Mikulsky
Mikulsky v. Noom, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 14 ERIKA MIKULSKY, individually and on Case No.: 3:23-cv-00285-H-MSB behalf of all others similarly situated,
ORDER GRANTING DEFENDANT’S
Plaintiff, MOTION TO DISMISS v. 18 [Doc. No. 37.]
NOOM, INC.,
19 Defendant.
21 On October 30, 2023, Defendant Noom, Inc. (“Defendant” or “Noom”) moved to dismiss Plaintiff Erika Mikulsky’s (“Plaintiff”) first amended complaint (“FAC”) pursuant to Federal Rules of Civil Procedure 12(b)(1), 12(b)(2), and 12(b)(6). (Doc. No. 37.) On November 30, 2023, Plaintiff filed a response in opposition to Defendant’s motion to dismiss. (Doc. No. 38.) On December 21, 2023, Defendant filed a reply in support of its motion. (Doc. No. 42.) The Court, pursuant to its discretion under Civil Local Rule 7.1(d)(1), determined the matter was appropriate for resolution without oral argument, submitted the motion on the parties’ papers, and vacated the hearing. (Doc. No. 45.) For the reasons below, the Court grants Defendant’s motion to…