It Works! Marketing v. Melaleuca Inc
Plaintiff: It Works! Marketing
Defendant: Melaleuca Inc
Petitioner: Tammy Risner
Case Number: 2:2021mc00002
Filed: January 27, 2021
Court: U.S. District Court for the Southern District of Ohio
Presiding Judge: James L Graham
Referring Judge: Kimberly A Jolson
Nature of Suit: Contract: Other
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 10, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 10, 2021 Opinion or Order ***Civil Case Terminated. (ds)
March 29, 2021 Opinion or Order Filing 15 OPINION AND ORDER denying #11 Motion for Attorney Fees and Costs. Signed by Magistrate Judge Kimberly A. Jolson on March 29, 2021. (jlk)
March 8, 2021 Opinion or Order Filing 14 REPLY to Response to Motion re #11 MOTION for Attorney Fees & Costs filed by Movant Tammy Risner. (Rathke, Sarah)
March 2, 2021 Opinion or Order Filing 13 RESPONSE in Opposition re #11 MOTION for Attorney Fees & Costs filed by Plaintiff It Works! Marketing. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Sanders, Jr., John)
February 17, 2021 Opinion or Order Filing 12 NOTATION ORDER - Briefing on Movant's Motion for Attorney Fees (Doc. #11 ) is hereby expedited. Plaintiff shall file its response on or before March 1, 2021, with any reply due seven (7) days thereafter. Signed by Magistrate Judge Kimberly A. Jolson on 2/17/21. (jr)
February 17, 2021 Opinion or Order Set/Reset Deadlines: Responses due by 3/1/2021 (mdr)
February 16, 2021 Opinion or Order Filing 11 MOTION for Attorney Fees & Costs by Movant Tammy Risner. (Attachments: #1 Exhibit A - Risner Subpoena, #2 Exhibit B - 1.26.21 Ensign Email, #3 Exhibit C - 1.27.21 Sanders Initial Response Email, #4 Exhibit D - 1.27.21 Sanders Exchange, #5 Exhibit E - Winston & Strawn Letter, #6 Exhibit F - 1.30.21 Sanders Email, #7 Exhibit G - Meet and Confer Risner Answers, #8 Exhibit H - It Works Withdrawa, #9 Exhibit I - Rathke Declaration, #10 Exhibit J - Risner Invoices) (Rathke, Sarah)
February 9, 2021 Opinion or Order Filing 10 STATUS REPORT Joint Status Report by Plaintiff It Works! Marketing, Movant Tammy Risner. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Taylor, Jesse)
February 2, 2021 Opinion or Order Filing 9 ORDER - This matter came before the Court this morning for a telephonic status conference regarding Movant Tammy Risner's Motion to Quash (Doc. 1). At the conference, Plaintiff represented that it would work with Movant to narrow the scope of the Rule 45 subpoena and afford Movant additional time to respond. Plaintiff and Movant agreed to meet and confer regarding these matters, among others. As directed, they shall file a joint status report within seven (7) days of the date of this Order, updating the Court on the outcome of these discussions. So that Movant and Plaintiff may focus their efforts on reaching an agreeable resolution, briefing on the Motion to Quash, as well as Movant's obligation to respond to the subpoena is STAYED pending the Court's review of the forthcoming status report. Signed by Magistrate Judge Kimberly A. Jolson on 02/02/2021. (mdr)
February 2, 2021 Opinion or Order Filing 8 NOTATION ORDER Granting #5 and #6 Motions for Leave to Appear Pro Hac Vice of John Christopher Cimaglia Sanders, Jr. and Hayden Lawson Duffy as Co-Counsels. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Kimberly A. Jolson on 02/02/2021. (mdr)
February 2, 2021 Opinion or Order Minute Entry for proceedings held before Magistrate Judge Kimberly A. Jolson: Status Conference held on 2/2/2021. (jr)
February 2, 2021 Opinion or Order Set/Reset Deadlines: Joint Status Report due by 2/9/2021. (mdr)
February 1, 2021 Opinion or Order Filing 7 NOTICE of Preliminary Statement for Status Conference by Plaintiff It Works! Marketing re #1 MOTION to Quash RULE 45 SUBPOENA ISSUED BY IT WORKS! MARKETING, INC. AND TO AWARD COSTS AND FEES ( Filing fee $ 49 paid - receipt number: AOHSDC-8051526) Preliminary Statement for Status Conference (Attachments: #1 Exhibit A - Emails btwn JS and Sarah, #2 Exhibit B - 2020-12-02 Melaleuca - Objections and Responses to 1st RFAs, #3 Exhibit C - D73 Melaleuca's MTD or MTC Arbitration, #4 Exhibit D - D80 Joint Motion to Stay Proceeding and Compel ADR, #5 Exhibit E - D87 Order On Mot to Stay and Mot for Expedited Discovery, #6 Exhibit F - D96 Melaleuca's Mot for Clarification on Order on Mot to Stay, #7 Exhibit G - D113 Order Denying Melaleuca's Mot for Clarification..., #8 Exhibit H - D99 Mot to Stay re Notice of Appeal, #9 Exhibit I - D108 Endorsed Order - Defs' Mot for Stay is Denied, #10 Exhibit J - D179 Defs' Emergency Mot for Status Conference and Stay of Non-Party Discovery, #11 Exhibit K - D184 Order Denying Defs' Emergency Mot for Status Conference and Stay, #12 Exhibit L - Emails Btwn JS and MCBB, #13 Exhibit M - Texts w Lofquist, #14 Exhibit N - Email from Hodge, #15 Exhibit O - D145 Order Denying Distributor Defs' Jt MTC, #16 Exhibit P - D157 Distributor Defs' Obj to MTC, #17 Exhibit Q - 150-69, #18 Exhibit R - 150-18, #19 Exhibit S - 150-19, #20 Exhibit T - 150-70, #21 Exhibit U - 150-71, #22 Exhibit V - 150-72, #23 Exhibit W - 150-73, #24 Exhibit X - Cover Ltr and Subpoena (Tammy Risner), #25 Exhibit Y - Affidavit of Service, #26 Exhibit Z - Text Messages w Adams, #27 Exhibit AA - Resp to Emergency Mtn) (Campbell, Drew) Modified text to conform with the PDF document on 2/2/2021 (mdr).
February 1, 2021 Opinion or Order Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8071226) of Hayden Lawson Duffy by Plaintiff It Works! Marketing. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Campbell, Drew)
February 1, 2021 Opinion or Order Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8071218) of John Christopher Cimaglia Sanders, Jr. by Plaintiff It Works! Marketing. (Attachments: #1 Exhibit A - Certificate of Good Standing) (Campbell, Drew)
February 1, 2021 Opinion or Order Filing 4 NOTICE of Appearance by Drew H Campbell for Plaintiff It Works! Marketing (Campbell, Drew)
January 28, 2021 Opinion or Order Filing 3 NOTATION ORDER - Status Conference set for 2/2/2021 11:00 AM in Teleconference before Magistrate Judge Kimberly A. Jolson. Counsel shall call 1-888-684-8852 to participate in the telephone conference with Magistrate Judge Kimberly A. Jolson. The conference access code is 3189690 and the security code is 2102. Counsel for Movant is DIRECTED to serve this Order upon counsel for Plaintiff. Signed by Magistrate Judge Kimberly A. Jolson on 1/28/21. (jr)
January 28, 2021 Opinion or Order Filing 2 NOTICE of Appearance by Jesse L. Taylor for Movant Tammy Risner (Taylor, Jesse)
January 28, 2021 Opinion or Order Filing 1 MOTION to Quash RULE 45 SUBPOENA ISSUED BY IT WORKS! MARKETING, INC. AND TO AWARD COSTS AND FEES ( Filing fee $ 49 paid - receipt number: AOHSDC-8051526), filed by Tammy Risner. (Attachments: #1 Ex. A - Declaration of Tammy Risner, #2 Ex. B - Complaint for Injunctive Relief and Damages, #3 Ex. C - Melaleuca's Motion to Dismiss First Amended Complaint, #4 Ex. D - Defendants' Joint Renewed Motion to Compel Mediation, #5 Ex. E - Defendants' Joint Motion to Dismiss Amended Complaint, #6 Ex. F - Defendant Melaleuca, Incs Opposition to Plaintiffs Motion to Compel Melaleucas Responses to Requests for Production, #7 Ex. G - Order Denying Defendants Emergency Motion for a Status Conference and Stay of Non-Party Discovery, #8 Ex. H - Civil Cover sheet, #9 Ex. I - Proposed Order) (Rathke, Sarah) (Attachment 8 replaced on 1/28/2021) (er).
January 28, 2021 Opinion or Order Judge James L. Graham and Magistrate Judge Kimberly A. Jolson added. Motions referred to Kimberly A. Jolson. (er)

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Plaintiff: It Works! Marketing
Represented By: Hayden Lawson Duffy
Represented By: Drew H Campbell
Represented By: John Christopher Cim Sanders, Jr., Jr
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Petitioner: Tammy Risner
Represented By: Jesse L. Taylor
Represented By: Sarah Kathryn Rathke
Represented By: Rebecca W. Haverstick
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Defendant: Melaleuca Inc
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