Weight
Weight v. Active Network, Inc.
Opinion
Lead Opinion
Sammartino, J.
ORDER: (1) GRANTING PLAINTIFF’S MOTION TO REMAND; AND (2) DENYING AS MOOT DEFENDANT’S MOTIONS TO DISMISS
Presently before the Court is Plaintiff Christopher Weight’s (“Plaintiff’) Motion to Remand. (ECF No. 8.) Also before the Court is Defendant The Active Network, Inc.’s (“Active”) Response in Opposition (ECF No. 10), Plaintiffs Reply in Support (ECF No. 15), and Active’s two Motions to Dismiss (ECF Nos. 5, 11). The Court vacated the hearings set for May 15 and June 5, 2014 and took the matters under submission without oral argument pursuant to Civil Local Rule 7.1(d)(1). (ECF *1291 Nos. 12, 16). Having considered the parties’ arguments and the law, the Court GRANTS Plaintiffs Motion to Remand and DENIES AS MOOT Active’s Motions to Dismiss.
BACKGROUND
Plaintiff, a citizen of California, brings this consumer-fraud class action against Active, a citizen of both California and Delaware. (First Am. Compl. (“FAC”) ¶¶ 2-3, ECF No. 7; Notice of Removal ¶ 10, ECF No. 1.) Active operates the sports and recreation website Active.com (“the Website”), which serves as the exclusive method of online registration for certain events. (FAC ¶ 9, ECF No. 7.)