Young Living Essential Oils, LC v. Vining et al
Plaintiff: Young Living Essential Oils, LC
Defendant: Madison Vining, Tyler Vining, Vining Essentials, Monique McLean, Jeremiah McLean, McLean Essentials and Chelsea Humphreys
Case Number: 2:2021cv00510
Filed: August 27, 2021
Court: US District Court for the District of Utah
Presiding Judge: Jared C Bennett
Referring Judge: Daphne A Oberg
2 Judge: Jill N Parrish
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: None
Docket Report

This docket was last retrieved on December 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 3, 2021 Opinion or Order Filing 32 ORDER granting #31 Motion to Dismiss with Prejudice. Each party shall each bear their own attorney fees and costs. Case Closed. Magistrate Judge Daphne A. Oberg no longer assigned to case. Signed by Judge Jill N. Parrish on 12/3/21. (alf)
December 3, 2021 Filing 31 Stipulated MOTION to Dismiss with Prejudice filed by Plaintiff Young Living Essential Oils, LC. (Attachments: #1 Text of Proposed Order Order Granting Stipulated Motion to Dismiss With Prejudice)(Merrill, Brittany)
September 27, 2021 Filing 30 NOTICE VACATING MOTION HEARING set for 9/29/21 at 10am before Judge Jill N. Parrish (Notice generated by JNP Chambers) (ss)
September 22, 2021 Filing 29 REPLY to Response to Motion re #6 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction Against Defendants filed by Plaintiff Young Living Essential Oils, LC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Maxfield, Eric)
September 22, 2021 Filing 28 Defendant's MEMORANDUM in Support re #5 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Defendants Chelsea Humphreys, Jeremiah McLean, Monique McLean, McLean Essentials, Madison Vining, Tyler Vining, Vining Essentials. (Attachments: #1 Exhibit Exhibit A-Expert Declaration of Patrick Kilbourne)(Stephens, Mitchell)
September 17, 2021 Opinion or Order Filing 27 DOCKET TEXT ORDER The court GRANTS the parties' stipulated motion to extend reply deadlines #25 . Plaintiff shall have until September 22, 2021 to file a reply in support of its motion for TRO/PI #6 . Defendants shall have until September 22, 2021 to file a reply in support of their motion to dismiss #5 . Signed by Judge Jill N. Parrish on 9/17/2021. (nas)
September 17, 2021 Filing 26 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #20 filed by Plaintiff Young Living Essential Oils, LC (Maxfield, Eric)
September 17, 2021 Filing 25 STIPULATION Stipulated Motion to Extend Reply Deadlines by Young Living Essential Oils, LC. (Attachments: #1 Text of Proposed Order)(Maxfield, Eric)
September 16, 2021 Opinion or Order Filing 24 DOCKET TEXT ORDER granting #23 Motion for Leave to File Excess Pages. Defendants may file a memorandum in opposition to Plaintiff's motion for a TRO/PI of no more than 37 pages in length. Plaintiffs may file a reply to Defendants' opposition of no more than 20 pages in length. Signed by Judge Jill N. Parrish on 9/16/2021. (nas)
September 16, 2021 Filing 23 Stipulated MOTION for Leave to File Excess Pages 57 filed by Defendants Chelsea Humphreys, Jeremiah McLean, Monique McLean, McLean Essentials, Madison Vining, Tyler Vining, Vining Essentials. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING STIPULATED MOTION FOR LEAVE TO FILE OVERLENGTH MEMORANDA IN RESPONSE TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION) Motions referred to Daphne A. Oberg.(Stephens, Mitchell)
September 15, 2021 Filing 22 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Defendants Chelsea Humphreys, Jeremiah McLean, Monique McLean, McLean Essentials, Madison Vining, Tyler Vining, Vining Essentials (Stephens, Mitchell)
September 15, 2021 Opinion or Order Filing 21 DOCKET TEXT ORDER Defendants have filed a motion for leave to file an overlength memorandum in opposition to Plaintiff's motion for a TRO/PI. The court grants Plaintiff three days from the filing of the motion for overlength brief (until September 17, 2021) to respond to this motion. Alternatively, the parties may submit a stipulation. Signed by Judge Jill N. Parrish on 9/15/2021. (nas)
September 15, 2021 Opinion or Order Filing 20 CIVIL STANDING ORDER. Signed by Judge Jill N. Parrish on 9/15/21. (ss)
September 14, 2021 Filing 19 MEMORANDUM in Opposition re #5 MOTION to Dismiss filed by Plaintiff Young Living Essential Oils, LC. (Attachments: #1 Exhibit A)(Maxfield, Eric)
September 14, 2021 Filing 18 Defendant's MEMORANDUM in Opposition re #6 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Defendants Chelsea Humphreys, Jeremiah McLean, Monique McLean, McLean Essentials, Madison Vining, Tyler Vining, Vining Essentials. (Attachments: #1 Exhibit Exhibit A-Payment Details, #2 Exhibit Exhibit B-McClean Declaration, #3 Exhibit Exhibit C-Vining Declaration, #4 Exhibit Exhibit D-Humphreys Declaration, #5 Exhibit Exhibit E-US Brand Partner Agreement, #6 Exhibit Exhibit F-P&P, #7 Exhibit Exhibit G-Ludwig Declaration, #8 Exhibit Exhibit H-Kilbourne Declaration, #9 Exhibit Exhibit I-YL Income Disclosure, #10 Exhibit Exhibit J-AARP Study, #11 Exhibit Ex. K-8_22_21 Demand Letter, #12 Exhibit Exhibit L-Comp Plan, #13 Exhibit Exhibit M-Online P&P List)(Stephens, Mitchell)
September 14, 2021 Filing 17 AMENDED COMPLAINT against All Defendants. filed by Young Living Essential Oils, LC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E) (Maxfield, Eric)
September 14, 2021 Filing 16 Defendant's MOTION for Leave to File Excess Pages 121 filed by Defendant Chelsea Humphreys. (Attachments: #1 Text of Proposed Order [PROPOSED] ORDER GRANTING MOTION FOR LEAVE TO FILE OVERLENGTH MEMORANDUM IN OPPOSITION TO MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION) Motions referred to Daphne A. Oberg.(Stephens, Mitchell)
September 10, 2021 Filing 15 AMENDED NOTICE OF HEARING ON MOTION re: #6 Motionfor Temporary Restraining Order and Preliminary Injunction, #5 Motion to Dismiss : (Notice generated by JNP Chambers) Motion Hearing RESET for 9/29/2021 at 10:00 AM VIA ZOOM before Judge Jill N. Parrish. Hearing moved due to conflict on court's calendar. (ss)
September 7, 2021 Filing 14 NOTICE OF HEARING ON MOTION re: #6 MOTION for Temporary Restraining Order and Preliminary Injunction, #5 MOTION to Dismiss : (Notice generated by JNP Chambers) Motion Hearing set for 9/22/2021 at 10:00 AM VIA ZOOM before Judge Jill N. Parrish. (ss)
September 7, 2021 Opinion or Order Filing 13 DOCKET TEXT ORDER The court will hold a hearing on Defendants' motion to dismiss #5 and Plaintiff's motion for temporary restraining order and preliminary injunction #6 on September 22, 2021. The court ORDERS the parties to submit their respective response briefs by September 14, 2021. The court further ORDERS the parties to submit their respective reply briefs by September 20, 2021. Signed by Judge Jill N. Parrish on 9/7/2021. (nas)
September 1, 2021 Opinion or Order Filing 12 ORDER OF RECUSAL - Magistrate Judge Cecilia M. Romero recused. Case reassigned to Magistrate Judge Daphne A. Oberg for all further proceedings. Signed by Magistrate Judge Cecilia M. Romero on 9/1/2021. (jwt)
August 31, 2021 Opinion or Order Filing 11 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 8/31/21. (ss)
August 30, 2021 Opinion or Order Filing 10 ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney Macrina Margaret Sharpe 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 Judge Jill N. Parrish on 08/30/2021. (jl)
August 30, 2021 Filing 9 MOTION for Admission Pro Hac Vice of Macrina Sharpe , Registration fee $ 250, receipt number AUTDC-4096897,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 Young Living Essential Oils, LC. (Attachments: #1 Exhibit Application, #2 Text of Proposed Order)(Maxfield, Eric)
August 30, 2021 Filing 8 Case Reassigned to District Judge per ECF No 7, Docket Text Order for Case to be Reassigned. Case randomly assigned to Judge Jill N. Parrish. Magistrate Judge Jared C. Bennett no longer assigned to the case. (jwt)
August 30, 2021 Opinion or Order Filing 7 DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. Under court policy, Plaintiff's filing of a motion for immediate injunctive relief renders this case ineligible for consent to the jurisdiction of a magistrate judge. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Jared C. Bennett on 08/30/2021. No attached document. (tmb)
August 27, 2021 Filing 6 MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Plaintiff Young Living Essential Oils, LC. (Attachments: #1 Exhibit 1 - Declaration of K.C. Barrow, #2 Exhibit 2 - Declaration of Nicole Martin, #3 Exhibit 3 - Declaration of Hillary Belton, #4 Exhibit 4 - Declaration of Lorene Allen)(Maxfield, Eric)
August 27, 2021 Filing 5 MOTION to Dismiss filed by Defendants Chelsea Humphreys, Jeremiah McLean, Monique McLean, McLean Essentials, Madison Vining, Tyler Vining, Vining Essentials. (Attachments: #1 Exhibit A)(Stephens, Mitchell)
August 27, 2021 Filing 4 NOTICE OF REQUIREMENTS for appearance phv mailed to attorney Macrina Sharpe, for Defendants Chelsea Humphreys, Jeremiah McLean, Monique McLean, McLean Essentials, Madison Vining, Tyler Vining, Vining Essentials for Plaintiff Young Living Essential Oils (nmt) Modified by correcting filer as plaintiff 8/27/2021 (nmt).
August 27, 2021 Filing 3 NOTICE OF ADR, e-mailed or mailed to Defendants Chelsea Humphreys, Jeremiah McLean, Monique McLean, McLean Essentials, Madison Vining, Tyler Vining, Vining Essentials, Plaintiff Young Living Essential Oils, LC. (nmt)
August 27, 2021 Filing 2 NOTICE OF REMOVAL from 3rd District Court Salt Lake County, case number 210904372, (Filing fee $ 402, receipt number AUTDC-4094708) filed by Chelsea Humphreys, Vining Essentials, Jeremiah McLean, Tyler Vining, Madison Vining, Monique McLean, McLean Essentials. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit Exhibit A Complaint, #3 Exhibit Exhibit B Docket) Assigned to Magistrate Judge Jared C. Bennett (Stephens, Mitchell)
August 27, 2021 Filing 1 Case has been indexed and assigned to Magistrate Judge Jared C. Bennett. Defendants Chelsea Humphreys, Jeremiah McLean, Monique McLean, McLean Essentials, Madison Vining, Tyler Vining, Vining Essentials is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 402.00 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. (nmt)

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Plaintiff: Young Living Essential Oils, LC
Represented By: Eric G. Maxfield
Represented By: Brittany J. Merrill
Represented By: Macrina Margaret Sharpe
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Defendant: Madison Vining
Represented By: Mitchell A. Stephens
Represented By: Jordan M. Pate
Represented By: Justin L. James
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Defendant: Tyler Vining
Represented By: Mitchell A. Stephens
Represented By: Jordan M. Pate
Represented By: Justin L. James
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Defendant: Vining Essentials
Represented By: Mitchell A. Stephens
Represented By: Jordan M. Pate
Represented By: Justin L. James
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Defendant: Monique McLean
Represented By: Mitchell A. Stephens
Represented By: Jordan M. Pate
Represented By: Justin L. James
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Defendant: Jeremiah McLean
Represented By: Mitchell A. Stephens
Represented By: Justin L. James
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Defendant: McLean Essentials
Represented By: Mitchell A. Stephens
Represented By: Jordan M. Pate
Represented By: Justin L. James
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Defendant: Chelsea Humphreys
Represented By: Mitchell A. Stephens
Represented By: Jordan M. Pate
Represented By: Justin L. James
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