It Works Marketing, Inc. v. Melaleuca Inc. et al
Plaintiff: It Works Marketing, Inc.
Defendant: Brandon Olive, Katie Harold, Sarah Rankin, Geneveve Sykes, Melaleuca Inc., Jeanie McWhorter, Amber Hoerner, Joshua Rankin, Makenzie Schultz, Kellie Kaufman, Kimberly Bertolucci, Lea Piccoli, Sean Sykes, Ashley Olive, Steven Schultz, Katie Herold and Kimberly McCauley
Case Number: 8:2020cv01743
Filed: July 28, 2020
Court: US District Court for the Middle District of Florida
Presiding Judge: Thomas P Barber
Referring Judge: Thomas G Wilson
Nature of Suit: Trademark
Cause of Action: 15:1125
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 23, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2020 Opinion or Order Filing 127 ORDER VACATING #125 Order; granting #122 Plaintiff's Motion for Extension of Deadlines and Request for Expedited Considerations to the extent that the plaintiff will have seven days following a ruling on its motions to compel ---- which are not yet ripe ---- to file its preliminary injunction motion. Signed by Magistrate Judge Thomas G. Wilson on 9/23/2020. (DMS)
September 23, 2020 Opinion or Order Filing 126 ORDER: The parties are ORDERED to SHOW CAUSE, in writing on or before October 2, 2020, why this case should not be consolidated pursuant to Fed. R. Civ. P. 42(a). The parties may file separate show cause responses, if necessary, and should include a memorandum of legal authority in support of the parties' respective positions. See Order for details. Signed by Judge Thomas P. Barber on 9/23/2020. (ANL)
September 23, 2020 Opinion or Order Filing 125 **VACATED pursuant to #127 Order** ORDER denying as moot #122 Plaintiff's Motion for Extension of Deadlines, and Request for Expedited Considerations. Signed by Magistrate Judge Thomas G. Wilson on 9/23/2020. (DMS) Modified on 9/23/2020 (DMS).
September 22, 2020 Filing 124 MOTION to Compel Discovery by It Works Marketing, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Jr,Sanders, John) Motions referred to Magistrate Judge Thomas G. Wilson.
September 22, 2020 Filing 123 MOTION to Compel Discovery by It Works Marketing, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Jr,Sanders, John) Motions referred to Magistrate Judge Thomas G. Wilson.
September 22, 2020 Filing 122 MOTION for Extension of Time to File Preliminary Injunction by It Works Marketing, Inc.. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F)(Jr,Sanders, John)
September 18, 2020 Filing 121 NOTICE by It Works Marketing, Inc. of Filing Motion to Transfer and Consolidate (Attachments: #1 Exhibit A - Mot to Consolidate)(Sanders, John)
September 15, 2020 Filing 120 Joint MOTION to Dismiss Plaintiff's Amended Complaint [Dkt No. 107] and Memorandum of Law in Support by Kimberly Bertolucci, Katie Herold, Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Joshua Rankin, Sarah Rankin, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Krogue, Whitney)
September 15, 2020 Filing 119 Joint MOTION to Compel Mediation and Arbitration and Memorandum of Law in Support by Kimberly Bertolucci, Katie Herold, Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Joshua Rankin, Sarah Rankin, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Krogue, Whitney) Motions referred to Magistrate Judge Thomas G. Wilson.
September 15, 2020 Filing 118 MOTION to Dismiss Amended Complaint by Melaleuca Inc.. (Dreier, Douglas)
September 11, 2020 Filing 117 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Scott N. Gamertsfelder. scottgrmr@aol.com (SNG)
September 11, 2020 Filing 116 TRANSCRIPT of Discovery Hearing (via Zoom) held on August 27, 2020 before Judge Thomas G. Wilson. Court Reporter/Transcriber Scott N. Gamertsfelder,Telephone number 813.301.5898. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/2/2020, Redacted Transcript Deadline set for 10/13/2020, Release of Transcript Restriction set for 12/10/2020. (SNG)
September 11, 2020 Filing 115 TRANSCRIPT of Status Conference (via Zoom) held on August 14, 2020 before Judge Thomas P. Barber. Court Reporter/Transcriber Scott N. Gamertsfelder,Telephone number 813.301.5898. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/2/2020, Redacted Transcript Deadline set for 10/13/2020, Release of Transcript Restriction set for 12/10/2020. (SNG)
September 10, 2020 Filing 114 TRANSCRIPT information form filed by Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin re #98 Notice of Appeal. USCA number: 20-13239-J. (Dicks, John)
September 9, 2020 Opinion or Order Filing 113 ENDORSED ORDER: "Defendant Melaleuca, Inc.'s Motion for Clarification, Reconsideration, and/or Certification for Interlocutory Appeal of the Court's Order on Motion to Stay and Motion for Expedited Discovery" (Doc. #96) is denied. Signed by Judge Thomas P. Barber on 9/9/2020. (EKB)
September 8, 2020 REFUND for duplicate payment. Receipt number 113A-17240741 refunded in the amount of $ 150.00 paid to Tampa Client.. (NLC)
September 4, 2020 Filing 112 NOTICE of withdrawal of motion by Kimberly Bertolucci, Katie Herold, Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Melaleuca Inc., Ashley Olive, Brandon Olive, Lea Piccoli, Joshua Rankin, Sarah Rankin, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes re #80 Joint MOTION to Stay ProceedingsJoint MOTION to Compel Mediation and Arbitration filed by Makenzie Schultz, Geneveve Sykes, Steven Schultz, Sean Sykes, Lea Piccoli, Jeanie McWhorter, Amber Hoerner, Brandon Olive, Ashley Olive, Kellie Kaufman (Notice of Partial Withdrawal of Motion to Compel Arbitration) (Dicks, John)
September 3, 2020 Filing 111 NOTICE of withdrawal of motion by Melaleuca Inc. re #73 MOTION to Dismiss for Lack of Jurisdiction filed by Melaleuca Inc. (Attachments: #1 Exhibit A)(Dreier, Douglas)
September 2, 2020 Filing 110 RESPONSE in Opposition re #73 MOTION to Dismiss for Lack of Jurisdiction , #80 Joint MOTION to Stay ProceedingsJoint MOTION to Compel Mediation and Arbitration filed by It Works Marketing, Inc. (Jr,Sanders, John) Modified text on 9/3/2020 (AG).
September 2, 2020 Filing 109 RESPONSE in Opposition re #73 MOTION to Dismiss for Lack of Jurisdiction and Request for Extension of Time filed by It Works Marketing, Inc.(Jr,Sanders, John) Modified text on 9/3/2020 (AG).
September 2, 2020 Opinion or Order Filing 108 ENDORSED ORDER: "Defendants' Motion for Stay Pending Appeal" (Doc. #99) is denied. Signed by Judge Thomas P. Barber on 9/2/2020. (EKB)
September 1, 2020 Filing 107 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by It Works Marketing, Inc.. Related document: #1 Complaint filed by It Works Marketing, Inc.. (Attachments: #1 Appendix Appendix, #2 Exhibit It Works! Distributor Agreement, #3 Exhibit Kaufman Facebook Post, #4 Exhibit Kaufman July 20, 2020 Facebook Post, #5 Exhibit Kaufman July 22, 2020 Facebook Post, #6 Exhibit Hoerner Text Message, #7 Exhibit FTC Warning Letter to Melaleuca, #8 Exhibit Melaleuca July Leadership in Action Magazine Digital Copy, #9 Exhibit Melaleuca July Leadership in Action Magazine Digital Copy, #10 Exhibit Melaleuca July Leadership in Action Magazine Digital Copy, #11 Exhibit Melaleuca July Leadership in Action Magazine Digital Copy, #12 Exhibit Melaleuca Building Your Business Guidelines, #13 Exhibit Melaleuca ends contract with sales rep. after FTC warning - Idaho Statesman, #14 Exhibit Olive Check, #15 Exhibit It Works! Cease & Desist Letter to Ashley Olive 9.25.18, #16 Exhibit Olive Pay Statement, #17 Exhibit Schultz Check, #18 Exhibit Kaufman Income Statement, #19 Exhibit McWhorter Text Message, #20 Exhibit Sykes Income Statement, #21 Exhibit Kim Bertolucci Check and McCauley Income Statement, #22 Exhibit Check Opening Zoom Party Invite)(Jr,Sanders, John)
August 28, 2020 Filing 106 CERTIFICATE of interested persons and corporate disclosure statement re #53 Related case order and track 2 notice by It Works Marketing, Inc.. (Marquart, Ernest)
August 28, 2020 Opinion or Order Filing 105 ORDER granting in part Plaintiff's #41 MOTION to Expedite Discovery and Set Briefing Schedule on Request for Preliminary Injunction. Individual defendants shall produce the expedited discovery within two weeks from the date of the Order on the Motion to Stay (Doc. #99). Signed by Magistrate Judge Thomas G. Wilson on 8/28/2020. (AG)
August 27, 2020 Filing 104 Minute Entry. Proceedings held before Magistrate Judge Thomas G. Wilson: Discovery Hearing held on 8/27/2020. Court Reporter: Scott N. Gamertsfelder (DMS)
August 27, 2020 Filing 103 SUPPLEMENT re #96 MOTION for Clarification re #87 Order on Motion to ExpediteOrder on Motion to StayOrder on Motion to Compel Or Reconsideration or Certification for Interlocutory Appeal Supplemental Certificate of Good Faith Conference by Melaleuca Inc.. (Dreier, Douglas)
August 27, 2020 Filing 102 SUPPLEMENT re #99 MOTION to Stay re #98 Notice of Appeal Pending Appeal Defendants' Supplemental Certificate of Good Faith Conference by Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin. (Dicks, John)
August 27, 2020 Filing 101 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #98 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (LD)
August 27, 2020 Filing 100 RESPONSE to Motion re #99 MOTION to Stay re #98 Notice of Appeal Pending Appeal - Preliminary Response to Defendants' Motion to Stay Pending Appeal filed by It Works Marketing, Inc.. (Attachments: #1 Exhibit A - August 26 emails, #2 Exhibit B - Email re upcoming trial)(Marquart, Ernest)
August 26, 2020 Filing 99 MOTION to Stay re #98 Notice of Appeal Pending Appeal by Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin. (Dicks, John)
August 26, 2020 Filing 98 NOTICE OF APPEAL as to #87 Order on Motion to ExpediteOrder on Motion to StayOrder on Motion to Compel by Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin. Filing fee $ 505, receipt number 113A-17232073. (Attachments: #1 Exhibit A)(Dicks, John)
August 26, 2020 Opinion or Order Filing 97 ORDER granting #95 Motion to Appear Zoom. A Zoom invitation will be forthcoming. Signed by Magistrate Judge Thomas G. Wilson on 8/26/2020. (Wilson, Thomas)
August 26, 2020 Filing 96 MOTION for Clarification re #87 Order on Motion to ExpediteOrder on Motion to StayOrder on Motion to Compel Or Reconsideration or Certification for Interlocutory Appeal by Melaleuca Inc.. (Dreier, Douglas)
August 26, 2020 Filing 95 Joint MOTION for Jess M. Krannich, Robert J. Stovash, John L. Dicks II, Justin T. Toth, Hayden Duffy to appear telephonically , or Zoom Hearing by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Krannich, Jess)
August 24, 2020 Filing 94 CERTIFICATE of interested persons and corporate disclosure statement re #53 Related case order and track 2 notice by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Stovash, Robert)
August 24, 2020 Filing 93 NOTICE of pendency of related cases re #53 Related case order and track 2 notice per Local Rule 1.04(d) by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. Related case(s): Yes (Stovash, Robert)
August 24, 2020 Opinion or Order Filing 92 ORDER granting #84 defendant's Motion for J. Andrew Law to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 8/24/2020. (DMS)
August 21, 2020 Filing 91 AMENDED RESPONSE in Opposition re 41 MOTION to Expedite Discovery and Set Briefing Schedule on Request for Preliminary Injunction by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Krannich, Jess) Modified on 8/24/2020 as to event code. (LD).
August 21, 2020 Filing 90 NOTICE of hearing on motion: #41 Plaintiff's Motion for Expedited Discovery and to Set Briefing Schedule on Request for Preliminary Injunction. Motion Hearing set for 8/27/2020 at 02:30 PM in Tampa Courtroom 12 A, in person, before Magistrate Judge Thomas G. Wilson. Belated submissions are disfavored. Any materials submitted after 4:00 p.m. on the day before the hearing will be disregarded.(KLS)
August 21, 2020 Filing 89 NOTICE of hearing: Status Conference set for OCTOBER 14, 2020 at 02:30 PM before Judge Thomas P. Barber via ZOOM. All pertinent parties will receive a Zoom invitation by email. If necessary, a motion hearing has been scheduled for 10/28/2020 at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber to address any motion for preliminary injunction.(SRC)
August 21, 2020 Filing 88 CERTIFICATE of interested persons and corporate disclosure statement re #53 Related case order and track 2 notice by Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin. (Elias, Zarra)
August 21, 2020 Opinion or Order Filing 87 ORDER ON MOTION TO STAY & MOTION FOR EXPEDITED HEARING: "Distributor Defendants' Joint Motion to Stay Proceedings and to Compel Mediation and Arbitration" (Doc. #80) is denied in part and deferred in part. "Plaintiff's Motion for Expedited Discovery and to Set Briefing Schedule on Request for Preliminary Injunction" (Doc. #41) is granted in part and referred in part. See Order for details. Signed by Judge Thomas P. Barber on 8/21/2020. (ZRN)
August 21, 2020 Filing 86 NOTICE of pendency of related cases re #53 Related case order and track 2 notice per Local Rule 1.04(d) by It Works Marketing, Inc.. Related case(s): Yes (Marquart, Ernest)
August 21, 2020 Filing 85 NOTICE of pendency of related cases re #53 Related case order and track 2 notice per Local Rule 1.04(d) by Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin. Related case(s): no (Elias, Zarra)
August 21, 2020 Filing 84 Unopposed MOTION for J. Andrew Law to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17209852 for $150 by Melaleuca Inc.. (Dreier, Douglas) Motions referred to Magistrate Judge Thomas G. Wilson.
August 20, 2020 Opinion or Order Filing 83 ORDER granting #77 Defendants' Motion for Justin Toth to Appear Pro Hac Vice; granting #78 Defendants' Motion for Whitney Krogue to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 8/20/2020. (DMS)
August 20, 2020 Filing 82 NOTICE TO COUNSEL regarding jury trials. (SRC)
August 20, 2020 Filing 81 RESPONSE to Motion re #41 MOTION to Expedite Discovery and Set Briefing Schedule on Request for Preliminary Injunction - Preliminary Response to Motion to Stay Proceedings and to Compel Mediation and Arbitration filed by It Works Marketing, Inc.. (Attachments: #1 Exhibit A - Declaration of John Sanders, #2 Exhibit B - Email from Counsel for Distributor Defendants, #3 Exhibit C - It Works! Email response)(Marquart, Ernest)
August 19, 2020 Filing 80 Joint MOTION to Stay Proceedings, Joint MOTION to Compel Mediation and Arbitration by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Krannich, Jess) Motions referred to Magistrate Judge Thomas G. Wilson.
August 19, 2020 Filing 79 RESPONSE in Opposition re #41 MOTION to Expedite Discovery and Set Briefing Schedule on Request for Preliminary Injunction filed by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Krannich, Jess)
August 19, 2020 Filing 78 Unopposed MOTION for Whitney Krogue to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17201881 for $150 by Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin. (Attachments: #1 Special Admission Attorney Certification, #2 Written Designation and Consent-to-Act by Non-Resident Attorney)(Elias, Zarra) Motions referred to Magistrate Judge Thomas G. Wilson.
August 19, 2020 Filing 77 Unopposed MOTION for Justin T. Toth to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17201877 for $150 by Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin. (Attachments: #1 Special Admission Attorney Certification, #2 Written Designation and Consent-to-Act by Non-Resident Attorney)(Elias, Zarra) Motions referred to Magistrate Judge Thomas G. Wilson.
August 19, 2020 Filing 76 NOTICE of pendency of related cases re #53 Related case order and track 2 notice per Local Rule 1.04(d) by Melaleuca Inc.. Related case(s): yes (Dreier, Douglas)
August 19, 2020 Filing 75 CERTIFICATE of interested persons and corporate disclosure statement re #53 Related case order and track 2 notice by Melaleuca Inc.. (Dreier, Douglas)
August 19, 2020 Filing 74 RESPONSE in Opposition re #41 MOTION to Expedite Discovery and Set Briefing Schedule on Request for Preliminary Injunction filed by Melaleuca Inc.. (Dreier, Douglas)
August 19, 2020 Filing 73 MOTION to Dismiss for Lack of Jurisdiction by Melaleuca Inc.. (Dreier, Douglas)
August 18, 2020 Filing 72 NOTICE of Appearance by Zarra R. Elias on behalf of Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin (Elias, Zarra)
August 18, 2020 Filing 71 NOTICE of Appearance by John L. Dicks, II on behalf of Kimberly Bertolucci, Katie Herold, Joshua Rankin, Sarah Rankin (Dicks, John)
August 17, 2020 Opinion or Order Filing 70 ORDER granting #62 Defendants' Motion for C. Seth Ensign to Appear Pro Hac Vice; granting #63 Defendants' Motion for Jess M. Krannich to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 8/17/2020. (DMS)
August 17, 2020 Filing 69 SUPPLEMENT re #41 MOTION to Expedite Discovery and Set Briefing Schedule on Request for Preliminary Injunction by It Works Marketing, Inc.. (Attachments: #1 Exhibit Proposed Expedited Discovery)(Fabian, Jeffrey)
August 14, 2020 Opinion or Order Filing 68 ENDORSED ORDER: Plaintiff's Motion for Expedited Discovery (Doc. #22) is denied as moot. Signed by Judge Thomas P. Barber on 8/14/2020. (EKB)
August 14, 2020 Opinion or Order Filing 67 ENDORSED ORDER: As the Court stated in the status conference held in this matter on August 14, 2020, (1) the parties are directed to file any further papers relating to Plaintiff's Motion for Expedited Discovery (Doc. #41) on or before August 19, 2020, and (2) Defendants are directed to file their responses to the complaint on or before August 20, 2020. Signed by Judge Thomas P. Barber on 8/14/2020. (EKB) Modified on 8/14/2020 (SRC).
August 14, 2020 Filing 66 Minute Entry. Proceedings held before Judge Thomas P. Barber: RULE 16 STATUS CONFERENCE held on 8/14/2020. Court Reporter: Scott N. Gamertsfelder (SRC)
August 14, 2020 Filing 65 Written designation and consent to act by Robert J. Stovash on behalf of Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. Local Counsel: Robert J. Stovash. Non-Resident Counsel: Jess M. Krannich. (Stovash, Robert)
August 14, 2020 Filing 64 Written designation and consent to act by Robert J. Stovash on behalf of Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. Local Counsel: Robert J. Stovash. Non-Resident Counsel: C. Seth Ensign. (Stovash, Robert)
August 14, 2020 Filing 63 Unopposed MOTION for Jess M. Krannich to appear pro hac vice by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B- Attorney Certification)(Stovash, Robert) Motions referred to Magistrate Judge Thomas G. Wilson.
August 14, 2020 Filing 62 Unopposed MOTION for C. Seth Ensign to appear pro hac vice by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Attachments: #1 Exhibit A - Declaration, #2 Exhibit B- Attorney Certification)(Stovash, Robert) Motions referred to Magistrate Judge Thomas G. Wilson.
August 13, 2020 Filing 61 TERMINATED. MOTION for Jess M. Krannich to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17179143 for $150 Special Admission Attorney Certification by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Stovash, Robert) Motions referred to Magistrate Judge Thomas G. Wilson. NOTE: Corrected at Dkt. 63. Modified on 8/14/2020 (LD).
August 13, 2020 Filing 60 TERMINATED. MOTION for C. Seth Ensign to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17179122 for $150 Special Admission Attorney Certification by Amber Hoerner, Kellie Kaufman, Jeanie McWhorter, Ashley Olive, Brandon Olive, Lea Piccoli, Makenzie Schultz, Steven Schultz, Geneveve Sykes, Sean Sykes. (Stovash, Robert) Motions referred to Magistrate Judge Thomas G. Wilson. NOTE: Corrected at Dkt. 62. Modified on 8/14/2020 (LD).
August 13, 2020 Filing 59 Written designation and consent to act by Ernest Joseph Marquart on behalf of It Works Marketing, Inc.. Local Counsel: Ernest J. Marquart. Non-Resident Counsel: John Sullivan. (Marquart, Ernest)
August 13, 2020 Filing 58 Written designation and consent to act by Ernest Joseph Marquart on behalf of It Works Marketing, Inc.. Local Counsel: Ernest J. Marquart. Non-Resident Counsel: Rachel Koehn. (Marquart, Ernest)
August 13, 2020 Filing 57 Written designation and consent to act by Ernest Joseph Marquart on behalf of It Works Marketing, Inc.. Local Counsel: Ernest J. Marquart. Non-Resident Counsel: Katrina G. Eash. (Marquart, Ernest)
August 13, 2020 Filing 56 Written designation and consent to act by Ernest Joseph Marquart on behalf of It Works Marketing, Inc.. Local Counsel: Ernest J. Marquart. Non-Resident Counsel: Hayden Duffy. (Marquart, Ernest)
August 13, 2020 Opinion or Order Filing 55 ORDER granting #47 Plaintiff's Motion for Hayden Duffy to Appear Pro Hac Vice; granting #48 Plaintiff's Motion for Katrina G. Eash to Appear Pro Hac Vice; granting #49 Plaintiff's Motion for Rachel Koehn to Appear Pro Hac Vice; granting #50 Plaintiff's Motion for John Sullivan to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 8/13/2020. (DMS)
August 13, 2020 Opinion or Order Filing 54 ENDORSED ORDER granting #52 Motion to Appear Telephonically or via Zoom. Hearing will be conducted via Zoom. All pertinent parties will receive a Zoom invitation via email. Signed by Judge Thomas P. Barber on 8/13/2020. (SRC)
August 13, 2020 Opinion or Order Filing 53 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Thomas P. Barber on 8/13/2020. (SRC)
August 13, 2020 Filing 52 MOTION for Ernest Marquart to appear telephonically - Agreed Motion for Zoom Hearing, or in the Alternative to Appear Telephonically by It Works Marketing, Inc.. (Marquart, Ernest)
August 12, 2020 Filing 51 PROOF of service by It Works Marketing, Inc. (Attachments: #1 Exhibit A - FedEx receipts, #2 Exhibit B SendThisFile emails)(Marquart, Ernest)
August 12, 2020 Filing 50 Unopposed MOTION for John Sullivan to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17173800 for $150 by It Works Marketing, Inc.. (Attachments: #1 Exhibit A - Declaration of Mr. Sullivan, #2 Exhibit B - Special Admission Attorney Certification of Mr. Sullivan)(Marquart, Ernest) Motions referred to Magistrate Judge Thomas G. Wilson.
August 12, 2020 Filing 49 Unopposed MOTION for Rachel Koehn to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17173798 for $150 by It Works Marketing, Inc.. (Attachments: #1 Exhibit A - Declaration of Ms. Koehn, #2 Exhibit B - Special Admission Attorney Certification of Ms. Koehn)(Marquart, Ernest) Motions referred to Magistrate Judge Thomas G. Wilson.
August 12, 2020 Filing 48 Unopposed MOTION for Katrina G. Eash to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17173795 for $150 by It Works Marketing, Inc.. (Attachments: #1 Exhibit A - Declaration of Ms. Eash, #2 Exhibit B - Special Admission Attorney Certification of Ms. Eash)(Marquart, Ernest) Motions referred to Magistrate Judge Thomas G. Wilson.
August 12, 2020 Filing 47 Unopposed MOTION for Hayden Duffy to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17173793 for $150 by It Works Marketing, Inc.. (Attachments: #1 Exhibit A - Declaration of Ms. Duffy, #2 Exhibit B - Special Admission Attorney Certification of Ms. Duffy)(Marquart, Ernest) Motions referred to Magistrate Judge Thomas G. Wilson.
August 12, 2020 Filing 46 RETURN of service executed on 08/11/20 by It Works Marketing, Inc. as to Amber Hoerner. (Marquart, Ernest)
August 12, 2020 Opinion or Order Filing 45 ORDER granting #43 plaintiff's Unopposed Motion for John C.C. Sanders to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 8/12/2020. (DMS)
August 12, 2020 Filing 44 Written designation and consent to act by Ernest Joseph Marquart on behalf of It Works Marketing, Inc.. Local Counsel: Ernest J. Marquart. Non-Resident Counsel: John C.C. Sanders. (Marquart, Ernest)
August 11, 2020 Filing 43 Unopposed MOTION for John C.C. Sanders to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17168459 for $150 by It Works Marketing, Inc.. (Attachments: #1 Exhibit A - Declaration of Mr. Sanders, #2 Exhibit B - Special Admission Attorney Certification of Mr. Sanders)(Marquart, Ernest) Motions referred to Magistrate Judge Thomas G. Wilson.
August 11, 2020 Opinion or Order Filing 42 ORDER granting #39 defendant's Motion for Richard W. Smith to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 8/11/2020. (DMS)
August 10, 2020 Filing 41 MOTION to Expedite Discovery and Set Briefing Schedule on Request for Preliminary Injunction by It Works Marketing, Inc.. (Attachments: #1 Exhibit A - Facebook message to Carly Morris from Sarah Rankin, #2 Exhibit B - Facebook post from Amanda Gully, #3 Exhibit C - FedEx receipts, #4 Exhibit D - Send this File emails)(Marquart, Ernest)
August 10, 2020 Filing 40 RETURN of service executed on 08/03/20 by It Works Marketing, Inc. as to Kellie Kaufman. (Marquart, Ernest)
August 10, 2020 Filing 39 Unopposed MOTION for Richard W. Smith to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17161651 for $150 by Melaleuca Inc.. (Dreier, Douglas) Motions referred to Magistrate Judge Thomas G. Wilson.
August 7, 2020 Filing 38 RETURN of service executed on 08/01/20 by It Works Marketing, Inc. as to Sean Sykes. (Marquart, Ernest)
August 7, 2020 Filing 37 RETURN of service executed on 08/01/20 by It Works Marketing, Inc. as to Geneveve Sykes. (Marquart, Ernest)
August 7, 2020 Filing 36 RETURN of service executed on 07/31/20 by It Works Marketing, Inc. as to Steven Schultz. (Marquart, Ernest)
August 7, 2020 Filing 35 RETURN of service executed on 07/31/20 by It Works Marketing, Inc. as to Makenzie Schultz. (Marquart, Ernest)
August 7, 2020 Filing 34 RETURN of service executed on 08/01/20 by It Works Marketing, Inc. as to Sarah Rankin. (Marquart, Ernest)
August 7, 2020 Filing 33 RETURN of service executed on 08/01/20 by It Works Marketing, Inc. as to Joshua Rankin. (Marquart, Ernest)
August 7, 2020 Filing 32 RETURN of service executed on 08/01/20 by It Works Marketing, Inc. as to Lea Piccoli. (Marquart, Ernest)
August 7, 2020 Filing 31 RETURN of service executed on 08/01/20 by It Works Marketing, Inc. as to Brandon Olive. (Marquart, Ernest)
August 7, 2020 Filing 30 RETURN of service executed on 08/01/20 by It Works Marketing, Inc. as to Ashley Olive. (Marquart, Ernest)
August 7, 2020 Filing 29 RETURN of service executed on 07/31/20 by It Works Marketing, Inc. as to Jeanie McWhorter. (Marquart, Ernest)
August 7, 2020 Filing 28 RETURN of service executed on 08/03/20 by It Works Marketing, Inc. as to Katie Herold. (Marquart, Ernest)
August 7, 2020 Filing 27 RETURN of service executed on 07/31/20 by It Works Marketing, Inc. as to Melaleuca Inc.. (Marquart, Ernest)
August 5, 2020 Filing 26 NOTICE OF HEARING: Rule 16 Status Conference set for AUGUST 14, 2020 at 01:30 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC)
August 4, 2020 Opinion or Order Filing 25 ORDER: "Plaintiff's Motion for Temporary Restraining Order and Supporting Memorandum of Law" (Doc. #20) is denied. Plaintiff is directed to immediately serve on Defendants: (1) a copy of the complaint and its exhibits; (2) a copy of the TRO motion and its exhibits; and (3) a copy of this Order. Plaintiff is further directed to file proof of service on or before August 12, 2020. The Court sets a Rule 16 status conference before the undersigned on Friday, August 14, 2020, at 1:30 PM in Courtroom 14A of the Tampa Courthouse, 801 N. Florida Avenue, Tampa, Florida 33602. See Order for details. Signed by Judge Thomas P. Barber on 8/4/2020. (ZRN)
August 4, 2020 Filing 24 NOTICE of Limited Appearance by Douglas C. Dreier on behalf of Melaleuca Inc. (Dreier, Douglas)
August 4, 2020 Filing 23 NOTICE of Appearance by Jeffrey B. Fabian on behalf of It Works Marketing, Inc. (Fabian, Jeffrey)
August 4, 2020 Filing 22 MOTION to Expedite Discovery by It Works Marketing, Inc.. (Marquart, Ernest)
August 4, 2020 Filing 21 NOTICE by It Works Marketing, Inc. re #20 MOTION for Temporary Restraining Order and Supporting Memorandum of Law - Proposed Temporary Restraining Order (Marquart, Ernest)
August 3, 2020 Filing 20 MOTION for Temporary Restraining Order and Supporting Memorandum of Law by It Works Marketing, Inc.. (Attachments: #1 Exhibit Exhibit List, #2 Exhibit A - Verification of Chris Burns, #3 Exhibit B - Policies & Procedures, #4 Exhibit C - Verification of Usher Belgacem, #5 Exhibit D - Letter to Eddington re It Works Policies & Procedures, #6 Exhibit E - Melaleuca Response, #7 Exhibit F - Private messages to C. Morris from S. Rankin, #8 Exhibit G - S. Rankin instructs Balzer on how to "sneak" into the Zoom meeting, #9 Exhibit H - Rankin's Facebook post discussing Sarah's promotion of her new Melaleuca business, #10 Exhibit I - Sarah Rankin Resignation Post 07-22-20, #11 Exhibit J - Sarah Rankin Resignation Post 07-23-20, #12 Exhibit K - It Works! sent warning letter to the Rankins, #13 Exhibit L - Kaufman New Company, #14 Exhibit M - Kaufman's Facebook post about her new job, #15 Exhibit N - It Works! sent warning letter to Kaufman, #16 Exhibit O - Kaufman's Facebook post promoting her new relationship with Melaleuca, #17 Exhibit P - Kaufman's Facebook post of a picture of herself along with other Melaleuca affiliates and promoting her new Melaleuca relationship and business, #18 Exhibit Q - Kaufman's Facebook post promoting and recruiting for Melaleuca, #19 Exhibit R - Kaufman's Facebook post stating "The shift is happening. They just keep coming [...] #ThisIsHome #AllRoadsLeadHere.", #20 Exhibit S - Piccoli social media post promoting the Melaleuca business opportunity, #21 Exhibit T - Piccoli's Facebook post regarding It Works Resignation and joining Melaleuca, #22 Exhibit U - Herold's post announcing her resignation from It Works! and promoting her new Melaleuca business (without naming Melaleuca), #23 Exhibit V - Herold's second post promoting Melaleuca product, #24 Exhibit W - Non-Solicitation Defendants are using false information in their illegal recruitment to disparage It Works!, #25 Exhibit X - It Works! sent letter Piccoli about distributor cancellation, #26 Exhibit Y - It Works! sent letter Herold about distributor cancellation)(Marquart, Ernest)
July 30, 2020 Filing 19 SUMMONS issued as to All Defendants. (LD)
July 29, 2020 Filing 18 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 17 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 16 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 15 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 14 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 13 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 12 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 11 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 10 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 9 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 8 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 7 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 6 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 5 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 4 PROPOSED summons to be issued by It Works Marketing, Inc.. (Marquart, Ernest)
July 29, 2020 Filing 3 Trademark Report sent to Alexandria, VA. (Attachments: #1 Part 2 of 11, #2 Part 3 of 11, #3 Part 4 of 11, #4 Part 5 of 11, #5 Part 6 of 11, #6 Part 7 of 11, #7 Part 8 of 11, #8 Part 9 of 11, #9 Part 10 of 11, #10 Part 11 of 11) (MCB)
July 29, 2020 Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Thomas G. Wilson. New case number: 8:20-cv-1743-T-60TGW. (SJB)
July 28, 2020 Filing 1 COMPLAINT for Injunctive Relief and Damages against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-17110375) filed by It Works Marketing, Inc. (Attachments: #1 Exhibit Index, #2 Exhibit 1 - It Works! Distributor Agreement, #3 Exhibit 2 - Hoerner Text Message, #4 Exhibit 3 - FTC Warning Letter to Melaleuca, #5 Exhibit 4 Part A - Melaleuca July Leadership in Action Magazine Digital Copy - pages 1-15, #6 Exhibit 4 Part B - Melaleuca July Leadership in Action Magazine Digital Copy - pages 16-24, #7 Exhibit 4 Part C - Melaleuca July Leadership in Action Magazine Digital Copy - pages 25-38, #8 Exhibit 4 Part D - Melaleuca July Leadership in Action Magazine Digital Copy - pages 39-56, #9 Exhibit 5 - Melaleuca Building your Business Guidelines, #10 Exhibit 6 - Melaleuca ends contract with sales rep. after FTC warning - Idaho Statesman, #11 Exhibit 7 - Olive Check, #12 Exhibit 8 - It Works! Cease and Desist Letter to Ashley Olive 9.25.18, #13 Exhibit 9 - Olive Pay Statement, #14 Exhibit 10 - Schultz Check, #15 Exhibit 11 - Kaufman Income Statement, #16 Exhibit 12 - McWhorter Text Message, #17 Exhibit 13 - Sykes Income Statement, #18 Exhibit 14 - Kim Bertolucci Check and McCauley Income Statement, #19 Exhibit 15 - Check Opening Zoom Party Invite, #20 Civil Cover Sheet)(Marquart, Ernest) Modified text on 7/29/2020 (MCB).

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Search for this case: It Works Marketing, Inc. v. Melaleuca Inc. et al
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Defendant: Brandon Olive
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Katie Harold
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Defendant: Sarah Rankin
Represented By: Whitney Hulet Krogue
Represented By: Justin T. Toth
Represented By: John L. Dicks, II
Represented By: Zarra R. Elias
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Defendant: Geneveve Sykes
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Melaleuca Inc.
Represented By: J. Andrew Law
Represented By: Douglas C. Dreier
Represented By: Richard W. Smith
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Defendant: Jeanie McWhorter
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Amber Hoerner
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Joshua Rankin
Represented By: Whitney Hulet Krogue
Represented By: Justin T. Toth
Represented By: John L. Dicks, II
Represented By: Zarra R. Elias
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Defendant: Makenzie Schultz
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Kellie Kaufman
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Kimberly Bertolucci
Represented By: Whitney Hulet Krogue
Represented By: Justin T. Toth
Represented By: John L. Dicks, II
Represented By: Zarra R. Elias
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Defendant: Lea Piccoli
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Sean Sykes
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Ashley Olive
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Steven Schultz
Represented By: Seth Ensign
Represented By: Jess M. Krannich
Represented By: Robert J. Stovash
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Defendant: Katie Herold
Represented By: Whitney Hulet Krogue
Represented By: Justin T. Toth
Represented By: John L. Dicks, II
Represented By: Zarra R. Elias
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Defendant: Kimberly McCauley
Represented By: Whitney Hulet Krogue
Represented By: Justin T. Toth
Represented By: John L. Dicks, II
Represented By: Zarra R. Elias
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Plaintiff: It Works Marketing, Inc.
Represented By: Ernest Joseph Marquart
Represented By: Katrina G. Eash
Represented By: Jeffrey B. Fabian
Represented By: Hayden Duffy
Represented By: John C.C. Jr,Sanders, Jr.
Represented By: John Sullivan
Represented By: Rachel Koehn
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