Nu Skin Enterprises et al v. Raab et al
| Nu Skin Enterprises and Pharmanex |
| Earnest L. Raab D.C. doing business as Success To Significance, Michael Ulrick, Larry C. Wieber individually and doing business as Test For Nutrition of Washington, Rose Wieber individually and doing business as Test For Nutrition of Washington, Max Robbins, Debra Robbins, Toni Ragsdale individually and doing business as Ragsdale and Company, Wayne Matecki LAC; individually doing business as Dr. Amy's Integrative Medicine and Amy L. Matecki |
| 2:2021cv00709 |
| December 1, 2021 |
| US District Court for the District of Utah |
| Cecilia M Romero |
| Robert J Shelby |
| Other Statutes: Arbitration |
| 18 U.S.C. § 1961 |
| None |
Docket Report
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Filing 30
ORDER granting #27 Motion for Admission Pro Hac Vice of Attorney Richard C. Eymann. 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 Cecilia M. Romero on 1/27/22. (dla)
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| Filing 29 MOTION to Dismiss and Memorandum in Support filed by Respondents Amy L. Matecki, Wayne Matecki, Earnest L. Raab, Toni Ragsdale, Max Robbins, Debra Robbins, Michael Ulrick, Larry C. Wieber, Rose Wieber. (Attachments: #1 Affidavit Declaration of Eymann)(Macfarlane, John) |
| Filing 28 MEMORANDUM in Opposition re #3 MOTION to Compel Arbitration and Enjoin Respondents' Prosecution of State Court Action and Memorandum in Support filed by Respondents Amy L. Matecki, Wayne Matecki, Earnest L. Raab, Toni Ragsdale, Max Robbins, Debra Robbins, Michael Ulrick, Larry C. Wieber, Rose Wieber. (Attachments: #1 Affidavit Declaration of Eymann, #2 Affidavit Declaration of Matecki, #3 Affidavit Declaration of Raab, #4 Affidavit Declaration of Ragsdale, #5 Affidavit Declaration of Robbins, #6 Affidavit Declaration of Ulrick, #7 Affidavit Declaration of Wieber)(Macfarlane, John) |
| Filing 27 MOTION for Admission Pro Hac Vice of Richard C. Eymann , Registration fee $ 250, receipt number AUTDC-4230841,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 Respondents Amy L. Matecki, Wayne Matecki, Earnest L. Raab, Toni Ragsdale, Max Robbins, Debra Robbins, Michael Ulrick, Larry C. Wieber, Rose Wieber. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(Macfarlane, John) |
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Filing 26
ORDER granting #24 Motion for Admission Pro Hac Vice of Attorney James B. Saylor for Nu Skin Enterprises,James B. Saylor for Pharmanex.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 Cecilia M. Romero on 1/10/22. (dla)
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Filing 25
ORDER granting #23 Motion for Admission Pro Hac Vice of Attorney Lauri A. Mazzuchetti for Nu Skin Enterprises,Lauri A. Mazzuchetti for Pharmanex.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 Cecilia M. Romero on 1/10/22. (dla)
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| Filing 24 MOTION for Admission Pro Hac Vice of James B. Saylor , Registration fee $ 250, receipt number AUTDC-4214306,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 Petitioners Nu Skin Enterprises, Pharmanex. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order)(Vanderhooft, Christian) |
| Filing 23 MOTION for Admission Pro Hac Vice of Lauri A. Mazzuchetti , Registration fee $ 250, receipt number AUTDC-4214296,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 Petitioners Nu Skin Enterprises, Pharmanex. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Text of Proposed Order)(Vanderhooft, Christian) |
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Filing 22
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 Robert J. Shelby on 12/29/2021. (mjm)
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| Filing 21 NOTICE of Appearance by Pearson McKay Corbett on behalf of Amy L. Matecki, Wayne Matecki, Earnest L. Raab, Toni Ragsdale, Max Robbins, Debra Robbins, Michael Ulrick, Larry C. Wieber, Rose Wieber (Corbett, Pearson) |
| Filing 20 NOTICE of Appearance by John M. Macfarlane on behalf of Amy L. Matecki, Wayne Matecki, Earnest L. Raab, Toni Ragsdale, Max Robbins, Debra Robbins, Michael Ulrick, Larry C. Wieber, Rose Wieber (Macfarlane, John) |
| Filing 19 AFFIDAVIT OF SERVICE for Summons, Petition to Compel Arbitration, Motion to Compel Arbitration, Declaration of Brian Muir, and Supporting Exhibits served on Larry Wieber and Rose Wieber on 12/8/21, filed by Petitioners Nu Skin Enterprises, Pharmanex. (Vanderhooft, Christian) |
| Filing 18 AFFIDAVIT OF SERVICE for Summons, Petition to Compel Arbitration, Motion to Compel Arbitration, Declaration of Brian Muir, and Supporting Exhibits served on Michael Ulrick on 12/9/21, filed by Petitioners Nu Skin Enterprises, Pharmanex. (Vanderhooft, Christian) |
| Filing 17 AFFIDAVIT OF SERVICE for Summons, Petition to Compel Arbitration, Motion to Compel Arbitration, Declaration of Brian Muir, and Supporting Exhibits served on Earnest Raab on 12/8/21, filed by Petitioners Nu Skin Enterprises, Pharmanex. (Vanderhooft, Christian) |
| Filing 16 ACKNOWLEDGMENT OF SERVICE Executed and Stipulation Regarding Extension of Response Date to 1/26/2022 Acknowledgment filed by Pharmanex, Nu Skin Enterprises.Amy L. Matecki served on 12/20/2021; Wayne Matecki served on 12/20/2021; Toni Ragsdale served on 12/20/2021; Max Robbins served on 12/20/2021; Debra Robbins served on 12/20/2021. (Vanderhooft, Christian) |
| Filing 15 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Toni Ragsdale. 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. (nmt) |
| Filing 14 Modification of Docket: Error: Petition Filed as Motion to Compel Arbitration, at the direction of chambers the following Correction has been made, Petition refiled under correct event re #1 Petition to Compel Arbitration. (nl) |
| Filing 13 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Amy L. Matecki. 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. (nmt) |
| Filing 12 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Wayne Matecki. 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. (nmt) |
| Filing 11 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Toni Ragsdale. 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. (nmt) |
| Filing 10 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Debra Robbins. 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. (nmt) |
| Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Max Robbins. 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. (nmt) |
| Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Rose Wieber. 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. (nmt) |
| Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Larry C. Wieber. 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. (nmt) |
| Filing 6 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Michael Ulrick. 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. (nmt) |
| Filing 5 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Earnest L. Raab. 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. (nmt) |
| Filing 4 AFFIDAVIT of Brian Muir re #3 MOTION to Compel Arbitration and Enjoin Respondents' Prosecution of State Court Action and Memorandum in Support filed by Nu Skin Enterprises, Pharmanex. (Attachments: #1 Exhibit 1 - Application to Amend Certificate, #2 Exhibit 2 - Asset Purchase Agreement, #3 Exhibit 3 - Ulrick Distributor Agreement, #4 Exhibit 4 - Robbins Distributor Agreement, #5 Exhibit 5 - Ragsdale Distributor Agreement, #6 Exhibit 6 - Wieber Distributor Agreement, #7 Exhibit 7 - Matecki Distributor Agreement, #8 Exhibit 8 - 2010 Form Distributor Agreement, #9 Exhibit 9 - 2012 Form Distributor Agreement, #10 Exhibit 10 - 2017 Form Distributor Agreement, #11 Exhibit 11 - 2010 Policies & Procedures, #12 Exhibit 12 - 2018 Policies & Procedures, #13 Exhibit 13 - 2005 Raab Distributor Agreement, #14 Exhibit 14 - 2001 Form Distributor Agreement, #15 Exhibit 15 - 2001 Policies and Procedures, #16 Exhibit 16 - 2007 Raab-Burnett Agreement, #17 Exhibit 17 - 2007 Raab Distributor Agreement, #18 Exhibit 18 - Raab Settlement, #19 Exhibit 19 - Raab Amended Distributor Agreement, #20 Exhibit 20 - 2011 Form Distributor Agreement (Redacted))(Vanderhooft, Christian) |
| Filing 3 MOTION to Compel Arbitration and Enjoin Respondents' Prosecution of State Court Action and Memorandum in Support filed by Petitioners Nu Skin Enterprises, Pharmanex. (Vanderhooft, Christian) |
| Filing 2 EXHIBITS filed by Nu Skin Enterprises, Pharmanex re #1 MOTION to Compel Arbitration and to Enjoin Respondents' Prosecution of State Court Action. Case Assigned to Judge Robert J. Shelby. (Filing fee $ 49.). (Vanderhooft, Christian) |
| STRICKEN- PARTIES TO DISREGARDModification of Docket re #1 MOTION to Compel Arbitration and to Enjoin Respondents' Prosecution of State Court Action. Error: Petition was not attached at case opening. Correction: Petition has been attached. (nmt) Modified on 12/3/2021 petition was refiled correctly. (nl). |
| Filing 1 MOTION to Compel Arbitration and to Enjoin Respondents' Prosecution of State Court Action. Case Assigned to Judge Robert J. Shelby. (Filing fee $ 49.00) filed by Petitioners Nu Skin Enterprises, Pharmanex. (nmt) |
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