Hillbery v. Nu Skin Enterprises United States et al
Plaintiff: Jonathan Hillbery
Defendant: Nu Skin Enterprises United States and Nu Skin International, Inc.
Case Number: 2:2021cv00464
Filed: July 28, 2021
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Tena Campbell
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 15, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 23, 2021 Opinion or Order Filing 21 MOTION for Initial Scheduling Conference filed by Plaintiff Jonathan Hillbery. (Attachments: #1 Exhibit 1, #2 Text of Proposed Order) Motions referred to Jared C. Bennett.(Sahlstrom, Albert)
September 21, 2021 Opinion or Order Filing 20 ORDER TO SHOW CAUSE: within 30 days from the date of this order, Plaintiff is to show cause why the court should not dismiss the case for lack of subject-matter jurisdiction. Signed by Judge Tena Campbell on 9/21/21 (alt)
September 16, 2021 Opinion or Order Filing 19 Defendant's AFFIDAVIT/DECLARATION of Brian Muir in Support re #18 Defendant's MOTION to Compel Arbitration and Stay Action and Memorandum in Support filed by Defendants Nu Skin Enterprises United States, Nu Skin International, Inc.. (Attachments: #1 Exhibit A - Partnership Contract, #2 Exhibit B - Termination for Partnership, #3 Exhibit C - Distributorship Agreement, #4 Exhibit D - 2001 Policies & Procedures, #5 Exhibit E - Nu Skin Arbitration Policy, #6 Exhibit F - 2010 Policies & Procedures, #7 Exhibit G - 2018 Policies & Procedures, #8 Exhibit H - September 1, 2010 email from Scott Schwerdt re Updated Distributor Policies & Procedures, #9 Exhibit I - August 5, 2020 letter to Pharmanex MD LLC and Jonathan Hillbery)(Francis, Lewis)
September 16, 2021 Opinion or Order Filing 18 Defendant's MOTION to Compel Arbitration and Stay Action and Memorandum in Support filed by Defendants Nu Skin Enterprises United States, Nu Skin International, Inc.. (Attachments: #1 Exhibit 1 - August 12, 2021 email from Lewis Francis to Nicole Westbrook, #2 Exhibit 2 - 2007 Commercial Rules of AAA) Motions referred to Jared C. Bennett.(Francis, Lewis)
September 16, 2021 Opinion or Order Filing 17 Defendant's MOTION to Continue Deadlines for Attorney Planning Meeting Report and Proposed Scheduling Order and Memorandum in Support filed by Defendants Nu Skin Enterprises United States, Nu Skin International, Inc.. Motions referred to Jared C. Bennett. Attorney Lewis M. Francis added to party Nu Skin Enterprises United States(pty:dft), Attorney Lewis M. Francis added to party Nu Skin International, Inc.(pty:dft)(Francis, Lewis)
September 2, 2021 Opinion or Order Filing 16 AMENDED COMPLAINT against Nu Skin Enterprises United States, Nu Skin International, Inc. with Jury Demand. filed by Jonathan Hillbery. (Sahlstrom, Albert)
August 12, 2021 Opinion or Order Filing 15 WAIVER OF SERVICE Returned Executed filed by Jonathan Hillbery (Attachments: #1 Exhibit Summons)(Hoffman, Jeremy)
August 12, 2021 Opinion or Order Filing 14 WAIVER OF SERVICE Returned Executed filed by Jonathan Hillbery as to Jonathan Hillbery Waiver sent on 8/12/2021, answer due 10/12/2021. (Attachments: #1 Exhibit Summons)(Hoffman, Jeremy)
August 12, 2021 Opinion or Order Filing 13 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Jonathan Hillbery as to Nu Skin Enterprises United States served on 8/12/2021, answer due 9/2/2021. (Attachments: #1 Exhibit Summons)(Hoffman, Jeremy)
August 3, 2021 Opinion or Order Filing 12 ORDER TO PROPOSE SCHEDULE - Plaintiff must propose a schedule to defendant in the form of a draft Attorney Planning Meeting Report within the earlier of fourteen (14) days after any defendant has appeared or twenty-eight (28) days after any defendant has been served with the complaint. See order for additional instructions. Signed by Magistrate Judge Jared C. Bennett on 8/2/21 (alt)
August 3, 2021 Opinion or Order Filing 11 ORDER granting #4 Motion for Admission Pro Hac Vice of Attorney Nicole A. Westbrook for Jonathan Hillbery.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 Jared C. Bennett on 8/2/21 (alt)
August 3, 2021 Opinion or Order Filing 10 ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Albert B. Sahlstrom for Jonathan Hillbery.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 Jared C. Bennett on 8/2/21 (alt)
July 30, 2021 Opinion or Order Filing 9 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Jared C. Bennett under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. Motions referred to Jared C. Bennett. So ordered by Judge Tena Campbell on 7/30/21 (docket text only - no attached document) (alt)
July 29, 2021 Opinion or Order Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Nu Skin International, Inc.. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
July 29, 2021 Opinion or Order Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Nu Skin Enterprises United States. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (mh)
July 29, 2021 Opinion or Order Filing 6 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Nicole A. Westbrook and Albert B. Sahlstrom, for Plaintiff Jonathan Hillbery. (mh)
July 29, 2021 Opinion or Order Filing 5 Modification of Docket: Error: Plaintiff filed against themselves. Correction: Docket text has been modified to reflect complaint is filed against defendants rather than plaintiff; answer records corrected. re #2 Complaint. (mh)
July 28, 2021 Opinion or Order Filing 4 MOTION for Admission Pro Hac Vice of Nicole A. Westbrook , Registration fee $ 250, receipt number AUTDC-4068705,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 Jonathan Hillbery. (Attachments: #1 Exhibit Application, #2 Exhibit Proposed Order)(Hoffman, Jeremy)
July 28, 2021 Opinion or Order Filing 3 MOTION for Admission Pro Hac Vice of Albert B. Sahlstrom , Registration fee $ 250, receipt number AUTDC-4068683,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 Jonathan Hillbery. (Attachments: #1 Exhibit Application, #2 Exhibit Proposed Order)(Hoffman, Jeremy)
July 28, 2021 Opinion or Order Filing 2 COMPLAINT against All Plaintiffs Defendants (Filing fee $ 402, receipt number AUTDC-4068625) filed by Jonathan Hillbery. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Tena Campbell (Hoffman, Jeremy) Modified on 7/29/2021 to reflect complaint filed against defendants (mh).
July 28, 2021 Opinion or Order Filing 1 Case has been indexed and assigned to Judge Tena Campbell. Plaintiff Jonathan Hillbery is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to utdecf_clerk@utd.uscourts.gov for issuance. (mh)

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Plaintiff: Jonathan Hillbery
Represented By: Jeremy M. Hoffman
Represented By: Scott L. Sackett, II
Represented By: Nicole A. Westbrook
Represented By: Albert B. Sahlstrom
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Defendant: Nu Skin Enterprises United States
Represented By: Lewis M. Francis
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Defendant: Nu Skin International, Inc.
Represented By: Lewis M. Francis
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