Grace Sherk v. Audible, Inc.

Opinion

UNITED STATES DISTRICT COURT AT SEATTLE GRACE SHERK, CASE NO. 25-cv-01137-JHC Plaintiff, MINUTE ORDER v. AUDIBLE, INC., Defendant. The following Minute Order is made by direction of the Court, the Honorable John H. Chun, United States District Judge: (1) The Court ORDERS each party to file a supplemental brief of no more than 2,100 words by January 2, 2026 that addresses two questions. First, does Plaintiff’s Complaint adequately allege that she “expected remuneration from [Audible] at the time [she] performed or conferred [a] benefit on [Audible] and that the failure of remuneration enriched [Audible] beyond its contractual rights,” as apparently required to state a claim for unjust enrichment under New Jersey law? See Plastic Surgery Ctr., P.A. v. Aetna Life Ins. Co., 967 F.3d 218, 240 (3d Cir. 2020) (citation omitted). Second, does Plaintiff’s Complaint adequately allege that “services were performed for [Audible] resulting in [Audible’s] unjust enrichment,” as apparently required to state claim for unjust enrichment under New York law? See Clark v. Daby, 751 N.Y.S.2d 622, 623 (2002) (quoting Kagan v. K–Tel Entertainment, 568 N.Y.S.2d 756)).

(2) The Court renotes the motion to dismiss at Dkt. # 37 for January 2, 2026. (3) The Clerk is directed to forward a copy of this Order to all counsel of record. Dated this 18th day of December, 2025. Ravi Subramanian Clerk /s/Ashleigh Drecktrah Deputy Clerk