OLIVER v. NOOM, INC.
| ARIEL OLIVER |
| NOOM, INC. |
| 2:2022cv01857 |
| December 22, 2022 |
| US District Court for the Western District of Pennsylvania |
| William S Stickman |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Contract Default |
| Both |
Docket Report
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Filing 38
CASE MANAGEMENT ORDER. Exchange of required Rule 26(a)(1) information due by 11/15/2023; Jurisdictional discovery due by 2/12/2024; Motion to Dismiss due by 3/18/2024; Response to Motion due by 4/23/2024; Reply brief due by 5/14/2024. Signed by Judge William S. Stickman on 11/06/23. (eca)
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| Filing 37 Minute Entry for proceedings held before Judge William S. Stickman: Telephonic Initial Case Management Conference held on 11/6/2023. (Court Reporter: None) (eca) |
| Filing 36 REPORT of Rule 26(f) Planning Meeting. (Pollock-Avery, Elizabeth) |
| Filing 35 STIPULATION selecting ADR process by ARIEL OLIVER. (Pollock-Avery, Elizabeth) |
| Filing 34 NOTICE of Appearance by Elizabeth Pollock-Avery on behalf of ARIEL OLIVER. (Pollock-Avery, Elizabeth) |
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Filing 33
ORDER SCHEDULING INITIAL CASE MANAGEMENT CONFERENCE. Rule 26 Meeting to be conducted on or before 10/25/2023. Rule 26 Meeting Report and Stipulation Selecting ADR Process due by 11/1/2023. Telephonic Initial Case Management Conference set for 11/6/2023 at 10:00 AM before Judge William S. Stickman. Signed by Judge William S. Stickman on 10/04/23. (eca)
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| Filing 32 Defendant Noom, Inc.'s ANSWER to #15 Amended Complaint Filed by NOOM, INC.. (Wong, Kyle) |
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Filing 31
ORDER GRANTING #30 Motion for Extension of Time to Answer. Defendant shall answer on or before 10/03/23. Signed by Judge William S. Stickman on 08/30/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 30 Joint MOTION for Extension of Time to File Answer re #15 Amended Complaint filed by ARIEL OLIVER by NOOM, INC.. (Wong, Kyle) |
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Filing 29
ORDER GRANTING IN PART AND DENYING IN PART #20 Motion to Dismiss the First Amended Complaint. Signed by Judge William S. Stickman on 08/22/23. (eca)
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| Filing 28 MEMORANDUM OPINION re #20 Motion to Dismiss the First Amended Complaint filed by NOOM, INC. Signed by Judge William S. Stickman on 08/22/23. (eca) |
| Filing 27 NOTICE of Additional Supplemental Authority in Support of its Motion to Dismiss the First Amended Complaint by NOOM, INC. re #26 Notice, #20 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim (Wong, Kyle) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #26 Notice. ERROR: Exhibit was made part of main document. CORRECTION: Attorney advised that in future exhibits are to be made attachments to the main document. This message is for informational purposes only. (keh) |
| Filing 26 NOTICE Of Supplemental Authority In Support Of Motion To Dismiss The First Amended Complaint by NOOM, INC. re #20 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim (Wong, Kyle) |
| Filing 25 REPLY in Support re #20 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by NOOM, INC. (Wong, Kyle) Modified text on 6/30/2023. (kss) |
| Filing 24 BRIEF in Opposition re #20 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim filed by ARIEL OLIVER. (Lynch, Gary) |
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Filing 23
ORDER GRANTING #22 Motion to Modify Briefing Schedule. Response to Motion to Dismiss due 06/09/23; Reply due 06/29/23.Signed by Judge William S. Stickman on 05/30/2023. (rgm)
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| Filing 22 Joint MOTION to Modify Briefing Schedule #19 Order, Terminate Motions, Set Deadlines by ARIEL OLIVER. (Attachments: #1 Proposed Order) (Lynch, Gary) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #20 Motion to Dismiss/Lack of Jurisdiction, Motion to Dismiss for Failure to State a Claim. ERROR: Incorrect relief selected. CORRECTION: Changed relief from Motion to Dismiss to Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. (jma) |
| Filing 21 BRIEF in Support re #20 Motion to Dismiss for Lack of Jurisdiction and Motion to Dismiss for Failure to State a Claim First Amended Complaint filed by NOOM, INC. (Attachments: #1 Declaration in Support, #2 Exhibit A, #3 Exhibit B) (Wong, Kyle) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction re #15 Amended Complaint by NOOM, INC. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Wong, Kyle) Added MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM on 5/2/2023 (jma) |
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Filing 19
ORDER GRANTING #18 Motion for Extension of Time to File Answer. Motion due by 5/1/2023; Response to Motion due by 5/30/2023; Reply due by 6/20/2023. Signed by Judge William S. Stickman on 04/06/23. (eca)
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| Filing 18 Joint MOTION for Extension of Time to File Answer re #15 Amended Complaint filed by ARIEL OLIVER by NOOM, INC.. (Attachments: #1 Proposed Order) (Wong, Kyle) |
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Filing 17
ORDER OF COURT. Upon the filing of #15 First Amended Complaint, #13 Motion to Dismiss is DENIED AS MOOT. Signed by Judge William S. Stickman on 03/30/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 16 Disclosure Statement by ARIEL OLIVER. (Lynch, Gary) |
| Filing 15 First AMENDED COMPLAINT against NOOM, INC., filed by ARIEL OLIVER. (Lynch, Gary) |
| Update Answer Deadline: Answer due from NOOM, INC. on 4/12/2023. (jma) |
| Filing 14 BRIEF in Support re #13 Motion to Dismiss for Failure to State a Claim, Motion to Dismiss/Lack of Jurisdiction filed by NOOM, INC. (Attachments: #1 Declaration in Support, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration) (Wong, Kyle) |
| Filing 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re #1 Complaint, MOTION to Dismiss for Lack of Jurisdiction by NOOM, INC. (Attachments: #1 Exhibit 1, #2 Proposed Order) (Wong, Kyle) |
| Filing 12 Disclosure Statement identifying None as corporate parent or other affiliate, by NOOM, INC. (Wong, Kyle) |
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Filing 11
ORDER GRANTING #10 Motion for Additional Agreed Upon Dates. Signed by Judge William S. Stickman on 02/03/23. (eca)
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| Response to Motion due by 3/29/2023 Reply brief due by 4/19/2023. (eca) |
| Filing 10 Joint MOTION for Additional Agreed Upon Dates by NOOM, INC. (Attachments: #1 Proposed Order) (Danaher, Maria) |
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Filing 9
ORDER GRANTING #6 , #7 , and #8 Motions to Appear Pro Hac Vice. Attorneys Kyle Wong, Aarti Reddy, and Sharon Song are admitted pro hac vice on behalf of NOOM, INC. Signed by Judge William S. Stickman on 01/31/23. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (eca)
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| Filing 8 MOTION for attorney Sharon Song to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7514961) by NOOM, INC.. (Attachments: #1 Affidavit, #2 Proposed Order) (Song, Sharon) |
| Filing 7 MOTION for attorney Aarti Reddy to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7514953) by NOOM, INC.. (Attachments: #1 Affidavit, #2 Proposed Order) (Reddy, Aarti) |
| Filing 6 MOTION for attorney Kyle C. Wong to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7514937) by NOOM, INC.. (Attachments: #1 Affidavit, #2 Proposed Order) (Wong, Kyle) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #4 Notice of Appearance. ERROR: Party did not file disclosure statement identifying all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 2/7/2023. (jma) |
| Filing 5 Stipulation for Extension of Time to Answer by NOOM, INC. Answer due from NOOM, INC. on 3/1/2023. (Danaher, Maria) |
| Filing 4 NOTICE of Appearance by Maria Greco Danaher on behalf of NOOM, INC. (Danaher, Maria) |
| Filing 3 SUMMONS/Return of Service Returned Executed by ARIEL OLIVER. NOOM, INC. served on 1/11/2023, answer due 2/1/2023. (Lynch, Gary) |
| Filing 2 Summons Issued as to NOOM, INC. (jma) |
| Filing 1 COMPLAINT against NOOM, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7456959), filed by ARIEL OLIVER. (Attachment: #1 Civil Cover Sheet) (jma) |
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| Plaintiff: ARIEL OLIVER | |
| Represented By: | Gary F. Lynch |
| Represented By: | Elizabeth Pollock-Avery |
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| Defendant: NOOM, INC. | |
| Represented By: | Aarti Reddy |
| Represented By: | Kyle Wong |
| Represented By: | Sharon Song |
| Represented By: | Maria Greco Danaher |
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