Bennett et al v. Isagenix International LLC
| Jay Bennett, Siv Bennett and Kesha Marketing Incorporated |
| Isagenix International LLC |
| 2:2023cv01061 |
| June 9, 2023 |
| US District Court for the District of Arizona |
| David G Campbell |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Declaratory Judgment |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 7, 2023. A more recent docket listing may be available from PACER.
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Filing 44
ORDER pursuant to the parties' stipulation #43 granting #41 Motion to Compel Arbitration. Plaintiffs shall initiate arbitration on or before August 23, 2023. Excluding proceedings in connection with provisional relief consistent with the applicable Policies and Procedures ("P&Ps"), such as those giving rise to the Court's preliminary injunction order at Doc. 36, Plaintiffs' claims are stayed in their entirety pending completion of arbitration. The parties shall file an arbitration status report with the Court every 90 days, starting from the date of this order. Signed by Senior Judge David G Campbell on 8/7/23. (CLB)
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| Filing 43 STIPULATION to Arbitrate and Stay Litigation by Isagenix International LLC. (Attachments: #1 Proposed Order Proposed Order)(Halaby, Andrew) |
| Filing 42 *SURETY BOND in the amount of $1,500,000.00 posted by Jay Bennett, Siv Bennett, and Kesha Marketing Incorporated re: #36 Preliminary Injunction. Bond Number: 3511189. (Wellman, Scott) *Modified to correct docket text on 8/2/2023 (NKS). |
| Filing 41 MOTION to Compel Arbitration by Isagenix International LLC. (Attachments: #1 Attachment Attachment - Declaration of Cassy Readette, #2 Exhibit Exhibits 1-7 to Declaration of Cassy Readette, #3 Proposed Order Proposed Order)(Halaby, Andrew) |
| Filing 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 07/14/2023 before Judge DAVID G. CAMPBELL. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 8/14/2023. Redacted Transcript Deadline set for 8/24/2023. Release of Transcript Restriction set for 10/23/2023. (RAP) |
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Filing 39
ORDER granting #38 Motion for Extension of Time to Post Bond. See attachment for details. Signed by Senior Judge David G Campbell on 7/19/23. (CLB)
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| Filing 38 MOTION for Extension of Time To Post Bond by Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Attachments: #1 Exhibit Declaration of Scott Wellman, #2 Exhibit Declaration of Arturo Ayala, #3 Proposed Order)(Wellman, Scott) |
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Filing 37
ORDER granting #11 Motion to Seal. The Clerk is directed to file the lodged documents (Docs. 12-18) under seal with the same document numbers. Signed by Senior Judge David G Campbell on 7/17/23. (MAP)
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Filing 36
PRELIMINARY INJUNCTION: The Court enters this preliminary injunction, effective immediately, to remain in place until this litigation is resolved or the Court orders otherwise. Within 48 hours of this order, Plaintiffs shall post a bond in the amount of $1,500,000. Defendant has stated repeatedly that it intends to file a motion to compel arbitration once this preliminary relief issue is resolve. Defendant shall file the motion by July 28, 2023. See attachment for details. Signed by Senior Judge David G Campbell on 7/17/23 at 3:25 p.m.. (CLB)
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| Filing 35 TRANSCRIPT REQUEST by Isagenix International LLC for proceedings held on 7/14/2023, Judge David G Campbell hearing judge(s). (Halaby, Andrew) |
| Filing 18 *SEALED (Unredacted) Exhibit A to Hershberger Affidavit filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. #37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). |
| Filing 17 *SEALED (Unredacted) Declaration of Amy Hershberger in Support of Response to Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. #37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). |
| Filing 16 *SEALED (Unredacted) Exhibit I to Response in Opposition to Plaintiffs' Application for Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. #37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). |
| Filing 15 *SEALED (Unredacted) Exhibit H to Response in Opposition to Plaintiffs' Application for Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. #37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). |
| Filing 14 *SEALED (Unredacted) Exhibit G to Response in Opposition to Plaintiffs' Application for Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. #37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). |
| Filing 13 *SEALED (Unredacted) Declaration of Cassy Readette in Support of Response to Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. #37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). |
| Filing 12 *SEALED (Unredacted) Defendant's Response in Opposition to Plaintiffs' Application for Temporary Restraining Order #2 filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. #37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). |
| Filing 34 Joint Declaration List by Jay Bennett, Siv Bennett, Isagenix International LLC, Kesha Marketing Incorporated. (SLQ) |
| Filing 33 Joint Exhibit List by Jay Bennett, Siv Bennett, Isagenix International LLC, Kesha Marketing Incorporated. (SLQ) |
| Filing 32 Joint Witness List by Jay Bennett, Siv Bennett, Isagenix International LLC, Kesha Marketing Incorporated. (SLQ) |
| Filing 31 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Preliminary Injunction Hearing held on 7/14/2023. Evidence entered. The Court takes this matter under advisement. (Court Reporter Elaine Cropper.) Hearing held 10:00 AM to 12:14 PM. (See document for complete details). (SLQ) |
| Filing 30 SUPPLEMENT Defendant's Supplemental Response in Opposition to Entry of Preliminary Injunction by Defendant Isagenix International LLC. (Attachments: #1 Exhibit A, #2 Attachment Supplemental Declaration of Cassy Readette, #3 Attachment Declaration of Elie Aboujawde, #4 Attachment Declaration of Eli Rohlf)(Halaby, Andrew) |
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Filing 29
ORDER: The Court appreciates the parties' efforts to streamline the evidence for the preliminary injunction hearing this Friday, but finds the parties' submission (Doc. #28 ) overly complicated and potentially burdensome on the Court. The Court therefore orders as follows: (1) By 9:30 a.m. on July 13, 2023, the parties shall provide the court with two paper copies of a single, collective set of exhibits to be submitted by the parties at the hearing on Friday, numbered consecutively (1, 2, 3...). This should include all exhibits the parties want the Court to consider in ruling on the preliminary injunction request. The exhibits should be provided in 3-ring binders. The admissibility of these exhibits will be addressed at the hearing. (2) By 9:30 a.m. on July 13, 2023, the parties shall provide the Court with two paper copies of a single, collective set of the declarations to be submitted by the parties at the hearing, identified by letters (A, B, C,...). This should include all declarations the parties want the Court to consider. The declarations should be included in 3-ring binders. The admissibility of the declarations will be addressed at the hearing. The parties shall identify which declarations the Court should attempt to read before Friday's hearing. (3) Witnesses may testify at the hearing by Zoom. Ordered by Senior Judge David G Campbell on 7/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| Filing 28 Joint MOTION Re Conduct of July 14, 2023 Preliminary Injunction Hearing by Isagenix International LLC. (Attachments: #1 Proposed Order Proposed Order)(Halaby, Andrew) |
| Filing 27 *Supplemental BRIEF in support of Motion for Preliminary Injunction by Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Attachments: #1 Exhibit SECOND DECLARATION OF SIV BENNETT, #2 Exhibit SECOND DECLARATION OF EXPERT DERK G. RASMUSSEN, #3 Exhibit DECLARATION OFJOHN DUNCAN, #4 Exhibit DECLARATION OF DON HICKOK, #5 Exhibit DECLARATION OF DAVID LEE, #6 Exhibit DECLARATION OF BEN DEAL, #7 Proposed Order PROPOSED ORDER REGARDING PRELIMINARY INJUNCTION)(Wellman, Chris) *Modified event and docket text on 7/7/2023 (NKS). |
| Filing 26 *Supplemental MEMORANDUM in Support of #11 Motion for Leave to File its Unredacted Response in Opposition to Plaintiffs' Application for Temporary Restraining Order, the Hershberger Declaration, the Readette Declaration, and Certain Exhibits Under Seal #19 Response in Opposition to Motion, by Defendant Isagenix International LLC. (Halaby, Andrew) *Modified to add document link on 7/6/2023 (REK). |
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Filing 24
ORDER: The Court has reviewed Defendant's motion to seal certain exhibits filed in response to the TRO application (Doc. 11). The motion states that Defendant seeks to seal "certain exhibits (Readette Decl., Exs. G, H and I; Hershberger Decl. Ex. A), despite some of their availability (if one was to search for them) as public records." The motion does not specify which of the exhibits are public records. With seven days of this order, Defendant shall file a supplemental memorandum identifying which of the exhibits addressed in the motion (or portions of exhibits) are public records. Signed by Senior Judge David G Campbell on 6-28-23. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DGC)
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| Filing 25 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC TEMPORARY RESTRAINING ORDER HEARING proceedings held on 06/20/2023 before Judge DAVID G. CAMPBELL. [Court Reporter: Jennifer A. Pancratz, RMR, CRR, FCRR, CRC, Telephone number (602) 322-7198]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 7/21/2023. Redacted Transcript Deadline set for 7/31/2023. Release of Transcript Restriction set for 9/28/2023. (RAP) |
| Filing 23 NOTICE of Appearance by Michael H Orcutt on behalf of Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Orcutt, Michael) |
| Filing 22 TRANSCRIPT REQUEST by Isagenix International LLC for proceedings held on 06/20/2023, Judge David G Campbell hearing judge(s). (Halaby, Andrew) |
| Filing 21 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Telephonic Temporary Restraining Order Hearing held on 6/20/2023. Argument is presented. The Court does not find sufficient evidence of irreparable harm to enter a temporary restraining order under Rule 65. Plaintiffs' Application for Temporary Restraining Order (Doc. #2 ) is denied. Plaintiff shall file a preliminary injunction brief by July 5, 2023. Defendant may file a preliminary injunction brief by July 12, 2023. Each brief shall not exceed 15 pages. TELEPHONIC APPEARANCES: Michael Orcutt, Chris Wellman, Scott Wellman for Plaintiffs. Andrew Halaby and Charles Markle for Defendant. Preliminary Injunction Hearing (in-person, 4 hours) set for 7/14/2023 at 10:00 AM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. (Court Reporter Jennifer Pancratz.) Hearing held 3:33 PM to 4:42 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (SLQ) |
| Filing 20 REPLY to Response to Motion re: #2 MOTION for Temporary Restraining Order filed by Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Wellman, Scott) |
| Filing 19 RESPONSE in Opposition re: #2 MOTION for Temporary Restraining Order filed by Isagenix International LLC. (Attachments: #1 Affidavit Declaration of Cassy Readette in Support of Response to Temporary Restraining Order (with Exhibits A-L), #2 Affidavit Declaration of Amy Hershberger in Support of Response to Temporary Restraining Order (with Exhibit A))(Halaby, Andrew) |
| Filing 11 MOTION to Seal Document Motion for Leave to File Its Unredacted Response in Opposition to Plaintiffs' Application for Temporary Restraining Order, the Hershberger Declaration, the Readette Declaration, and Certain Exhibits Under Seal by Isagenix International LLC. (Attachments: #1 Proposed Order Proposed Order)(Halaby, Andrew) |
| Remark: Pro hac vice motion(s) granted for Scott Wellman, Chris Wellman on behalf of Plaintiffs Jay Bennett, Siv Bennett. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) |
| Filing 10 MINUTE ORDER: The Telephonic Temporary Restraining Order Hearing set for 6/20/2023 at 04:00 PM is RESET to 6/20/2023 at 03:30 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. This is a change in time only. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) |
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Filing 9
ORDER re: #2 MOTION for Temporary Restraining Order: Defendant shall file a response by the close of business on 6/16/2023. A Telephonic Temporary Restraining Order Hearing is set for 6/20/2023 at 04:00 PM in Courtroom 603, 401 West Washington Street, Phoenix, AZ 85003 before Senior Judge David G Campbell. Counsel will receive dial-in information by separate email. Ordered by Senior Judge David G Campbell on 6/12/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB)
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| Filing 8 SERVICE EXECUTED filed by Jay Bennett, Siv Bennett, Kesha Marketing Incorporated: Rule 4 Waiver of Service of Summons. Waiver sent on June 12, 2023 to Charles E. Markle . (Orcutt, Michael) |
| Filing 7 Additional Attachments to Main Document re: #1 Complaint Exhibits A, B and C to Complaint by Plaintiffs Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Orcutt, Michael) |
| Filing 6 Summons Issued as to Isagenix International LLC. (MYE). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. |
| Filing 5 Filing fee paid, receipt number AAZDC-21995819. This case has been assigned to the Honorable David G Campbell. All future pleadings or documents should bear the correct case number: CV-23-1061-PHX-DGC. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (MYE) |
| Filing 4 Corporate Disclosure Statement by Kesha Marketing Incorporated. (Orcutt, Michael) (MYE) |
| Filing 3 SUMMONS Submitted by Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Orcutt, Michael) (MYE) |
| Filing 2 EX PARTE MOTION (Application) for Temporary Restraining Order by Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Orcutt, Michael) (Attachments: #1 Proposed Order, #2 Attachment Declaration of Chris Wells in Support of Temporary Restraining Order, #3 Attachment Declaration of Jay Bennett in Support of Temporary Restraining Order, #4 Attachment Declaration of Siv Bennett in Support of Temporary Restraining Order, #5 Attachment Declaration of Expert Derk G. Rasmussen in Support of Temporary Restraining Ord)(MYE) |
| Filing 1 COMPLAINT (TRO Requested). Filing fee received: $ 402.00, receipt number AAZDC-21995819 filed by Jay Bennett, Kesha Marketing Incorporated, Siv Bennett. (Orcutt, Michael) (Attachments: #1 Civil Cover Sheet)(MYE) |
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