Youngevity International, Corp. v. Smith et al
Plaintiff: Youngevity International, Corp.
Defendant: Todd Smith, William Andreoli, Wakaya Perfection, Total Nutrition Team, Blake Graham, Andre Vaughn, Dave Pitcock, Patti Gardner, Brytt Cloward and DOES
Case Number: 3:2016cv00704
Filed: March 23, 2016
Court: US District Court for the Southern District of California
Office: San Diego Office
County: San Diego
Presiding Judge: Jill L. Burkhardt
Presiding Judge: Thomas J. Whelan
Nature of Suit: Other Contract
Cause of Action: 28:1332
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
November 6, 2020 Opinion or Order Filing 805 ORDER Granting in Part and Denying in Part Youngevity's Motion for Summary Judgment on Counterclaim Six (ECF No. 667 ). Signed by Judge Barry Ted Moskowitz on 11/5/20. (jmo) Modified on 11/6/2020 to correct text and regenerate NEF (jmo).
October 7, 2020 Opinion or Order Filing 796 ORDER Denying Motion in Limine Without Prejudice (ECF No. 703 ). Signed by Judge Barry Ted Moskowitz on 10/7/2020. (jdt)
March 24, 2020 Opinion or Order Filing 738 ORDER Granting 628 Motion for Leave to File Fifth Amended Complaint. The Plaintiffs Shall File Their Amended Complaint on or before 4/10/2020. Signed by Judge Barry Ted Moskowitz on 3/24/2020. (sxa)
March 10, 2020 Opinion or Order Filing 731 ORDER DENYING MOTION 632 MOTION TOTRANSFER. Signed by Judge Barry Ted Moskowitz on 3/10/2020. (sjm)
February 13, 2020 Opinion or Order Filing 694 ORDER. Signed by Magistrate Judge Jill L. Burkhardt on 2/13/2020.(sxa)
July 18, 2019 Opinion or Order Filing 649 ORDER DENYING COUNTERCLAIM DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS TO COUNTERCLAIM PLAINTIFFS THIRTEENTH COUNTERCLAIM FOR RELIEF re 439 Motion for Summary Judgment. Signed by Judge Barry Ted Moskowitz on 7/18/2019. (sjm)
April 9, 2019 Opinion or Order Filing 625 REPORT AND RECOMMENDATION Re: (1) Defendants' and Counterclaiman Plaintiffs' Motion for Terminating Sanctions or, in the alternative, issue, evidentiary, and monetary sanctions (ECF No. 552 ); (2) Plaintiffs' and Counterclaim Defenda nts' Ex Parte Motion to Strike or, in the alternative, to Stay (ECF No. 554 ); and (3) Request for Oral Argument (ECF No. 586 ). The Court RECOMMENDS that Wakaya's motion for terminating sanctions or, in the alternative, for issue, eviden tiary, and monetary sanctions (ECF No. 552) and Youngevity's request for oral argument (ECF No. 586) be DENIED. The Court recommends that Wakaya's motion for sanctions be denied WITHOUT PREJUDICE. The Court further RECOMMENDS that Youngevit y's ex parte motion to trike (or dismiss) or, in the alternative, to stay (ECF No. 554) be DENIED. The Court alternatively RECOMMENDS that Youngevity's ex parte motion to dismiss be GRANTED. No later than April 23, 2019, any party to this action may file written objections with the Court and serve a copy on all parties. Any reply to the objections shall be filed with the Court and served on all parties no later than April 30, 2019. Signed by Magistrate Judge Jill L. Burkhardt on 4/9/2019.(aef)
March 26, 2019 Opinion or Order Filing 622 ORDER DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND DENYING IN PART AND GRANTING IN PART DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT AS TO PLAINTIFFS FOURTH CAUSE OF ACTION ECF Nos. 293 and 303 . Signed by Judge Barry Ted Moskowitz on 3/26/2019. (sjm)
March 11, 2019 Opinion or Order Filing 619 ORDER DENYING PLAINTIFFS AND DEFENDANTS MOTIONS FOR SUMMARY JUDGMENT AS TO PLAINTIFFS NINTH CAUSE OF ACTION ECF Nos. 292 , 322 . Signed by Judge Barry Ted Moskowitz on 3/11/2019. (sjm)
March 5, 2019 Opinion or Order Filing 617 ORDER GRANTING IN PART PLAINTIFFS MOTION FOR ATTORNEYS FEES re 532 Motion for Attorney Fees. Signed by Judge Barry Ted Moskowitz on 3/5/2019. (sjm)
March 4, 2019 Opinion or Order Filing 616 ORDER DENYING PLAINTIFFS MOTION FOR SUMMARY JUDGMENT AND GRANTING AND DENYING IN PART DEFENDANTS MOTION FOR SUMMARY JUDGMENT AS TO PLAINTIFFS FIFTH CAUSE OF ACTION ECF Nos. 296 , 304 . Signed by Judge Barry Ted Moskowitz on 3/4/2019. (sjm)
January 10, 2019 Opinion or Order Filing 605 ORDER ADOPTING REPORT AND RECOMMENDATION AND VACATING ORDER AWARDING ATTORNEYS FEES 557 561 . The award of attorneys fees in the Magistrate Judges order 557 is VACATED. Wakayas motion for sanctions re 337 is DENIED. The Report and Recommendation as to not granting other sanctions is ADOPTED. Signed by Judge Barry Ted Moskowitz on 1/10/2019. (sjm)
October 11, 2018 Opinion or Order Filing 595 ORDER Denying Plaintiffs' And Defendants' Motions For Summary Judgment As To Plaintiffs' Seventh Cause Of Action re 308 Motion for Partial Summary Judgment; 324 Motion for Summary Judgment. Signed by Judge Barry Ted Moskowitz on 10/10/2018. (sjm)
September 28, 2018 Opinion or Order Filing 592 ORDER Granting Defendants' Motion For Summary Judgment As To Plaintiffs' Tenth Claim 317 . Signed by Judge Barry Ted Moskowitz on 9/28/2018. (sjm)
September 17, 2018 Opinion or Order Filing 590 ORDER granting in part and denying in part 307 Defendants' Motion for Summary Judgment As To Plaintiffs' Sixth Cause Of Action 307 . Signed by Judge Barry Ted Moskowitz on 9/17/2018. (sjm)
September 13, 2018 Opinion or Order Filing 589 ORDER granting 588 Motion Modify Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 9/13/2018. (sjm)
August 23, 2018 Opinion or Order Filing 582 ORDER Denying 299 Defendants' Motion for Summary Judgment As To Plaintiffs' Second Cause of Action. Signed by Judge Barry Ted Moskowitz on 8/23/2018. (sjm)
July 18, 2018 Opinion or Order Filing 565 ORDER Granting Plaintiffs' Motion to Dismiss and Compel Arbitration 410 . Signed by Judge Barry Ted Moskowitz on 7/16/2018. (sjm)
July 16, 2018 Opinion or Order Filing 560 ORDER Granting 412 Motion for Partial Stay. The motions for summary judgment for counterclaims one through four, six, seven, and nine through twelve are denied as premature, as well as the related Daubert motions. ( 418 , 419 , 421 , 422 , 423 ,[4 24,], 425 , 426 , 427 , 428 , 429 , 430 , 431 , 433 , 435 , 437 , 438 , 441 , 444 , 445 ). The parties are granted leave to resubmit their motions depending on the judgment of the Ninth Circuit. Within thirty days of the Ninth Circuit's resolution of the appeal, the parties shall file a joint status report informing the Court of the status of this matter. Signed by Judge Barry Ted Moskowitz on 7/16/18. (dlg)
July 2, 2018 Opinion or Order Filing 557 AMENDED REPORT AND RECOMMENDATION and Order Granting in Part Defendant's Motion for Sanctions and for Order to Show Cause for Violations of Protective Order (ECF Nos. 337 , 344 , 555 ). Signed by Magistrate Judge Jill L. Burkhardt on 7/2/2018.(mxn)
June 29, 2018 Opinion or Order Filing 555 REPORT AND RECOMMENDATION and Order Granting in Part Defendant's Motion for Sanctions and for Order to Show Cause for Violations of Protective Order (ECF Nos. 337 , 344 ). Objections to R&R due by 7/12/2018. Replies due by 7/20/2018. Signed by Magistrate Judge Jill L. Burkhardt on 6/29/2018.(mxn)
May 7, 2018 Opinion or Order Filing 543 ORDER Granting in Part and Denying in Part Plaintiffs' Ex Parte 286 Motion for Attorneys' Fees and Costs. Signed by Magistrate Judge Jill L. Burkhardt on 5/7/2018. (mxn)
February 13, 2018 Opinion or Order Filing 526 ORDER Granting Plaintiff's Motion to Exclude Testimony of Timothy L. Fort and Denying Defendants' Motions to Exclude Expert Testimony (ECF Nos. 294 , 306 , 310 , 311 , 312 , 313 , 314 , 315 , 318 ). Signed by Judge Barry Ted Moskowitz on 2/13/2018. (mxn)
February 6, 2018 Opinion or Order Filing 517 ORDER Granting In Part and Denying In Part Plaintiff's Motion for Sanctions for Witness Tampering (ECF No. 180 ). Motion Hearing set for 4/13/2018 at 11:00 AM before Judge Barry Ted Moskowitz. Signed by Judge Barry Ted Moskowitz on 2/6/2018. (mxn)
December 29, 2017 Opinion or Order Filing 406 ORDER granting in part and denying in part 283 Plaintiffs' Motion for Leave for Additional Discovery. Signed by Magistrate Judge Jill L. Burkhardt on 12/29/2017. (sjt)
December 21, 2017 Opinion or Order Filing 362 ORDER Granting Defendant's 232 Motion to Compel Proper Productions. Signed by Magistrate Judge Jill L. Burkhardt on 12/21/2017. (mxn)
December 18, 2017 Opinion or Order Filing 343 ORDER Granting Defendants' Renewed Application to File Under Seal (ECF No. 335 ). Plaintiffs shall file and serve their opposition on or before 1/3/2018 at 5:00 PM. Defendants shall file and serve their reply to the opposition on or before 1/10/2018 at 5:00 PM. This order does not modify any other date, deadline, or requirement set forth in the Court's 12/4/2017 Order (ECF No. 287 ). Signed by Magistrate Judge Jill L. Burkhardt on 12/18/2017. (mxn)
December 15, 2017 Opinion or Order Filing 333 ORDER Denying Plaintiff's 278 Motion to Compel Responses to Subpoenas Duces Tecum. Youngevity's request for fees and costs associated with the filing of this motion (ECF No. 278 at 9) is also denied. Signed by Magistrate Judge Jill L. Burkhardt on 12/15/2017. (mxn)
December 14, 2017 Opinion or Order Filing 332 ORDER Denying Defendants' 327 Application to File Under Seal. Signed by Magistrate Judge Jill L. Burkhardt on 12/14/2017. (mxn)
December 13, 2017 Opinion or Order Filing 331 ORDER Granting Defendants' and Counterclaimants' 111 Motion to Amend. The Court grants Counterclaimants' motion to file a SAC. Counterclaimants are ordered to file their SAC within 14 days of entry of this order. Defendants shall have 30 days to respond to the SAC. Signed by Judge Barry Ted Moskowitz on 12/13/2017. (mxn)
December 5, 2017 Opinion or Order Filing 290 ORDER Overruling Objection to Ruling of Magistrate Judge (ECF No. 218 ). Signed by Judge Barry Ted Moskowitz on 12/5/2017.(mxn)
December 4, 2017 Opinion or Order Filing 288 ORDER Denying 194 Plaintiff's Motion for Sanctions for Destruction of Evidence. The Court grants Plaintiffs leave to issue subpoenas to Comcast and third parties for emails and Facebook posts that they would otherwise have subpoenaed for Defendants' representations. Plaintiffs have 30 days to issue subpoenas and the subpoenaed parties will have 45 days to respond. Signed by Judge Barry Ted Moskowitz on 12/4/2017. (mxn)
October 30, 2017 Opinion or Order Filing 261 ORDER Granting Plaintiff's 109 Motion to Amend. Plaintiffs are ordered to file their fourth amended complaint, which must contain all exhibits referred to in the amended complaint, within seven days of entry of this order. Defendants shall have 30 days to respond to the fourth amended complaint. Signed by Judge Barry Ted Moskowitz on 10/30/2017. (mxn)
October 23, 2017 Opinion or Order Filing 246 ORDER Granting in part and Denying in part 179 Plaintiffs' and Counterclaim Defendants' Motion for a Protective Order and Sanctions. Youngevity's Motion for Protective Order and Sanctions (ECF No. 179) is hereby GRANTED in part and D ENIED in part. Wakaya may not inquire into actual or rumored insider trading in future depositions and is foreclosed from reopening the depositions of Mr. Halls, Mr. Briskie, Mr. Chenault, or Youngevity's Rule 30(b)(6) representative for the pur pose of pursuing questions regarding insider trading. The Court declines to issue sanctions against Mr. Anderson, but finds that Youngevity is entitled to reasonable expenses and attorneys' fees incurred by the making of this motion. Signed by Magistrate Judge Jill L. Burkhardt on 10/23/2017. (aef)
September 22, 2017 Opinion or Order Filing 198 ORDER Denying 155 Defendants' Motion to Compel Production of Unredacted Communications and Granting 154 Plaintiffs' Cross-Motion on Privilege Log Issue. Signed by Magistrate Judge Jill L. Burkhardt on 9/22/2017. (Exhibits 1 and 2 filed under seal) (lrf)
June 22, 2017 Opinion or Order Filing 139 ORDER granting in part and denying in part Plaintiffs and Counterclaim Defendants' 134 Motion for Protective Order. Signed by Magistrate Judge Jill L. Burkhardt on 6/22/2017. (fth)
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Search for this case: Youngevity International, Corp. v. Smith et al
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Plaintiff: Youngevity International, Corp.
Represented By: Peter A. Arhangelsky
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Defendant: Todd Smith
Represented By: Kyle M Van Dyke
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Defendant: William Andreoli
Represented By: Kyle M Van Dyke
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Defendant: Wakaya Perfection
Represented By: Kyle M Van Dyke
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Defendant: Total Nutrition Team
Represented By: Kyle M Van Dyke
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Defendant: Blake Graham
Represented By: Kyle M Van Dyke
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Defendant: Andre Vaughn
Represented By: Kyle M Van Dyke
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Defendant: Dave Pitcock
Represented By: Kyle M Van Dyke
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Defendant: Patti Gardner
Represented By: Kyle M Van Dyke
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Defendant: Brytt Cloward
Represented By: Kyle M Van Dyke
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Defendant: DOES
Represented By: Kyle M Van Dyke
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