O'Shaughnessy v. Young Living Essential Oils, LC et al
| Julie O'Shaughnessy |
| Jared Turner, Benjamin Riley, Mary Young, The Young Living Foundation, Inc., Young Living Essential Oils, LC and Young Living Essential Oils, LC doing business as Young Living Essential Oils |
| 2:2020cv00470 |
| June 30, 2020 |
| US District Court for the District of Utah |
| Howard C Nielson |
| Dustin B Pead |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 9, 2023. A more recent docket listing may be available from PACER.
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Filing 168
ORDER granting #167 Motion for Admission Pro Hac Vice of Attorney Jonathan David Kelley for Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 9/21/22. (dla)
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Filing 167
MOTION for Admission Pro Hac Vice of Jon David Kelley , Registration fee $ 250, receipt number AUTDC-4453242,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit Order Granting Admission Pro Hac Vice Admission (Jon David Kelley))(Johansen, Bryan)
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Filing 166
ORDER granting #165 Motion for Admission Pro Hac Vice of Attorney Alison Battiste for Julie O'Shaughnessy.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 6/3/22. (dla)
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Filing 165
MOTION for Admission Pro Hac Vice of Alison Battiste , Registration fee $ 250, receipt number AUTDC-4351261,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Julie O'Shaughnessy. (Attachments: #1 Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting Pro Hac Vice Admission of Alison Battiste)(Von Maack, Christopher)
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Filing 164
ANSWER to #146 Amended Complaint with Jury Demand filed by Young Living Essential Oils, LC.(Atkinson, Stefan)
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Filing 163
ORDER granting #162 Stipulated Motion for Extension of Time for Defendants to File an Answer to Plaintiff's Second Amended Class Action Complaint. Signed by Magistrate Judge Dustin B. Pead on 3/7/22. (dla)
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Filing 162
MOTION for Extension of Time to File Answer re #146 Amended Complaint / Defendant's Unopposed Motion for Extension of Time to File its Answer to Plaintiff's Second Amended Class Action Complaint filed by Defendant Young Living Essential Oils, LC. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Fielding, Jeremy)
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Filing 161
Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 2/23/2022 re #151 MOTION to Dismiss and Memorandum in Support / Defendant's Motion to Dismiss Plaintiff's Second Amended Class Action Complaint and Strike Portions of the Second Amended Class Action Complaint that Violate the Court's June 24, 2021 order filed by Young Living Essential Oils, LC. All parties appearing via video conference. Court heard argument on the motion. For the reasons stated on the record, the court DENIED Defendant's motion. Written Order to follow oral order: No. Attorney for Plaintiff: David Rowe, Robert Linkin, Attorney for Defendant: Christopher Fernandez, Jeff Hunt. Court Reporter: Laura Robinson. (Time Start: 11:00, Time End: 12:45, Room: zoom video.) (mlp)
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Filing 160
NOTICE OF HEARING ON MOTION re: #151 MOTION to Dismiss and Memorandum in Support / Defendant's Motion to Dismiss Plaintiff's Second Amended Class Action Complaint and Strike Portions of the Second Amended Class Action Complaint that Violate the Court's June 24, 2021 Order : (Notice generated by HCN chambers) Court Reporter required Y. Interpreter required N. Is this an In-person Hearing Y. Motion Hearing set for 2/23/2022 at 11:00 AM before Judge Howard C. Nielson, Jr.Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at utdecf_nielson@utd.uscourts.gov (mlp)
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Filing 159
ORDER granting #158 Motion for Admission Pro Hac Vice of Attorney Christopher Fernandez for Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/22/21. (dla)
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Filing 158
MOTION for Admission Pro Hac Vice of Christopher Fernandez , Registration fee $ 250, receipt number AUTDC-4201270,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit Order Granting Admission Pro Hac Vice (Christopher Fernandez)))(Johansen, Bryan)
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Filing 157
REPLY to Response to Motion re #151 MOTION to Dismiss and Memorandum in Support / Defendant's Motion to Dismiss Plaintiff's Second Amended Class Action Complaint and Strike Portions of the Second Amended Class Action Complaint that Violate the Court's June 24, 2021 Or filed by Defendant Young Living Essential Oils, LC. (Atkinson, Stefan)
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Filing 156
Plaintiff's RESPONSE to Motion re #151 MOTION to Dismiss and Memorandum in Support / Defendant's Motion to Dismiss Plaintiff's Second Amended Class Action Complaint and Strike Portions of the Second Amended Class Action Complaint that Violate the Court's June 24, 2021 Or filed by Plaintiff Julie O'Shaughnessy. (Von Maack, Christopher)
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Filing 155
ORDER granting #154 Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss. Signed by Magistrate Judge Dustin B. Pead on 8/30/21. (dla)
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Filing 154
MOTION for Extension of Time of Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss filed by Plaintiff Julie O'Shaughnessy. (Attachments: #1 Text of Proposed Order Exhibit A- Proposed Order) Motions referred to Dustin B. Pead.(Von Maack, Christopher)
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Filing 153
ORDER granting #152 Motion for Admission Pro Hac Vice of Attorney Stefan Atkinson for Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 8/6/21. (jwt)
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Filing 152
MOTION for Admission Pro Hac Vice of Stefan Atkinson , Registration fee $ 250, receipt number AUTDC-4074723,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit Order Granting Pro Hac Vice - Stefan Atkinson)(Johansen, Bryan)
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Filing 151
MOTION to Dismiss and Memorandum in Support / Defendant's Motion to Dismiss Plaintiff's Second Amended Class Action Complaint and Strike Portions of the Second Amended Class Action Complaint that Violate the Court's June 24, 2021 Order filed by Defendant Young Living Essential Oils, LC. (Attachments: #1 Declaration of Rachael A. Rezabek in Support, #2 Exhibit A to Declaration, #3 Exhibit B to Declaration)(Fielding, Jeremy)
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Filing 150
ORDER granting #149 Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Second Amended Class Action Complaint: Young Living shall have up to and including August 2, 2021, to answer, move, or otherwise respond to the Second Amended Class Action Complaint. Signed by Magistrate Judge Dustin B. Pead on 7/9/21. (dla)
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Filing 149
MOTION for Extension of Time to File Answer re #146 Amended Complaint / Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Second Amended Class Action Complaint filed by Defendant Young Living Essential Oils, LC. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Fielding, Jeremy)
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Filing 147
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing and Oral Rulings Via Zoom held on 6/24/21 3:00 p.m. to 4:24 p.m. before Judge Howard C. Nielson, Jr.. Court Reporter/Transcriber Teena Green, RPR, CRR, CBC, Telephone number (801) 910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 7/27/2021. Redacted Transcript Deadline set for 8/6/2021. Release of Transcript Restriction set for 10/4/2021. (dla) Modified to remove restricted text on 10/4/2021 (jl).
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Filing 146
AMENDED COMPLAINT against Young Living Essential Oils, LC with Jury Demand. Removed Defendants: Benjamin Riley, The Young Living Foundation, Inc, Jared Turner,Mary Yound. filed by Julie O'Shaughnessy. (Von Maack, Christopher)
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Filing 145
Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 6/24/2021 re #98 MOTION to Dismiss - FRCP 12(b)(6) and 9(b) filed by Mary Young, Young Living Essential Oils, LC, Jared Turner, #131 Plaintiff's MOTION to Amend/Correct Complaint filed by Julie O'Shaughnessy.All parties appearing via video conference. Court heard argument from all parties. For reasons stated at the hearing #98 Motion to Dismiss is GRANTED. #131 Motion to Amend/Correct is DENIED with respect to the proposed amendments to the RICO claims and GRANTED with respect to the proposed federal securities claims. Plaintiff shall delete Counts I-III and any allegations relevant only to these Counts from [131-1] Proposed Second Amended Class Action Complaint and file the Second Amended Complaint without further changes to the allegations no later than July 2, 2021.Written Order to follow oral order: No Attorney for Plaintiff: Robert Linkin, David Rowe, Austin Tighe, Christopher Von Maack, Attorney for Defendant: Olivia Adendorff, Jeremy Fielding, Bryan Johansen, Grant Jones, Rachael Rezabek. Court Reporter: Teena Green. (Time Start: 3:00, Time End: 4:30, Room: video conference.) (mlp)
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Filing 144
NOTICE OF HEARING ON MOTION re: #131 Plaintiff's MOTION to Amend/Correct Complaint : (Notice generated by HCN chambers). Motion Hearing set for 6/24/2021 at 03:00 PM before Judge Howard C. Nielson, Jr. Hearing will be held via ZOOM. Link will be emailed to counsel. Members of the public or media who are interested in viewing this hearing may contact chambers at utdecf_nielson@utd.uscourts.gov (mlp)
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Modification of Docket re #142 Reply Memorandum/Reply to Response to Motion. Error: Wrongly formatted document was filed incorrectly. Correction: Entry has been marked as erroneous - correct version was filed as #143 Reply Memorandum. (alt)
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Filing 143
Plaintiff's REPLY to Response to Motion re #131 Plaintiff's MOTION to Amend/Correct Complaint filed by Plaintiff Julie O'Shaughnessy. (Von Maack, Christopher)
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Filing 142
ERROR: INCORRECT DOCUMENT FILED INCORRECTLY - Plaintiff's REPLY to Response to Motion re #134 MOTION for Leave to File Excess Pages for Memorandum in Opposition to Plaintiff's Motion for Leave to File Amended Complaint filed by Plaintiff Julie O'Shaughnessy. (Rowe, J.) Modified on 5/5/2021: correct version of document is filed as #143 Reply Memorandum (alt)
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Filing 141
ORDER granting #140 Stipulated Motion for Extension of Time to File Reply Memorandum Supporting Plaintiff's Motion for Leave to Amend Complaint: Plaintiff may file her reply memorandum on or before April 30, 2021. Signed by Magistrate Judge Dustin B. Pead on 4/21/21. (dla)
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Filing 140
Stipulated MOTION for Extension of Time to File Reply Memorandum Supporting Plaintiffs Motion for Leave to Amend Complaint filed by Plaintiff Julie O'Shaughnessy. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion for Extension of Time to File Reply Memorandum Supporting Plaintiffs Motion for Leave to Amend Complaint) Motions referred to Dustin B. Pead.(Von Maack, Christopher)
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Filing 139
AFFIDAVIT/DECLARATION of Rachael Rezabek in Opposition re #131 Plaintiff's MOTION to Amend/Correct Complaint filed by Defendants The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Rezabek, Rachael)
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Filing 138
RESPONSE to Motion re #131 Plaintiff's MOTION to Amend/Correct Complaint filed by Defendants The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. Attorney Rachael A. Rezabek added to party The Young Living Foundation, Inc.(pty:dft)(Rezabek, Rachael)
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Filing 137
ORDER GRANTING DEFENDANTS' UNOPPOSED #134 MOTION TO EXTEND PAGE LIMITS FOR DEFENDANTS' MEMORANDUM IN OPPOSITION TO PLAINTIFF'S MOTION FOR LEAVE TO FILE AMENDED COMPLAINT. Defendants are permitted an additional five pages for their Memorandum in Opposition to Plaintiffs Motion for Leave to File Amended Complaint exclusive of face sheet, table of contents, table of authorities, signature block, certificate of service, and appendix. Signed by Magistrate Judge Dustin B. Pead on 04/07/2021. (jl)
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Filing 136
Motions No Longer Referred: #131 Plaintiff's MOTION to Amend/Correct Complaint. This motion will be heard by the district judge. (mjw)
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Filing 135
REQUEST to Submit for Decision re #134 MOTION for Leave to File Excess Pages for Memorandum in Opposition to Plaintiff's Motion for Leave to File Amended Complaint filed by Defendant Young Living Essential Oils, LC. (Rezabek, Rachael)
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Filing 134
MOTION for Leave to File Excess Pages for Memorandum in Opposition to Plaintiff's Motion for Leave to File Amended Complaint filed by Defendant Young Living Essential Oils, LC. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Rezabek, Rachael)
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Filing 132
**RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Via Zoom held on 3/17/21 before Judge Howard C. Nielson, Jr.. Court Reporter/Transcriber Teena Green, RPR, CRR, CBC, Telephone number (801) 910-4092. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. 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. Redaction Request due 4/27/2021. Redacted Transcript Deadline set for 5/7/2021. Release of Transcript Restriction set for 7/6/2021. (dla) Modified to remove restricted text on 7/6/2021 (jl).
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Filing 131
Plaintiff's MOTION to Amend/Correct Complaint filed by Plaintiff Julie O'Shaughnessy. (Attachments: #1 Exhibit Exhibit A Proposed Second Amended Class Action, #2 Exhibit Exhibit B Redline Proposed Second Amended Class Action Complaint) Motions referred to Dustin B. Pead.(Von Maack, Christopher)
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Filing 130
Minute Order. Proceedings held before Judge Howard C. Nielson, Jr. Motion Hearing held on 3/17/2021 re #98 MOTION to Dismiss - FRCP 12(b)(6) and 9(b) filed by Mary Young, Young Living Essential Oils, LC, Jared Turner.All parties appearing via video conference. Court heard argument and took under advisement #98 Motion to Dismiss. Attorney for Plaintiff: Christopher VonMaack, Austin Tighe, David Rowe, Robert Linkin, Attorney for Defendant: Jeremy Fielding,Jeffrey Hunt, Olivia Adendorff, Rachael Rezabek, Grant Jones. Court Reporter: Teena Green (Time Start: 1:00, Time End: 2:45, Room: zoom video.) (mlp)
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Filing 129
ORDER granting #128 Mary T. McCarthy's Motion to Withdraw as Counsel. Signed by Magistrate Judge Dustin B. Pead on 2/4/21. (dla)
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Filing 128
MOTION to Withdraw as Counsel filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(McCarthy, Mary)
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Filing 127
NOTICE OF HEARING ON MOTION re: #98 MOTION to Dismiss - FRCP 12(b)(6) and 9(b) : (Notice generated by HCN chambers. Motion Hearing set for 3/17/2021 at 01:00 PM in Rm 7.300 before Judge Howard C. Nielson, Jr. (mlp)
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Filing 126
ORDER granting #122 Motion for Admission Pro Hac Vice of Attorney Rachael A. Rezabek for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/2/2020. (lnp)
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Filing 125
ORDER granting #121 Motion for Admission Pro Hac Vice of Attorney James Grant Jones for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/2/2020. (lnp)
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Filing 124
ORDER granting #120 Motion for Admission Pro Hac Vice of Attorney Jeremy A. Fielding for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/2/2020. (lnp)
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Filing 123
ORDER granting #119 Motion for Admission Pro Hac Vice of Attorney Olivia Arden Adendorff for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 12/2/2020. (lnp)
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Filing 122
MOTION for Admission Pro Hac Vice of Rachael Rezabek , Registration fee $ 250, receipt number AUTDC-3766528,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Exhibit Order Granting Admission Pro Hac Vice)(Johansen, Bryan)
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Filing 121
MOTION for Admission Pro Hac Vice of James Grant Jones , Registration fee $ 250, receipt number BUTDC-3766523,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Exhibit Order Granting Admission Pro Hac Vice)(Johansen, Bryan)
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Filing 120
MOTION for Admission Pro Hac Vice of Jeremy A. Fielding , Registration fee $ 250, receipt number AUTDC-3766515,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Exhibit Order Granting Admission Pro Hac Vice (Olivia Adendorff))(Johansen, Bryan)
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Filing 119
MOTION for Admission Pro Hac Vice of Olivia Adendorff , Registration fee $ 250, receipt number AUTDC-3766421,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application for Pro Hac Vice, #2 Exhibit Order Granting Admission Pro Hac Vice (Olivia Adendorff))(Johansen, Bryan)
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Filing 118
REPLY to Response to Motion re #98 MOTION to Dismiss - FRCP 12(b)(6) and 9(b) filed by Defendant Young Living Essential Oils, LC. (Johansen, Bryan)
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Filing 117
ORDER granting #115 Defendants' Unopposed Motion to File Overlength Reply. Defendants are permitted an additional four pages for their Reply to their Motion to Dismiss exclusive of face sheet, table of contents, table of authorities, signature block, certificate of service, and appendix. Signed by Magistrate Judge Dustin B. Pead on 9/3/2020. (lnp)
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Filing 116
REQUEST to Submit for Decision re #115 Defendant's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendant The Young Living Foundation, Inc.. (Johansen, Bryan)
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Filing 115
Defendant's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendant Young Living Essential Oils, LC. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(Johansen, Bryan)
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Filing 114
ORDER granting #111 Motion for Admission Pro Hac Vice of Attorney Austin Tighe for Julie O'Shaughnessy.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Dustin B. Pead on 8/17/2020. (lnp)
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Filing 113
MEMORANDUM in Opposition re #98 MOTION to Dismiss - FRCP 12(b)(6) and 9(b) filed by Plaintiff Julie O'Shaughnessy. (Von Maack, Christopher)
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Filing 112
ORDER OF RECUSAL Magistrate Judge Jared C. Bennett recused. Case reassigned to Magistrate Judge Dustin B. Pead for all further proceedings. Motions referred to Dustin B. Pead. Signed by Magistrate Judge Jared C. Bennett on 8/10/2020. (lnp)
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Filing 111
MOTION for Admission Pro Hac Vice of Austin Tighe , Registration fee $ 250, receipt number AUTDC-3672836,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Julie O'Shaughnessy. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission Austin Tighe, #2 Text of Proposed Order Order Granting Pro Hac Vice Admission of Austin Tighe)(Von Maack, Christopher)
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Filing 110
ORDER granting #107 Motion for Admission Pro Hac Vice of Attorney J. David Rowe for Julie O'Shaughnessy.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 8/4/2020. (lnp)
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Filing 109
ORDER granting #106 Motion for Admission Pro Hac Vice of Attorney Robert E. Linkin for Julie O'Shaughnessy.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 8/4/2020. (lnp)
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Filing 108
ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within fourteen (14) days after the court issues its ruling on Defendant(s)' motion(s) to dismiss. See order for additional instructions. Signed by Magistrate Judge Jared C. Bennett on 8/4/2020. (lnp)
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Filing 107
MOTION for Admission Pro Hac Vice of J. David Rowe , Registration fee $ 250, receipt number AUTDC-3669921,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Julie O'Shaughnessy. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission of J. David Rowe, #2 Text of Proposed Order Order Granting Pro Hac Vice Admission of J. David Rowe)(Von Maack, Christopher)
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Filing 106
MOTION for Admission Pro Hac Vice of Robert E. Linkin , Registration fee $ 250, receipt number AUTDC-3669888,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff Julie O'Shaughnessy. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission of Robert E. Linkin, #2 Text of Proposed Order Order Granting Pro Hac Vice Admission of Robert E. Linkin)(Von Maack, Christopher)
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Filing 105
NOTICE of Appearance by Jason A. McNeill on behalf of Julie O'Shaughnessy (McNeill, Jason)
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Filing 104
NOTICE of Appearance by Christopher M. Von Maack on behalf of Julie O'Shaughnessy (Von Maack, Christopher)
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Filing 103
Mail sent to John C.C. Sanders, Jr. re #79 Returned as Unable to Forward/Return to Sender/Attempted to Forward. Address has been updated to reflect updated address re [86-1]. (lnp)
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Filing 102
ORDER denying as moot #70 Motion to Dismiss for Lack of Personal Jurisdiction and Venue; granting #100 Motion to Dismiss as Moot Defendants Mary Young and Jared Turner's Motion to Dismiss for Lack of Personal Jurisdiction and Venue. Signed by Magistrate Judge Jared C. Bennett on 7/31/2020. (lnp)
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Filing 101
ORDER granting #99 Motion for Extension of Time to File Response/Reply re #98 MOTION to Dismiss - FRCP 12(b)(6) and 9(b). IT IS HEREBY ORDERED that the deadline for Plaintiff to respond to Defendants' Supplemented Motion to Dismiss is August 14, 2020. IT IS FURTHER ORDERED that the deadline for Defendants to reply to Plaintiff's response to the Supplemented Motion to Dismiss is September 4, 2020. Signed by Magistrate Judge Jared C. Bennett on 7/31/2020. (lnp)
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Filing 100
MOTION to Dismiss as Moot, Defendant's MOTION re #70 MOTION to Dismiss for Lack of Jurisdiction and Venue filed by Defendant Young Living Essential Oils, LC. (Attachments: #1 Exhibit A) Motions referred to Jared C. Bennett.(Johansen, Bryan)
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Filing 99
MOTION for Extension of Time to File Response/Reply as to #98 MOTION to Dismiss - FRCP 12(b)(6) and 9(b) filed by Defendant Young Living Essential Oils, LC. (Attachments: #1 Exhibit A - Proposed Order) Motions referred to Jared C. Bennett.(Johansen, Bryan)
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Filing 98
MOTION to Dismiss - FRCP 12(b)(6) and 9(b) filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Melsheimer, Thomas)
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Filing 97
ORDER granting #87 Motion for Admission Pro Hac Vice of Attorney John Sullivan for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 7/16/2020. (lnp)
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Filing 96
ORDER granting #86 Motion for Admission Pro Hac Vice of Attorney John C.C. Sanders, Jr. for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 7/16/2020. (lnp)
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Filing 95
ORDER granting #85 Motion for Admission Pro Hac Vice of Attorney Thomas M. Melsheimer for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 7/16/2020. (lnp)
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Filing 94
ORDER granting #84 Motion for Admission Pro Hac Vice of Attorney Mary McCarthy for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 7/16/2020. (lnp)
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Filing 93
ORDER granting #83 Motion for Admission Pro Hac Vice of Attorney Katrina G. Eash for Jared Turner, Mary Young, Young Living Essential Oils, LC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Jared C. Bennett on 7/16/2020. (lnp)
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Filing 92
ORDER granting #82 Unopposed Motion to Supplement Defendants' Motion to Dismiss and Extend Briefing Deadlines. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Jared C. Bennett on 7/16/2020. (lnp)
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Filing 91
NOTICE of Appearance by Jeffrey J. Hunt on behalf of The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC (Hunt, Jeffrey)
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Filing 90
NOTICE of Appearance by David C. Reymann on behalf of The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC (Reymann, David)
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Filing 89
NOTICE of Appearance by Robert S. Clark on behalf of Jared Turner, Mary Young, Young Living Essential Oils, LC (Clark, Robert)
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Filing 88
NOTICE of Appearance by Bryan S. Johansen on behalf of Jared Turner, Mary Young, Young Living Essential Oils, LC (Johansen, Bryan)
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Filing 87
MOTION for Admission Pro Hac Vice of John Sullivan , Registration fee $ 250, receipt number AUTDC-3644573,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Clark, Robert)
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Filing 86
MOTION for Admission Pro Hac Vice of John C.C. Sanders, Jr. , Registration fee $ 250, receipt number AUTDC-3644564,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Clark, Robert)
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Filing 85
MOTION for Admission Pro Hac Vice of Thomas M. Melsheimer , Registration fee $ 250, receipt number AUTDC-3644557,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Clark, Robert)
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Filing 84
MOTION for Admission Pro Hac Vice of Mary McCarthy , Registration fee $ 250, receipt number AUTDC-3644544,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Clark, Robert)
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Filing 83
MOTION for Admission Pro Hac Vice of Katrina Eash , Registration fee $ 250, receipt number AUTDC-3644533,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Clark, Robert)
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Filing 82
Supplemental MOTION to Amend/Correct #71 Motion to Dismiss for Failure to State a Claim filed by Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Text of Proposed Order) Motions referred to Jared C. Bennett. Attorney Robert S. Clark added to party Jared Turner(pty:dft), Attorney Robert S. Clark added to party Mary Young(pty:dft), Attorney Robert S. Clark added to party Young Living Essential Oils, LC(pty:dft)(Clark, Robert)
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Filing 81
ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Howard C. Nielson, Jr. on 7/1/2020. (lnp)
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Filing 80
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Katrina Gallaher Eash and Thomas M. Melsheimer, for Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (nl)
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Filing 79
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney John C.C. Sanders, Jr., for Defendants Jared Turner, Mary Young, Young Living Essential Oils, LC. (nl)
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Filing 78
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney J. David Rowe, for Plaintiff Julie O'Shaughnessy. (nl)
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Filing 77
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Robert Eric Linkin, for Plaintiff Julie O'Shaughnessy. (nl)
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Filing 76
NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Austin Tighe, for Plaintiff Julie O'Shaughnessy. (nl)
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Filing 75
Case transferred in from USDC of Texas Western; Case Number 1:19-cv-00412. Original file, certified copy of transfer order and docket sheet received.
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Filing 74
ORDER GRANTING #42 Defendants' Motion to Transfer; ORDER this cause is TRANSFERRED to the United States District Court for the District of Utah, Northern Division. Signed by Judge Lee Yeakel. (jv2) [Transferred from Texas Western on 6/30/2020.]
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Filing 73
ORDER GRANTING #72 Joint Motion to Extend Briefing Deadlines Related to Defendants' Motions to Dismiss. Plaintiff's Response DUE 7/10/20; Defendants' Reply DUE 7/24/20 Signed by Judge Lee Yeakel. (jv2) [Transferred from Texas Western on 6/30/2020.]
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Filing 72
Joint MOTION for Extension of Time to File Response/Reply re Defendants' Motions to Dismiss by Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 71
Motion to Dismiss for Failure to State a Claim by The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 70
MOTION to Dismiss for Lack of Jurisdiction and Venue by Jared Turner, Mary Young. (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 69
AMENDED SCHEDULING ORDER: ADR Report Deadline due by 4/30/2021, Dispositive Motions due by 12/21/2021, Class Certification Hearing set for 5/3/2021 at 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (jv2) [Transferred from Texas Western on 6/30/2020.]
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Filing 68
Minute Entry for proceedings held before Judge Lee Yeakel: Telephone Conference held on 5/26/2020 (Minute entry documents are not available electronically.) Written Order forthcoming. (Court Reporter Arlinda Rodriguez.) (jv2) [Transferred from Texas Western on 6/30/2020.]
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Filing 67
Joint MOTION to Enter Amended Scheduling Order by Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order)(Eash, Katrina) [Transferred from Texas Western on 6/30/2020.]
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Filing 66
ORDER LIFTING STAY and SETTING Telephone Conference for 5/26/2020 at 09:30 AM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (jv2) [Transferred from Texas Western on 6/30/2020.]
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Filing 65
Certified copy of USCA JUDGMENT issued as the MANDATE affirming the judgment of the District Court. (lt) [Transferred from Texas Western on 6/30/2020.]
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Filing 64
NOTICE Regarding Action Taken By The Circuit by Julie O'Shaughnessy (Attachments: #1 Exhibit A)(Linkin, Robert) [Transferred from Texas Western on 6/30/2020.]
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Filing 63
ORDERED that Defendants' Motion to Stay filed December 23, 2019 (Doc. #41 ) isGRANTED TO THE FOLLOWING EXTENT: this case is STAYED pending further order ofthe court. Signed by Judge Lee Yeakel. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 62
ORDER DISMISSING WITHOUT PREJUDICE #40 Motion to Dismiss for Lack of Jurisdiction; DISMISSING WITHOUT PREJUDICE #43 Motion to Dismiss ; DISMISSING WITHOUT PREJUDICE #44 Motion to Dismiss. Signed by Judge Lee Yeakel. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 61
ORDER GRANTING #60 Motion for Extension of Time to File to Answer. Signed by Judge Lee Yeakel. (td) [Transferred from Texas Western on 6/30/2020.]
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Set/Reset Deadlines: Jared Turner answer due 2/7/2020; Mary Young answer due 2/7/2020; Young Living Essential Oils, LC answer due 2/7/2020. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 60
Unopposed MOTION for Extension of Time to File Response to Plaintiff's First Amended Class Action Complaint by Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 59
AMENDED COMPLAINT against Jared Turner, Mary Young, Young Living Essential Oils, LC amending #1 Complaint., filed by Julie O'Shaughnessy.(Linkin, Robert) [Transferred from Texas Western on 6/30/2020.]
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Filing 58
ORDER GRANTING #56 Motion for Leave to File Excess Pages. Signed by Judge Lee Yeakel. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 57
REPLY to Response to Motion, filed by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC, re #42 MOTION to Transfer Case filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Young Living Essential Oils, LC, Defendant Benjamin Riley, Defendant Jared Turner (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 56
Unopposed MOTION for Leave to Exceed Page Limitation by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 55
REPLY to Response to Motion, filed by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC, re #41 MOTION to Stay Case filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Young Living Essential Oils, LC, Defendant Benjamin Riley, Defendant Jared Turner (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 54
ORDER GRANTING #47 Motion for Extension of Time to File Response to Defendants' Rule 12 Motions. Signed by Judge Lee Yeakel. (td) Modified on 1/13/2020 to correct file date (td). [Transferred from Texas Western on 6/30/2020.]
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Filing 53
NOTICE of Order and Briefing Schedule from Fifth Circuit by Julie O'Shaughnessy (Attachments: #1 Exhibit Ex. A Motion to Expedite Appeal, #2 Exhibit Ex. B Order, #3 Exhibit Ex. C Expedited Briefing Schedule)(Linkin, Robert) [Transferred from Texas Western on 6/30/2020.]
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Certification of the Electronic Record on Appeal has been accepted by the 5th Circuit re Notice of Appeal - Interlocutory. Attorneys are advised that they may now download the EROA from the Fifth Circuit CM/ECF site by following these instructions #here (lt) [Transferred from Texas Western on 6/30/2020.]
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Filing 52
RESPONSE to Motion, filed by Julie O'Shaughnessy, re #42 MOTION to Transfer Case filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Young Living Essential Oils, LC, Defendant Benjamin Riley, Defendant Jared Turner (Linkin, Robert) [Transferred from Texas Western on 6/30/2020.]
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Filing 51
RESPONSE to Motion, filed by Julie O'Shaughnessy, re #41 MOTION to Stay Case filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Young Living Essential Oils, LC, Defendant Benjamin Riley, Defendant Jared Turner (Attachments: #1 Proposed Order)(Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Filing 50
TRANSCRIPT REQUEST by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC for dates of N/A. Proceedings Transcribed: N/A. Court Reporter: Arlinda Rodriguez.. (Eash, Katrina) [Transferred from Texas Western on 6/30/2020.]
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Filing 49
ORDER GRANTING Plaintiff's Unopposed #45 Motion for Extension of Time to File Response to Defendant's #41 Motion to Stay until 01/06/20. Signed by Judge Lee Yeakel. (klw) [Transferred from Texas Western on 6/30/2020.]
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Filing 48
ORDER GRANTING Plaintiff's Unopposed #46 Motion for Extension of Time to File Response to Defendants' #42 Motion to Dismiss until 01/06/20. Signed by Judge Lee Yeakel. (klw) Modified on 12/30/2019 to correct motion link (klw). [Transferred from Texas Western on 6/30/2020.]
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Filing 47
MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss - 12(b)(6) and 9(b), #40 MOTION to Dismiss for Lack of Jurisdiction and Venue, #44 MOTION to Dismiss Under Rules 12(b)(6) and 9(b) by Julie O'Shaughnessy. (Attachments: #1 Proposed Order)(Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Filing 46
Unopposed MOTION for Extension of Time to File Response/Reply as to #42 MOTION to Transfer Case by Julie O'Shaughnessy. (Attachments: #1 Proposed Order Granting Motion for Extension of Time)(Linkin, Robert) [Transferred from Texas Western on 6/30/2020.]
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Filing 45
Unopposed MOTION for Extension of Time to File Response/Reply as to #41 MOTION to Stay Case by Julie O'Shaughnessy. (Attachments: #1 Proposed Order Granting Motion for Extension of Time)(Linkin, Robert) [Transferred from Texas Western on 6/30/2020.]
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Filing 44
MOTION to Dismiss Under Rules 12(b)(6) and 9(b) by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young. (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 43
MOTION to Dismiss - 12(b)(6) and 9(b) by Young Living Essential Oils, LC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 42
MOTION to Transfer Case by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 41
MOTION to Stay Case by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 40
MOTION to Dismiss for Lack of Jurisdiction and Venue by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young. (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 39
Appeal of Order entered by District Judge #33 by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. ( Filing fee $ 505 receipt number 0542-12990412) (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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NOTICE OF INTERLOCUTORY APPEAL as to #39 Notice of Appeal (E-Filed), #33 Order Adopting/Rejecting Report and Recommendations,, Terminate Motions, by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. Filing fee $ 505, receipt number 0542-12990412. Per 5th Circuit rules, the appellant has 14 days, from the filing of the Notice of Appeal, to order the transcript. To order a transcript, the appellant should fill out #Form DKT-13 (Transcript Order) and follow the instructions set out on the form. This form is available in the Clerk's Office or by clicking the hyperlink above. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 38
SCHEDULING ORDER: ADR Report Deadline due by 7/17/2020, Class Certification Hearing set for 7/7/2020 09:00 AM before Judge Lee Yeakel, Final Pretrial Conference set for 7/30/2021 09:00 AM before Judge Lee Yeakel, Amended Pleadings due by 1/31/2020, Class Certification Discovery due by 6/5/2020, Joinder of Parties due by 1/31/2020, Motions due by 4/9/2021. Signed by Judge Lee Yeakel. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 37
ORDER GRANTING Defendants' #35 Unopposed Motion for Extension of Time to Answer Plaintiff's Class Action Complaint; Defendants' answers due 12/23/2019. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 6/30/2020.]
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Filing 36
Joint MOTION for Entry of Agreed Proposed Scheduling Order by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order Proposed Agreed Scheduling Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 35
Unopposed MOTION for Extension of Time to File Response to #1 Complaint by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order)(Melsheimer, Thomas) Modified on 12/6/2019 (lt). [Transferred from Texas Western on 6/30/2020.]
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Filing 34
ORDER DISMISSING Defendants' #23 Motion to Limit Pre-Certification Discovery. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 6/30/2020.]
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Filing 33
ORDER ADOPTING #29 Report and Recommendations. ORDER DENYING #7 MOTION to Compel Arbitration filed by Young Living Essential Oils, LC. ORDER DENYING #8 MOTION to Compel Arbitration and Joinder in Young Living Essential Oil LC's Motion to Compel Arbitration and Stay Proceedings filed by Mary Young, The Young Living Foundation, Inc., Benjamin Riley, Jared Turner. Signed by Judge Lee Yeakel. (lt) [Transferred from Texas Western on 6/30/2020.]
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Filing 32
Minute Entry for proceedings held before Judge Lee Yeakel: Initial Pretrial Conference held on 11/26/2019. Written Order forthcoming. (Minute entry documents are not available electronically.) (Court Reporter Arlinda Rodriguez.)(lt) [Transferred from Texas Western on 6/30/2020.]
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Filing 31
RESPONSE to #30 Objection to Report and Recommendations by Julie O'Shaughnessy. (Attachments: #1 Proposed Order)(Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Filing 30
OBJECTION to #29 Report and Recommendations by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC.. (Attachments: #1 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 29
REPORT AND RECOMMENDATIONS re #8 Motion to Compel, filed by Mary Young, The Young Living Foundation, Inc., Benjamin Riley, Jared Turner, #7 Motion to Compel, filed by Young Living Essential Oils, LC. Signed by Judge Susan Hightower. (td) [Transferred from Texas Western on 6/30/2020.]
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Motions No Longer Referred: #8 MOTION to Compel Arbitration and Joinder in Young Living Essential Oil LC's Motion to Compel Arbitration and Stay Proceedings, #7 MOTION to Compel Arbitration. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 28
REPLY to Response to Motion, filed by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC, re #23 MOTION for Discovery to be Limited Prior to Certification filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Young Living Essential Oils, LC, Defendant Benjamin Riley, Defendant Jared Turner (Attachments: #1 Exhibit A)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 27
ORDER setting Initial Pretrial Conference for 11/26/2019 02:30 PM before Judge Lee Yeakel. Signed by Judge Lee Yeakel. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 26
RESPONSE to Motion, filed by Julie O'Shaughnessy, re #23 MOTION for Discovery to be Limited Prior to Certification filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Young Living Essential Oils, LC, Defendant Benjamin Riley, Defendant Jared Turner (Attachments: #1 Proposed Order Proposed Order)(Linkin, Robert) [Transferred from Texas Western on 6/30/2020.]
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Filing 25
ORDER GRANTING #24 Motion for Extension of Time to File Response to Defendant's Motion to Limit Pre-Certification Discovery. Signed by Judge Lee Yeakel. (td) [Transferred from Texas Western on 6/30/2020.]
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Filing 24
Unopposed MOTION for Extension of Time to File Response/Reply as to #23 MOTION for Discovery to be Limited Prior to Certification by Julie O'Shaughnessy. (Attachments: #1 Proposed Order Proposed Order)(Linkin, Robert) [Transferred from Texas Western on 6/30/2020.]
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Filing 23
MOTION for Discovery to be Limited Prior to Certification by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order Plaintiff's Amended Proposed Scheduling Order, #2 Proposed Order Defendants' Proposed Bifurcated Scheduling Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 22
Rule 26(f) Discovery Report/Case Management Plan Filed Jointly by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order Plaintiff's Amended Proposed Scheduling Order, #2 Proposed Order Defendants' Proposed Bifurcated Scheduling Order, #3 Proposed Order Defendants' Proposed Non-Bifurcated Scheduling Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 21
Order for Proposed Scheduling Order; DENYING #15 MOTION to Extend Deadlines to Meet and Confer and Submit Joint Report Under Rule 26 filed by Mary Young, The Young Living Foundation, Inc., Young Living Essential Oils, LC, Benjamin Riley, Jared Turner.(Proposed Scheduling Order due by 8/30/2019). Signed by Judge Lee Yeakel. (afd) [Transferred from Texas Western on 6/30/2020.]
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Filing 20
REPLY to Response to Motion, filed by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC, re #15 MOTION to Extend Deadlines to Meet and Confer and Submit Joint Report Under Rule 26 filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Young Living Essential Oils, LC, Defendant Benjamin Riley, Defendant Jared Turner (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 19
ATTACHMENT (Proposed Order) to #16 Response in Opposition to Motion, by Julie O'Shaughnessy. (Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Filing 18
APPENDIX to #16 Response in Opposition to Motion, by Julie O'Shaughnessy. (Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Filing 17
DEFICIENCY NOTICE: re #16 Response in Opposition to Motion, (afd) [Transferred from Texas Western on 6/30/2020.]
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Filing 16
Response in Opposition to Motion, filed by Julie O'Shaughnessy, re #15 MOTION to Extend Deadlines to Meet and Confer and Submit Joint Report Under Rule 26 filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Young Living Essential Oils, LC, Defendant Benjamin Riley, Defendant Jared Turner (Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Filing 15
MOTION to Extend Deadlines to Meet and Confer and Submit Joint Report Under Rule 26 by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 14
ORDER REFERRING MOTION: #8 MOTION to Compel Arbitration and Joinder in Young Living Essential Oil LC's Motion to Compel Arbitration and Stay Proceedings filed by Mary Young, The Young Living Foundation, Inc., Benjamin Riley, Jared Turner, #7 MOTION to Compel Arbitration filed by Young Living Essential Oils, LC. Signed by Judge Lee Yeakel.. Referral Magistrate Judge: Susan Hightower. (afd) [Transferred from Texas Western on 6/30/2020.]
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Filing 13
REPLY to Response to Motion, filed by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, re #8 MOTION to Compel Arbitration and Joinder in Young Living Essential Oil LC's Motion to Compel Arbitration and Stay Proceedings filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Benjamin Riley, Defendant Jared Turner (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 12
REPLY to Response to Motion, filed by Young Living Essential Oils, LC, re #7 MOTION to Compel Arbitration filed by Defendant Young Living Essential Oils, LC (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 11
Response in Opposition to Motion, filed by Julie O'Shaughnessy, re #8 MOTION to Compel Arbitration and Joinder in Young Living Essential Oil LC's Motion to Compel Arbitration and Stay Proceedings filed by Defendant Mary Young, Defendant The Young Living Foundation, Inc., Defendant Benjamin Riley, Defendant Jared Turner (Attachments: #1 Proposed Order)(Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Filing 10
Response in Opposition to Motion, filed by Julie O'Shaughnessy, re #7 MOTION to Compel Arbitration filed by Defendant Young Living Essential Oils, LC (Attachments: #1 Exhibit, #2 Proposed Order)(Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Filing 9
ORDER GRANTING #3 Motion to Appear Pro Hac Vice. Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Signed by Judge Lee Yeakel. (afd) [Transferred from Texas Western on 6/30/2020.]
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Filing 8
MOTION to Compel Arbitration and Joinder in Young Living Essential Oil LC's Motion to Compel Arbitration and Stay Proceedings by Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 7
MOTION to Compel Arbitration by Young Living Essential Oils, LC. (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, #9 Exhibit I, #10 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 6
RULE 7 DISCLOSURE STATEMENT filed by The Young Living Foundation, Inc.. (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 5
RULE 7 DISCLOSURE STATEMENT filed by Young Living Essential Oils, LC. (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 4
NOTICE of Attorney Appearance by John C.C. Sanders, Jr on behalf of Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. Attorney John C.C. Sanders, Jr added to party Benjamin Riley(pty:dft), Attorney John C.C. Sanders, Jr added to party The Young Living Foundation, Inc.(pty:dft), Attorney John C.C. Sanders, Jr added to party Jared Turner(pty:dft), Attorney John C.C. Sanders, Jr added to party Mary Young(pty:dft), Attorney John C.C. Sanders, Jr added to party Young Living Essential Oils, LC(pty:dft) (Sanders, John) [Transferred from Texas Western on 6/30/2020.]
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Filing 3
MOTION to Appear Pro Hac Vice by Thomas M. Melsheimer on behalf of Katrina G. Eash ( Filing fee $ 100 receipt number 0542-12216516) by on behalf of Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. (Attachments: #1 Proposed Order)(Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 2
NOTICE of Attorney Appearance by Thomas M. Melsheimer on behalf of Benjamin Riley, The Young Living Foundation, Inc., Jared Turner, Mary Young, Young Living Essential Oils, LC. Attorney Thomas M. Melsheimer added to party Benjamin Riley(pty:dft), Attorney Thomas M. Melsheimer added to party The Young Living Foundation, Inc.(pty:dft), Attorney Thomas M. Melsheimer added to party Jared Turner(pty:dft), Attorney Thomas M. Melsheimer added to party Mary Young(pty:dft), Attorney Thomas M. Melsheimer added to party Young Living Essential Oils, LC(pty:dft) (Melsheimer, Thomas) [Transferred from Texas Western on 6/30/2020.]
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Filing 1
COMPLAINT ( Filing fee $ 400 receipt number 0542-11995032). No Summons requested at this time, filed by Julie O'Shaughnessy. (Attachments: #1 Civil Cover Sheet)(Rowe, J.) [Transferred from Texas Western on 6/30/2020.]
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Case assigned to Judge Lee Yeakel. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (cj) [Transferred from Texas Western on 6/30/2020.]
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DEMAND for Trial by Jury by Julie O'Shaughnessy. (cj) [Transferred from Texas Western on 6/30/2020.]
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