It Works Marketing et al v. Melaleuca et al
| It Works Marketing |
| Kimberly Bertolucci, Amber Hoerner, Katie Herold, Brandon Olive, Sarah Rankin, Kimberly McCauley, Geneveve Sykes, Jeanie McWhorter, Joshua Rankin, Melaleuca, Makenzie Schultz, Kellie Kaufman, Lea Piccoli, Sean Sykes, Ashley Olive and Steven Schultz |
| Collette Boden |
| Amanda Gully |
| 2:2021mc00056 |
| January 25, 2021 |
| U.S. District Court for the District of Utah |
| Jared C Bennett |
| Ted Stewart |
| Other Statutory Actions |
| None |
Docket Report
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| Civil Case Terminated Per ECF 20 Order. Magistrate Judge Jared C. Bennett no longer assigned to case. (reb) |
| Filing 21 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Zoom Conference Hearing held on February 18, 2021 before Judge Jared C. Bennett. Court Reporter/Transcriber Laura Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. 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 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (jrj) |
Filing 20
DOCKET TEXT ORDER DENYING WITHOUT PREJUDICE #2 Motion to Quash Subpoena for failure to comply with DUCivR 37-1(a)(1), (a)(4). Signed by Magistrate Judge Jared C. Bennett on 02/18/2021. (docket text order; no attached document) (jcd)
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| Filing 19 Minute Entry for proceedings held before Magistrate Judge Jared C. Bennett: Motion Hearing held on 2/18/2021 re #2 MOTION to Quash Subpoena and Memorandum in Support filed by Collette Boden. All parties appeared by ZOOM. The court hears from counsel. The court DENIES without Prejudice #2 MOTION to Quash Subpoena and Memorandum in Support. Written Order to Follow. Attorney for Plaintiff: John C.C. Sanders, Jr.; Jeffrey J. Hunt, Hayden Lawson Duffy for IT Works Attorney for Defendant: Seth Ensign for Ms. Boden Court Reporter: electronic ZOOM 7.100.(ksm) |
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Filing 18
ORDER Setting ZOOM Hearing on Motion #2 MOTION to Quash Subpoena and Memorandum in Support : Motion Hearing set for 2/18/2021 at 02:00 PM in Judges Chambers before Magistrate Judge Jared C. Bennett. Zoom Instructions will be sent to all parties prior to the hearing, The general public is to notify Judge Bennett's chambers at 801-524-6620 24 hours in advance if they wish to attend/listen in on Zoom hearing. Signed by Magistrate Judge Jared C. Bennett on 2/11/21. (ksm)
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Filing 17
ORDER granting #13 Motion to Seal Document. Signed by Magistrate Judge Jared C. Bennett on 2/3/2021. (reb)
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Filing 16
ORDER granting #9 Motion for Admission Pro Hac Vice of Attorney John C.C. Sanders, Jr for It Works Marketing.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 Ted Stewart on 2/3/2021. (reb)
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| Filing 15 MEMORANDUM in Support re #9 MOTION for Admission Pro Hac Vice of John C.C. Sanders Jr. , Registration fee $ 250, receipt number AUTDC-3896656,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification o filed by Plaintiff It Works Marketing. (Johansen, Bryan) |
| Filing 14 **SEALED DOCUMENT** re #13 MOTION to Seal Document #12 Memorandum in Opposition to Motion, and Memorandum in Support filed by Plaintiff It Works MarketingNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Certificate of Service)(Johansen, Bryan) |
| Filing 13 MOTION to Seal Document #12 Memorandum in Opposition to Motion, and Memorandum in Support filed by Plaintiff It Works Marketing. (Attachments: #1 Text of Proposed Order Granting Motion to Seal) Motions referred to Jared C. Bennett.(Johansen, Bryan) |
| Filing 12 Redacted MEMORANDUM in Opposition re #2 MOTION to Quash Subpoena and Memorandum in Support filed by Plaintiff It Works Marketing. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(Johansen, Bryan) |
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Filing 11
ORDER granting #8 Motion for Admission Pro Hac Vice of Attorney Hayden Duffy for It Works Marketing.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 Ted Stewart on 1/29/21. (jrj)
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Filing 10
DOCKET TEXT ORDER taking under advisement #9 Motion for Admission Pro Hac Vice. Pursuant to DUCivR 83-1.1(c)(1)(A)(iii), it does not appear that pro hac vice admission is available to Mr Sanders. By February 2, 2021, counsel must demonstrate "good cause for the attorney not seeking admission to the Utah State Bar." Failure to do so will result in the denial of the motion without further notice. Signed by Judge Ted Stewart on 1/29/2021. No attached document. (tlc)
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| Filing 9 MOTION for Admission Pro Hac Vice of John C.C. Sanders Jr. , Registration fee $ 250, receipt number AUTDC-3896656,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 It Works Marketing. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit Order Granting Admission Pro Hac Vice (John C.C. Sanders, Jr.))(Johansen, Bryan) |
| Filing 8 MOTION for Admission Pro Hac Vice of Hayden L. Duffy , Registration fee $ 250, receipt number BUTDC-3896656,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 It Works Marketing. (Attachments: #1 Exhibit Application for Pro Hac Vice Admission, #2 Exhibit Order Granting Admission Pro Hac Vice (Hayden L. Duffy))(Johansen, Bryan) |
| Filing 7 NOTICE of Appearance by Jeffrey J. Hunt on behalf of It Works Marketing (Hunt, Jeffrey) |
| Filing 6 NOTICE of Appearance by Bryan S. Johansen on behalf of It Works Marketing (Johansen, Bryan) |
| Filing 5 REFUND REQUEST FOR DUPLICATE FEE PAYMENT re Miscellaneous Case Filing Fee filed by Ensign, Clinton.Authorized refunds for credit card or debit card payments will be processed through Pay.gov. Authorized refunds of ACH payments will be issued by check through the U.S. Treasury. A waiting period of up to 30 days may be required before your request is approved. If you have not received your refund after 40 days, please contact the clerk's office and ask to speak someone in the finance department. (Ensign, Clinton) |
| Filing 4 NOTICE of Appearance by Jess M. Krannich on behalf of Collette Boden (Krannich, Jess) |
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Filing 3
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. Motions referred to Jared C. Bennett. Signed by Judge Ted Stewart on 1/26/2020. (tlc)
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| Filing 2 MOTION to Quash Subpoena and Memorandum in Support filed by Petitioner Collette Boden. (Attachments: #1 Exhibit A - Subpoena to Collette Boden, #2 Exhibit B - Amended Complaint for Injunctive Relief and Damages, #3 Exhibit C - Melaleuca's Motion to Dismiss First Amended Complaint, #4 Exhibit D - Defendants' Joint Renewed Motion to Compel Mediation and Arbitration, #5 Exhibit E - Defendants' Joint Motion to Dismiss Plaintiff's Amended Complaint)(Ensign, Clinton) (Additional attachment(s) added on 1/28/2021: #6 Docket sheet - USDC Middle Florida) (rks). |
| Filing 1 Case has been indexed and assigned to Judge Ted Stewart. Petitioner Collette Boden is directed to E-File the Miscellaneous Case Filing Fee (found under Other Documents) and pay the filing fee of $ 49.00 by the end of the business day. Once the filing fee event is completed the initiating document (Motion to Quash and cover sheet ) may be E-filed.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 [email protected] for issuance. (rks) |
| Miscellaneous Case Filing Fee for Motion to Quash Subpoena Issued to Collette Boden received from Petitioner Collette Boden. (Filing fee $ 49, receipt number AUTDC-3891213). (Ensign, Clinton) |
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