throbber
Case 3:20-cv-00510-AJB-MSB Document 23 Filed 05/13/20 PageID.49 Page 1 of 3
`
`
`SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
`A Limited Liability Partnership
`Including Professional Corporations
`SHANNON Z. PETERSEN, Cal. Bar No. 211426
`spetersen@sheppardmullin.com
`LISA S. YUN, Cal. Bar No. 280812
`lyun@sheppardmullin.com
`SIEUN J. LEE, Cal. Bar No. 311358
`slee@sheppardmullin.com
`12275 El Camino Real, Suite 200
`San Diego, California 92130-4092
`Telephone: 858.720.8900
`Facsimile: 858.509.3691
`
`Attorneys for Defendant PEOPLE FOR
`THE ETHICAL TREATMENT OF
`ANIMALS, INC.
`
`
`
`
`NAZRIN MASSARO, on behalf of
`herself and all others similarly situated,
`
`Plaintiff,
`
`v.
`
`BEYOND MEAT, INC., and PEOPLE
`FOR THE ETHICAL TREATMENT
`OF ANIMALS, INC.,
`
`Defendants.
`
`
`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF CALIFORNIA
`
` Case No. 3:20-cv-00510-AJB-MSB
`
`DEFENDANT PEOPLE FOR THE
`ETHICAL TREATMENT OF
`ANIMALS, INC.’S NOTICE OF
`MOTION TO DISMISS OR STRIKE
`PLAINTIFF’S NATIONWIDE
`CLASS CLAIMS
`
`Date:
`July 9, 2020
`Time: 2:00 p.m.
`Judge: Hon. Anthony J. Battaglia
`Ctrm: 4A
`
`Complaint filed: March 18, 2020
`Trial Date: Not set
`
`Case No. 3:20-cv-00510-AJB-MSB
`-1-
`DEFENDANT PETA’S NOTICE OF MOTION TO
`DISMISS OR STRIKE PLAINTIFF’S NATIONWIDE CLASS CLAIMS
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`SMRH:4817-2471-9290.1
`
`

`

`Case 3:20-cv-00510-AJB-MSB Document 23 Filed 05/13/20 PageID.50 Page 2 of 3
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`TO THE HONORABLE COURT, ALL PARTIES, AND THEIR
`ATTORNEYS OF RECORD:
`PLEASE TAKE NOTICE THAT on July 9, 2020 at 2:00 p.m., or as soon
`thereafter as the matter may be heard in Courtroom 4A, before the Honorable
`Anthony J. Battaglia of the United States District Court for the Southern District of
`California, 221 West Broadway San Diego, CA 92101, Defendant People for the
`Ethical Treatment of Animals, Inc. (“PETA”) will and hereby does move the Court
`for an order dismissing or striking Plaintiff Nazrin Massaro’s nationwide class
`claims from the Complaint pursuant to Federal Rule of Civil Procedure 12(b)(2)
`and/or 12(f).
`
`PETA brings this Motion on the grounds that Plaintiff’s nationwide class
`claims must be dismissed or stricken because the Court lacks personal jurisdiction
`over the claims of unnamed putative class members who did not receive any text
`messages from PETA in California.
`This Motion is based upon this Notice, the concurrently filed Memorandum
`of Points and Authorities, Declaration of Jeffrey S. Kerr, all other pleadings, papers,
`records, and documentary material on file or deemed to be on file in this action, and
`upon such further oral or documentary evidence and argument as may be presented
`at or before the hearing, and any other matter the Court may deem appropriate.
`
`
`
`SMRH:4817-2471-9290.1
`
`
`
`Case No. 3:20-cv-00510-AJB-MSB
`-2-
`DEFENDANT PETA’S NOTICE OF MOTION TO
`DISMISS OR STRIKE PLAINTIFF’S NATIONWIDE CLASS CLAIMS
`
`

`

`Case 3:20-cv-00510-AJB-MSB Document 23 Filed 05/13/20 PageID.51 Page 3 of 3
`
`
`1
`2
`3
`4
`5
`6
`7
`8
`9
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`26
`27
`28
`
`
`Dated: May 13, 2020
`
`
`
`
`
`
`
`
`
`SHEPPARD, MULLIN, RICHTER & HAMPTON
`LLP
`
`
`By
`
`/s/ Shannon Z. Petersen
`SHANNON Z. PETERSEN
`LISA S. YUN
`SIEUN J. LEE
`
`Attorneys for Defendant
`PEOPLE FOR THE ETHICAL
`TREATMENT OF ANIMALS, INC.
`
`
`SMRH:4817-2471-9290.1
`
`
`
`Case No. 3:20-cv-00510-AJB-MSB
`-3-
`DEFENDANT PETA’S NOTICE OF MOTION TO
`DISMISS OR STRIKE PLAINTIFF’S NATIONWIDE CLASS CLAIMS
`
`

This document is available on Docket Alarm but you must sign up to view it.


Or .

Accessing this document will incur an additional charge of $.

After purchase, you can access this document again without charge.

Accept $ Charge
throbber

Still Working On It

This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.

Give it another minute or two to complete, and then try the refresh button.

throbber

A few More Minutes ... Still Working

It can take up to 5 minutes for us to download a document if the court servers are running slowly.

Thank you for your continued patience.

This document could not be displayed.

We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.

Your account does not support viewing this document.

You need a Paid Account to view this document. Click here to change your account type.

Your account does not support viewing this document.

Set your membership status to view this document.

With a Docket Alarm membership, you'll get a whole lot more, including:

  • Up-to-date information for this case.
  • Email alerts whenever there is an update.
  • Full text search for other cases.
  • Get email alerts whenever a new case matches your search.

Become a Member

One Moment Please

The filing “” is large (MB) and is being downloaded.

Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.

Your document is on its way!

If you do not receive the document in five minutes, contact support at support@docketalarm.com.

Sealed Document

We are unable to display this document, it may be under a court ordered seal.

If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.


Access Government Site

We are redirecting you
to a mobile optimized page.





Document Unreadable or Corrupt

Refresh this Document
Go to the Docket

We are unable to display this document.

Refresh this Document
Go to the Docket