USA v. Xlear et al
| USA |
| Xlear and Nathan Jones |
| 2:2021cv00640 |
| October 28, 2021 |
| US District Court for the District of Utah |
| Dustin B Pead |
| Robert J Shelby |
| Other Statutory Actions |
| 15 U.S.C. § 0045 |
| None |
Docket Report
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Filing 17
ANSWER to Complaint filed by Nathan Jones, Xlear. (Attachments: #1 Exhibit A -- Balancing clinical evidence in the context of a pandemic, #2 Exhibit B -- Face Masks What the Data Say, #3 Exhibit C-- Nonpharmaceutical Measures for Pandemic Influenza in Nonhealthcare Settings, #4 Exhibit D -- No RCT for Masks? No Problem, #5 Exhibit E -- Why the gold standard of medical research is no longer enough,, #6 Exhibit F-- Interim analysis of an open-label randomized controlled trial evaluating nasal irrigations in nonhospitalized patients with coronavirus disease 2019, #7 Exhibit G --Rapid initiation of nasal saline irrigation to reduce morbidity and mortality in COVID+ outpatients, #8 Exhibit H -- Intranasal Therapy and COVID-19, #9 Exhibit I -- Rhinovirus prevalence as indicator for efficacy of measures against SARS-CoV-2, #10 Exhibit J -- A Nasal Spray Solution of Grapefruit Seed Extract plus Xylitol Displays Virucidal Activity Against SARS-Cov-2, #11 Exhibit K -- In Vitro Analysis of the Anti-viral Potential of nasal spray constituents against SARS-CoV-2, #12 Exhibit L --Antiviral Efficacy Against Virus Infections in Human-Derived Tracheal/Bronchial Epithelial Cells, #13 Exhibit M--FDA News Release, #14 Exhibit N -- Importance of non-pharmaceutical interventions in lowering the viral inoculum to reduce susceptibility to infection by SARS-CoV-2 and potentially disease severity, #15 Exhibit O -- Effective Nasal Disinfection as an Overlooked Strategy in Our Fight against COVID-19, #16 Exhibit P -- Iota-carrageenan and xylitol inhibit SARS-CoV-2 in Vero cell culture)(Thomas, Nathan)
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Filing 16
ORDER REFERRING CASE to Magistrate Judge Dustin B. Pead under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 12/14/2021. (mjm)
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Filing 15
ORDER granting #11 Motion for Admission Pro Hac Vice of Attorney Lynn E. Calkins for Nathan Jones and Xlear.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 Robert J. Shelby on 12/13/2021. (nl)
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Filing 14
ORDER granting #10 Motion for Admission Pro Hac Vice of Attorney Christine N. Walz for Nathan Jones and Xlear.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 Robert J. Shelby on 12/13/2021. (nl)
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Filing 13
NOTICE of Appearance by Kenneth A. Okazaki on behalf of Nathan Jones, Xlear (Okazaki, Kenneth)
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Filing 12
NOTICE of Appearance by Elizabeth Mary Butler on behalf of Nathan Jones, Xlear (Butler, Elizabeth)
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Filing 11
MOTION for Admission Pro Hac Vice of Lynn E Calkins , Registration fee $ 250, receipt number AUTDC-4191109,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 Nathan Jones, Xlear. (Attachments: #1 Exhibit 1 - Application for Pro Hac Vice Admission, #2 Exhibit 2 - Proposed Order)(Thomas, Nathan)
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Filing 10
MOTION for Admission Pro Hac Vice of Christine N Walz , Registration fee $ 250, receipt number AUTDC-4191083,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 Nathan Jones, Xlear. (Attachments: #1 Exhibit 1 - Application for Pro Hac Vice Admission, #2 Exhibit 2 - Proposed Order)(Thomas, Nathan)
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Filing 9
NOTICE of Appearance by Nathan D. Thomas on behalf of Nathan Jones, Xlear (Thomas, Nathan)
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Filing 7
WAIVER OF SERVICE Returned Executed filed by USA as to Xlear Waiver sent on 10/28/2021, answer due 12/27/2021. (Ferre, Joel)
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Filing 6
WAIVER OF SERVICE Returned Executed filed by USA as to Nathan Jones Waiver sent on 10/28/2021, answer due 12/27/2021. (Ferre, Joel)
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Filing 8
EXHIBITS by USA re #3 Notice of Conventional Filing. The CD (Video to Complaint) were not entered on the docket due to the file type being a CD and will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (dla)
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Filing 5
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Xlear. 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)
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Filing 4
**RESTRICTED DOCUMENT**Summons Issued Electronically as to Nathan Jones. 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)
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Filing 3
NOTICE OF CONVENTIONAL FILING of Exhibit A to Complaint filed by Plaintiff USA (Ferre, Joel)
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Filing 2
COMPLAINT FOR CIVIL PENALTIES, PERMANENT INJUNCTION, AND OTHER RELIEF against All Defendants No Filing Fee filed by USA. (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 Civil Cover Sheet Civil Cover Sheet) Assigned to Judge Robert J. Shelby (Ferre, Joel)
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Filing 1
Case has been indexed and assigned to Judge Robert J. Shelby. Plaintiff USA is directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)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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