a full refund or chargeback of all Noom Healthy Weight Subscription charges. For the avoidance of doubt, persons who purchased a Noom Healthy Weight Subscription via the Apple App Store or Google Play Store are excluded from the Class, as further set forth in this Order. The Court appoints Plaintiffs as Class Representatives. The Court finds that Plaintiffs' counsel meet the requirements of Rule 23(g) and appoints Steven Wittels, J. Burkett McInturff, Tiasha Palikovic, Steven D. Cohen, Susan J. Russell, Jessica L. Hunter, and Ethan D. Roman of Wittels McInturff Palikovic as Class Counsel. Angeion Group is authorized to establish a Qualified Settlement Fund ("QSF") for federal tax purposes pursuant to Treas. Reg. 1.468B-1. Noom shall be the "transferor" to the QSF within the meaning of Section 1.468B-1(d)(1) of the Treasury Regulations with respect to the Settlement Fund, as further set forth in this Order. A Final Approval Hearing is scheduled for July 11, 2022 at 10:00 A.M. in Courtroom 17-D, United Stated Courthouse, 500 Pearl Street, New York, NY 10007, as further set forth herein. On January 25, 2022, the Court entered a six-month stay of all Court deadlines (ECF No. 486). All proceedings in this Action are stayed until further ordered by this Court, except as may be necessary to implement the Settlement or comply with the terms of the Settlement Agreement, as further set forth herein. If the Settlement is not approved or consummated for any reason whatsoever, the Settlement and all proceedings in connection with the Settlement will be without prejudice to the right of the Parties to assert any right or position that could have been asserted if the Settlement Agreement had never been reached or proposed to the Court, except insofar as the Settlement Agreement provides to the contrary. In such an event, the certification of the Class will be deemed vacated. By entering this Order, the Court does not make any determination as to the merits of this case. Preliminary approval of the Settlement Agreement is not a finding of admission or liability by Defendants. The Court adopts the limitations on the admissibility of the Settlement Agreement as set forth therein. The Court retains jurisdiction over the Action to consider all further matters arising out of, or connected to, the Settlement and the settlement process as described therein and/or permitted under applicable law. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 2/23/2022) (vfr)

February 23, 2022

Set/Reset Hearings: Status Conference set for 7/11/2022 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. (vfr)

February 15, 2022

Filing 499 ***SELECTED PARTIES***DECLARATION of Eli Bartov, Ph.D. in Support re: #494 MOTION for Settlement Plaintiffs' Notice of Motion for Preliminary Approval of the Class Action Settlement and Related Relief.. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. Motion or Order to File Under Seal: #498 .(McInturff, J. Burkett)

February 15, 2022

Filing 498 LETTER MOTION to Seal /Redact Limited Portions of Bartov Declaration, ECF No. 496-2, (unopposed) addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff and Aarti Reddy dated 2-15-22. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

February 11, 2022

Filing 497 CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated February 11, 2022 re: Preliminary Approval Briefing and Settlement Logistics. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Text of Proposed Order).(Wittels, Steven)

February 11, 2022

Filing 496 DECLARATION of Steven L. Wittles in Support re: #494 MOTION for Settlement Plaintiffs' Notice of Motion for Preliminary Approval of the Class Action Settlement and Related Relief.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A (Settlement Agreement), #2 Exhibit B (Bartov Declaration), #3 Exhibit C (WMP Firm Resume)).(Wittels, Steven)

February 11, 2022

Filing 495 MEMORANDUM OF LAW in Support re: #494 MOTION for Settlement Plaintiffs' Notice of Motion for Preliminary Approval of the Class Action Settlement and Related Relief. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

February 11, 2022

Filing 494 MOTION for Settlement Plaintiffs' Notice of Motion for Preliminary Approval of the Class Action Settlement and Related Relief. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

February 11, 2022

Filing 493 ***SELECTED PARTIES***FOURTH AMENDED COMPLAINT amending #174 Amended Complaint, #490 Amended Complaint, against Artem Petakov, John Does, Noom Inc. with JURY DEMAND.Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. Related document: #174 Amended Complaint, #490 Amended Complaint,.Motion or Order to File Under Seal: #492 .(Hunter, Jessica)

February 11, 2022

Filing 492 JOINT LETTER MOTION to Seal /Redact Limited Portions of Plaintiffs' Fourth Amended Complaint, ECF No. 490 addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter and Aarti Reddy dated 2-11-22. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

February 11, 2022

Filing 491 EXHIBIT TO PLEADING re: #490 Amended Complaint,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

February 11, 2022

Filing 490 FOURTH AMENDED COMPLAINT amending #174 Amended Complaint, against John Does, Noom Inc., Artem Petakov with JURY DEMAND.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. Related document: #174 Amended Complaint,..(Wittels, Steven)

February 10, 2022

Filing 489 NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Susan Brewster, Duane Dea, Maryanne Deracleo, John Does, Karen Kelly, Mojo Nichols, Noom Inc., Artem Petakov, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. (Signed by Judge Lorna G. Schofield on 2/10/2022).(ate)

February 10, 2022

Filing 488 ORDER granting #487 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/10/2022) (vfr)

February 10, 2022

Filing 487 CONSENT LETTER MOTION for Leave to File Excess Pages on Plaintiffs' Forthcoming Unopposed Motion for Preliminary Approval of The Class Action Settlement and Related Relief addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated February 10, 2022. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

January 25, 2022

Filing 486 ORDER. The parties having reached a settlement in principle, the stay in discovery is hereby extended for 6 months. All scheduled case management conferences are adjourned sine die. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)

January 21, 2022

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 1/21/2022. (ca)

January 20, 2022

NOTICE TO COUNSEL: ***TIME CHANGE*** The Settlement Conference in this matter scheduled for Friday, January 21, 2022 will now begin at 2:45 P.M. The Parties' should call into the court conference line at (866) 434-5269 Code: 4858267 at the scheduled time. A security code has been emailed to counsel by chambers for his proceeding. re: #485 Order.(ca)

January 6, 2022

Filing 485 ORDER CONVERTING SETTLEMENT CONFERENCE TO TELEPHONIC: The Settlement Conference in this matter scheduled for Friday, January 21, 2022 at 10:00 a.m. is hereby converted to a telephonic conference. The Parties' should call into the court conference line at (866) 434-5269 Code: 4858267 at the scheduled time. A security code will be emailed to counsel by chambers for his proceeding. SO ORDERED. ( Telephone Conference set for 1/21/2022 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 1/6/2022) (vfr)

January 5, 2022

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 1/5/2022. (ca)

December 17, 2021

Filing 484 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Wednesday, January 5, 2022 at 5:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 1/5/2022 at 5:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/17/2021) (vfr)

December 17, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 12/17/2021. (ca)

December 10, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 12/10/2021. (ca)

December 10, 2021

Filing 483 SCHEDULING ORDER:Telephonic Settlement Status Conference set for 12/17/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker. The parties shall utilize the same ATT number and security code as today's conference. In-person Settlement Conference set for 1/21/2022 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. Discovery stay extended to 1/21/2022. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)

December 3, 2021

Filing 482 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Friday, December 10, 2021 at 12:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 12/10/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 12/3/2021) (vfr)

December 3, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 12/3/2021. (ca)

December 1, 2021

Filing 481 ORDER GRANTING MOTIONS TO SEAL granting #369 Letter Motion to Seal; granting #389 Letter Motion to Seal; granting #404 Letter Motion to Seal; granting #416 Letter Motion to Seal; granting #420 Letter Motion to Seal; granting #423 Letter Motion to Seal; granting #426 Letter Motion to Seal; granting #439 Letter Motion to Seal; granting #443 Letter Motion to Seal; granting #453 Letter Motion to Seal; granting #457 Letter Motion to Seal; granting #461 Letter Motion to Seal. The Court respectfully requests that the Clerk of Court Grant following open motions to seal on ECF above-captioned case: ECF # 369, 389, 404, 416, 420, 423, 426, 439, 443, 453, 457 and 461. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/1/2021) (vfr)

November 22, 2021

Filing 480 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Friday, December 3, 2021 at 12:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 12/3/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/22/2021) (vfr)

November 22, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 11/22/2021. (ca)

November 15, 2021

Filing 479 ORDER granting #478 Letter Motion to Stay re: #478 JOINT LETTER MOTION to Stay re: 465 Order Joint Request for 30-day Extension of Stay addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 11-15-21. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/15/2021) (vfr)

November 15, 2021

Filing 478 JOINT LETTER MOTION to Stay re: 465 Order Joint Request for 30-day Extension of Stay addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 11-15-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

November 15, 2021

Case Stayed (vfr)

November 15, 2021

Terminate Transcript Deadlines. (vfr)

November 10, 2021

Filing 477 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Monday, November 22, 2021 at 11:00 a.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 11/22/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/10/2021) (vfr)

November 10, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Telephone Conference held on 11/10/2021. (ca)

November 4, 2021

Filing 476 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Wednesday, November 10, 2021 at 12:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 11/10/2021 at 12:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 11/4/2021) (vfr)

October 27, 2021

Filing 475 ORDER ADJOURNING CASE MANAGEMENT CONFERENCES: The Case Management Conferences in this matter currently scheduled for November 4, 2021 and December 2, 2021 are hereby adjourned. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/27/2021) (vfr)

October 9, 2021

Filing 474 ORDER ADJOURNING CASE MANAGEMENT CONFERENCE: The Case Management Conference in this matter currently scheduled for October 14, 2021 is hereby adjourned. SO Ordered. (Signed by Magistrate Judge Katharine H. Parker on 10/9/2021) (js)

September 28, 2021

Filing 473 ORDER. The motions to seal at ECF 369, 389, 404, 416, 420, 423, 426, 439, 443, 453, 457, 461 are granted. Provided, however, this Order applies for purposes of discovery only. There shall be no presumption that any of the information sealed by this order shall be permitted to be filed or presented under seal in connection with any dispositive motion or trial. The Clerk of Court is respectfully requested to terminate the motions. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)

September 28, 2021

Filing 472 ORDER denying without prejudice #442 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 28, 2021

Filing 471 ORDER denying without prejudice #459 Motion to Compel; denying without prejudice #459 Motion for Protective Order. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 28, 2021

Filing 470 ORDER denying without prejudice #440 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 28, 2021

Filing 469 ORDER denying without prejudice #438 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 28, 2021

Filing 468 ORDER denying without prejudice #388 Motion for Discovery (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 28, 2021

Filing 467 ORDER denying without prejudice #366 Motion to Compel (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 24, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 9/24/2021. (ca)

September 14, 2021

Filing 466 ORDER SCHEDULING SETTLEMENT CONFERENCE: A telephonic Settlement Conference in this matter scheduled for Friday, September 24, 2021 at 3:00 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. SO ORDERED. ( Telephone Conference set for 9/24/2021 at 03:00 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 9/14/2021) (vfr)

September 14, 2021

Filing 465 ORDER. All deadlines in this case are stayed for 60 days. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)

September 14, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 9/14/2021. (ca)

September 13, 2021

Filing 464 MEMORANDUM & ORDER GRANTING PROTECTIVE ORDER granting #362 Motion for Protective Order. Please visit the Court's Website at www.nysd.uscourts.gov for Sealed Records Filing Instructions. For the reasons set forth above, Noom's motion for a protective order (ECF No. 362) is GRANTED. Plaintiffs are prohibited from using the confidential contact information of putative class members to contact such class members during the pre-certification phase of this case. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/13/2021) (rj)

September 13, 2021

Filing 463 ORDER ON APEX DEPOSITION granting #391 Letter Motion for Leave to File Document. For the reasons set forth above, Noom's letter motion for a protective order (ECF No. 391) is GRANTED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/13/2021) (rj)

September 13, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 9/13/2021. (ca)

September 10, 2021

Filing 462 ***SELECTED PARTIES***DECLARATION of Ashley Corkery in Support re: #459 MOTION to Compel Deposition Responses. MOTION for Protective Order on Plaintiffs' Speaking Objections.. Document filed by Artem Petakov, Noom Inc., Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit Ex. A [Un-redacted] Transcript, #2 Exhibit Ex. B [Un-redacted] Transcript, #3 Exhibit Ex. C Sellers Transcript, #4 Exhibit Ex. D [Under Sealed] Transcript, #5 Exhibit Ex. E [Under Sealed] Transcript)Motion or Order to File Under Seal: #461 .(Corkery, Ashley)

September 10, 2021

Filing 461 LETTER MOTION to Seal Portions of Exhibits A and B and to Seal Exhibits D and E, Attached to Declaration [ECF No. 460]. addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated September 10, 2021. Document filed by Noom Inc., Artem Petakov..(Corkery, Ashley)

September 10, 2021

Filing 460 DECLARATION of Ashley Corkery in Support re: #459 MOTION to Compel Deposition Responses. MOTION for Protective Order on Plaintiffs' Speaking Objections.. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit Ex. A [Redacted] Transcript, #2 Exhibit Ex. B [Redacted] Transcript, #3 Exhibit Ex. C Sellers Transcript, #4 Exhibit Ex. D [Sealed] Transcript, #5 Exhibit Ex. E [Sealed] Transcript).(Corkery, Ashley)

September 10, 2021

Filing 459 MOTION to Compel Deposition Responses., MOTION for Protective Order on Plaintiffs' Speaking Objections. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

September 9, 2021

Filing 458 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated September 9, 2021 re: Request to Seal/Redact Revised Limited Portions of The August 11, 2021 Hearing Transcript (ECF No. 434). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Proposed Sealed August 11, 2021 Hearing Transcript (ECF No. 434))Motion or Order to File Under Seal: #457 .(Low, Charles)

September 9, 2021

Filing 457 LETTER MOTION to Seal /Redact Revised Limited Portions of The August 11, 2021 Hearing Transcript (ECF No. 434) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated September 9, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Proposed Redacted August 11, 2021 Hearing Transcript (ECF No. 434)).(Low, Charles)

September 9, 2021

Filing 456 ORDER granting #455 Letter Motion for Extension of Time to Answer re #455 LETTER MOTION for Extension of Time to File Answer re: #174 Amended Complaint, addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 8, 2021. APPLICATION GRANTED. Noom Inc. answer due 10/20/2021; Artem Petakov answer due 10/20/2021. (Signed by Magistrate Judge Katharine H. Parker on 9/9/2021) (vfr)

September 8, 2021

Filing 455 LETTER MOTION for Extension of Time to File Answer re: #174 Amended Complaint, addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 8, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

September 3, 2021

Filing 454 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 3, 2021 re: Letter Motion to Seal/ Redact Exhibit A and B to Nooms Emergency Application, ECF Nos. 444-1 & 444-2 (sealed versions). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Unredacted August 13, 2021 Maryanne Deracleo Deposition Transcript)Motion or Order to File Under Seal: #453 .(Reddy, Aarti)

September 3, 2021

Filing 453 JOINT LETTER MOTION to Seal /Redact Exhibit A and B to Nooms Emergency Application, ECF Nos. 444-1 & 444-2 (sealed versions) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 3, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Redacted August 13, 2021 Maryanne Deracleo Deposition Transcript).(Reddy, Aarti)

September 2, 2021

Filing 452 REDACTION to #220 Memorandum of Law in Support of Motion, to Amend/Correct Protective Order, with Updated Redactions as Ordered in ECF No. 451, by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer.(Wittels, Steven)

September 1, 2021

Filing 451 ORDER granting in part and denying in part #219 Letter Motion to Seal. Plaintiffs are hereby directed to refile their memorandum of law in support of their motion to amend/correct the protective order with updated redactions in accordance with the Court's Order above. The Court also respectfully requests that the Clerk of Court terminate the pending motion at ECF No. 219. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/1/2021) (vfr)

September 1, 2021

Filing 450 ORDER granting #449 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 9/1/2021) (vfr)

August 31, 2021

Filing 449 CONSENT LETTER MOTION for Extension of Time to File Pre-Conference Submissions in Advance of September 13-14 Settlement Conference addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 8-31-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

August 30, 2021

Filing 448 ***SELECTED PARTIES***LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 8-30-21 re: #423 LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 422, and Plaintiffs' Exhibits A and C thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 08-09- Sealed Version of ECF No. 447. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Alexandra Burwood, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 Exhibit Sealed Version of ECF No. 447-1, #2 Exhibit Sealed Version of ECF No. 447-2)Motion or Order to File Under Seal: #423 .(McInturff, J. Burkett)

August 30, 2021

Filing 447 LETTER RESPONSE in Support of Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 8-30-21 re: #423 LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 422, and Plaintiffs' Exhibits A and C thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 08-09- The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact Portions of ECF No. 422 and Seal Exhibit C Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 - Joint Pre-Conference Letter with Defendants' Updated Proposed Redaction, #2 Exhibit 2 - Redacted Version of Ex C to Joint Pre-Conference Letter).(McInturff, J. Burkett)

August 25, 2021

Filing 446 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Charles Low dated August 25, 2021 re: #438 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Par . Document filed by Noom Inc., Artem Petakov..(Low, Charles)

August 25, 2021

Filing 445 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated August 25, 2021 re: #442 LETTER MOTION for Discovery /Nooms Extenuating Circumstances Emergency Application Letter Brief re Instructions Not to Answer addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 20, 2021. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A).(Wittels, Steven)

August 20, 2021

Filing 444 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 20, 2021 re: LETTER MOTION for Discovery /Nooms Extenuating Circumstances Emergency Application Letter Brief re Instructions Not to Answer. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit A-Sealed Cover Letter and DVD Picture, #2 Exhibit B-Sealed Unredacted Deracleo Deposition Transcript)Motion or Order to File Under Seal: #443 .(Reddy, Aarti)

August 20, 2021

Filing 443 LETTER MOTION to Seal Exhibits A and B, attached to Nooms Emergency Application, ECF No. 442. addressed to Magistrate Judge Katharine H. Parker from August 20, 2021 dated Ashley Corkery. Document filed by Noom Inc., Artem Petakov..(Corkery, Ashley)

August 20, 2021

Filing 442 LETTER MOTION for Discovery /Nooms Extenuating Circumstances Emergency Application Letter Brief re Instructions Not to Answer addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 20, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Public-Filed Under Seal Slip Sheet, #2 Exhibit B-Public-Filed Under Seal Slip Sheet).(Reddy, Aarti)

August 18, 2021

Filing 441 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from Charles Low dated August 18, 2021 re: #438 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Par . Document filed by Noom Inc., Artem Petakov..(Low, Charles)

August 18, 2021

Filing 440 ***SELECTED PARTIES*** LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/18/2021. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - NOOM00074389, #2 Exhibit B - NOOM00075228, #3 Exhibit C - NOOM00083959)Motion or Order to File Under Seal: #439 .(Roman, Ethan)

August 18, 2021

Filing 439 LETTER MOTION to Seal Exhibits A-C to Plaintiffs' "Extenuating Circumstances" Motion to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/18/2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)

August 18, 2021

Filing 438 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violation of the Privilege Logging Provisions of the Court's ESI Protocol addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/18/2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A - slipsheet, #2 Exhibit B - slipsheet, #3 Exhibit C - slipsheet).(Roman, Ethan)

August 17, 2021

Filing 437 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/5/21 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)

August 17, 2021

Filing 436 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/5/2021 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/17/2021. Release of Transcript Restriction set for 11/15/2021..(Moya, Goretti)

August 16, 2021

Filing 435 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Remote Case Management Conference proceeding held on 8/11/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(tg)

August 16, 2021

Filing 434 TRANSCRIPT of Proceedings re: Remote Case Management Conference held on 8/11/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/7/2021. Redacted Transcript Deadline set for 9/16/2021. Release of Transcript Restriction set for 11/15/2021.(tg)

August 13, 2021

Filing 433 ORDER: Consistent with this Court's rulings and directions set forth at the August 11, 2021 case management conference held in the above-captioned case, the Court hereby provides as follows: The current deadline for Plaintiffs' motion for class certification is September 30, 2021. In order to afford Plaintiffs additional time to digest the substantial amount of discovery already exchanged, and still yet to be exchanged, in this action, the Court finds that another modest extension of the class certification motion briefing schedule is warranted. Accordingly, Plaintiffs' moving papers on their motion for class certification will be due by November 19, 2021. Noom's opposition will be due by January 28, 2022. Plaintiffs reply will be due by March 25, 2022. Per the Court's prior scheduling orders, fact discovery is set to close on December 31, 2021. To the extent that additional merits-based fact discovery is required after a ruling on Plaintiffs' class certification motion, the parties will have an additional 60 days to pursue said discovery. Further, the Court hereby stays merits-based expert discovery until after the Court rules on the class certification motion. Finally, Plaintiffs raised a concern at the August 11 conference that some additional fact discovery may be necessary depending on the substance of Noom's brief in opposition to the motion for class certification. The Court will schedule a conference with the parties in order to assess any such discovery requests. A case management conference will take place on February 2, 2022 at 2:00 p.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street New York, New York, as further set forth herein. To the extent that Defendants would like to file a motion to compel responses to these unanswered deposition questions, Defendants may file said motion not to exceed 20 pages in length by no later than September 10, 2021. Plaintiffs' opposition is due by no later than September 24, 2021. No reply will be permitted. The parties raised a purported dispute concerning the hash values that Noom has assigned to various confidential consumer identification codes that pervade that data sets Noom has provided thus far in discovery. Per the Court's direction at the August 11 conference, Noom should coordinate with its data scientists to provide Plaintiffs with an explanation as to the discrepancies Plaintiffs have identified with those data sets. Noom should endeavor to provide that information by August 19, 2021. Plaintiffs will then be permitted to take a limited purpose deposition of Nooms data scientists to better understand the data Noom has provided and to clear up any ambiguities with respect to the information therein. That limited purpose deposition should take place by no later than August 27, 2021. Furthermore, Plaintiffs should provide a list of questions to Noom by August 20, 2021 to ensure that the data scientists are prepared to answer all of Plaintiffs' questions about the data in an efficient manner. The parties are directed to the conference transcript for other rulings and directives of the Court. SO ORDERED. ( Deposition due by 8/27/2021., Motions due by 11/19/2021., Responses due by 1/28/2022, Replies due by 3/25/2022., Case Management Conference set for 2/2/2022 at 02:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/13/2021) (vfr)

August 13, 2021

Filing 432 ORDER ADJOURNING CASE MANAGEMENT CONFERENCE: The Case Management conference in this matter scheduled for Thursday, September 2, 2021 at 10:00 a.m. is hereby adjourned sine die. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 8/13/2021) (js)

August 12, 2021

Filing 431 ORDER granting #430 Letter Motion for Extension of Time to Answer re #430 LETTER MOTION for Extension of Time to File Answer re: #149 Amended Complaint addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 12, 2021. APPLICATION GRANTED. Noom Inc. answer due 9/20/2021. (Signed by Magistrate Judge Katharine H. Parker on 8/12/2021) (vfr)

August 12, 2021

Filing 430 LETTER MOTION for Extension of Time to File Answer re: #149 Amended Complaint, addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 12, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

August 11, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management / Discovery / Scheduling / Status Conference held on 8/11/2021: See Transcript for Details.AT&T Conference Line (ca)

August 10, 2021

Filing 429 RESPONSE re: #425 Letter, / Response to Unauthorized Filing (ECF 425). Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - Emails).(Reddy, Aarti)

August 10, 2021

Filing 428 ORDER ON PROTECTIVE ORDER MODIFICATION denying without prejudice #334 Motion to Amend/Correct #334 MOTION to Amend/Correct #58 Protective Order (Letter Renewing Plaintiffs' Application to Modify Protective Order). Accordingly, Plaintiffs' motion is DENIED without prejudice as premature for the same reasons set forth in this Courts prior order. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/10/2021) (vfr)

August 10, 2021

Filing 427 ***SELECTED PARTIES*** PRE-CONFERENCE STATEMENT Exhibit 3 to Plaintiffs' Letter Supplementing the Record in Advance of the August 11, 2021, Discovery Conference, ECF No. 425-3 (SEALED VERSION). Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov.Motion or Order to File Under Seal: #426 .(McInturff, J. Burkett)

August 10, 2021

Filing 426 LETTER MOTION to Seal Provisionally Exhibit 3 to Plaintiffs' Letter Supplementing the Record in Advance of the August 11, 2021, Discovery Conference, ECF No. 425 addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated August 10, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

August 10, 2021

Filing 425 LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated August 10, 2021 re: Supplementing the Record in Advance of the August 11, 2021, Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 (Full Sellers Excerpts), #2 Exhibit 2 (Full Spencer Excerpts), #3 Exhibit 3 (Hashed Values Exhibit - REDACTED)).(Wittels, Steven)

August 10, 2021

NOTICE TO COUNSEL: REMINDER of the Case Management Conference scheduled for Wednesday, August 11, 2021 at 3:45 p.m. Please dial (866) 434-5269; access code 4858267 re: #411 Scheduling Order.(ca)

August 9, 2021

Filing 424 ***SELECTED PARTIES***JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the August 11, 2021 Discovery Conference (SEALED VERSION). Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 Exhibit - Pls' Ex A: List of Hashed Values, #2 Exhibit - Pls' Ex C: NOOM00102792)Motion or Order to File Under Seal: #423 .(McInturff, J. Burkett)

August 9, 2021

Filing 423 LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 422, and Plaintiffs' Exhibits A and C thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 08-09-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

August 9, 2021

Filing 422 JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the August 11, 2021 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit Plaintiffs' Exhibit A, #2 Exhibit Plaintiffs' Exhibit B, #3 Exhibit Plaintiffs' Exhibit C, #4 Exhibit Noom's Exhibit B, #5 Exhibit Noom's Exhibit C, #6 Exhibit Noom's Exhibit D).(McInturff, J. Burkett)

August 6, 2021

Filing 421 ***SELECTED PARTIES***LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/06/2021 re: #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. . Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 A - NOOM00091878, #2 B - NOOM00078087, #3 C - NOOM00078342, #4 D - NOOM00094201, #5 E - NOOM00067602, #6 F - NOOM00077984, #7 G - NOOM00078299, #8 H - NOOM00067838, #9 I - NOOM00067816, #10 J - NOOM00080395, #11 K - NOOM00078225)Motion or Order to File Under Seal: #420 .(Roman, Ethan)

August 6, 2021

Filing 420 LETTER MOTION to Seal / Redact Provisionally Portions of Plaintiffs' Opposition to Defendants' Letter Motion for Leave to File Motions to Quash addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/06/2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)

August 6, 2021

Filing 419 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 08/06/2021 re: #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 A - NOOM00091878 (slipsheet), #2 B - NOOM00078087 (slipsheet), #3 C - NOOM00078342 (slipsheet), #4 D - NOOM00094201 (slipsheet), #5 E - NOOM00067602 (slipsheet), #6 F - NOOM00077984 (slipsheet), #7 G - NOOM00078299 (slipsheet), #8 H - NOOM00067838 (slipsheet), #9 I - NOOM00067816 (slipsheet), #10 J - NOOM00080395 (slipsheet), #11 K - NOOM00078225 (slipsheet)).(Roman, Ethan)

August 6, 2021

Filing 418 ORDER granting in part and denying in part #412 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 372 should be redacted, but only to the limited extent that Defendants propose in their revised motion at ECF No. 412. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter as soon as is practicable. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/6/2021) (vfr)

August 5, 2021

Filing 417 ***SELECTED PARTIES***JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 5, 2021 re: Request to Seal/Redact Limited Portions of Exhibit B and C to Nooms Emergency Application, ECF No. 390-2 and ECF No. 390-3 (sealed versions). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit 1-Rough Under Seal Transcript of Karen Kelly, #2 Exhibit 2-Rough Under Seal Transcript of Mojo Nichols)Motion or Order to File Under Seal: #416 .(Reddy, Aarti)

August 5, 2021

Filing 416 JOINT LETTER MOTION to Seal /Redact Limited Portions of Exhibit B and C to Nooms Emergency Application, ECF No. 390-2 and ECF No. 390-3 (sealed versions) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 5, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1-Rough Redacted Transcript of Karen Kelly, #2 Exhibit 2- Rough Redacted Transcript of Mojo Nichols).(Reddy, Aarti)

August 5, 2021

Filing 415 ORDER granting in part and denying in part #204 Motion to Dismiss. For the reasons stated at today's telephonic conference, Defendants' Motion to Dismiss is denied in part and granted in part. The causes of action asserting conversion under New York, Ohio, Texas, Alabama and District of Columbia law are dismissed, and the portion of Plaintiffs California Unfair Competition Law claim, Count 4, stemming from Californias Bot Disclosure Law, Cal. Bus. & Prof. Code 17941, is dismissed. The motion to dismiss is denied as to all other causes of action. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 204. (Signed by Judge Lorna G. Schofield on 8/5/2021) (jca)

August 5, 2021

Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 8/5/2021. (Court Reporter Present) (jcs)

August 4, 2021

Filing 414 ORDER granting #410 Letter Motion for Extension of Time to File Response/Reply re #410 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aart. APPLICATION GRANTED. SO ORDERED., Responses due by 8/6/2021. (Signed by Magistrate Judge Katharine H. Parker on 8/4/2021) (rj)

August 4, 2021

Filing 413 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated August 4, 2021 re: Request to Seal/Redact Revised Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Proposed Sealed July 1, 2021 Hearing Transcript)Motion or Order to File Under Seal: #412 .(Low, Charles)

August 4, 2021

Filing 412 LETTER MOTION to Seal /Redact Revised Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated August 4, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Proposed Redacted July 1, 2021 Hearing Transcript).(Low, Charles)

August 4, 2021

Filing 411 CASE MANAGEMENT CONFERENCE CONVERSION ORDER: The Case Management Conference in this matter scheduled for Wednesday, August 11, 2021 at 3:45 p.m. is hereby converted to a telephonic conference. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. SO ORDERED., Case Management Conference set for 8/11/2021 at 03:45 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 8/4/2021) (rj)

August 3, 2021

Filing 410 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated August 3, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

August 2, 2021

Filing 409 Objection re: #407 Notice (Other), Defendants Opposition To Plaintiffs Notice Of Supplemental Authority. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

August 2, 2021

Filing 408 ORDER: In light of the Hon. Lorna G. Schofield's order at ECF No. 406 in the above- captioned action, the August 5, 2021 case management conference is hereby adjourned to Wednesday, August 11, 2021 at 3:45 p.m. The conference will still take place in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are required to follow the Court's COVID-safety protocols and should review the Court's website in advance of the conference for the most up to date information. SO ORDERED. ( Case Management Conference set for 8/11/2021 at 03:45 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/2/2021) (vfr)

August 2, 2021

Filing 407 NOTICE of Judge Koeltl's July 28 Dismissal Ruling in Morrell v. WW Int'l, Inc., Which Provides Supplemental Authority Supporting Plaintiffs' Claims Under California Law re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

July 30, 2021

Filing 406 SCHEDULING ORDER: It is hereby ORDERED that the parties shall appear for a telephonic conference on August 5, 2021, at 11:30 a.m. for the delivery of an oral opinion. The parties shall call (888) 363-4749 and use Access Code 558-3333. The timing of the conference is approximate, but the parties should be prepared to proceed at that time. No argument will be heard. Telephone Conference set for 8/5/2021 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/30/2021) (kv)

July 28, 2021

Filing 405 ***SELECTED PARTIES***DECLARATION of Aarti Reddy in Opposition re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests .. Document filed by Artem Petakov, Noom Inc., Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 - Unredacted Chart, #2 Exhibit 2 - Sealed Preservation Notice)Motion or Order to File Under Seal: #404 .(Reddy, Aarti)

July 28, 2021

Filing 404 LETTER MOTION to Seal / Redact Two Exhibits Attached to Noom's Opposition to Plaintiffs' Motion to Compel, (ECF No. 403). addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 28, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

July 28, 2021

Filing 403 DECLARATION of Aarti Reddy in Opposition re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests .. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1 - Redacted Chart, #2 Exhibit 2 - Under Seal Preservation Notice).(Reddy, Aarti)

July 28, 2021

Filing 402 MEMORANDUM OF LAW in Opposition re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests . . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

July 28, 2021

Filing 401 MEMORANDUM OF LAW in Opposition re: #362 MOTION for Protective Order : Notice of Defendants Motion to Enforce the Protective Order, Or In The Alternative, For A Further Protective Order to Preclude Plaintiffs from Using Nooms Confidential Information to Contact Absent Putative Class Memb . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

July 28, 2021

Filing 400 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 7-28-21 re: Enclosing Updated Proposed Redactions (Highlighted in Orange) to Items 1, 2, 3, and 5 in the Parties' Joint Position Letter, ECF No.399. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit 1 - Defs' Updated Proposed Redactions (in Orange) to Pls' Mem of Law ISO Their Mot to Compel, ECF Nos. 367, 370, #2 Exhibit 2 - Defs' Updated Proposed Redactions (in Orange) to Roman Decl ISO of Pls' Mot to Compel, ECF Nos. 368, 371, #3 Exhibit 3 - Defs' Updated Proposed Redactions (in Orange) to Ex A to Roman Decl, ECF No. 368-1, 371-1, #4 Exhibit 4 - Defs' Updated Proposed Redactions (in Orange) to Ex E to Roman Decl., ECF Nos. 368-5, 371-5)Motion or Order to File Under Seal: #369 .(McInturff, J. Burkett)

July 28, 2021

Filing 399 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 7-28-21 re: #369 LETTER MOTION to Seal / Redact Provisionally Portions of Plaintiffs' Memorandum of Law in Support of Their Motion to Compel, ECF No. 367, Roman Declaration, ECF No. 368 and Exhibits Thereto addressed to Magistrate Judge Katharine H. Park The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact/Seal Portions of Plaintiffs' Recent Motion to Compel Filings. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

July 28, 2021

Filing 398 ORDER denying without prejudice #396 Letter Motion to Seal. The Court, having reviewed Defendants' proposed redactions, finds that the proposed redactions are still overly broad and are not limited to material that, if disclosed, could cause competitive harm to Noom. Specifically, the following redactions are inappropriate under Second Circuit precedent: Tr. 9:10-12; Tr. 17:23-18:2; Tr. 21:19-23; Tr. 23:2; Tr. 23:11-12; Tr. 28:20-21; Tr. 29:19-20; Tr. 30:9; and Tr. 51:7-13. All other redactions are acceptable to the Court. Noom may submit a revised redaction request in accordance with the above. Noom should endeavor to submit those narrowed redactions by no later than August 4, 2021. For the reasons set forth above, Noom's letter motion to seal (ECF No. 396) is denied without prejudice. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/28/2021) (vfr)

July 27, 2021

Filing 397 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 27, 2021 re: Request to Seal/Redact Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372).. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Proposed Sealed July 1, 2021 Hearing Transcript)Motion or Order to File Under Seal: #396 .(Low, Charles)

July 27, 2021

Filing 396 LETTER MOTION to Seal /Redact Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 27, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Proposed Redacted July 1, 2021 Hearing Transcript).(Low, Charles)

July 27, 2021

Filing 395 ORDER granting #393 Letter Motion for Extension of Time to File Response/Reply re #393 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Artem Petakov. SO ORDERED. Responses due by 8/3/2021. (Signed by Magistrate Judge Katharine H. Parker on 7/27/2021) (vfr)

July 26, 2021

Filing 394 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 7-26-21 re: #388 LETTER MOTION for Discovery / Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated July 21, 2021. . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

July 26, 2021

Filing 393 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated July 26, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

July 23, 2021

Filing 392 DECLARATION of Aarti Reddy in Support re: #391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021.. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

July 23, 2021

Filing 391 LETTER MOTION for Leave to File Motions To Quash /Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 23, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Email 1 Regarding Deposition Dates, #2 Exhibit B-Subpoenas, #3 Exhibit C-Email 2 Regarding Deposition Dates).(Reddy, Aarti)

July 21, 2021

Filing 390 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated July 21, 2021 re: Letter Motion for Discovery / Extenuating Circumstances Emergency Application. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit A - E-mail, #2 Exhibit B - Transcript - *Sealed*, #3 Exhibit C - Transcript - *Sealed*)Motion or Order to File Under Seal: #389 .(Corkery, Ashley)

July 21, 2021

Filing 389 LETTER MOTION to Seal Exhibits B and C Attached to Noom's Extenuating Circumstances Emergency Application, ECF No. 388. addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated July 21, 2021. Document filed by Noom Inc., Artem Petakov..(Corkery, Ashley)

July 21, 2021

Filing 388 LETTER MOTION for Discovery / Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Ashley Corkery dated July 21, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - E-mail, #2 Exhibit B - Transcript - Filed Under Seal, #3 Exhibit C - Transcript - Filed Under Seal).(Corkery, Ashley)

July 20, 2021

Filing 387 ORDER denying without prejudice #385 Letter Motion to Seal. Having reviewed the proposed redactions, the Court finds that some of the proposed redactions are overly broad and do not cover material that, if disclosed, could cause competitive harm to Noom. For instance, the terms "cancellation rate" and "conversion rate" on page 15 of the transcript need not be redacted. Further, the list of Noom employees on page 52 of the transcript is not commercially sensitive information that warrants redaction. These are merely examples. Noom may submit revised redactions that are narrowly tailored to preserve Noom's privacy and/or legitimate competitive interests. Noom should endeavor to submit those narrowed redactions by no later than July 27, 2021. Accordingly, Noom's letter motion to seal (ECF No. 385) is denied without prejudice. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/20/2021) (vfr)

July 19, 2021

Filing 386 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 19, 2021 re: Request to Seal/Redact Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Proposed Sealed July 1, 2021 Hearing Transcript)Motion or Order to File Under Seal: #385 .(Low, Charles)

July 19, 2021

Filing 385 LETTER MOTION to Seal /Redact Limited Portions of the July 1, 2021 Hearing Transcript (ECF No. 372) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 19, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Proposed Redacted July 1, 2021 Hearing Transcript).(Low, Charles)

July 16, 2021

Filing 384 ORDER granting #382 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 7/16/2021) (vfr)

July 16, 2021

Filing 383 STIPULATION AND ORDER REGARDING NOOM'S PINTEREST ADVERTISEMENTS: IT IS HEREBY STIPULATED AND AGREED as follows: 1. "Noom" means the Defendants Noom, Inc. and Artem Petakov. 2. In exchange for not collecting and producing Nooms Pinterest advertisements, Noom agrees that its Facebook and Instagram advertisements produced to date are sufficiently representative of Noom's Pinterest advertisements such that any analysis or conclusions reached by Plaintiffs, the Court, and/or any factfinder regarding Noom's Facebook and Instagram advertisements produced to date will apply equally to Noom's Pinterest advertisements. 3. Noom also agrees that while reserving all rights to challenge or object to any analysis or conclusions reached by Plaintiffs regarding Noom's advertisements, including Pinterest advertisements, Noom will not object on the grounds that Plaintiffs have not directly considered Noom's Pinterest advertisements in connection with any such analysis or conclusions. PURSUANT TO STIPULATION, IT IS SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/16/2021) (vfr)

July 16, 2021

Set/Reset Deadlines: Responses due by 7/28/2021 (vfr)

July 15, 2021

Filing 382 LETTER MOTION for Extension of Time to File Opposition to Plaintiffs Motion to Compel Document Production and Responses to Written Discovery Requests. addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 15, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

July 15, 2021

Filing 381 PROPOSED STIPULATION AND ORDER. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

July 13, 2021

Filing 380 ORDER denying #377 Letter Motion for Extension of Time. Application Denied: For the reasons set forth in the Court's Order at ECF No. 378, Noom's contemplated opposition is now moot. Accordingly, Noom's motion for an extension (ECF No. 377) is DENIED. (Signed by Magistrate Judge Katharine H. Parker on 7/13/2021) (vfr)

July 13, 2021

Filing 379 ORDER granting in part #375 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 350 should be redacted, but only to the limited extent that Defendants propose. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter as soon as is practicable. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/13/2021) (vfr)

July 12, 2021

Filing 378 ORDER denying #374 Letter Motion for Conference re: #374 LETTER MOTION for Conference (Telephonic) - Time-Sensitive Application for Telephone Conference Regarding Plaintiffs' Outstanding Request to Modify Protective Order to Permit Use of Discovery in this Action in Related State Court Proceedings. Application Denied: The Court finds, given that the parties have already briefed the issues pertaining to Plaintiffs' motion to modify the Protective Order on two occasions, that no additional conference is necessary at this time. The Court will rule on Plaintiffs' motion in due course and will hear argument on the motion at the next conference, if necessary. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 7/12/2021) (vfr)

July 12, 2021

Filing 377 LETTER MOTION for Extension of Time to respond to Plaintiffs' letter motion to modify the stipulated protective order (ECF No. 374). addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated July 12, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

July 12, 2021

Filing 376 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 12, 2021 re: Request to Seal / Redact Limited Portions of the June 16, 2021 Hearing Transcript (ECF No. 350). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Sealed - Proposed Redactions of June 16, 2021 Hearing Transcript)Motion or Order to File Under Seal: #375 .(Low, Charles)

July 12, 2021

Filing 375 LETTER MOTION to Seal / Redact Limited Portions of the June 16, 2021 Hearing Transcript (ECF No. 350) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated July 12, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Redacted - June 16, 2021 Hearing Transcript).(Low, Charles)

July 9, 2021

Filing 374 LETTER MOTION for Conference (Telephonic) - Time-Sensitive Application for Telephone Conference Regarding Plaintiffs' Outstanding Request to Modify Protective Order to Permit Use of Discovery in this Action in Related State Court Proceedings addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 7-9-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A - 7-1-21 Email from Defense Counsel, #2 Exhibit B - 7-7-21 Email from Defense Counsel).(Wittels, Steven)

July 8, 2021

Filing 373 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote case management conference proceeding held on 7/1/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro)

July 8, 2021

Filing 372 TRANSCRIPT of Proceedings re: remote case management conference held on 7/1/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/29/2021. Redacted Transcript Deadline set for 8/9/2021. Release of Transcript Restriction set for 10/6/2021..(rro)

July 8, 2021

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #365 Proposed Order was reviewed and approved as to form. (km)

July 7, 2021

Filing 371 ***SELECTED PARTIES***DECLARATION of Ethan D. Roman in Support re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests .. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - R&O to 2nd RFPs, #2 Exhibit B - R&O to 3rd RFPs, #3 Exhibit C - R&O to 3rd Rogs, #4 Exhibit D - R&O to 4th Rogs, #5 Exhibit E - 5.14 Deficiency Letter, #6 Exhibit F - 5.21 Deficiency Letter, #7 Exhibit G - 5.21 email to Defs. Counsel, #8 Exhibit H - NOOM00059314, #9 Exhibit I - NOOM00059179, #10 Exhibit J - NOOM00059181, #11 Exhibit K - NOOM00078595, #12 Exhibit L - NOOM00078484, #13 Exhibit M - NOOM00069047, #14 Exhibit N - Brignull Preliminary Report, #15 Exhibit O - NOOM00072366, #16 Exhibit P - NOOM00073131, #17 Exhibit Q - NOOM00071828, #18 Exhibit R - Schaffer Dep excerpts, #19 Exhibit S - NOOM00065917, #20 Exhibit T - NOOM00078515, #21 Exhibit U - NOOM00067640)Motion or Order to File Under Seal: #369 .(Roman, Ethan)

July 7, 2021

Filing 370 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests . (Sealed). Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. Motion or Order to File Under Seal: #369 .(Roman, Ethan)

July 7, 2021

Filing 369 LETTER MOTION to Seal / Redact Provisionally Portions of Plaintiffs' Memorandum of Law in Support of Their Motion to Compel, ECF No. 367, Roman Declaration, ECF No. 368 and Exhibits Thereto addressed to Magistrate Judge Katharine H. Parker from Ethan D. Roman dated 7/7/2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)

July 7, 2021

Filing 368 DECLARATION of Ethan D. Roman in Support re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests .. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A - R&O to 2nd RFPs, #2 Exhibit B - R&O to 3rd RFPs, #3 Exhibit C - R&O to 3rd Rogs (slip sheet), #4 Exhibit D - R&O to 4th Rogs, #5 Exhibit E - 5.14 Deficiency Letter, #6 Exhibit F - 5.21 Deficiency Letter, #7 Exhibit G - 5.21 email to Defs. Counsel, #8 Exhibit H - NOOM00059314 (slip sheet), #9 Exhibit I - NOOM00059179 (slip sheet), #10 Exhibit J - NOOM00059181 (slip sheet), #11 Exhibit K - NOOM00078595 (slip sheet), #12 Exhibit L - NOOM00078484 (slip sheet), #13 Exhibit M - NOOM00069047 (slip sheet), #14 Exhibit N - Brignull Preliminary Report, #15 Exhibit O - NOOM00072366 (slip sheet), #16 Exhibit P - NOOM00073131 (slip sheet), #17 Exhibit Q - NOOM00071828 (slip sheet), #18 Exhibit R - Schaffer Dep excerpts (slip sheet), #19 Exhibit S - NOOM00065917 (slip sheet), #20 Exhibit T - NOOM00078515 (slip sheet), #21 Exhibit U - NOOM00067640 (slip sheet)).(Roman, Ethan)

July 7, 2021

Filing 367 MEMORANDUM OF LAW in Support re: #366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests . . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)

July 7, 2021

Filing 366 MOTION to Compel Noom, Inc., Artem Petakov to Produce Documents and Respond to Written Discovery Requests . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)

July 7, 2021

Filing 365 PROPOSED ORDER. Document filed by Noom Inc., Artem Petakov. Related Document Number: #362 ..(Low, Charles) Proposed Order to be reviewed by Clerk's Office staff.

July 7, 2021

Filing 364 DECLARATION of Charles Low in Support re: #362 MOTION for Protective Order : Notice of Defendants Motion to Enforce the Protective Order, Or In The Alternative, For A Further Protective Order to Preclude Plaintiffs from Using Nooms Confidential Information to Contact Absent Putative Class Memb. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Email 1, #2 Exhibit B-Email 2).(Low, Charles)

July 7, 2021

Filing 363 MEMORANDUM OF LAW in Support re: #362 MOTION for Protective Order : Notice of Defendants Motion to Enforce the Protective Order, Or In The Alternative, For A Further Protective Order to Preclude Plaintiffs from Using Nooms Confidential Information to Contact Absent Putative Class Memb . Document filed by Noom Inc., Artem Petakov..(Low, Charles)

July 7, 2021

Filing 362 MOTION for Protective Order : Notice of Defendants Motion to Enforce the Protective Order, Or In The Alternative, For A Further Protective Order to Preclude Plaintiffs from Using Nooms Confidential Information to Contact Absent Putative Class Members. Document filed by Noom Inc., Artem Petakov..(Low, Charles)

July 1, 2021

Filing 361 ORDER: In accordance with the Court's directives at the July 1, 2021 case management conference in the above-referenced matter, the Court hereby extends the deadlines for the two imminent discovery motions contemplated by the parties. With respect to the parties' dispute concerning Noom's objections to Plaintiffs' interrogatories and document requests, Plaintiffs' motion to compel is now due by no later than July 7, 2021. Noom's opposition to that motion is now due July 21, 2021. No reply will be permitted. With respect to the parties' dispute concerning Plaintiffs' right to use personal identifying information gleaned from Noom's document production in order to contact putative class members, Noom's motion for a protective order is now due July 7, 2021. Plaintiffs' opposition to that motion is now due July 21, 2021. No reply will be permitted. The parties are directed to the transcript from the July 1, 2021 conference for additional directives and rulings of the Court. SO ORDERED. ( Motions due by 7/7/2021. Responses due by 7/21/2021.) (Signed by Magistrate Judge Katharine H. Parker on 7/1/2021) (va)

July 1, 2021

Filing 360 Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker in courtroom 17-D: Case Management Conference / Discovery Hearing / Deposition Scheduling Conference / Status Conference held on 7/1/2021: See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca)

June 29, 2021

Filing 359 ORDER granting #357 Letter Motion to Seal. ORDER TO SEAL. Having reviewed the proposed redactions and sealed exhibits, the Court hereby GRANTS Noom's letter motion to seal (ECF No. 357). Accordingly, the Court respectfully requests that the Clerk of Court ensure that the documents filed at ECF No. 358 remain sealed, with access limited to the parties of the Court. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/29/2021) (vfr)

June 29, 2021

Filing 358 ***SELECTED PARTIES***JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 29, 2021 re: Agenda and Position Statements for July 1, 2021 Case Management Conference - Unredacted/Under Seal. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit A, #2 Exhibit B - Under Seal, #3 Exhibit C - Under Seal, #4 Exhibit D - Under Seal)Motion or Order to File Under Seal: #357 .(Reddy, Aarti)

June 29, 2021

Filing 357 LETTER MOTION to Seal / Redact Portions of the Parties' Joint Letter Regarding Proposed Agenda and Position Statements for July 1, 2021 In Person Case Management Conference (Joint Letter) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 29, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

June 29, 2021

Filing 356 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 29, 2021 re: Agenda and Position Statements for July 1, 2021 Case Management Conference - Redacted/Sealed. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Reddy, Aarti)

June 22, 2021

Filing 355 MEMO ENDORSEMENT on re: #352 Response to Motion, filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: Given the parties' update above, Plaintiffs' consent to the narrowed proposed redactions, and for the reasons set forth in Noom's submissions at ECF Nos. 339 and 352, the Court hereby confirms its Order to Seal at ECF No. 343. The Clerk of Court shall ensure that the docket entries at ECF Nos. 340, 341, and 354 remain sealed with access limited to the parties and the Court. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/22/2021) (vfr)

June 21, 2021

Filing 354 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-21-21 re: Enclosing Updated Proposed Redactions (Highlighted) to Ex. B to the Parties' Joint 6-14-21 Pre-Conference Letter, ECF Nos. 338-2 and 341. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #339 .(McInturff, J. Burkett)

June 21, 2021

Filing 353 REDACTION to #338 Pre-Conference Statement, Defendants' Updated Proposed Redactions to Ex. B to the Parties' Joint 6-14-21 Pre-Conference Letter, ECF Nos. 338-2 and 341 by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer.(McInturff, J. Burkett)

June 21, 2021

Filing 352 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-21-21 re: #339 JOINT LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 338, and Exhibit B thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-14-21. The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact Portions of ECF No. 338 and Exhibit B Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

June 21, 2021

Filing 351 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote Case Management Conference proceeding held on 6/16/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(tro)

June 21, 2021

Filing 350 TRANSCRIPT of Proceedings re: Remote Initial Case Management Conference held on 6/16/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/12/2021. Redacted Transcript Deadline set for 7/22/2021. Release of Transcript Restriction set for 9/20/2021..(tro)

June 21, 2021

Filing 349 MEMO ENDORSEMENT on re: #348 Letter, filed by Artem Petakov, Noom Inc. ENDORSEMENT: Application GRANTED in part and DENIED in part. The above-referenced conferences will be held in person in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York per ECF No. 345. Ms. Reddy will be permitted to attend and participate in these conferences via telephone but another attorney must appear on behalf of Defendants in person. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 6/21/2021) (vfr)

June 17, 2021

Filing 348 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 17, 2021 re: Unopposed Letter Request to Appear by Video at Upcoming July 1, 2021 and August 5, 2021 Case Management Conferences. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

June 16, 2021

Filing 347 ORDER: The Court recently issued a Scheduling Order converting numerous case management conferences to in-person proceedings. (ECF No. 345.) In that same order, the Court set forth guidelines pertaining to the filing of joint agenda letters. The parties are hereby directed to disregard that latter portion of ECF No. 345 and are hereby directed to continue adhering to the procedures set forth at ECF No. 145 for all agenda letters to be submitted in advance of the forthcoming in-person conferences. (Signed by Magistrate Judge Katharine H. Parker on 6/16/2021) (nb)

June 16, 2021

Filing 346 SCHEDULING ORDER granting in part and denying in part #336 Letter Motion for Extension of Time to Complete Discovery. Consistent with this Court's directions at today's conference, Noom shall complete its depositions of the named Plaintiffs in this action by August 18, 2021. Plaintiffs shall cooperate with Noom in scheduling mutually convenient dates and times for the depositions. Plaintiffs shall commence depositions of Defendants in August. Defendants shall cooperate with Plaintiffs in scheduling mutually convenient dates and times for the depositions. The parties are directed to set a schedule for the depositions Plaintiffs plan on taking those depositions should be taken in August and September 2021. The parties shall report the agreed-upon deposition schedule to the Court in their next joint status letter. Plaintiffs' letter motion at ECF No. 336 is granted in part and denied in part. Based on this Court's close supervision of discovery in this matter, the Court finds that there is no need to extend the discovery schedule at this time, which is currently set to close on December 31, 2021. Plaintiffs' motion is granted as to their request to extend the briefing schedule for their class certification motion. Under Federal Rule of Civil Procedure 23(c)(1)(A) the Court is obligated to determine, by order, whether to certify a proposed class "[a]t an early practicable time" after the proposed class action is filed. The current deadline for Plaintiffs' motion for class certification is June 30, 2021. Noom represented on the record that it expects to substantially complete its production of documents by the end of July 2021. Accordingly, to afford Plaintiffs additional time to review Noom's production, the Court finds that a modest extension of the class certification motion briefing schedule is warranted. Plaintiffs' moving papers on their motion for class certification will be due by September 30, 2021. Defendants' opposition will be due by November 29, 2021. Plaintiffs' reply will be due by December 29, 2021. With respect to the parties' dispute concerning Noom's objections to Plaintiffs' interrogatories and document requests, Plaintiffs' motion to compel is due July 2, 2021. Noom's opposition is due July 16, 2021. No reply will be permitted. With respect to the parties' dispute concerning Plaintiffs' right to use personal identifying information gleaned from Noom's document production in order to contact putative class members, Noom's motion for a protective is due July 2, 2021. Plaintiffs' opposition is due July 16, 2021. No reply will be permitted. The parties are directed to the conference transcript for other rulings and directives of the Court. SO ORDERED. Deposition due by 8/18/2021.. (Signed by Magistrate Judge Katharine H. Parker on 6/16/2021) (kv)

June 16, 2021

Filing 345 ORDER CONVERTING CASE MANAGEMENT CONFERENCES TO IN PERSON PROCEEDINGS: The Following previously scheduled telephonic Case Management conferences in this matter are hereby converted to in person proceedings and will be in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Counsel and parties are required to follow the Court's COVID-safety protocols and should review the Court's website in advance of the conferences for the most up to date information. The parties shall file a joint status letter that includes agenda items three business days in advance of each conference. The letters shall be no more than five pages in length. Thursday, July 1, 2021 at 10:00 a.m., Thursday, August 5, 2021 at 10:00 a.m., Thursday, September 2, 2021 at 10:00 a.m., Thursday, October 14, 2021 at 10:00 a.m., Thursday, November 4, 2021 at 10:00 a.m., Thursday, December 2. 2021 at 10:00 a.m. SO ORDERED. ( Case Management Conferences set for 7/1/2021 at 10:00 AM, 8/5/2021 at 10:00 AM, 9/2/2021 at 10:00 AM, 10/14/2021 at 10:00 AM, 11/4/2021 at 10:00 AM, 12/2/2021 at 10:00 AM in Courtroom 17-D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/16/2021) (vfr)

June 16, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference / Discovery Hearing / Oral Argument/ Status Conference held on 6/16/2021:See Transcript for Details.Proceeding held by Microsoft Teams (ca)

June 16, 2021

Set/Reset Deadlines: Motions due by 9/30/2021. Responses due by 11/29/2021 Replies due by 12/29/2021. (kv)

June 15, 2021

Filing 344 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 15, 2021 re: #336 FIRST LETTER MOTION for Extension of Time to Complete Discovery and Corresponding Extension of the Class Certification Briefing Schedule addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated June 11, 2021. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

June 15, 2021

Filing 343 ORDER granting #339 Letter Motion to Seal. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/15/2021) (vfr)

June 15, 2021

Filing 342 ORDER SCHEDULING SETTLEMENT CONFERENCES: Settlement conferences in this matter are hereby scheduled for Monday, September 13, 2021 at 10:00 a.m. and Tuesday, September 14, 2021 at 10:00 a.m. in Courtroom 17-D, United States Courthouse, 500 Pearl Street, New York, New York. Parties must attend in-person with their counsel. Corporate parties must send the person with decision making authority to settle the matter to the conference. Counsel and parties are required to follow the Court's COVID-safety protocols and should review the Court's website in advance of the conferences for the most up to date information. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than September 7, 2021 by 5:00 p.m. SO ORDERED. (Settlement Conference set for 9/13/2021 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker, Settlement Conference set for 9/14/2021 at 10:00 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/15/2021) (vfr) Modified on 6/15/2021 (ca). (Main Document 342 replaced on 6/15/2021) (ca).

June 15, 2021

NOTICE TO COUNSEL: Pre-conference Settlement submissions for the 9/13/21 & 9/14/21 Settlement Conferences are due on September 7, 2021 by 5:00 p.m. re: #342 Order has been updated to reflect this change.(ca)

June 15, 2021

NOTICE TO COUNSEL: REMINDER of the Case Management Conference utilizing Microsoft Teams scheduled for Wednesday, June 16, 2021 at 10:00 a.m. Counsel has been sent an invitation by Judge Parker's chambers for this proceeding. re: #333 Order.(ca)

June 14, 2021

Filing 341 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-14-21 re: Enclosing Sealed Version of Ex. B to Parties' Joint Status Letter, ECF No. 338-2. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #339 .(McInturff, J. Burkett)

June 14, 2021

Filing 340 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-14-21 re: Enclosing Sealed Version of Parties' Joint Status Letter, ECF No. 338. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #339 .(McInturff, J. Burkett)

June 14, 2021

Filing 339 JOINT LETTER MOTION to Seal /Redact Provisionally Portions of the Parties' Joint Status Letter, ECF No. 338, and Exhibit B thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 6-14-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

June 14, 2021

Filing 338 JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the June 16, 2021 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B).(McInturff, J. Burkett)

June 11, 2021

Filing 337 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated June 11, 2021 re: #334 MOTION to Amend/Correct #58 Protective Order (Letter Renewing Plaintiffs' Application to Modify Protective Order). . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

June 11, 2021

Filing 336 FIRST LETTER MOTION for Extension of Time to Complete Discovery and Corresponding Extension of the Class Certification Briefing Schedule addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated June 11, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Text of Proposed Order (Proposed Revised Scheduling Order)).(Wittels, Steven)

June 3, 2021

Filing 335 NOTICE OF CHANGE OF ADDRESS by Aarti Reddy on behalf of Noom Inc., Artem Petakov. New Address: Cooley LLP, 3 Embarcadero Center, 20th Floor, San Francisco, CA, United States 94111-4004, (415) 693-2000..(Reddy, Aarti)

June 3, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 6/3/2021: Microsoft Teams (ca)

June 2, 2021

Filing 334 MOTION to Amend/Correct #58 Protective Order (Letter Renewing Plaintiffs' Application to Modify Protective Order). Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A - California injunctive complaint, #2 Exhibit B - New York injunctive complaint).(Wittels, Steven)

May 27, 2021

Filing 333 ORDER SCHEDULING CASE MANAGEMENT CONFERENCE BY VIDEO: A Case Management Conference in this matter utilizing Microsoft Teams is hereby scheduled for Wednesday, June 16, 2021 at 10:00 a.m. Counsel for the parties will be sent an invitation by Judge Parker's chambers prior to the scheduled conference date. ( Case Management Conference set for 6/16/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/27/2021) (mro)

May 26, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Status Conference held on 5/26/2021. (ca)

May 21, 2021

Filing 332 MEMO ENDORSEMENT re: #331 Letter filed by Artem Petakov, Noom Inc. ENDORSEMENT: Pursuant to the parties' letter below, the Court notes that client representatives need not attend the May 26 Settlement Status Conference. Further, Noom need not provide the additional data in advance of the May 26 conference. The purpose of the conference, in part, is to briefly discuss the categories of data that Noom should collect, not to evaluate that data. (Signed by Magistrate Judge Katharine H. Parker on 5/21/2021) (nb)

May 21, 2021

Filing 331 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated May 21, 2021 re: Order Setting May 26, 2021 Settlement Status Conference (ECF No. 330). Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

May 21, 2021

Filing 330 ORDER SCHEDULING TELEPHONIC SETTLEMENT STATUS CONFERENCE: A telephonic Settlement Status Conference in this matter is hereby scheduled for Wednesday, May 26, 2021 at 12:30 p.m. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Telephone Conference set for 5/26/2021 at 12:30 PM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 5/21/2021) (nb)

May 20, 2021

Filing 329 MEMO ENDORSEMENT re: #328 Letter, filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: The Court thanks the parties for this update and commends the parties for reaching a resolution through the meet and confer process. (Signed by Magistrate Judge Katharine H. Parker on 5/20/2021) (nb)

May 20, 2021

Filing 328 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated May 20, 2021 re: parties' agreement regarding additional Zendesk metadata fields. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

May 18, 2021

Filing 327 ORDER ON PLAINTIFFS' MOTION TO COMPEL SAMPLING PROTOCOL granting in part and denying in part #241 Letter Motion to Compel. For the reasons set forth above, Plaintiffs' motion (ECF No. 241) is GRANTED in part and DENIED in part. (Signed by Magistrate Judge Katharine H. Parker on 5/18/2021) (mro)

May 13, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Settlement Conference held on 5/13/2021: Microsoft Teams (ca)

May 12, 2021

Filing 326 ORDER CONVERTING CASE MANAGEMENT CONFERENCE TO VIDEO: The telephonic Case Management Conference in this matter scheduled for Thursday, June 3, 2021 at 10:00 a.m. is hereby converted to Microsoft Teams. Counsel for the parties will be sent an invitation by Judge Parker's chambers prior to the scheduled conference date. ( Case Management Conference set for 6/3/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 5/12/2021) (mro)

May 6, 2021

Filing 325 ORDER ON MOTIONS TO SEAL granting #258 Letter Motion to Seal; granting #276 Letter Motion to Seal; granting #287 Letter Motion to Seal; granting #294 Letter Motion to Seal; granting #296 Letter Motion to Seal. For the reasons stated above, the Court finds that the parties' various requests for sealing and redactions should be GRANTED. Accordingly, the Court hereby grants ECF Nos. 258, 276, 287, 294, and 296. The Court respectfully requests that the Clerk of Court ensure that the documents filed at ECF Nos. 259, 277, 278, 279, 280, 281, 282, 283, 284, 288, 289, 290, 292, 295, 307, 309, and 310 remain under seal, with access limited to the parties and the Court. Furthermore, Noom should file the narrowed proposed redactions adopted by the Court above by May 13, 2021. As is the case with all orders to seal in this case, Plaintiffs' right to contest the sealing and/or redaction of the documents addressed in this order in the event the documents are later filed in connection with a dispositive motion (i.e., a motion for summary judgment) is preserved. (Signed by Magistrate Judge Katharine H. Parker on 5/6/2021) (mro)

April 30, 2021

Filing 324 ORDER denying as moot #271 Letter Motion for Conference re: #271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21., #297 LETTER MOTION for Conference re: #260 Brief, E-Discovery Professors' Application to Address the Court as Amicus Curiae in Support Of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked, #303 LETTER MOTION for Conference re: #260 Brief, Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal ; denying as moot #297 Letter Motion for Conference re: #271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21., #297 LETTER MOTION for Conference re: #260 Brief, E-Discovery Professors' Application to Address the Court as Amicus Curiae in Support Of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked, #303 LETTER MOTION for Conference re: #260 Brief, Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal ; denying as moot #303 Letter Motion for Conference re: #271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21., #297 LETTER MOTION for Conference re: #260 Brief, E-Discovery Professors' Application to Address the Court as Amicus Curiae in Support Of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked, #303 LETTER MOTION for Conference re: #260 Brief, Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal. It is hereby ORDERED that, for the foregoing reasons, Plaintiffs' objections are OVERRULED. Plaintiffs' request for oral argument is DENIED as moot. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 271, 297, 303. (Signed by Judge Valerie E. Caproni on 4/30/2021) (rro)

April 30, 2021

Filing 323 ORDER denying #275 Letter Motion for Discovery. For the above reasons, Plaintiffs' application is DENIED. So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 4/30/2021) (js)

April 29, 2021

Filing 322 ORDER granting #304 Letter Motion to Seal; granting #315 Letter Motion to Seal. It is hereby ORDERED that, Defendants' application to approve redactions is GRANTED. The unredacted version of Exhibit A at Dkt. No. 305 will remain sealed, and only the parties and individuals identified in the attached Appendix A of the letter at Dkt. No. 304 will have access. Filing the above-referenced documents in redacted form is necessary to prevent the unauthorized dissemination of confidential business information. The parties are advised that the Court retains unfettered discretion whether or not to afford confidential treatment to any Confidential Document or information contained in any Confidential Document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 304, 315. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/29/2021) (cf)

April 29, 2021

Filing 321 ORDER CONVERTING SETTLEMENT CONFERENCE TO VIDEO: The telephonic Settlement Conference in this matter scheduled for Thursday, May 13, 2021 at 10:00 a.m. is hereby converted to Microsoft Teams. Counsel for the parties will be sent an invitation by Judge Parker's chambers prior to the scheduled conference date. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice. Pre-conference submissions must be received by the Court no later than May 10, 2021 by 5:00 p.m. ( Settlement Conference set for 5/13/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 4/29/2021) (mro) Modified on 4/30/2021 (ca).

April 29, 2021

Filing 320 ORDER granting #319 Letter Motion for Leave to File Excess Pages. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 4/29/2021) (mro)

April 28, 2021

Filing 319 JOINT LETTER MOTION for Leave to File Excess Pages Re: Settlement Conference Submissions addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 28, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 28, 2021

Filing 318 ORDER granting #316 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 311 should be redacted, but only to the limited extent that Defendants propose. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter by May 11, 2021. The Court also respectfully requests that the Clerk of Court ensure that the document filed at ECF No. 317 remain under seal, with access limited to the parties and the Court. (Signed by Magistrate Judge Katharine H. Parker on 4/28/2021) (mro)

April 27, 2021

Filing 317 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated April 27, 2021 re: Under Seal Version of April 15, 2021 Hearing Transcript (ECF No. 311). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #316 .(Low, Charles)

April 27, 2021

Filing 316 LETTER MOTION to Seal and Redact Limited Portions of the April 15, 2021 Hearing Transcript (ECF No. 311) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated April 27, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Transcript of 4-15-2021 CMC_Redacted).(Low, Charles)

April 21, 2021

Filing 315 LETTER MOTION to Seal /Redact Confidential Information re: ECF No. 303-1 addressed to Judge Lorna G. Schofield from Aarti Reddy dated April 21, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 20, 2021

Filing 314 DECLARATION of Aarti G. Reddy in Opposition re: #260 Brief,. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Milgard Motion, #2 Exhibit B-Milgard Motion Ex. G).(Reddy, Aarti)

April 20, 2021

Filing 313 OPPOSITION BRIEF re: #260 Brief, Plaintiffs Objection Pursuant to FRCP 72(a) to Magistrate Judge Katharine Parker's March 11, 2021 Discovery Order Concerning Production of Hyperlinked Internal Documents, ECF No. 239. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 20, 2021

Filing 312 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 4/15/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)

April 20, 2021

Filing 311 TRANSCRIPT of Proceedings re: Telephone Conference held on 4/15/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/11/2021. Redacted Transcript Deadline set for 5/21/2021. Release of Transcript Restriction set for 7/19/2021..(kv)

April 20, 2021

Filing 310 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: Enclosing Exhibit 2 to ECF No. 308: Narrowed Proposed Redactions to Ex. D to Plaintiffs' April 12 Letter Motion for Discovery Under the Court's Extenuating Circumstances Order, ECF No. 275-4. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 20, 2021

Filing 309 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: Enclosing Exhibit 1 to ECF No. 308: Narrowed Proposed Redactions to Plaintiffs' April 12 Letter Motion for Discovery Under the Court's Extenuating Circumstances Order, ECF No. 275. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 20, 2021

Filing 308 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: #276 LETTER MOTION to Seal Provisionally Portions Plaintiffs' Motion for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders, ECF No. 2 - The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact Portions of ECF No. 275 and Ex. D Thereto and to Seal Ex. A-C and E-G Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

April 20, 2021

Filing 307 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: Enclosing Exhibit 1 to ECF No. 306: Narrowed Proposed Redactions to Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #287 .(McInturff, J. Burkett)

April 20, 2021

Filing 306 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 4-20-21 re: #287 LETTER MOTION to Seal Provisionally Portions of Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286, and the Exhibit Thereto addres - The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting Forth Their Positions on Defendants' Request to Redact Portions of ECF No. 286 and Seal Exhibit A Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

April 19, 2021

Filing 305 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Steven L. Wittels dated April 19, 2021 re: Enclosing Sealed Version of Exhibit A to Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal Documents (ECF No. 303-1). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #304 .(Wittels, Steven)

April 19, 2021

Filing 304 LETTER MOTION to Seal Redacted Portions of Exhibit A to Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal Documents (ECF No. 303-1) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated August 19, 2020. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

April 19, 2021

Filing 303 LETTER MOTION for Conference re: #260 Brief, Plaintiffs' Application to File a Short Supplemental Declaration in Support of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal Documents addressed to Judge Lorna G. Schofield from Steven L. Wittels dated April 19, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A (Proposed Supplemental Declaration)).(Wittels, Steven)

April 15, 2021

Filing 302 POST- CONFERENCE ORDER: Consistent with the telephonic case management conference held on April 15, 2021 in the above-captioned matter, the parties are directed and advised as follows: Search Terms and Document Discovery: Coming into the April 15 conference, the parties agreed on approximately 57 search terms. Beyond those terms, Plaintiffs proposed 125 additional term lines to which Noom objects. Having reviewed the proposed search terms and heard the parties' arguments on this issue, the Court finds that some of Plaintiffs' proposed terms are proper, while others are overly burdensome, unduly speculative, or premature at this stage of document discovery. Accordingly, as directed on the record at the April 15 conference, the Court hereby endorses only the following proposed term lines and directs Noom to incorporate these searches in its initial collection: The Court will also permit modified versions of certain additional search terms proposed by the Plaintiffs. Specifically, Noom should run searches for Plaintiffs' term numbers 59, 60, and 61, except that the terms "trial*" and "auto*" and "refund*" and "retain*" and "retention" should be struck from the term lines. Noom should run these searches along with the search terms to which the parties already agree and begin reviewing documents as soon as is practicable. As noted at the conference, Noom must produce its first round of responsive documents to Plaintiffs by no later than May 15, 2021. Noom's second production will be due by June 14, 2021. At the next status conference Noom should be prepared to report on the review population and whether it can ascertain an anticipated date for substantial completion of document production. Furthermore, at the conference the Court provided very specific guidance to the parties on revisions to be made to Plaintiffs' term number 14. Noom is directed to revise this search term so that it reads as follows: (Coach* w/6 (complain* OR confus*) AND refund* OR cancel*) Noom should generate a hit report based on this revised term line. Based on that hit report the parties should meet and confer to assess the review burden associated with the narrowed search line proposed by the Court and determine whether the revised term is proportional to the needs of the case. With respect to Plaintiffs' remaining proposed terms, the Court will not require Noom to incorporate those search terms at this time. This ruling is made without prejudice to Plaintiffs' right to resubmit these or other search terms if, after a meaningful exchange of documents, there is good cause to broaden the review population. The parties are directed to the conference transcript for other rulings and directives of the Court. SO ORDERED (Signed by Magistrate Judge Katharine H. Parker on 4/15/2021) (rj)

April 15, 2021

Filing 301 ORDER granting #257 Letter Motion for Discovery; granting #259 Letter Motion for Discovery. Accordingly, the Court limits the scope of the 30(b)(6) deposition topics as follows: Topic 1: This information is limited in scope, relevant background information, and proportional to the needs of the case. Topic 2: This topic is modified to focus on the following questions: Did the one-time plans terminate upon the end of the pre-paid, finite period? How were consumers informed about options to renew upon termination of such plans? What learnings, if any, did Noom take from customer use of the one-time plans in adopting the healthy weight auto renewal model? Topic 3: Provide the formal names and identifiers of the one-time plans that preceded the Healthy Weight autorenewal plan. This information will assist Plaintiffs in distinguishing the plan at issue and communications about same from other plans offered by Noom and potentially referenced by documents and witnesses during discovery. Topic 4: This topic is not within the scope of the limited purpose 30(b)(6) deposition. The topic is more appropriately explored in the context of depositions relating to the plan at issue through questions such as, why did Noom move to an autorenewal plan? Topic 5: These details about the one-time plans are not relevant to the autorenewal plan at issue in this case and are not necessary to provide context. Plaintiffs can explore the reasons for the length of the trial period, automatic enrollment, and cancellation features of the plan at issue in depositions concerning the autorenewal plan. Topic 6: Information about the rationale for features of the one-time plans is not relevant to the autorenewal plan at issue in this case and is not necessary to provide context. Plaintiffs can fully explore the rationale for features of the autorenewal plan in depositions concerning it. Topic 7: This topic is more appropriately addressed in depositions concerning the autorenewal plan at issue through questions such as, why did Noom change to an autorenewal plan? Topic 8: This topic is modified as follows: The number of customers enrolled in, and revenue derived from, Noom's one-time plans. This general information can then be contrasted with information learned about the number of custodians enrolled in, and revenue derived from, the autorenewal plan at issue. Topic 9: Plaintiffs may learn the names and titles of key individuals involved in the design, implementation, and review of Noom's one-time plans. Plaintiffs will not be permitted to depose such individuals about the one-time plans absent a showing of good cause. The identities of these individuals and their titles will allow Plaintiffs to determine whether there was overlap in the key designers of the one-time plans and the autorenewal plan at issue, which is a relevant piece of information. Topic 10: The information sought in this topic is not relevant and, even if marginally relevant, is not proportional to the needs of this case. Topic 11: The information sought in this topic is not relevant and, even if marginally relevant, is not proportional to the needs of this case. Topic 12: This topic, as phrased, is overbroad and not proportional to the needs of the case. The topic is modified as follows: Does Noom have records on whether one-time customers later joined the Healthy Weight autorenewal plan? Does Noom know what percentage of the Healthy Weight autorenewal plan customers utilized a one-time plan prior to signing up for the autorenewal plan? If so, what is that percentage? Topic 13: This topic is more appropriately addressed in depositions concerning the autorenewal plan at issue. Plaintiffs can explore in depositions concerning the autorenewal plan whether the autorenewal plan's signup, charges, and cancellation process changed from the one-time plan and, if so, in what way and why. It is unlikely that Plaintiffs will need 7 hours to obtain the information permitted above; however, the Court will not limit the hours, as the topics themselves, as limited, will necessarily reduce to time needed for the deposition and there is no need for arbitrary limits besides the 7- hour limit. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/15/2021) (rj)

April 15, 2021

Filing 300 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Aarti Reddy dated April 15, 2021 re: #271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 15, 2021

Filing 299 LETTER REPLY to Response to Motion addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated April 15, 2021 re: #275 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders (PUBLIC REDACTED VERSION) addressed to Magistrate Judge Kath -- Letter Correcting the Record Regarding Noom's Opposition. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A).(Wittels, Steven)

April 15, 2021

Filing 298 NOTICE OF APPEARANCE by Ethan Daniel Roman on behalf of Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Roman, Ethan)

April 15, 2021

Filing 297 LETTER MOTION for Conference re: #260 Brief, E-Discovery Professors' Application to Address the Court as Amicus Curiae in Support Of Plaintiffs' Objections to Judge Parker's Discovery Order Concerning Production of Hyperlinked Internal Documents (Doc. 260) addressed to Judge Lorna G. Schofield from Professor William F. Hamilton and Professor Andrew M. Pardieck dated April 15, 2021. Document filed by Mojo Nichols..(Wittels, Steven)

April 15, 2021

Filing 296 LETTER MOTION to Seal portions of Exhibit 1 attached to Nooms Opposition to Plaintiffs Extenuating Circumstances Emergency Application addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 15, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference / Discovery Hearing / Status Conference held on 4/15/2021: See transcript for details. AT&T Conference line. (ca)

April 14, 2021

Filing 295 ***SELECTED PARTIES***JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: Proposed Agenda and Position Statements for April 15, 2021 Telephonic Case Management Conference: Sealed Unredacted Version. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 Exhibit A- Nooms Proposed Search Terms, #2 Exhibit B- Plaintiffs Modifications to Nooms Proposed Search Terms, #3 Exhibit C- Plaintiffs Additional Proposed Search Terms)Motion or Order to File Under Seal: #294 .(Reddy, Aarti)

April 14, 2021

Filing 294 LETTER MOTION to Seal and redact portions of the Parties Joint Letter Regarding Proposed Agenda and Position Statements for April 15, 2021 Telephonic Case Management Conference addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 14, 2021

Filing 293 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: Proposed Agenda and Position Statements for April 15, 2021 Telephonic Case Management Conference: Redacted Public Version. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A- Nooms Proposed Search Terms, #2 Exhibit B- Plaintiffs Modifications to Nooms Proposed Search Terms, #3 Exhibit C- Plaintiffs Additional Proposed Search Terms).(Reddy, Aarti)

April 14, 2021

Filing 292 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: Sealed Version of Nooms Exhibit 1 to their Response to Plaintiffs Extenuating Circumstances Motion ECF No. 291-1. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #291 .(Reddy, Aarti)

April 14, 2021

Filing 291 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: #275 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders (PUBLIC REDACTED VERSION) addressed to Magistrate Judge Kath . Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1- Email, #2 Exhibit 2- Email).(Reddy, Aarti)

April 14, 2021

Filing 290 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 14, 2021 re: Proposed Agenda and Position Statements for April 15, 2021 Telephonic Case Management Conference. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A- Nooms Proposed Search Terms, #2 Exhibit B- Plaintiffs Modifications to Nooms Proposed Search Terms, #3 Exhibit C- Plaintiffs Additional Proposed Search Terms).(Reddy, Aarti)

April 13, 2021

Filing 289 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 13, 2021 re: Enclosing Sealed Version of Exhibit A to Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286-1. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #287 .(McInturff, J. Burkett)

April 13, 2021

Filing 288 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 13, 2021 re: Enclosing Sealed Version of Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #287 .(McInturff, J. Burkett)

April 13, 2021

Filing 287 LETTER MOTION to Seal Provisionally Portions of Plaintiffs' Opposition to Defendants' Extenuating Circumstances Reconsideration Motion and Cross-Motion to Amend Plaintiffs' Complaint, ECF No. 286, and the Exhibit Thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 13, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

April 13, 2021

Filing 286 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 13, 2021 re: #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. And Cross-Motion to Amend the Complaint -- PUBLIC REDACTED VERSION--. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A).(McInturff, J. Burkett)

April 13, 2021

Filing 285 ORDER FOR ADMISSION PRO HAC VICE granting #274 Motion for Ashley K. Corkery to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 4/13/2021) (mro)

April 12, 2021

Filing 284 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit G to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-7. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 12, 2021

Filing 283 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit F to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-6. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 12, 2021

Filing 282 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit E to Plaintiffs Extenuating Circumstances Motion, ECF No. 275-5. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 12, 2021

Filing 281 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit D to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-4. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 12, 2021

Filing 280 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit C to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-3. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 12, 2021

Filing 279 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit B to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-2. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 12, 2021

Filing 278 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of Exhibit A to Plaintiffs' Extenuating Circumstances Motion, ECF No. 275-1. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 12, 2021

Filing 277 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021 re: Enclosing Sealed Version of the Plaintiffs' Extenuating Circumstances Motion, ECF No. 275. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #276 .(McInturff, J. Burkett)

April 12, 2021

Filing 276 LETTER MOTION to Seal Provisionally Portions Plaintiffs' Motion for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders, ECF No. 275, and the Exhibits Thereto addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

April 12, 2021

Filing 275 LETTER MOTION for Discovery Under the Court's "Extenuating Circumstances" Order to Remedy Noom's Violations of the Court's March 4 and March 23, 2021 Orders (PUBLIC REDACTED VERSION) addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated April 12, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G).(McInturff, J. Burkett)

April 12, 2021

Filing 274 MOTION for Ashley K. Corkery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24381419. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Declaration of Ashley K. Corkery in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Corkery, Ashley)

April 12, 2021

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #274 MOTION for Ashley K. Corkery to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24381419. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

April 12, 2021

NOTICE TO COUNSEL: REMINDER of the telephonic Case Management Conference scheduled on 4/15/2021 at 11:00 AM. Please dial(866) 434-5269, Access code: 4858267. re: 248 Scheduling Order.(ca)

April 9, 2021

Filing 273 REPLY MEMORANDUM OF LAW in Support re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 9, 2021

Filing 272 ORDER granting #270 Letter Motion for Extension of Time to File Response/Reply re #270 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Kathar. APPLICATION GRANTED. Responses due by 4/13/2021 (Signed by Magistrate Judge Katharine H. Parker on 4/9/2021) (jca)

April 9, 2021

Filing 271 LETTER MOTION for Conference re: #264 Brief, addressed to Judge Lorna G. Schofield from National Association of Consumer Advocates & Public Justice dated 04/08/21. Document filed by Mojo Nichols..(Gardner, Stephen)

April 9, 2021

Filing 270 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated April 9, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

April 8, 2021

Filing 269 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #271) - MEMORANDUM OF LAW in Support re: #265 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Kathar . Document filed by Mojo Nichols..(Gardner, Stephen) Modified on 4/9/2021 (ldi).

April 7, 2021

Filing 268 ORDER granting #265 Letter Motion for Extension of Time to File Response/Reply. APPLICATION GRANTED. Responses due by 4/9/2021. (Signed by Magistrate Judge Katharine H. Parker on 4/7/2021) (mro)

April 6, 2021

Filing 267 ORDER granting #245 Letter Motion to Seal; granting #256 Letter Motion to Seal; granting #263 Letter Motion to Seal. It is hereby ORDERED that, parties' respective applications to approve redactions are GRANTED. The unredacted versions of Plaintiffs' Memorandum of Law and Plaintiffs' objections filed at Dkt. Nos. 246 and 264 will remain sealed, and only the parties and individuals identified in the attached Appendix A of the letters at Dkt. Nos. 245 and 263 will have access. Filing the above-referenced documents in redacted form is necessary to prevent the unauthorized dissemination of confidential business information. It is further ORDERED that, by April 20, 2021, Defendants shall file a response to Plaintiffs' objections to Judge Parker's discovery order not to exceed 25 double spaced pages. No reply shall be filed unless requested by the Court. The parties are advised that the Court retains unfettered discretion whether or not to afford confidential treatment to any Confidential Document or information contained in any Confidential Document submitted to the Court in connection with any motion, application, or proceeding that may result in an order and/or decision by the Court. The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 245, 256, 263. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/6/2021) (cf)

April 6, 2021

Filing 266 LETTER addressed to Judge Lorna G. Schofield from Aarti Reddy dated April 6, 2021 re: Nooms Letter in Support of Plaintiffs Letter Motion to Seal/Redact Materials in Plaintiffs Objection, ECF No. 263. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 5, 2021

Filing 265 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated April 5, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

April 3, 2021

Filing 264 ***SELECTED PARTIES*** BRIEF --SEALED VERSION-- Objecting Pursuant to FRCP 72(a) to Magistrate Judge Katharine Parker's March 11, 2021 Discovery Order Concerning Production of Hyperlinked Internal Documents, ECF No. 239. Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov.Motion or Order to File Under Seal: #263 .(Wittels, Steven)

April 3, 2021

Filing 263 LETTER MOTION to Seal Redacted Portions of Plaintiffs' FRCP 72(a) Objections (ECF No. 260) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated April 2, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

April 2, 2021

Filing 262 NOTICE of Declaration of Douglas E. Forrest in Support of FRCP 72(a) Objection re: #260 Brief,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

April 2, 2021

Filing 261 NOTICE of Declaration of J. Burkett McInturff in Support of FRCP 72(a) Objection re: #260 Brief,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3).(McInturff, J. Burkett)

April 2, 2021

Filing 260 BRIEF --PUBLIC REDACTED VERSION-- Objecting Pursuant to FRCP 72(a) to Magistrate Judge Katharine Parker's March 11, 2021 Discovery Order Concerning Production of Hyperlinked Internal Documents, ECF No. 239. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

April 1, 2021

Filing 259 ***SELECTED PARTIES*** LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. Document filed by Artem Petakov, Noom Inc., Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Notice)Motion or Order to File Under Seal: #258 .(Reddy, Aarti)

April 1, 2021

Filing 258 LETTER MOTION to Seal /Redact Portions of Exhibit 2 Attached to ECF No. 257 - Letter Motion for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

April 1, 2021

Filing 257 LETTER MOTION for Discovery / Request to Reconsider Order Granting 30(b)(6) Deposition to Take Discovery on Unpled Claims addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated April 1, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Letter, #3 Exhibit 3 - Notice).(Reddy, Aarti)

April 1, 2021

Filing 256 LETTER MOTION to Seal /Redact Confidential Information in Plaintiffs' Memorandum of Law in Support of Their Opposition to Defendants' Motion to Dismiss Plaintiffs' Third Amended Class Action Complaint (ECF No. 244). addressed to Judge Lorna G. Schofield from Aarti Reddy dated April 1, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

March 26, 2021

Filing 255 DECLARATION of Dominique M. Hanssens in Opposition re: #241 LETTER MOTION to Compel Defendants to Adopt Plaintiffs' Transparent and Unbiased Protocol for Sampling Defendants' Three Separate Customer Communications Repositories addressed to Magistrate Judge Katharine H. Parker from J. Burk. Document filed by Noom Inc., Artem Petakov..(Low, Charles)

March 26, 2021

Filing 254 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Charles Low dated March 26, 2021 re: #241 LETTER MOTION to Compel Defendants to Adopt Plaintiffs' Transparent and Unbiased Protocol for Sampling Defendants' Three Separate Customer Communications Repositories addressed to Magistrate Judge Katharine H. Parker from J. Burk . Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Chart).(Low, Charles)

March 26, 2021

Filing 253 ORDER granting in part and denying in part #249 Letter Motion for Extension of Time. The application is GRANTED in part. The deadline for Plaintiffs to file their objection to Judge Parker's Order at Dkt. No. 239 is hereby extended to April 2, 2021. (Signed by Judge Lorna G. Schofield on 3/26/2021) (cf)

March 26, 2021

Filing 252 MEMO ENDORSEMENT on re: #245 LETTER MOTION to Seal Redacted Portions of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Third Amended Class Action Complaint (ECF No. 244) addressed to Judge Lorna G. Schofield from Steven L. Wittels filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer ENDORSEMENT: By April 2, 2021, Defendants shall file a response to this letter not to exceed 3 single-spaced pages. (Responses due by 4/2/2021) (Signed by Judge Lorna G. Schofield on 3/26/2021) (cf)

March 25, 2021

Filing 251 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 3/23/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)

March 25, 2021

Filing 250 TRANSCRIPT of Proceedings re: Telephone Conference held on 3/23/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/15/2021. Redacted Transcript Deadline set for 4/26/2021. Release of Transcript Restriction set for 6/23/2021..(kv)

March 24, 2021

Filing 249 FIRST LETTER MOTION for Extension of Time Under Rule 72(a) of the Federal Rules of Civil Procedure to Object to Magistrate Judge Parker's March 11, 2021 Order Concerning Production of Hyperlinked Internal Documents (ECF No. 239) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated March 24, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

March 23, 2021

Filing 248 SCHEDULING AND DISCOVERY RULINGS ORDER: The case management conference on 4/13/2021 is rescheduled to 4/15/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker. The parties should dial into Judge Parker's ATT line. The agenda letter in advance of this conference shall discuss the results of the parties' meet and confer on search terms only and be filed by 4/14/2021 at 5:00 p.m. EST. The Court made numerous rulings on outstanding discovery disputes during today's conference. The parties are directed to the transcript from today's conference for those rulings. (HEREBY ORDERED by Magistrate Judge Katharine H. Parker) (Text Only Order) (Parker, Katharine)

March 23, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference/ Discovery Hearing/ Status Conference held on 3/23/2021: See transcript for details. AT&T Conference line. (ca)

March 23, 2021

NOTICE TO COUNSEL: REMINDER of telephonic case management conference scheduled on March 23, 2021 at 10:00 a.m. Please call (866) 434-5269; access code: 4858267 re: #229 Order.(ca)

March 22, 2021

Filing 247 PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the March 23, 2021 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

March 20, 2021

Filing 246 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Opposition re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. (Sealed Version). Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. Motion or Order to File Under Seal: #245 .(Wittels, Steven)

March 20, 2021

Filing 245 LETTER MOTION to Seal Redacted Portions of Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion to Dismiss Third Amended Class Action Complaint (ECF No. 244) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated March 20, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

March 20, 2021

Filing 244 MEMORANDUM OF LAW in Opposition re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. (Redacted Public Version). Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

March 19, 2021

Filing 243 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 19, 2021 re: Nooms agenda items and discovery issues Noom wishes to address at the March 23, 2021 conference.. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1: Summary of Nooms Search Term Reports, #2 Exhibit 2: Gmail Search Term Report, #3 Exhibit 3: Google Shared Drive Search Term Report, #4 Exhibit 4: Slack Search Term Report, #5 Exhibit 5: Google Calendar Search Term Report, #6 Exhibit 6: Guru Search Term Report, #7 Exhibit 7: Plaintiffs Proposed Search Terms).(Reddy, Aarti)

March 12, 2021

Filing 242 DECLARATION of Alexander Vekker, PhD in Support re: #241 LETTER MOTION to Compel Defendants to Adopt Plaintiffs' Transparent and Unbiased Protocol for Sampling Defendants' Three Separate Customer Communications Repositories addressed to Magistrate Judge Katharine H. Parker from J. Burk. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

March 12, 2021

Filing 241 LETTER MOTION to Compel Defendants to Adopt Plaintiffs' Transparent and Unbiased Protocol for Sampling Defendants' Three Separate Customer Communications Repositories addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated March 12, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

March 12, 2021

Filing 240 DISCOVERY ORDER CONCERNING MODIFICATION OF PROTECTIVE ORDER denying without prejudice #209 Motion to Amend/Correct. For the reasons set forth above, Plaintiffs' letter motion at ECF No. 209 is DENIED WITHOUT PREJUDICE. (Signed by Magistrate Judge Katharine H. Parker on 3/12/2021) (mro)

March 11, 2021

Filing 239 DISCOVERY ORDER CONCERNING PRODUCTION OF HYPERLINKED INTERNAL DOCUMENTS denying #214 Letter Motion for Conference. For the reasons set forth above, Plaintiffs' letter motion at ECF No. 214 is DENIED. Defendants' related request for attorneys' fees generated in responding to Plaintiffs' letter motion is also DENIED. (Signed by Magistrate Judge Katharine H. Parker on 3/11/2021) (mro)

March 8, 2021

Filing 238 ORDER TO SEAL granting #187 Letter Motion to Seal. Accordingly, the Court respectfully requests that the Clerk of Court ensure that the documents filed at ECF Nos. 188-191 remain under seal, with access limited to the parties and the Court. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2021) (mro)

March 8, 2021

Filing 237 ORDER granting #223 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 198 should be redacted, but only to the limited extent that Defendants propose. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter as soon as is practicable. The parties are free to appeal to the Court if an additional order granting the redaction request becomes necessary. (Signed by Magistrate Judge Katharine H. Parker on 3/8/2021) (mro)

March 8, 2021

Filing 236 DECLARATION of Douglas E. Forrest in Support re: #214 LETTER MOTION for Conference to Clarify the Court's Orders Regarding Child Documents Attached or Embedded via Hyperlink to Parent Emails or Documents, Requested Pursuant to the Court's "Extenuating Circumstances" Discovery Mot. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)

March 8, 2021

Filing 235 ORDER granting #233 Letter Motion for Extension of Time to File Response/Reply re #233 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #230 Order on Motion for Extension of Time to File Response/Reply,, Requesting Correction of Defendants' Reply Brief Deadline addressed to Judge Lorna G. Schofield. The application is GRANTED. The deadlines listed above are adopted as an Order of the Court. Responses due by 3/19/2021 Replies due by 4/9/2021. (Signed by Judge Lorna G. Schofield on 3/8/2021) (cf)

March 5, 2021

Filing 234 ORDER granting #228 Letter Motion for Extension of Time. APPLICATION GRANTED. Motions due by 3/12/2021. (Signed by Magistrate Judge Katharine H. Parker on 3/5/2021) (mml)

March 5, 2021

Filing 233 CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to #230 Order on Motion for Extension of Time to File Response/Reply,, Requesting Correction of Defendants' Reply Brief Deadline addressed to Judge Lorna G. Schofield from Steven L. Wittels dated 03-05-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

March 5, 2021

Set/Reset Deadlines: Responses due by 3/26/2021. (mml)

March 4, 2021

Set/Reset Hearings: Status Conference set for 4/13/2021 at 11:00 AM before Magistrate Judge Katharine H. Parker. (mro)

March 4, 2021

Filing 232 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 3/4/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)

March 4, 2021

Filing 231 TRANSCRIPT of Proceedings re: Telephone Conference held on 3/4/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/25/2021. Redacted Transcript Deadline set for 4/5/2021. Release of Transcript Restriction set for 6/2/2021..(kv)

March 4, 2021

Filing 230 ORDER granting #227 Letter Motion for Extension of Time to File Response/Reply re #227 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss Plaintiffs' Third Amended Class Complaint (ECF No. 204) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated 03-04-21. The application is GRANTED. The deadline for Plaintiffs to file their response is hereby extended to March 19, 2021. The deadline for Defendants to file their reply is hereby extended to April 2, 2021. Responses due by 3/19/2021 Replies due by 4/2/2021. (Signed by Judge Lorna G. Schofield on 3/4/2021) (cf)

March 4, 2021

Filing 229 POST-CONFERENCE ORDER: Consistent with the telephonic case management conference held on March 4, 2021 in the above-captioned matter, the parties are directed and advised as follows: Scheduling: A telephonic case management conference is hereby scheduled to take place on March 23, 2021 at 10:00 a.m. Counsel for the parties are directed to call (866) 434-5269; access code: 4858267 at the scheduled time. Further, the conference previously scheduled to take place on April 8, 2021 in this case is hereby adjourned to April 13, 2021 at 11:00 a.m. Counsel should also use the dial-in information outlined above for this conference. Plaintiffs will be permitted to submit a declaration in support of their motion to clarify the Court's orders regarding the production of hyperlinks. (See ECF No. 214.) As noted on the record, Plaintiffs must submit this supplemental declaration by no later than March 8, 2021. Once received, the Court will issue a ruling on this motion in due course. As discussed, in order to accelerate the production of documents, counsel for Noom should investigate whether Noom's already-designated custodians can easily identify documents that are likely responsive to Plaintiffs' discovery requests, prior to application of search terms. To the extent that these custodians can identify any such documents that can be efficiently collected and produced, Noom should endeavor to prioritize their review and production. Further, the deadline for finalizing search terms is March 23, 2021. The parties should prioritize this over additional custodians because additional custodians can be added later, if reasonable to add them. The parties shall be prepared to report on a proposed prioritization of topics from custodians that will be reviewed and produced on a rolling basis and an anticipated timeline for the production of those documents at the March 23, 2021 conference. The parties are directed to the conference transcript for other rulings and directives of the Court. ( Telephone Conference set for 3/23/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 3/4/2021) (mro) Modified on 3/5/2021 (mro).

March 4, 2021

Filing 228 CONSENT LETTER MOTION for Extension of Time to File Plaintiffs' Motion to Compel Previously Ordered by the Court, see ECF Nos. 195 and 218 addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated 03-04-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

March 4, 2021

Filing 227 CONSENT LETTER MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss Plaintiffs' Third Amended Class Complaint (ECF No. 204) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated 03-04-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

March 4, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: Case Management Conference held on 3/4/2021, Discovery Hearing held on 3/4/2021.See transcript for details.AT&T Conference line. (ca)

March 3, 2021

NOTICE TO COUNSEL: REMINDER of the telephonic Case Management Conference scheduled for Thursday, March 4, 2021 at 10:00 a.m. Please dial: (866)434-5269, access code: 4858267 re: #85 Order.(ca)

March 2, 2021

Filing 226 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 2, 2021 re: #214 LETTER MOTION for Conference to Clarify the Court's Orders Regarding Child Documents Attached or Embedded via Hyperlink to Parent Emails or Documents, Requested Pursuant to the Court's "Extenuating Circumstances" Discovery Mot . Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-2018-09-17 DI No. 192 Discovery Letter Order, #2 Exhibit B-Declaration of Stephen Gresch-Noom).(Reddy, Aarti)

March 2, 2021

Filing 225 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 2, 2021 re: Agenda for March 4, 2021, Conference. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

March 2, 2021

Filing 224 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 1, 2021 re: Defendants Noom, Inc and Artem Petakov letter motion to redact and seal two portion of the January 29, 2021 Hearing Transcript, (ECF No. 198). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. (Attachments: #1 1 - [Sealed] January 29, 2021 Hearing Transcript)Motion or Order to File Under Seal: #223 .(Reddy, Aarti)

March 2, 2021

Filing 223 LETTER MOTION to Seal : Defendants Noom, Inc and Artem Petakov letter motion to redact and seal two portion of the January 29, 2021 Hearing Transcript, (ECF No. 198) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated March 1, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 #1 - Redacted January 29, 2021 Hearing Transcript).(Reddy, Aarti)

February 26, 2021

Filing 222 DECLARATION of Aarti G. Reddy in Opposition re: #209 MOTION to Amend/Correct #58 Protective Order .. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1 - Email, #2 Exhibit 2 - Screenshot).(Reddy, Aarti)

February 26, 2021

Filing 221 MEMORANDUM OF LAW in Opposition re: #209 MOTION to Amend/Correct #58 Protective Order . . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

February 26, 2021

Filing 220 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #209 MOTION to Amend/Correct #58 Protective Order . . Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov. Motion or Order to File Under Seal: #219 .(McInturff, J. Burkett)

February 26, 2021

Filing 219 JOINT LETTER MOTION to Seal Setting Forth the Parties' Positions Regarding Defendants' Request to Seal Portions of Plaintiffs' Memorandum of Law in Support of their Motion to Modify the Stipulated Protective Order, ECF No. 210 addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 02-26-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

February 24, 2021

Filing 218 ORDER granting #215 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/24/2021) (mro)

February 24, 2021

Set/Reset Deadlines: Motions due by 3/5/2021. Responses due by 3/19/2021 (mro)

February 23, 2021

Filing 217 ORDER granting #178 Motion for Colin S. Scott to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)

February 23, 2021

Filing 216 ORDER granting #177 Motion for Joseph D. Mornin to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)

February 23, 2021

Filing 215 LETTER MOTION for Extension of Time to File Response to ECF No. (214) and Request for Extension of Plaintiffs Deadline to File Their Motion to Compel Previously Ordered by the Court ECF No. (195) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated Feburary 23, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

February 19, 2021

Filing 214 LETTER MOTION for Conference to Clarify the Court's Orders Regarding Child Documents Attached or Embedded via Hyperlink to Parent Emails or Documents, Requested Pursuant to the Court's "Extenuating Circumstances" Discovery Motion Order, ECF No. 145 addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated February 19, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A).(Wittels, Steven)

February 17, 2021

Filing 213 ORDER granting #212 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 2/17/2021) (mro)

February 17, 2021

Filing 212 LETTER MOTION for Extension of Time to File Response to Plaintiffs Motion to Modify the Stipulated Protective Order (ECF No. 209) addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated February 17, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

February 17, 2021

Set/Reset Deadlines: Responses due by 2/26/2021 (mro)

February 16, 2021

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #211 Proposed Order, was reviewed and approved as to form. (dt)

February 12, 2021

Filing 211 PROPOSED ORDER. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. Related Document Number: #209 ..(Wittels, Steven) Proposed Order to be reviewed by Clerk's Office staff.

February 12, 2021

Filing 210 MEMORANDUM OF LAW in Support re: #209 MOTION to Amend/Correct #58 Protective Order . . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

February 12, 2021

Filing 209 MOTION to Amend/Correct #58 Protective Order . Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

February 12, 2021

Filing 208 PROPOSED ORDER. Document filed by Noom Inc., Artem Petakov. Related Document Number: #204 ..(Reddy, Aarti) Proposed Order to be reviewed by Clerk's Office staff.

February 12, 2021

Filing 207 DECLARATION of Aarti Reddy in Support re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint.. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A - Order).(Reddy, Aarti)

February 12, 2021

Filing 206 ***SELECTED PARTIES*** MEMORANDUM OF LAW in Support re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. . Document filed by Artem Petakov, Noom Inc., Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. Motion or Order to File Under Seal: #171 .(Reddy, Aarti)

February 12, 2021

Filing 205 MEMORANDUM OF LAW in Support re: #204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

February 12, 2021

Filing 204 MOTION to Dismiss Plaintiffs' Third Amended Complaint. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

February 11, 2021

Filing 203 LETTER RESPONSE to Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated February 11, 2021 re: #187 JOINT LETTER MOTION to Seal Provisionally Portions of the Parties' Joint Status Letter, ECF No. 186, and Certain Exhibits thereto addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21. - The Parties' Joint Letter Pursuant to Judge Parker's Individual Rule III.d Setting forth Their Positions on the Disputes Regarding Defendants' Request to Seal Portions of ECF No. 186, and Certain Exhibits Thereto. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2).(McInturff, J. Burkett)

February 9, 2021

Filing 202 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 2/4/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)

February 9, 2021

Filing 201 TRANSCRIPT of Proceedings re: Telephone Conference held on 2/4/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/2/2021. Redacted Transcript Deadline set for 3/12/2021. Release of Transcript Restriction set for 5/10/2021..(kv)

February 9, 2021

Filing 200 ORDER denying #153 Letter Motion for Conference. Plaintiffs application is DENIED for substantially the same reasons identified at the telephone conference on December 17, 2020, and in Defendants' letter at Dkt. No. 180. SO ORDERED. (Signed by Judge Lorna G. Schofield on 2/8/21) (yv)

February 8, 2021

Filing 199 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/29/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(kv)

February 8, 2021

Filing 198 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/29/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/1/2021. Redacted Transcript Deadline set for 3/11/2021. Release of Transcript Restriction set for 5/10/2021..(kv)

February 8, 2021

Filing 197 ORDER: It is hereby ORDERED that the pre-motion conference set for February 11, 2021, at 10:30 A.M. (see Dkt. No. 32) is canceled. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 2/8/2021) (cf)

February 8, 2021

Filing 196 LETTER REPLY to Response to Motion addressed to Judge Lorna G. Schofield from Steven L. Wittels dated February 8, 2021 re: #153 LETTER MOTION for Conference Regarding Plaintiffs' Renewed Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. - Correcting Inaccuracies in Defendants' Third Opposition Letter [ECF No. 180]. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

February 5, 2021

Filing 195 DISCOVERY ORDER: Consistent with the telephonic case management conference held on February 4, 2021 in the above-captioned matter, the parties are directed and advised as follows: Plaintiffs request modification of the protective order in this case (ECF No. 58) to allow them to use discovery from this case in a forthcoming state court injunctive action. The Court requests further briefing on this issue. Plaintiffs should file their formal motion and accompanying brief by no later than February 12, 2021. Defendants' opposition is due on February 19, 2021. No reply will be permitted. Further, the parties are directed to meet and confer on the issue of sampling documents from the Zendesk platform. The Court notes that additional, related issues were raised concerning the UserVoice platform. If the parties are unable to resolve the outstanding discovery disputes related to production of data from these databases, Plaintiffs will be permitted to file a motion to compel and an accompanying brief, not to exceed six pages in length, by February 25, 2021. Noom's opposition will be due on March 11, 2021. No reply will be permitted; as further set forth herein. The parties are directed to the conference transcript for other rulings and directives of the Court. ( Brief due by 2/25/2021., Motions due by 2/25/2021., Responses due by 3/11/2021) (Signed by Magistrate Judge Katharine H. Parker on 2/5/2021) (mro)

February 4, 2021

Filing 194 ORDER SCHEDULING SETTLEMENT CONFERENCE: The Case Management Conference in this matter scheduled for Thursday, May 13, 2021 at 10:00 a.m. is hereby converted to a telephonic settlement conference. Counsel for the parties are directed to call Judge Parker's court conference line at the scheduled time. Please dial (866) 434-5269, Access code: 4858267. Corporate parties must send the person with decision making authority to settle the matter to the conference. The parties are instructed to complete the Settlement Conference Summary Report and prepare pre-conference submissions in accordance with the Judge Parker's Individual Rules of Practice, except that the parties shall be permitted up to 5 pages excluding exhibits and any preliminary proposed term sheets. Pre-conference submissions must be received by the Court no later than May 6, 2021 by 5:00 p.m. ( Telephone Conference set for 5/13/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 2/4/2021) (mro)

February 4, 2021

Filing 193 ORDER: Consistent with the Notice of Voluntary Dismissal filed at ECF No. 93 in this case, many of the previously named Plaintiffs have been dismissed from this action, without prejudice. Accordingly, the Court respectfully requests that the Clerk of the Court update the case caption and case information on the docket to reflect the named plaintiffs listed in the Third Amended Complaint at ECF No. 174. Elvera Honore (Individually and on Behalf of All Others Similarly Situated), Geraldine Mahood (Individually and on Behalf of All Others Similarly Situated), Alexandra Burwood (Individually and on Behalf of All Others Similarly Situated) and Melissa Cuevas (Individually and on Behalf of All Others Similarly Situated) terminated. (Signed by Magistrate Judge Katharine H. Parker on 2/4/2021) (mro)

February 4, 2021

Filing 192 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated February 4, 2021 re: Noom's Proposed Agenda and Position Statements for February 4, 2021 Telephonic Case Management Conference. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit).(Reddy, Aarti)

February 4, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 2/4/2021. AT&T Conference Line. (ca)

February 3, 2021

Filing 191 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21 re: Enclosing Sealed Version of Ex. E to the Parties' Joint Status Letter, ECF No. 186-5. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #187 .(Hunter, Jessica)

February 3, 2021

Filing 190 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21 re: Enclosing Sealed Version of Ex. D to the Parties' Joint Status Letter, ECF No. 186-4. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #187 .(Hunter, Jessica)

February 3, 2021

Filing 189 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21 re: Enclosing Sealed Version of Ex. C to the Parties' Joint Status Letter, ECF No. 186-3. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #187 .(Hunter, Jessica)

February 3, 2021

Filing 188 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21 re: Enclosing Sealed Version of the Parties' Joint Status Letter, ECF No. 186. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #187 .(Hunter, Jessica)

February 3, 2021

Filing 187 JOINT LETTER MOTION to Seal Provisionally Portions of the Parties' Joint Status Letter, ECF No. 186, and Certain Exhibits thereto addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 2-3-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

February 3, 2021

Filing 186 JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the February 4, 2021 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit 1).(McInturff, J. Burkett)

February 3, 2021

Filing 185 ORDER granting #179 Letter Motion for Leave to File Excess Pages. The application is GRANTED. Defendants' Motion to Dismiss and Plaintiffs' Opposition, respectively, shall not exceed 30 pages. (Signed by Judge Lorna G. Schofield on 2/2/2021) (cf)

February 2, 2021

Filing 184 ORDER granting #181 Letter Motion to Seal. Per the below, the Court respectfully requests that the Clerk of the Court place the documents filed at ECF No. 182 permanently under seal, limiting access to the Court and the parties. Accordingly, the Clerk of the Court should also terminate the pending motion at ECF No. 181. (Signed by Magistrate Judge Katharine H. Parker on 2/2/2021) (nb)

February 2, 2021

Filing 183 REDACTION of #147 Transcript. (kv)

February 1, 2021

Filing 182 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Michael G. Rhodes dated February 1, 2021 re: Unredacted Version of Noom Inc.s Opposition to Plaintiffs Second Request to Establish Bellwether Proceeding. Document filed by Maryanne Deracleo, Artem Petakov, Elvera Honore, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Geraldine Mahood, Stacy Spencer, Rebecca Richards, Jennifer Sellers, Melissa Cuevas, Alexandra Burwood, Duane Dea. (Attachments: #1 Exhibit A- Email Re Plaintiffs' Application to Amend the Protective Order)Motion or Order to File Under Seal: #181 .(Rhodes, Michael)

February 1, 2021

Filing 181 LETTER MOTION to Seal portions of Nooms Opposition to Plaintiffs Second Request to Establish Bellwether Proceeding. (ECF No. 180). addressed to Judge Lorna G. Schofield from Aarti Reddy dated February 1, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

February 1, 2021

Filing 180 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Michael G. Rhodes dated February 1, 2021 re: #153 LETTER MOTION for Conference Regarding Plaintiffs' Renewed Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. . Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A- Email Re Plaintiffs' Application to Amend the Protective Order).(Rhodes, Michael)

February 1, 2021

Filing 179 JOINT LETTER MOTION for Leave to File Excess Pages addressed to Judge Lorna G. Schofield from Aarti Reddy dated February 1, 2021. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

February 1, 2021

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #178 MOTION for Colin S. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23755954. Motion and supporting papers to be reviewed by Clerk's Office staff., #177 MOTION for Joseph D. Mornin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23754619. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea)

January 29, 2021

Filing 178 MOTION for Colin S. Scott to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23755954. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Declaration of Colin S. Scott In Support of Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Scott, Colin)

January 29, 2021

Filing 177 MOTION for Joseph D. Mornin to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-23754619. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Declaration of Joseph D. Mornin In Support of Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Mornin, Joseph)

January 29, 2021

Filing 176 DISCOVERY ORDER: Consistent with the telephonic case management conference held on January 29, 2021 in the above-captioned matter, the parties are directed and advised as follows: The Court has reviewed the parties' extensive submissions with respect to discovery disputes arising out of Plaintiffs' requests for production (the "Requests") and Defendants' related application for a protective order with respect to certain Requests. Indeed, the Court previously ruled on many of these issues. (See ECF No. 145.) Having reviewed additional Requests and considered the parties' positions on those issues, the Court finds that many of Plaintiffs' Requests are not tailored in a manner consistent with Rule 26 and Rule 34 of the Federal Rules insofar as they are overbroad and seek information disproportionate to the needs of the case. Accordingly, the Court grants Defendants' application for a protective order with respect to Request numbers 10, 50, 51, and 57. Moreover, the Court finds that certain Requests should be narrowed. Accordingly, Noom should respond to Request 52 and 53, but only to an extent consistent with the Court's directives made clear at the January 29, 2021 conference. Specifically, with respect to Request number 49, the Court notes that the request is overbroad and that Noom will not be required to produce documents beyond what it is already required to produce in response to Requests 31 and 33. The Court has reviewed the parties' submissions and heard oral argument on Defendant Noom's motion to compel additional responses to the Meyer subpoena. (See ECF No. 141.) For the reasons stated at the January 29 conference, Noom's motion is DENIED. Letter Submissions to the Court The Court reminds the parties that they are to submit a joint letter not to exceed 6 pages in length by 12:00 p.m. on February 3, 2021 outlining any remaining Requests that need to be discussed and the outstanding discovery disputes the parties would like the Court to address. This letter will be in lieu of the letter scheduled for February 2, 2021. (Signed by Magistrate Judge Katharine H. Parker on 1/29/2021) (mro)

January 29, 2021

Filing 175 REDACTION to #142 Letter, Exhibit 3 by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer.(McInturff, J. Burkett)

January 29, 2021

Filing 174 THIRD AMENDED COMPLAINT amending #149 Amended Complaint, against John Does, Noom Inc., Artem Petakov with JURY DEMAND.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. Related document: #149 Amended Complaint,. (Attachments: #1 Order Granting Leave to File).(Wittels, Steven)

January 29, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 1/29/2021. AT&T Conference Line. (ca)

January 28, 2021

NOTICE TO COUNSEL: REMINDER of Telephonic Case Management Conference scheduled for 1/29/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. Please dial (866) 434-5269; access code: 4858267 re: #145 Scheduling.(ca)

January 27, 2021

Filing 173 ORDER granting #154 Letter Motion to Seal. The Clerk of Court is respectfully requested to place ECF No. 155 under seal. (Signed by Magistrate Judge Katharine H. Parker on 1/27/2021) (mro)

January 26, 2021

Filing 172 ORDER granting #168 Letter Motion to Seal. The Clerk of Court is requested to place ECF #142-3 under seal. (Signed by Magistrate Judge Katharine H. Parker on 1/26/2021) (mro)

January 26, 2021

Filing 171 ORDER granting #166 Letter Motion to Seal. The Clerk of Court is requested to place ECF #149 under seal. (Signed by Magistrate Judge Katharine H. Parker on 1/26/2021) (mro)

January 26, 2021

Filing 170 ORDER granting #124 Motion for Benjamin F. Johns to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)

January 25, 2021

Filing 169 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 01-25-21 re: Enclosing Sealed Exhibit 3 to Plaintiffs' Pre-Conference Letter, (ECF No. 142-3). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #168 .(Hunter, Jessica)

January 25, 2021

Filing 168 LETTER MOTION to Seal Ex. 3 to Plaintiffs' Pre-Conference Letter, ECF No. 142-3, and for Leave to File Redacted Version addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 01-25-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

January 25, 2021

Filing 167 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 01-25-21 re: enclosing Sealed Version of Plaintiffs' Third Amended Class Action Complaint. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #166 .(Hunter, Jessica)

January 25, 2021

Filing 166 JOINT LETTER MOTION to Seal Plaintiffs' Third Amended Class Action Complaint, ECF No. 149, and Grant Leave to File Redacted Version addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 01-25-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

January 25, 2021

Filing 165 MEMO ENDORSEMENT on re: #161 Response in Opposition to Motion, filed by Artem Petakov, Noom Inc. ENDORSEMENT: By February 1, 2021, Defendants shall file a substantive letter response, not to exceed three single spaced pages, to Plaintiffs' letter motion at Dkt. No. 153. ( Responses due by 2/1/2021) (Signed by Judge Lorna G. Schofield on 1/25/2021) (cf)

January 22, 2021

Filing 164 MEMO ENDORSEMENT on re: #152 Letter filed by Artem Petakov, Noom Inc. ENDORSEMENT: The parties proposed briefing schedule is adopted as an Order of the Court. (Motions due by 2/12/2021., Responses due by 3/12/2021, Replies due by 3/26/2021.) (Signed by Judge Lorna G. Schofield on 1/22/2021) (cf)

January 21, 2021

Filing 163 LETTER addressed to Judge Lorna G. Schofield from Charles Low dated January 21, 2021 re: Defendants letter in support of Plaintiffs January 19, 2021 Letter Motion to Seal Portions of their Letter Motion re Bellwether Process, (ECF No. 154).. Document filed by Noom Inc., Artem Petakov..(Low, Charles)

January 20, 2021

Filing 162 ORDER terminating #150 Letter Motion to Seal. The Court agrees that the transcript at ECF No. 147 should be redacted, but only to the limited extent that Defendants propose. Accordingly, Defendants must submit the Southern District's Redaction Request Form to the Court Reporter by February 4, 2021. The parties are free to appeal to the Court if an additional order granting the redaction request becomes necessary. SO ORDERED.. (Signed by Magistrate Judge Katharine H. Parker on 1/20/2021) (ks)

January 20, 2021

Filing 161 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Michael G. Rhodes dated January 20, 2021 re: #153 LETTER MOTION for Conference Regarding Plaintiffs' Renewed Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. . Document filed by Noom Inc., Artem Petakov..(Rhodes, Michael)

January 20, 2021

Filing 160 ORDER granting #156 Letter Motion to Seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/20/2021) (mro)

January 20, 2021

Filing 159 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 1-20-21 re: Enclosing Sealed Ex 3 to Plaintiffs' Pre-Conference Letter, (ECF No. 142-3). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #156 .(Hunter, Jessica)

January 20, 2021

Filing 158 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 1-20-21 re: Enclosing Sealed Ex 2 to Plaintiffs' Pre-Conference Letter, (ECF No. 142-2). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, John Does, Noom Inc., Susan Brewster, Karen Kelly, Stacy Spencer, Rebecca Richards, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #156 .(Hunter, Jessica)

January 20, 2021

Filing 157 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 1-20-21 re: Enclosing Sealed Ex 1 to Plaintiffs' Pre-Conference Letter, (ECF No. 142-1). Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, John Does, Noom Inc., Susan Brewster, Karen Kelly, Stacy Spencer, Rebecca Richards, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #156 .(Hunter, Jessica)

January 20, 2021

Filing 156 LETTER MOTION to Seal Exhibits to Plaintiffs' Pre-Conference Letter (ECF No. 142) addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 1-20-21. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

January 19, 2021

Filing 155 ***SELECTED PARTIES*** LETTER addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021 re: Unredacted Version of ECF No. 153. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #154 .(Wittels, Steven)

January 19, 2021

Filing 154 LETTER MOTION to Seal Portions of Plaintiffs' January 19, 2021 Letter Motion (ECF No. 153) addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

January 19, 2021

Filing 153 LETTER MOTION for Conference Regarding Plaintiffs' Renewed Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated January 19, 2021. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

January 19, 2021

Filing 152 JOINT LETTER addressed to Judge Lorna G. Schofield from Aarti Reddy dated January 19, 2021 re: [Proposed] Briefing Schedule for Motion to Dismiss. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

January 19, 2021

Filing 151 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated January 19, 2021 re: LETTER MOTION to Seal: Defendants Noom, Inc and Artem Petakov letter motion to redact and seal one portion of the January 12, 2021 Hearing Transcript, (ECF No. 147). Document filed by Maryanne Deracleo, Artem Petakov, Elvera Honore, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Geraldine Mahood, Stacy Spencer, Rebecca Richards, Jennifer Sellers, Melissa Cuevas, Alexandra Burwood, Duane Dea. (Attachments: #1 Unredacted January 12, 2021 Hearing Transcript)Motion or Order to File Under Seal: #150 .(Low, Charles)

January 19, 2021

Filing 150 LETTER MOTION to Seal : Defendants Noom, Inc and Artem Petakov letter motion to redact and seal one portion of the January 12, 2021 Hearing Transcript, (ECF No. 147) addressed to Magistrate Judge Katharine H. Parker from Charles Low dated January 19, 2021. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Redacted January 12, 2021 Hearing Transcript).(Low, Charles)

January 15, 2021

Filing 149 THIRD AMENDED COMPLAINT amending #88 Amended Complaint, against John Does, Noom Inc., Artem Petakov with JURY DEMAND.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea. Related document: #88 Amended Complaint,. (Attachments: #1 Exhibit Order Granting Amendment).(Wittels, Steven)

January 14, 2021

Filing 148 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 1/12/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)

January 14, 2021

Filing 147 TRANSCRIPT of Proceedings re: Telephone Conference held on 1/12/2021 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/14/2021..(rro)

January 13, 2021

Filing 146 ORDER CONCERNING DISCOVERY OF ELECTRONICALLY STORED INFORMATION: Insofar as the parties have not been able to reach full agreement on a protocol for the production of Electronically Stored Information (ESI), the following discovery plan shall govern the search and production of ESI in this matter (the "Discovery Plan" or "Protocol"). The Parties shall cooperate in good faith throughout the matter consistent with the Federal Rules of Civil Procedure, this Order, and the Court's Local Rules and Individual Practices Rules. Nothing in this Discovery Plan shall supersede the provisions of any subsequent Protective Order. The Parties have identified the following sources and categories of ESI that they believe may have relevant information to the Parties' claims or defenses in this matter; as further set forth herein. (Signed by Magistrate Judge Katharine H. Parker on 1/13/2021) (mro)

January 13, 2021

Filing 145 DISCOVERY AND SCHEDULING ORDER: Amended Pleadings due by 1/15/2021. Motion for conditional class certification due by 6/30/2021. Responses due by 8/27/2021 Replies due by 10/22/2021. Fact Discovery due by 12/31/2021. Accordingly, the Court grants Defendants' application for a protective order with respect to Request number 6, 7, 8, 13, 28, 41, 42, and 46. Further, the Court grants Defendants' application for a protective order with respect to Request number 48 insofar as Noom will not be required to produce anything more than what it has already agreed to produce concerning that Request; as further set forth herein. Telephone Conference set for 1/29/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. Counsel for the parties are directed to call the Court's conference line at the scheduled time. Please dial (866) 434-5269; access code: 4858267. (Signed by Magistrate Judge Katharine H. Parker on 1/13/2021) (mro)

January 12, 2021

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 1/12/2021. AT&T Conference Line. (ca)

January 11, 2021

NOTICE TO COUNSEL: REMINDER of Telephonic Case Management Conference scheduled for 1/12/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. Please dial (866) 434-5269, Access Code: 4858267 re: #54 Scheduling Order.(ca)

January 8, 2021

Filing 144 LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated January 8, 2021 re: Plaintiffs' Proposed ESI Protocol. Document filed by Mojo Nichols. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Wittels, Steven)

January 8, 2021

Filing 143 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated January 8, 2021 re: Defendants Proposed ESI Protocol (ECF No. 129). Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1-Proposed ESI Protocol, #2 Exhibit 2-Redline Version of ESI Protocol).(Reddy, Aarti)

January 7, 2021

Filing 142 LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated January 7, 2021 re: Plaintiffs' Pre-Conference Letter. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Wittels, Steven)

January 7, 2021

Filing 141 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated January 7, 2021 re: Noom's Discovery Letter. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit 1-Email Exchange Re Revised ESI Protocol, #2 Exhibit 2-Non-Party Ian Meyers Responses And Objections To Defendant Noom, Inc.s Third-Party Subpoena As Amended).(Reddy, Aarti)

January 7, 2021

Filing 140 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #141) - LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated January 7, 2021 re: Noom's Discovery Letter. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit -1 Email Exchange Regarding Revised ESI Protocol, #2 Exhibit 2-Non-Party Ian Meyers Responses And Objections To Defendant Noom, Inc.s Third-Party Subpoena As Amended).(Reddy, Aarti) Modified on 1/8/2021 (ldi).

January 5, 2021

Filing 139 ORDER: The Clerk of Court is respectfully directed to strike the Order at Dkt. No. 138. (Signed by Judge Lorna G. Schofield on 1/5/2021) (nb)

January 4, 2021

Filing 138 ***STRICKEN DOCUMENT. Document number #138 has been stricken from the case record. The document was stricken from this case pursuant to #139 Order . ORDER. It is hereby ORDERED that, by January 7, 2021, the parties shall file a joint status letter, as outlined in Individual Rule IV.A.2. (Signed by Judge Lorna G. Schofield on 1/4/21) (yv) Modified on 1/5/2021 (nb).

January 4, 2021

NOTICE TO COUNSEL: REMINDER - The next scheduled Case Management Telephone Conference in this matter is scheduled for 1/12/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. Please dial (866) 434-5269, Access Code: 4858267 re: #54 Scheduling Order.(ca)

December 24, 2020

Filing 137 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)

December 24, 2020

Filing 136 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/17/2020 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/14/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/24/2021..(Moya, Goretti)

December 24, 2020

Filing 135 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)

December 24, 2020

Filing 134 TRANSCRIPT of Proceedings re: CONFERENCE held on 12/17/2020 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/14/2021. Redacted Transcript Deadline set for 1/25/2021. Release of Transcript Restriction set for 3/24/2021..(Moya, Goretti)

December 23, 2020

Filing 133 REDACTION to #132 Order on Motion to Seal,,,,,,, #128 Interrogatories, #126 Letter,, Redacted Copy of Defendants' November 24, 2020 Interrogatory Responses by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer.(Hunter, Jessica)

December 22, 2020

Filing 132 ORDER granting #127 Letter Motion to Seal. The Court, having reviewed the parties' request to seal the entirety of the document submitted at ECF No. 128 in the above-captioned case, grants the request in part. The parties are directed to resubmit the letter previously filed at ECF No. 126 with the following redactions only: The third full sentence in Response to Interrogatory No. 1.1; The last sentence of the second full paragraph in Response to Interrogatory No. 1.1; The entirety of the third (and final) paragraph in Response to Interrogatory No. 1.1; The first sentence in Amended Response to Interrogatory No. 1.1; The entirety of the second (and final) paragraph in Amended Response to Interrogatory No. 1.1; The last sentence in Response to Interrogatory No. 1.4; The last sentence in Amended Response to Interrogatory No. 1.4; The last sentence in Response to Interrogatory No. 1.9; The last sentence in Amended Response to Interrogatory No. 1.9; The bulleted list in Response to Interrogatory No. 3.3; The bulleted list in Amended Response to Interrogatory No. 3.3; and The entirety of Exhibit A. Because the request concerns information exchanged in discovery, there is a lesser right to public access to the information. To the extent the parties include the information approved for redaction in dispositive motions or trial exhibits and wish for the information to remain under seal, they will need to reapply for permission under the standard applicable to judicial documents. In the meantime, the Court respectfully requests that the Clerk of Court seal the document filed at ECF No. 128, limiting access to the parties and the Court. (Signed by Magistrate Judge Katharine H. Parker on 12/22/2020) (mro)

December 18, 2020

Filing 131 LETTER addressed to Judge Lorna G. Schofield from Aarti Reddy dated December 18, 2020 re: Defendants letter in support of Plaintiffs December 15, 2020, Letter Motion to Seal Defendants November 24, 2020, Interrogatory Responses (ECF No. 127).. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

December 17, 2020

Filing 130 ORDER: denying without prejudice to renewal #100 Letter Motion for Leave to File Document; denying without prejudice to renewal #110 Letter Motion for Leave to File Document. ORDERED that, for the reasons discussed at the conference, Plaintiffs' request is DENIED without prejudice to renew at a time closer to the end of discovery. If Plaintiffs choose to renew their request, they shall file a new letter motion not to exceed three single spaced pages. It is further ORDERED that, within three business days of Judge Parker's decision on Plaintiffs' anticipated motion for leave to replead, the parties shall file a joint proposed briefing schedule for any motion to dismiss. The filing of the opposition to any such motion must be filed no later than four weeks after the filing of the motion. Any reply must be filed no later than two weeks after the filing of the opposition. The parties are free to shorten the time for briefing in their proposed schedule. The parties are reminded to comply with the Court's Individual Rules applicable to motions. The Clerk of Court is respectfully directed to close the open motions at Dkt. Nos. 100 and 110. (Signed by Judge Lorna G. Schofield on 12/17/2020) (ama)

December 17, 2020

Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 12/17/2020. (Court Reporter Present) (jcs)

December 15, 2020

Filing 129 MEMO ENDORSEMENT on re: #125 Letter, filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: The parties have until January 8, 2021 to submit a proposed ESI protocol with the Court. If the parties have not come to an agreement by that date, the Court will enter its own order. (Signed by Magistrate Judge Katharine H. Parker on 12/15/2020) (rro)

December 15, 2020

Filing 128 ***SELECTED PARTIES***FIRST SET OF INTERROGATORIES to Defendants.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea, Noom Inc., Artem Petakov.Motion or Order to File Under Seal: #127 .(Wittels, Steven)

December 15, 2020

Filing 127 LETTER MOTION to Seal Defendants' November 24, 2020 Interrogatory Responses addressed to Judge Lorna G. Schofield from Steven L. Wittels dated December 15, 2020. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

December 15, 2020

Filing 126 LETTER addressed to Judge Lorna G. Schofield from Steven L. Wittels dated December 15, 2020 re: Enclosing Discovery that Contains Limited Data Plaintiffs Seek to Discuss with Your Honor in Connection with the December 17 Conference on Plaintiffs' Application for a Bellwether Process. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 (Redacted Version of Defendants' Nov. 24 Interrogatory Responses)).(Wittels, Steven)

December 15, 2020

Filing 125 LETTER addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated December 15, 2020 re: Advising the Court of Plaintiffs' Proposed ESI Protocol Revisions and Requesting That the Court Not Endorse the Proposed ESI Protocol Defendants Submitted Without Plaintiffs' Approval. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

December 15, 2020

Filing 124 MOTION for Benjamin F. Johns to Appear Pro Hac Vice ANYSDC-23039609 $200.00 . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Geraldine Mahood. (Attachments: #1 Affidavit of Benjamin F. Johns, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Johns, Benjamin) Modified on 12/15/2020 (bcu).

December 15, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #124 MOTION for Benjamin F. Johns to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

December 14, 2020

Filing 123 INFORMAL DISCOVERY ORDER: The Court having considered the positions of the parties, IT IS HEREBY ORDERED that Plaintiffs and Defendants will conduct all informal discovery in this matter according to the following protocol: Any subpoenas issued in this matter shall be in compliance with the notice requirements set forth in Federal Rule of Civil Procedure Rule 45. Plaintiffs may conduct informal discovery with former Noom employees and independent contractors whose contract has expired ("Former Employees") who are not represented by counsel. All witnesses who are represented by counsel shall be contacted solely through counsel and further set forth in this Order. (Signed by Magistrate Judge Katharine H. Parker on 12/14/2020) (rro)

December 10, 2020

Filing 122 MEMO ENDORSEMENT on re: #105 Letter, filed by Artem Petakov, Noom Inc. ENDORSEMENT: Having reviewed the parties' submissions, the Court hereby grants Noom's request to use Google Vault to export all email attachments, to the extent possible, during discovery in this case. This practice is the industry standard. To the extent that hyperlinks are not exportable via Google Vault, those hyperlinks are not attachments. However, to the extent there is a specific document with a hyperlink that is material to a claim or defense, and to the extent Plaintiffs cannot obtain the document through copying the link in their Internet brower, Plaintiffs may raise the issue with the Court. (Signed by Magistrate Judge Katharine H. Parker on 12/10/2020) (mro)

December 8, 2020

Filing 121 ORDER granting #118 Letter Motion to Seal. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/8/2020) (mro)

December 7, 2020

Filing 120 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated December 7, 2020 re: Outline of Agenda and Discovery Issues Parties Wish to Address at The December 10, 2020 Conference.. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A_Mahood v. Noom - Notice of Third Party Subpoenas, #2 Exhibit B_Noom Slack Channel Listing and ESI Repository Catalog, #3 Exhibit C_Nichols et al. v. Noom Inc. et al - Deficiencies in Noom's Fourth Production, #4 Exhibit D_Revised ESI Protocol, #5 Exhibit E_Revised ESI Protocol).(Reddy, Aarti)

December 7, 2020

Filing 119 ***SELECTED PARTIES***CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 12-07-2020 re: Enclosing Sealed Ex A to Plaintiffs' Sedona Conference Tracking Chart, ECF No. 115-1. Document filed by Maryanne Deracleo, Artem Petakov, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Rebecca Richards, Stacy Spencer, Jennifer Sellers, Duane Dea.Motion or Order to File Under Seal: #118 .(Hunter, Jessica)

December 7, 2020

Filing 118 LETTER MOTION to Seal Noom's Legal Preservation Notice, Ex A to Plaintiffs' Sedona Conference Tracking Chart (Unopposed) addressed to Magistrate Judge Katharine H. Parker from Jessica L. Hunter dated 12-07-2020. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

December 7, 2020

Filing 117 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Aarti Reddy dated December 7, 2020 re: #110 LETTER MOTION for Leave to File Pre-Motion Conference Regarding Plaintiffs' Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated November 25, 2020. . Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

December 3, 2020

Filing 116 LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated December 3, 2020 re: Nooms Proposed RFP Chart Ordered by the Court and Response to Plaintiffs Letter (ECF No. 115). Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Noom's Proposed RFP Chart).(Reddy, Aarti)

December 3, 2020

Filing 115 LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 12-03-2020 re: Plaintiffs' Version of the Sedona Conference RFP Tracking Chart Pursuant to ECF No. 94. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit 1 - Plaintiffs' Version of the Sedona Conference RFP Tracking Chart, #2 Exhibit A to Exhibit 1 - Slip Sheet for Defs' Litigation Hold).(McInturff, J. Burkett)

December 2, 2020

Filing 114 MEMO ENDORSEMENT on re: #112 Letter, filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: The parties shall attend a telephonic conference on December 17, 2020, at 10:30 A.M. to discuss Defendants' request to file a motion to dismiss and Plaintiffs' request to implement a "bellwether" process. The parties shall call (888) 363-4749 and use Access Code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. SO ORDERED. (Telephone Conference set for 12/17/2020 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/2/2020) (jca)

December 1, 2020

Filing 113 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Steve L Wittels dated 12-1-2020 re: Competing Versions of Confidentiality Stipulation and Proposed Orders. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Duane Dea, Maryanne Deracleo, Elvera Honore, Karen Kelly. (Attachments: #1 Exhibit Plaintiffs' Proposed Stipulation, #2 Exhibit Correspondence, #3 Exhibit Defendants' Proposed Stipulation).(Wittels, Steven)

December 1, 2020

Filing 112 LETTER addressed to Judge Lorna G. Schofield from Tiasha Palikovic dated 12-01-2020 re: Pls.' Response to Defs.' Letter Motion for Leave to File Motion to Dismiss (ECF 100). Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Palikovic, Tiasha)

November 30, 2020

Filing 111 MEMO ENDORSEMENT on re: #110 LETTER MOTION for Leave to File Pre-Motion Conference Regarding Plaintiffs' Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated November 25, 2020. filed by Mojo Nichols, Jennifer Sellers, Duane Dea, Karen Kelly, Maryanne Deracleo, Susan Brewster, Rebecca Richards, Stacy Spencer. ENDORSEMENT: By December 7, 2020, Defendants shall file on ECF a response to this pre-motion letter not to exceed 3 single spaced pages. ( Responses due by 12/7/2020) (Signed by Judge Lorna G. Schofield on 11/30/2020) (cf)

November 25, 2020

Filing 110 LETTER MOTION for Leave to File Pre-Motion Conference Regarding Plaintiffs' Application for the Establishment of a Bellwether Process addressed to Judge Lorna G. Schofield from Steven L. Wittels dated November 25, 2020. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

November 25, 2020

Filing 109 ORDER granting #108 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/25/2020) (mro)

November 24, 2020

Filing 108 JOINT LETTER MOTION for Extension of Time to File Joint Confidentiality Stipulation governing informal discovery involving former employees addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated 11/24/2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Duane Dea, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

November 23, 2020

Filing 107 MEMO ENDORSEMENT on re: #103 JOINT LETTER MOTION for Extension of Time to File chart reflecting outstanding disputes regarding Plaintiffs Amended Requests for Production addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated November 20, 2020 filed by Artem Petakov, Noom Inc. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/23/2020) (mro)

November 20, 2020

Filing 106 ORDER granting #103 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/20/2020) (mro)

November 20, 2020

Filing 105 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated November 20, 2020 re: Joint Letter Brief Regarding Email Collection Per Court Order ECF 94. Document filed by Noom Inc., Artem Petakov. (Attachments: #1 Exhibit A-Sims Declaration in Support of Letter Brief, #2 Exhibit B-Ciaramitaro Declaration).(Reddy, Aarti)

November 20, 2020

Filing 104 ORDER denying as moot #60 Motion to Dismiss for Lack of Jurisdiction (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)

November 20, 2020

Filing 103 JOINT LETTER MOTION for Extension of Time to File chart reflecting outstanding disputes regarding Plaintiffs Amended Requests for Production addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated November 20, 2020. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

November 20, 2020

Filing 102 NOTICE OF APPEARANCE by Jessica Hunter on behalf of Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Hunter, Jessica)

November 20, 2020

Filing 101 ORDER with respect to #100 Motion for Leave to File Document. By December 1, 2020, Plaintiffs shall file a response to this letter not to exceed 3 single spaced pages. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/20/2020) (kv)

November 20, 2020

Set/Reset Deadlines: Responses due by 12/1/2020 (kv)

November 19, 2020

Filing 100 LETTER MOTION for Leave to File Motion to Dismiss/ Defendants Pre-Motion Letter Requesting Leave to File Motion to Dismiss Second Amended Complaint addressed to Judge Lorna G. Schofield from Aarti Reddy dated November 19, 2020. Document filed by Noom Inc., Artem Petakov..(Reddy, Aarti)

November 15, 2020

Filing 99 MEMO ENDORSEMENT on re: #98 Letter filed by Noom Inc. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 11/15/2020) (mro)

November 13, 2020

Filing 98 JOINT LETTER addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated November 13, 2020 re: Court Order ECF 94. Document filed by Noom Inc...(Reddy, Aarti)

November 13, 2020

Filing 97 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote case management conference proceeding held on 11/10/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)

November 13, 2020

Filing 96 TRANSCRIPT of Proceedings re: remote case management conference held on 11/10/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/4/2020. Redacted Transcript Deadline set for 12/14/2020. Release of Transcript Restriction set for 2/11/2021..(rro)

November 12, 2020

Filing 95 WAIVER OF SERVICE RETURNED EXECUTED. Artem Petakov waiver sent on 11/9/2020, answer due 1/8/2021. Document filed by Maryanne Deracleo; Mojo Nichols; Susan Brewster; Karen Kelly; Rebecca Richards; Stacy Spencer; Jennifer Sellers; Duane Dea..(Wittels, Steven)

November 10, 2020

Filing 94 DISCOVERY ORDER: Consistent with the telephonic case management conference held today-November 10, 2020-in the above-captioned matter, the parties are directed as follows: The parties raised a dispute with respect to the eDiscovery platform and/or vendor that Defendant Noom should use to export electronic data to a review platform. Defendant proposes using Google Vault. Plaintiffs have raised concerns that Google Vault does not export certain metadata categories that they require. The parties shall meet and confer on this issue and file a joint letter on ECF by Friday, November 13, 2020 updating the Court as to whether the issue has been resolved or, alternatively, setting forth the issue for resolution by the Court. Each side will be permitted no more than 2 pages to set forth its position in the letter; as further set forth herein. The Court hereby extends the Plaintiffs' time to respond to the outstanding subpoena to non-party Meyer until December 15, 2020. Before that deadline, counsel for both parties are directed to meet and confer in order to narrow the scope of the subpoena demands, to the extent appropriate, given the needs of the case. (Signed by Magistrate Judge Katharine H. Parker on 11/10/2020) (mro)

November 10, 2020

Filing 93 NOTICE of VOLUNTARY DISMISSAL WITHOUT PREJUDICE pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, by Plaintiffs Mahood, Burwood, Cuevas, and Honore against Defendant Noom, Inc. Document filed by Alexandra Burwood, Melissa Cuevas, Elvera Honore, Geraldine Mahood..(Wittels, Steven)

November 10, 2020

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 11/10/2020. AT&T Conference Line. (ca)

November 9, 2020

Filing 92 ELECTRONIC SUMMONS ISSUED as to Artem Petakov..(pc)

November 9, 2020

NOTICE TO COUNSEL: REMINDER of Telephonic Case Management Conference scheduled for 11/10/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker. Counsel is directed to call into Judge Parker's AT&T Conference Line at 10:00 AM.Please dial (866)434-5269, Access Code: 4858267 re: #54 Scheduling Order.(ca)

November 6, 2020

Filing 91 EXHIBIT TO PLEADING re: #88 Amended Complaint,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer. (Attachments: #1 Exhibit A, Partial Transcript of October 26, 2020 Proceeding).(Wittels, Steven)

November 5, 2020

Filing 90 JOINT PRE-CONFERENCE STATEMENT Addressed to Judge Parker in Advance of the November 10, 2020 Discovery Conference. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(McInturff, J. Burkett)

November 5, 2020

Filing 89 REQUEST FOR ISSUANCE OF SUMMONS as to Artem Petakov, re: #88 Amended Complaint,. Document filed by Susan Brewster, Duane Dea, Maryanne Deracleo, Karen Kelly, Mojo Nichols, Rebecca Richards, Jennifer Sellers, Stacy Spencer..(Wittels, Steven)

November 5, 2020

Filing 88 SECOND AMENDED COMPLAINT amending #23 Amended Complaint, against Noom Inc., Artem Petakov, John Does with JURY DEMAND.Document filed by Maryanne Deracleo, Mojo Nichols, Susan Brewster, Karen Kelly, Rebecca Richards, Jennifer Sellers, Duane Dea, Stacy Spencer. Related document: #23 Amended Complaint,..(Wittels, Steven) Modified on 11/6/2020 (pc). Modified on 11/9/2020 (pc).

October 29, 2020

Filing 87 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 10/26/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)

October 29, 2020

Filing 86 TRANSCRIPT of Proceedings re: Telephone Conference held on 10/26/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/19/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/27/2021..(rro)

October 26, 2020

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 10/26/2020. AT&T Conference Line. (ca)

October 26, 2020

Filing 85 ORDER SCHEDULING CASE MANAGEMENT CONFERENCES: A series of telephonic Case Management conferences in this matter are hereby scheduled for the following dates. The parties shall file a joint status letter that includes agenda items three business days in advance of each conference. The letters shall be no more than five pages in length. Counsel is directed to call into the court conference line at the scheduled times. Please dial (866) 434-5269 Code: 4858267. Thursday, February 4, 2021 at 10:00 a.m.; Thursday, March 4, 2021 at 10:00 a.m.; Thursday, April 8, 2021 at 10:00 a.m.; Thursday, May 13, 2021 at 10:00 a.m.; Thursday, June 3, 2021 at 10:00 a.m.;Thursday, July 1, 2021 at 10:00 a.m.; Thursday, August 5, 2021 at 10:00 a.m.; Thursday, September 2, 2021 at 10:00 a.m.; Thursday, October 14, 2021 at 10:00 a.m.; Thursday, November 4, 2021 at 10:00 a.m.; Thursday, December 2. 2021 at 10:00 a.m. Telephone Conference set for 2/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 3/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 4/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 5/13/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 6/3/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 7/1/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 8/5/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 9/2/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 10/14/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 11/4/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker., Telephone Conference set for 12/2/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/26/2020) (mro) Modified on 10/26/2020 (ca). Modified on 10/26/2020 (ca). (Main Document 85 replaced on 10/26/2020) (ca). Modified on 1/4/2021 (ca).

October 22, 2020

Filing 84 ORDER granting #83 Letter Motion to Continue. The application is GRANTED. The Order at Dkt. 42 setting the briefing schedule for a motion to dismiss is vacated. (Signed by Judge Lorna G. Schofield on 10/22/2020) (cf)

October 21, 2020

Filing 83 LETTER MOTION to Continue and Vacate Briefing Schedule (ECF No. 42) on Defendants Pending Dismissal Motion (ECF No. 60) because of Plaintiffs Forthcoming Amended Complaint addressed to Judge Lorna G. Schofield from J. Burkett McInturff dated October 21, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)

October 21, 2020

Filing 82 ORDER granting #77 Letter Motion to Seal. Defendant's Motion to Temporarily Seal is GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 10/21/2020) (mro)

October 21, 2020

Filing 81 NOTICE OF APPEARANCE by Steven Dana Cohen on behalf of Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(Cohen, Steven)

October 21, 2020

Filing 80 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote case management conference proceeding held on 10/16/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro)

October 21, 2020

Filing 79 TRANSCRIPT of Proceedings re: remote case management conference held on 10/16/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/12/2020. Redacted Transcript Deadline set for 11/23/2020. Release of Transcript Restriction set for 1/19/2021..(rro)

October 21, 2020

***SEALED DOCUMENT. SEALED document number 72 Transcript. This document has been sealed by Chambers as per Judge Parker's order ECF #82. (ca)

October 20, 2020

Filing 78 ***SELECTED PARTIES*** LETTER addressed to Magistrate Judge Katharine H. Parker from Charles Low dated October 20, 2020 re: 77 SECOND LETTER MOTION to Seal and redact designated portions of October 13, 2020 Hearing Transcript. Document filed by Maryanne Deracleo, Elvera Honore, Mojo Nichols, Noom Inc., Susan Brewster, Karen Kelly, Geraldine Mahood, Rebecca Richards, Jennifer Sellers, Melissa Cuevas, Alexandra Burwood. (Attachments: #1 Proposed Redactions of October 13, 2020 Hearing Transcript before Magistrate Judge Katharine H. Parker)Motion or Order to File Under Seal: #77 .(Low, Charles)

October 20, 2020

Filing 77 SECOND LETTER MOTION to Seal and redact designated portions of October 13, 2020 Hearing Transcript addressed to Magistrate Judge Katharine H. Parker from Charles Low dated October 20, 2020. Document filed by Noom Inc...(Low, Charles)

October 20, 2020

***SEALED DOCUMENT. SEALED document number 65 Letter. The document was SEALED by Chambers as per Judge Parker's Text Only Order. (ca)

October 19, 2020

Filing 75 ORDER granting #69 Letter Motion to Seal (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

October 19, 2020

Filing 74 CONSENT LETTER addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated October 19, 2020 re: Defendant's Lack of Objection to Plaintiffs' Proposal to Stay Further Briefing on Defendant's Letter Motion for Redaction of Joint Letter and October 13, 2020 Hearing Transcript (ECF Nos. 69-70) and to Discuss the Parties' Positions on Sealing at an Upcoming Discovery Conference. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)

October 19, 2020

Filing 73 ORDER FOR ADMISSION PRO HAC VICE granting #64 Motion for Max A. Bernstein to Appear Pro Hac Vice. (Signed by Magistrate Judge Katharine H. Parker on 10/19/2020) (mro)

October 16, 2020

Filing 76 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a remote case management conference proceeding held on 10/13/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(rro)

October 16, 2020

Filing 71 ORDER SCHEDULING CASE MANAGEMENT CONFERENCE: A telephonic Case Management conference in this matter is hereby scheduled for Monday, October 26, 2020 at 4:15 p.m. Counsel is directed to call into the court conference line at the scheduled time. Please dial (866) 434-5269 Code: 4858267. ( Telephone Conference set for 10/26/2020 at 04:15 PM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/16/2020) (mro)

October 16, 2020

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 10/16/2020. AT&T Conference Line. (ca)

October 15, 2020

Filing 70 ***SELECTED PARTIES*** PRE-CONFERENCE STATEMENT Un Redacted Joint Pre-Conference Statement Re DI 65 . Document filed by Noom Inc., Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers.Motion or Order to File Under Seal: #69 .(Reddy, Aarti)

October 15, 2020

Filing 69 LETTER MOTION to Seal : Letter Motion for Redaction of Joint Letter and Hearing Transcript addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated October 15, 2020. Document filed by Noom Inc...(Reddy, Aarti)

October 15, 2020

Filing 68 ORDER granting #67 Letter Motion for Extension of Time to Amend. SO ORDERED. Amended Pleadings due by 10/29/2020. (Signed by Magistrate Judge Katharine H. Parker on 10/15/2020) (mro)

October 15, 2020

Set/Reset Deadlines: Joinder of Parties due by 10/29/2020. (mro)

October 14, 2020

Filing 67 FIRST LETTER MOTION for Extension of Time to Amend Plaintiffs' Class Action Complaint Until October 29, 2020 addressed to Magistrate Judge Katharine H. Parker from Steven L. Wittels dated October 14, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(Wittels, Steven)

October 13, 2020

Filing 66 ORDER SCHEDULING CASE MANAGEMENT CONFERENCE: A telephonic Case Management conference in this matter is hereby scheduled for Friday, October 16, 2020 at 10:00 a.m. Counsel is directed to call into the court conference line at the scheduled time. Please dial (866) 434-5269 Code: 4858267. ( Telephone Conference set for 10/16/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 10/13/2020) (mro)

October 13, 2020

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 10/13/2020.AT&T Conference Line. (ca)

October 2, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #64 MOTION for Max A. Bernstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-21941811. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (wb)

October 1, 2020

Filing 64 MOTION for Max A. Bernstein to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-21941811. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc.. (Attachments: #1 Declaration of Max A. Bernstein In Support of His Motion For Admission Pro Hac Vice, #2 Certificate of Good Standing of Max A. Bernstein, #3 Text of Proposed Order).(Bernstein, Max)

September 25, 2020

***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. #63 Proposed Order was reviewed and approved as to form. (dt)

September 24, 2020

Filing 63 PROPOSED ORDER. Document filed by Noom Inc.. Related Document Number: #60 ..(Reddy, Aarti) Proposed Order to be reviewed by Clerk's Office staff.

September 24, 2020

Filing 62 DECLARATION of John Riccardi, in Support re: #60 MOTION to Dismiss for Lack of Jurisdiction and 12(b)(6) for failure to allege injury-in-fact and failure to state a claim upon which relief can be granted... Document filed by Noom Inc...(Reddy, Aarti)

September 24, 2020

Filing 61 MEMORANDUM OF LAW in Support re: #60 MOTION to Dismiss for Lack of Jurisdiction and 12(b)(6) for failure to allege injury-in-fact and failure to state a claim upon which relief can be granted.. . Document filed by Noom Inc...(Reddy, Aarti)

September 24, 2020

Filing 60 MOTION to Dismiss for Lack of Jurisdiction and 12(b)(6) for failure to allege injury-in-fact and failure to state a claim upon which relief can be granted.. Document filed by Noom Inc...(Reddy, Aarti)

September 24, 2020

Filing 59 STATUS REPORT. (Joint) -- Addressed to Judge Schofield Pursuant to Paragraph 13.a. of the Civil Case Management Plan and Scheduling Order [ECF No. 32] Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)

September 22, 2020

Filing 58 STIPULATION AND PROTECTIVE ORDER:...regarding procedures to be followed that shall govern the handling of confidential material... So Ordered. (Signed by Magistrate Judge Katharine H. Parker on 9/22/2020) (js)

September 22, 2020

Filing 57 PROPOSED STIPULATION AND ORDER. Document filed by Noom Inc...(Reddy, Aarti)

September 14, 2020

Filing 56 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Telephone Conference proceeding held on 9/9/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days.(rro)

September 14, 2020

Filing 55 TRANSCRIPT of Proceedings re: Telephone Conference held on 9/9/2020 before Magistrate Judge Katharine H. Parker. Court Reporter/Transcriber: Darby Ginsberg, (914) 390-4102. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/5/2020. Redacted Transcript Deadline set for 10/15/2020. Release of Transcript Restriction set for 12/14/2020..(rro)

September 10, 2020

Filing 54 DISCOVERY ORDER: The parties shall file a joint letter three business days in advance of each conference outlining an agenda and and any discovery issues to be addressed. The letters should be limited to six pages. The letter should briefly state each party's position on the issues to be addressed. The Court will address ESI discovery protocol disputes and, if time, disputes about the first sets of document requests and interrogatories at the October conference. Counsel for the parties are directed to call into the court conference line on the scheduled dates and at the scheduled times listed above. Please dial (866) 434-5269; Access Code: 4858267. (as further set forth herein). SO ORDERED. Telephone Conference set for 10/13/2020 at 11:30 AM before Magistrate Judge Katharine H. Parker. Telephone Conference set for 11/10/2020 at 10:45 AM before Magistrate Judge Katharine H. Parker. Telephone Conference set for 12/10/2020 at 10:00 AM before Magistrate Judge Katharine H. Parker. Telephone Conference set for 1/12/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker. (Signed by Magistrate Judge Katharine H. Parker on 9/10/2020) (kv)

September 9, 2020

Filing 53 ORDER terminating #48 Motion for Local Rule 37.2 Conference (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 9, 2020

Filing 52 ORDER terminating #36 Motion for Local Rule 37.2 Conference (HEREBY ORDERED by Magistrate Judge Katharine H. Parker)(Text Only Order) (Parker, Katharine)

September 9, 2020

Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker: telephonic Case Management Conference held on 9/9/2020. AT&T Conference Line. (ca)

September 8, 2020

NOTICE TO COUNSEL: REMINDER of the telephonic Case Management conference in this matter that is scheduled for Wednesday, September 9, 2020 at 11:15 a.m. Counsel is directed to call into the court conference line at the scheduled time. Please dial (866) 434-5269 Code: 4858267. re: #34 Order(ca)

September 4, 2020

Filing 51 ORDER granting #49 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 9/4/2020) (rro)

September 4, 2020

Filing 50 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 4, 2020 re: #48 AMENDED LETTER MOTION for Local Rule 37.2 Conference Regarding Outstanding Discovery Matters Plaintiffs Seek to Raise at the September 9 Case Management Conference addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff date . Document filed by Noom Inc.. (Attachments: #1 Exhibit A-Email Re Revised ESI Protocol, #2 Exhibit B- Email Re ESI Protocol, #3 Exhibit C-Email Re Proposed ESI Protocol WMP Redline, #4 Exhibit D-[proposed] ESI DISCOVERY PLAN FOR ELECTRONICALLY STORED INFORMATI).(Reddy, Aarti)

September 3, 2020

Filing 49 SECOND LETTER MOTION for Extension of Time to File the Parties' Joint ESI Protocol Dispute Letter addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated September 3, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)

September 2, 2020

Filing 48 AMENDED LETTER MOTION for Local Rule 37.2 Conference Regarding Outstanding Discovery Matters Plaintiffs Seek to Raise at the September 9 Case Management Conference addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated September 1, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(McInturff, J. Burkett)

September 2, 2020

Filing 47 ORDER granting #46 Letter Motion for Extension of Time to File Response/Reply re #45 LETTER MOTION for Local Rule 37.2 Conference Regarding Outstanding Discovery Matters Plaintiffs Seek to Raise at the September 9 Case Management Conference addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated Septe. Responses due by 9/8/2020. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/2/2020) (rro)

September 1, 2020

Filing 46 LETTER MOTION for Extension of Time to File Response/Reply as to #45 LETTER MOTION for Local Rule 37.2 Conference Regarding Outstanding Discovery Matters Plaintiffs Seek to Raise at the September 9 Case Management Conference addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated Septe addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated September 1, 2020. Document filed by Noom Inc...(Reddy, Aarti)

September 1, 2020

Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #48) LETTER MOTION for Local Rule 37.2 Conference Regarding Outstanding Discovery Matters Plaintiffs Seek to Raise at the September 9 Case Management Conference addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated September 1, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(McInturff, J. Burkett) Modified on 9/2/2020 (lb).

September 1, 2020

Filing 44 ORDER granting #43 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/1/2020) (mro)

August 31, 2020

Filing 43 LETTER MOTION for Leave to File Excess Pages on Plaintiffs' Forthcoming Local Rule 37.2 Letter Motion addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated August 31, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)

August 31, 2020

Filing 42 Vacated as per Judge's Order dated 10/22/2020, Doc. # 84 MEMO ENDORSEMENT on re: #41 Letter, filed by Alexandra Burwood, Rebecca Richards, Elvera Honore, Mojo Nichols, Jennifer Sellers, Melissa Cuevas, Susan Brewster, Maryanne Deracleo, Karen Kelly, Geraldine Mahood. ENDORSEMENT: Defendant shall file the motion to dismiss, not to exceed twenty five (25) pages, by September 24, 2020. Plaintiffs shall file the opposition, not to exceed twenty-five (25) pages by October 23, 2020. Defendant shall file the reply, not to exceed ten (10) pages by November 6, 2020. The parties' submissions shall comply with the Individual Rules except that no courtesy paper copies are required as per the Emergency Individual Rules and Practices at https://www.nysd.uscourts.gov/ hon-lorna-g-schofield. SO ORDERED. ( Motions due by 9/24/2020., Responses due by 10/23/2020, Replies due by 11/6/2020.) (Signed by Judge Lorna G. Schofield on 8/31/2020) (kv) Modified on 10/22/2020 (cf).

August 28, 2020

Filing 41 LETTER addressed to Judge Lorna G. Schofield from Tiasha Palikovic dated 8-28-2020 re: Plts' Response to Def's Letter Motion for Leave to File Motion Dismiss (ECF 31). Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(Palikovic, Tiasha)

August 21, 2020

Filing 40 ORDER granting #38 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/21/2020) (rro)

August 21, 2020

Filing 39 LETTER RESPONSE in Opposition to Motion addressed to Magistrate Judge Katharine H. Parker from Aarti Reddy dated August 21, 2020 re: #36 LETTER MOTION for Local Rule 37.2 Conference from Plaintiffs and the Proposed Class Regarding Defendant's Refusal to Provide Certain Rule 26(f) Disclosures addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated . Document filed by Noom Inc.. (Attachments: #1 Exhibit A - ESI Disclosures).(Reddy, Aarti)

August 21, 2020

Filing 38 CONSENT LETTER MOTION for Extension of Time to File the Parties' Joint ESI Protocol Dispute Letter addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated August 21, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)

August 20, 2020

Filing 37 ORDER granting #35 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. The deadline for Plaintiffs to file in ECF a response to Defendant's pre-motion letter (Dkt. 31) and a joint proposed briefing schedule is hereby extended from August 21, 2020 to August 28, 2020. Responses due by 8/28/2020 (Signed by Judge Lorna G. Schofield on 8/20/2020) (cf)

August 19, 2020

Filing 36 LETTER MOTION for Local Rule 37.2 Conference from Plaintiffs and the Proposed Class Regarding Defendant's Refusal to Provide Certain Rule 26(f) Disclosures addressed to Magistrate Judge Katharine H. Parker from J. Burkett McInturff dated August 19, 2020. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers..(McInturff, J. Burkett)

August 18, 2020

Filing 35 LETTER MOTION for Extension of Time to File Response/Reply to Defendant's Letter Motion for Pre-Motion Conference re Defendant's Motion to Dismiss addressed to Judge Lorna G. Schofield from Plaintiffs. Document filed by Geraldine Mahood..(Palikovic, Tiasha)

August 14, 2020

Filing 34 ORDER SCHEDULING CASE MANAGEMENT CONFERENCE: This case has been referred to me for General Pretrial supervision (including scheduling, discovery, non-dispositive pretrial motions, and settlement: ECF #29). A telephonic Case Management conference in this matter is hereby scheduled for Wednesday, September 9, 2020 at 11:15 a.m. Counsel is directed to call into the court conference line at the scheduled time. Please dial (866) 434-5269 Code: 4858267. SO ORDERED. (Telephone Conference set for 9/9/2020 at 11:15 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 8/14/2020) (jca)

August 14, 2020

Filing 33 MEMO ENDORSEMENT on re: #31 LETTER MOTION for Leave to File Motion to Dismiss/ Defendant's Pre-Motion Letter Requesting Leave to File Motion to Dismiss First Amended Complaint addressed to Judge Lorna G. Schofield from Aarti Reddy dated August 13, 2020. filed by Noom Inc. ENDORSEMENT: Plaintiffs shall, by August 21, 2020, file a response to this pre-motion letter, including a jointly proposed briefing schedule. The proposed briefing schedule will not count towards the page limit as provided in the Individual Rules. (Responses due by 8/21/2020) (Signed by Judge Lorna G. Schofield on 8/14/2020) (cf)

August 14, 2020

Filing 32 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: All parties do not consent to conducting all further proceedings before a United States Magistrate Judge, including motions and trial. See 28 U.S.C. 636(c). All fact discovery shall be completed no later than 12/11/2020. Depositions pursuant to Fed. R. Civ. P. 30, 31 shall be completed by the close of fact discovery. If you have identified types of experts in question 9(a), all expert discovery shall be completed no later than 1/25/2021. This case is to be tried to a jury. Counsel for the parties have conferred and their present best estimate of the length of trial is 2 weeks. On 2/11/2021 at 10:30 A.M. a pre-motion conference will be held for any anticipated dispositive motions, as further set forth in this Order. Deposition due by 12/11/2020. Fact Discovery due by 12/11/2020. Expert Discovery due by 1/25/2021. Pre-Motion Conference set for 2/11/2021 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/14/2020) (cf)

August 13, 2020

Filing 31 LETTER MOTION for Leave to File Motion to Dismiss/ Defendant's Pre-Motion Letter Requesting Leave to File Motion to Dismiss First Amended Complaint addressed to Judge Lorna G. Schofield from Aarti Reddy dated August 13, 2020. Document filed by Noom Inc...(Reddy, Aarti) Modified on 9/1/2020 (kv).

August 13, 2020

Filing 30 ORDER denying as moot #25 LETTER MOTION for Conference re Plaintiffs' Motion for Order Prohibiting Contact with Named Plaintiffs. It is hereby ORDERED that the parties shall meet and confer and by August 27, 2020, shall file a joint letter detailing their remaining disputes as to the electronically stored information protocol. It is further ORDERED that this case is referred to Judge Katharine H. Parker for general pre-trial supervision. The referral and case management plan and scheduling order ("CMP") will separately issue. The parties are reminded that they may apply to Judge Parker to obtain extensions of any of the deadlines in the CMP. It is further ORDERED that Plaintiff's request for a pre-motion conference at Dkt. No. 25 is denied as moot. The Clerk of Court is respectfully directed to close Dkt. No. 25. (Signed by Judge Lorna G. Schofield on 8/13/2020) (jca)

August 13, 2020

Filing 29 ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Katharine H. Parker. (Signed by Judge Lorna G. Schofield on 8/13/2020) (cf)

August 13, 2020

Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 8/13/2020. (Court Reporter Present) (jcs)

August 11, 2020

Filing 28 ORDER: It is ORDERED that the pre-motion conference scheduled for August 13, 2020, at 10:30 a.m. is adjourned to August 13, 2020, at 10:45 a.m. The conference will be telephonic and will be held on the following conference line: 888-363-4749, access code 558-3333. The time of the conference is approximate, but the parties shall be ready to proceed at that time. Initial Conference set for 8/13/2020 at 10:45 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 8/11/2020) (cf)

August 10, 2020

Filing 27 LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Aarti Reddy dated August 10, 2020 re: #25 LETTER MOTION for Conference re Plaintiffs' Motion for Order Prohibiting Contact with Named Plaintiffs addressed to Judge Lorna G. Schofield from Plaintiffs. Opposition to Plaintiffs' Request for Pre-Motion Conference. Document filed by Noom Inc...(Reddy, Aarti)

August 10, 2020

Filing 26 ORDER granting #13 Motion for Michael G. Rhodes to Appear Pro Hac Vice and granting #17 Motion for Aarti G. Reddy to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs)

August 7, 2020

Filing 25 LETTER MOTION for Conference re Plaintiffs' Motion for Order Prohibiting Contact with Named Plaintiffs addressed to Judge Lorna G. Schofield from Plaintiffs. Document filed by Geraldine Mahood..(Palikovic, Tiasha)

August 6, 2020

Filing 24 JOINT LETTER addressed to Judge Lorna G. Schofield from Plaintiffs' Counsel J. Burkett McInturff and Defendant's Counsel Aarti Reddy dated August 6, 2020 re: The Parties' Initial Conference Letter and Proposed Civil Case Management Plan and Scheduling Order. Document filed by Susan Brewster, Alexandra Burwood, Melissa Cuevas, Maryanne Deracleo, Elvera Honore, Karen Kelly, Geraldine Mahood, Mojo Nichols, Rebecca Richards, Jennifer Sellers. (Attachments: #1 Exhibit A, #2 Exhibit B).(McInturff, J. Burkett)

August 3, 2020

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Steven Lance Wittels. The party information for the following party/parties has been modified: Alexandra Burwood; Maryanne Deracleo; Jennifer Sellers; Rebecca Richards; Elvera Honore; Susan Brewster; Mojo Nichols; Melissa Cuevas; Karen Kelly. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo)

July 31, 2020

Filing 23 FIRST AMENDED COMPLAINT amending #1 Complaint against Noom Inc. with JURY DEMAND.Document filed by Geraldine Mahood, Alexandra Burwood, Maryanne Deracleo, Jennifer Sellers, Rebecca Richards, Elvera Honore, Susan Brewster, Mojo Nichols, Melissa Cuevas, Karen Kelly. Related document: #1 Complaint. (Attachments: #1 Exhibit A - CLRA Letter to Defendant, #2 Exhibit B - Opposing Counsel Consent to File).(Wittels, Steven)

July 31, 2020

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Steven Lance Wittels to RE-FILE re: Document No. #22 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; ALEXANDRA BURWOOD, SUSAN BREWSTER,MELISSA CUEVAS, MARYANNE DERACLEO, ELVERA HONORE, KAREN KELLY, MOJO NICHOLS, REBECCA RICHARDS, and JENNIFER SELLERS must be added to the case; all filers were not added/selected for the pleading; the wrong party/parties whom the pleading is against were selected; the pleading was filed incorrectly on the due date set by the Court, therefore Court's leave or consent from the opposing party will be required before re-filing the Amended Complaint. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pne)

July 30, 2020

Filing 22 FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FILED AGAINST PARTY ERROR-FIRST AMENDED COMPLAINT amending #1 Complaint against Geraldine Mahood with JURY DEMAND.Document filed by Geraldine Mahood. Related document: #1 Complaint. (Attachments: #1 Exhibit A).(Wittels, Steven) Modified on 7/31/2020 (pne).

July 16, 2020

Filing 21 MEMO ENDORSEMENT on: #19 LETTER RESPONSE granting #18 Letter Motion to Adjourn Conference. ENDORSEMENT: The initial conference set for July 30, 2020, at 10:30 A.M. is adjourned to August 13, 2020, at 10:30 A.M. The parties shall call 888-363-4749 and use Access Code 558-3333. The pre-conference materials are due on August 6, 2020. Plaintiff may file a First Amended Complaint no later than July 30, 2020. (Initial Conference set for 8/13/2020 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/16/2020) (jwh)

July 16, 2020

Filing 20 NOTICE OF APPEARANCE by Charles Low on behalf of Noom Inc...(Low, Charles)

July 16, 2020

Set/Reset Deadlines: Amended Pleadings due by 7/30/2020. (jwh)

July 15, 2020

Filing 19 LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Steven L. Wittels dated July, 15, 2020 re: #18 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Ian Shapiro dated July 14, 2020. . Document filed by Geraldine Mahood..(Wittels, Steven)

July 15, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #17 MOTION for Aarti G. Reddy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20683276. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (vba)

July 14, 2020

Filing 18 LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from Ian Shapiro dated July 14, 2020. Document filed by Noom Inc...(Shapiro, Ian)

July 14, 2020

Filing 17 MOTION for Aarti G. Reddy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20683276. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc.. (Attachments: #1 Exhibit Declaration of Aarti G. Reddy, #2 Exhibit Certificate of Good Standing - California, #3 Exhibit Certificate of Good Standing - District of Columbia, #4 Text of Proposed Order).(Reddy, Aarti)

July 7, 2020

Filing 16 MEMO ENDORSEMENT on re: #15 LETTER MOTION for Leave to File Motion to Dismiss / Defendant's Pre-Motion Letter Requesting Leave to File Motion to Dismiss addressed to Judge Lorna G. Schofield from Ian Shapiro dated July 6, 2020. filed by Noom Inc. ENDORSEMENT: Plaintiff shall file a response to this letter by July 23, 2020. The response shall comply with the Court's Individual Rules. SO ORDERED., ( Responses due by 7/23/2020) (Signed by Judge Lorna G. Schofield on 7/7/20) (yv)

July 6, 2020

Filing 15 LETTER MOTION for Leave to File Motion to Dismiss / Defendant's Pre-Motion Letter Requesting Leave to File Motion to Dismiss addressed to Judge Lorna G. Schofield from Ian Shapiro dated July 6, 2020. Document filed by Noom Inc...(Shapiro, Ian)

July 6, 2020

Filing 14 CERTIFICATE OF SERVICE of the Court's June 8 Initial Conference Order (ECF No. 12) and the Court's Individual Rules of Practice in Civil Cases served on Defendant's Counsel. Document filed by Geraldine Mahood..(Palikovic, Tiasha)

July 1, 2020

Filing 13 MOTION for Michael G. Rhodes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20510163. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Noom Inc.. (Attachments: #1 Declaration of Michael G. Rhodes in Support, #2 Certificate of Good Standing, #3 Text of Proposed Order).(Rhodes, Michael)

July 1, 2020

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. #13 MOTION for Michael G. Rhodes to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20510163. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (laq)

June 8, 2020

Filing 12 ORDER: Initial Conference set for 7/30/2020 at 10:30 AM be held telephonically in accordance with the instructions on the first page of this order before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 6/8/2020) (cf)

June 2, 2020

Filing 11 ORDER granting #10 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lorna G. Schofield from Ian Shapiro dated June 1, 2020. Document filed by Noom Inc. APPLICATION GRANTED. The time to answer or otherwise respond to the Complaint is adjourned to July 6, 2020. (Noom Inc. answer due 7/6/2020). (Signed by Judge Lorna G. Schofield on 6/2/2020) (rjm)

June 1, 2020

Filing 10 LETTER MOTION for Extension of Time to File Answer re: #1 Complaint addressed to Judge Lorna G. Schofield from Ian Shapiro dated June 1, 2020. Document filed by Noom Inc...(Shapiro, Ian)

June 1, 2020

Filing 9 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Noom Inc...(Shapiro, Ian)

June 1, 2020

Filing 8 NOTICE OF APPEARANCE by Ian Ross Shapiro on behalf of Noom Inc...(Shapiro, Ian)

May 18, 2020

Filing 7 AFFIDAVIT OF SERVICE. Noom Inc. served on 5/15/2020, answer due 6/5/2020. Service was accepted by Sean O'Hare Intake Specialist. Document filed by Geraldine Mahood..(Wittels, Steven)

May 13, 2020

Filing 6 NOTICE OF APPEARANCE by J. Burkett McInturff on behalf of Geraldine Mahood..(McInturff, J. Burkett)

May 13, 2020

Filing 5 NOTICE OF APPEARANCE by Tiasha Palikovic on behalf of Geraldine Mahood..(Palikovic, Tiasha)

May 13, 2020

Filing 4 ELECTRONIC SUMMONS ISSUED as to Noom Inc...(jgo)

May 13, 2020

***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Steven Lance Wittels. The following case opening statistical information was erroneously selected/entered: Dollar Demand $100,000,000,000; County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the Dollar Demand has been modified to $9,999,000; the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (jgo)

May 13, 2020

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo)

May 13, 2020

Case Designated ECF. (jgo)

May 13, 2020

Magistrate Judge Katharine H. Parker is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (jgo)

May 12, 2020

Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Noom Inc., re: #1 Complaint. Document filed by Geraldine Mahood..(Wittels, Steven)

May 12, 2020

Filing 2 CIVIL COVER SHEET filed..(Wittels, Steven)

May 12, 2020

Filing 1 COMPLAINT against Noom Inc.. (Filing Fee $ 400.00, Receipt Number ANYSDC-19800987)Document filed by Geraldine Mahood..(Wittels, Steven)

Search for this case: Nichols, et al. v. Noom Inc., et al.
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Defendant: Noom Inc.
Represented By:	Michael Graham Rhodes
Represented By:	Ian Ross Shapiro
Represented By:	Aarti Reddy
Represented By:	Ashley K. Corkery
Represented By:	Charles Low
Represented By:	Colin Sarver Scott
Represented By:	Joseph Mornin
Represented By:	Max A Bernstein
Represented By:	Michael G. Rhodes
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Defendant: Artem Petakov
Represented By:	Aarti Reddy
Represented By:	Ashley K. Corkery
Represented By:	Charles Low
Represented By:	Colin Sarver Scott
Represented By:	Joseph Mornin
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Defendant: John Does
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Plaintiff: Geraldine Mahood
Represented By:	Steven Lance Wittels
Represented By:	J. Burkett McInturff
Represented By:	Benjamin F. Johns
Represented By:	Steven Dana Cohen
Represented By:	Tiasha Palikovic
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Plaintiff: Alexandra Burwood
Represented By:	J. Burkett McInturff
Represented By:	Steven Dana Cohen
Represented By:	Steven Lance Wittels
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Plaintiff: Maryanne Deracleo
Represented By:	Ethan Daniel Roman
Represented By:	J. Burkett McInturff
Represented By:	Jessica Hunter
Represented By:	Steven Dana Cohen
Represented By:	Steven Lance Wittels
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Plaintiff: Jennifer Sellers
Represented By:	Ethan Daniel Roman
Represented By:	J. Burkett McInturff
Represented By:	Steven Lance Wittels
Represented By:	Jessica Hunter
Represented By:	Steven Dana Cohen
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Plaintiff: Rebecca Richards
Represented By:	Ethan Daniel Roman
Represented By:	J. Burkett McInturff
Represented By:	Jessica Hunter
Represented By:	Steven Dana Cohen
Represented By:	Steven Lance Wittels
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Plaintiff: Elvera Honore
Represented By:	J. Burkett McInturff
Represented By:	Steven Dana Cohen
Represented By:	Steven Lance Wittels
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Plaintiff: Susan Brewster
Represented By:	Ethan Daniel Roman
Represented By:	J. Burkett McInturff
Represented By:	Jessica Hunter
Represented By:	Steven Dana Cohen
Represented By:	Steven Lance Wittels
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Plaintiff: Mojo Nichols
Represented By:	Ethan Daniel Roman
Represented By:	J. Burkett McInturff
Represented By:	Jessica Hunter
Represented By:	Steven Dana Cohen
Represented By:	Steven Lance Wittels
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Plaintiff: Melissa Cuevas
Represented By:	Steven Lance Wittels
Represented By:	J. Burkett McInturff
Represented By:	Steven Dana Cohen
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Plaintiff: Karen Kelly
Represented By:	Ethan Daniel Roman
Represented By:	J. Burkett McInturff
Represented By:	Jessica Hunter
Represented By:	Steven Dana Cohen
Represented By:	Steven Lance Wittels
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Plaintiff: Duane Dea
Represented By:	Ethan Daniel Roman
Represented By:	J. Burkett McInturff
Represented By:	Jessica Hunter
Represented By:	Steven Lance Wittels
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Plaintiff: Stacy Spencer
Represented By:	Ethan Daniel Roman
Represented By:	J. Burkett McInturff
Represented By:	Jessica Hunter
Represented By:	Steven Lance Wittels
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