Modere et al v. Deloof et al

Plaintiff: Modere, Inc., Maple Mountain Group, Inc., Modere Inc, Maple Mountain Group Inc, Modere and Maple Mountain Group
Defendant: Amber DeLoof, DeBoss Marketing, Brynn Lang, BNL, LLC, Marina Simone, Body Fuel Unlimited, Inc., BNL LLC and Body Fuel Unlimited Inc
Case Number: 2:2024cv00216
Filed: March 22, 2024
Court: US District Court for the District of Utah
Presiding Judge: Dale A Kimball
Referring Judge: Jill N Parrish
2 Judge: Cecilia M Romero
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332 Diversity-Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 17, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 17, 2024 Filing 72 MEMORANDUM DECISION AND ORDER denying #9 Motion for Temporary Restraining Order; denying #9 Motion for Preliminary Injunction. Signed by Judge Jill N. Parrish on 5/17/24 (alt)
May 13, 2024 Filing 71 DECLARATION of Marina Simone re #69 Reply Memorandum/Reply to Response to Motion, to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Body Fuel Unlimited Inc, Marina Simone. (Anderson, Kevin)
May 13, 2024 Filing 70 DECLARATION of Amber DeLoof re #69 Reply Memorandum/Reply to Response to Motion, to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by DeBoss Marketing, Amber DeLoof. (Anderson, Kevin)
May 13, 2024 Filing 69 Defendant's REPLY to Response to Motion re #44 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants BNL LLC, Body Fuel Unlimited Inc, DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone. (Anderson, Kevin)
May 6, 2024 Filing 68 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant DeBoss Marketing. (Anderson, Kevin)
May 6, 2024 Filing 67 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant BNL LLC. (Anderson, Kevin)
May 6, 2024 Filing 66 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendant Body Fuel Unlimited Inc. (Anderson, Kevin)
May 6, 2024 Filing 65 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order #29 filed by Defendants BNL LLC, Body Fuel Unlimited Inc, DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone (Anderson, Kevin)
May 1, 2024 Filing 64 Supplemental AFFIDAVIT/DECLARATION of Marina Simone in Opposition re #9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants BNL LLC, Body Fuel Unlimited Inc, DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone. (Attachments: #1 Appendix Index of Exhibits to Supplemental Declaration of Marina Simone, #2 Exhibit A - Marina Simone's Social Media Posts and Analytics, #3 Exhibit B - Text Message Notices Regarding Social Marketer's Signing Up)(Anderson, Kevin)
May 1, 2024 Filing 63 Supplemental AFFIDAVIT/DECLARATION of Amber DeLoof in Opposition re #9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants BNL LLC, Body Fuel Unlimited Inc, DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone. (Attachments: #1 Appendix Index of Exhibits to Supplemental Declaration of Amber DeLoof, #2 Exhibit A - Amber DeLoof Emails to and from Tyler Maingot, #3 Exhibit B - Amber DeLoof Emails to and from Tyler Maingot Regarding 2019 1099, #4 Exhibit C - Corrected 2023 1099's from Modere USA, Inc.)(Anderson, Kevin)
May 1, 2024 Filing 62 Supplemental AFFIDAVIT/DECLARATION of Brynn Lang in Opposition re #9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants BNL LLC, Body Fuel Unlimited Inc, DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone. (Attachments: #1 Appendix Index of Exhibits to Supplemental Declaration of Brynn Lang, #2 Exhibit A - Business Entity Application for BNL, LLC, #3 Exhibit B - Email from Michelle Smith to Brynn Lang, #4 Exhibit C - Text Message from Modere to BNL, LLC)(Anderson, Kevin)
May 1, 2024 Filing 61 RESPONSE to Motion re #9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendants BNL LLC, Body Fuel Unlimited Inc, DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone. (Attachments: #1 Appendix Index of Exhibits to Response to Supplemental Memorandum ISO Motion for TRO and PI, #2 Exhibit 1 - Plaintiffs' Chart with Defendants' Responses, #3 Exhibit 2 - Portion of Transcript of TRO Hearing, #4 Exhibit 3 - Declaration of Lindsay Penhall in Support of Plaintiff's Surreply)(Anderson, Kevin)
April 30, 2024 Filing 60 NOTICE of Appearance by David C. Reymann on behalf of Maple Mountain Group, Maple Mountain Group Inc, Modere, Modere Inc (Reymann, David)
April 30, 2024 Filing 59 ORDER granting #57 Plaintiffs' Motion to File Under Seal. Signed by Magistrate Judge Cecilia M. Romero on 4/30/24. (dle)
April 29, 2024 Filing 58 **SEALED DOCUMENT** re #57 MOTION for Leave to File Sealed Document re #56 Declaration,,,,,, , #56 Declaration,,,,,, filed by Plaintiffs Maple Mountain Group, ModereNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - 2015 Policies and Procedures, #2 Exhibit B - 2017 Policies and Procedures, #3 Exhibit C - 2018 Policies and Procedures, #4 Exhibit D - 2019 Policies and Procedures, #5 Exhibit E - 2023 Policies and Procedures, #6 Exhibit F - Master P&P Comparison, #7 Exhibit G - 2016 Social Marketer Agreement Terms and Conditions, #8 Exhibit H - 2016 Compensation Plan, #9 Exhibit I - Amber DeLoof Customer Change Log, #10 Exhibit J - Amber DeLoof Business Entity Application, #11 Exhibit K - Email to Tyler Maingot, #12 Exhibit L - Amber DeLoof Elite Black Agreement, #13 Exhibit M - Amber DeLoof Social Marketer Annual Renewal Fee Invoices, #14 Exhibit N - 2018 Social Marketer Agreement Terms and Conditions, #15 Exhibit O - 2018 Compensation Plan, #16 Exhibit P - Brynn Lang Customer Change Log, #17 Exhibit Q - Social Marketer Purchase Agreement, #18 Exhibit R - Social Marketer Agreement, #19 Exhibit S - Brynn Lang Platinum Black Agreement, #20 Exhibit T - Brynn Lang Social Marketer Annual Renewal Fee Invoices, #21 Exhibit U - 2017 Social Marketer Agreement Terms and Conditions, #22 Exhibit V - 2017 Compensation Plan, #23 Exhibit W - Marina Simone Social Marketer Agreement, #24 Exhibit X - Marina Simone Customer Change Log, #25 Exhibit Y - Marina Simone Social Marketer Annual Renewal Fee Invoices)(Hunt, Jeffrey)
April 29, 2024 Filing 57 MOTION for Leave to File Sealed Document re #56 Declaration,,,,,, filed by Plaintiffs Maple Mountain Group, Modere. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Third Supplemental Declaration of Jeff Ranson Under Seal) Motions referred to Cecilia M. Romero.(Hunt, Jeffrey)
April 29, 2024 Filing 56 DECLARATION of Jeff Ranson Third Supplemental (Redacted) filed by Maple Mountain Group, Modere. (Attachments: #1 Exhibit A - 2015 Policies and Procedures, #2 Exhibit B - 2017 Policies and Procedures, #3 Exhibit C - 2018 Policies and Procedures, #4 Exhibit D - 2019 Policies and Procedures, #5 Exhibit E - 2023 Policies and Procedures, #6 Exhibit F - Master P&P Comparison, #7 Exhibit G - 2016 Social Marketer Agreement Terms and Conditions, #8 Exhibit H - 2016 Compensation Plan, #9 Exhibit I - Amber DeLoof Customer Change Log, #10 Exhibit J - Amber DeLoof Business Entity Application, #11 Exhibit K - Email to Tyler Maingot, #12 Exhibit L - Amber DeLoof Elite Black Agreement, #13 Exhibit M - Amber DeLoof Social Marketer Annual Renewal Fee Invoices, #14 Exhibit N - 2018 Social Marketer Agreement Terms and Conditions, #15 Exhibit O - 2018 Compensation Plan, #16 Exhibit P - Brynn Lang Customer Change Log, #17 Exhibit Q - Social Marketer Purchase Agreement, #18 Exhibit R - Social Marketer Agreement, #19 Exhibit S - Brynn Lang Platinum Black Agreement, #20 Exhibit T - Brynn Lang Social Marketer Annual Renewal Fee Invoices, #21 Exhibit U - 2017 Social Marketer Agreement Terms and Conditions, #22 Exhibit V - 2017 Compensation Plan, #23 Exhibit W - Marina Simone Social Marketer Agreement, #24 Exhibit X - Marina Simone Customer Change Log, #25 Exhibit Y - Marina Simone Social Marketer Annual Renewal Fee Invoices)(Hunt, Jeffrey)
April 29, 2024 Filing 55 MEMORANDUM in Opposition re #44 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Plaintiffs Maple Mountain Group, Modere. Attorney Jeffrey J. Hunt added to party Maple Mountain Group(pty:pla), Attorney Jeffrey J. Hunt added to party Modere(pty:pla)(Hunt, Jeffrey)
April 29, 2024 Filing 54 Supplemental MEMORANDUM in Support re #9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiffs Modere, Maple Mountain Group. (Attachments: #1 Exhibit A - Neways, Inc. v. Welch (4th District 2007), #2 Exhibit B - Proposed Order Granting Temporary Restraining Order) Attorney Cheylynn Hayman added to party Modere(pty:pla), Attorney Cheylynn Hayman added to party Maple Mountain Group(pty:pla)(Hayman, Cheylynn)
April 22, 2024 Filing 53 Transcript Purchased by: Kevin Anderson re #52 transcript(s) of 4/15/24. (dle)
April 22, 2024 Filing 52 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion for Temporary Restraining Order or Preliminary Injunction Hearing held on 4/15/24 before Judge Jill N. Parrish. Court Reporter/Transcriber Patti Walker, CSR, RPR, CP, Telephone number (385) 215-5889. NOTICE RE REDACTION OF TRANSCRIPTS: Please review the transcript within 14 days after receiving this notice to determine if personal data identifiers need to be redacted. If redaction is not required, the transcript will be made electronically available 90 days after this notice. If redaction of personal identifies is needed, a party must file a Notice of Intent to Request Redaction within 21 days after receiving this notice. Within 42 days after receiving this notice, a party must file a Redaction Request identifying the information that must be redacted. Please review DUCivR 5.2-1 for additional information about redacting personal identifiers or protected information. The Attorney Filing the Notice of Intent To Request Redaction and Redaction request must send a copy to the court reporter. The court will not send a copy to the court reporter. 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. Notice of Intent to Request Redaction due 5/13/2024. Redaction Request due 6/3/2024. Redacted Transcript Deadline set for 6/24/2024. Release of Transcript Restriction set for 7/22/2024. (dle)
April 15, 2024 Filing 51 Minute Entry for proceedings held before Judge Jill N. Parrish: Motion Hearing held on 4/15/2024 re #9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Modere Inc, Maple Mountain Group Inc. All parties appear via zoom. Court hears oral argument on motion. Plaintiff must submit contracts before court will rule on motion. Once Plaintiff files contracts, Defendants have two business days to respond to Plaintiffs submission. Court took the matter under advisement. Court adjourned. Attorney for Plaintiff: Chaunceton Bird, Cheylynn Hayman, Jeffrey J. Hunt, Attorney for Defendant: Jared L. Anderson, Jeffrey C. Bramble, Anna Pitcher Christiansen. Court Reporter: Patti Walker.(lwh)
April 15, 2024 Modification of Docket re #9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction. Error: Motion requesting 2 reliefs was filed with only one relief selected. Correction: Second relief, "Preliminary Injunction" added and entry text corrected. (alt)
April 15, 2024 Modification of Docket: Corrected party names to conform with court's party name standards by removing incorrectly added punctuation marks. (alt)
April 12, 2024 Filing 50 APPENDIX of 51 Videos related to #9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction, and referenced in #45 Declaration, and #46 Declaration, filed by Plaintiffs Maple Mountain Group Inc, Modere Inc, consisting of 51 MP4 files on a single USB flash drive. The files are not uploaded to the docket due to non-PDF file type and the drive 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. (alt)
April 12, 2024 Filing 49 MEMORANDUM in Opposition re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Defendants BNL, LLC, Body Fuel Unlimited, Inc., DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1 - Declaration of Amber DeLoof in Support of Memorandum in Opposition to Motion for Temporary Restraining Order and Preliminary Injunction, #3 Exhibit 2 - Declaration of Brynn Lang in Support of Memorandum Opposing Motion for Temporary Restraining Order and Preliminary Injunction, #4 Exhibit 3 - Declaration of Marina Simone in Support of Memorandum Opposing Motion for Temporary Restraining Order and Preliminary Injunction, #5 Exhibit 4 - 2023 Modere Policies and Procedures)(Anderson, Kevin)
April 12, 2024 Filing 48 NOTICE OF NONELECTRONIC FILING of of USB drive filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc. (Hayman, Cheylynn)
April 12, 2024 Filing 47 DECLARATION of Crista Yancey re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Exhibit 64 - Brynn Lang Facebook post, dated March 20, 2024, #2 Exhibit 65 - Amber DeLoof First Facebook post, dated March 21, 2024, #3 Exhibit 66 - Amber DeLoof Second Facebook post, dated March 21, 2024, #4 Exhibit 67 - Amber DeLoof Facebook post, dated March 22, 2024, #5 Exhibit 68 - Amber DeLoof Facebook post, dated March 23, 2024, #6 Exhibit 69 - Marina Simone Facebook post, dated March 23, 2024, #7 Exhibit 70 - Amber DeLoof Facebook post, dated March 24, 2024, #8 Exhibit 71 - Brynn Lang Facebook post, dated March 24, 2024, #9 Exhibit 72 - Amber DeLoof First Facebook post, dated March 25, 2024, #10 Exhibit 73 - Amber DeLoof Second Facebook post, dated March 25, 2024, #11 Exhibit 74 - Brynn Lang Facebook post, dated March 25, 2024, #12 Exhibit 75 - Brynn Lang Instagram post, dated March 25, 2024, #13 Exhibit 76 - Marina Simone Facebook post, dated March 25, 2024, #14 Exhibit 77 - Marina Simone Instagram post, dated March 25, 2024, #15 Exhibit 78 - Amber DeLoof First Facebook post, dated March 26, 2024, #16 Exhibit 79 - Amber DeLoof Second Facebook post, dated March 26, 2024, #17 Exhibit 80 - Amber DeLoof Instagram story, dated March 27, 2024, #18 Exhibit 81 - Brynn Lang Facebook video, dated March 27, 2024, #19 Exhibit 82 - Brynn Lang Instagram post, dated March 27, 2024, #20 Exhibit 83 - Brynn Lang Instagram story, dated March 27, 2024, #21 Exhibit 84 - Amber DeLoof Instagram story, dated March 28, 2024, #22 Exhibit 85 - Brynn Lang Facebook video, dated March 28, 2024, #23 Exhibit 86 - Amber DeLoof Instagram story, dated March 29, 2024, #24 Exhibit 87 - Brynn Lang Facebook post, dated March 29, 2024, #25 Exhibit 88 - Brynn Lang Instagram story, dated March 29, 2024, #26 Exhibit 89 - Marina Simone Instagram story, dated March 29, 2024, #27 Exhibit 90 - Amber DeLoof First Facebook post, dated March 30, 2024, #28 Exhibit 91 - Amber DeLoof Second Facebook post, dated March 30, 2024, #29 Exhibit 92 - Amber DeLoof Instagram Story, dated March 30, 2024, #30 Exhibit 93 - Brynn Lang Facebook post, dated March 30, 2024, #31 Exhibit 94 - Brynn Lang Instagram post, dated March 30, 2024, #32 Exhibit 95 - Brynn Lang Instagram story, dated March 30, 2024, #33 Exhibit 96 - Amber DeLoof Facebook post, dated March 31, 2024, #34 Exhibit 97 - Amber DeLoof Instagram story, dated March 31, 2024, #35 Exhibit 98 - Lynn Hendricks Facebook post, dated March 31, 2024, #36 Exhibit 99 - Amber DeLoof Facebook video, dated April 1, 2024, #37 Exhibit 100 - Amber DeLoof Instagram story, dated April 1, 2024, #38 Exhibit 101 - Brynn Lang Facebook post, dated April 1, 2024, #39 Exhibit 102 - Brynn Lang Instagram post, dated April 1, 2024, #40 Exhibit 103 - Brynn Lang Instagram story, dated April 1, 2024, #41 Exhibit 104 - Marina Simone Instagram story, dated April 1, 2024, #42 Exhibit 120 - Amber DeLoof Facebook post, dated April 5, 2024, #43 Exhibit 121 - Amber DeLoof Instagram story, dated April 5, 2024, #44 Exhibit 122 - Brynn Lang Facebook post, dated April 5, 2024, #45 Exhibit 123 - Brynn Lang Instagram post, dated April 5, 2024, #46 Exhibit 124 - Brynn Lang Instagram story, dated April 5, 2024, #47 Exhibit 125 - Jordan LeVeck Facebook post, dated April 5, 2024, #48 Exhibit 126 - Marina Simone Instagram story, dated April 5, 2024, #49 Exhibit 127 - Mariska Richters Facebook post, dated April 5, 2024, #50 Exhibit 128 - Amber DeLoof First Facebook post, dated April 6, 2024, #51 Exhibit 129 - Amber DeLoof Second Facebook post, dated April 6, 2024, #52 Exhibit 130 - Amber DeLoof Instagram story, dated April 6, 2024, #53 Exhibit 131 - Brynn Lang Facebook post, dated April 6, 2024, #54 Exhibit 132 - Brynn Lang Instagram post, dated April 6, 2024, #55 Exhibit 133 - Brynn Lang Instagram story, dated April 6, 2024, #56 Exhibit 134 - Marina Simone Facebook post, dated April 6, 2024, #57 Exhibit 135 - Marina Simone Instagram story, dated April 6, 2024, #58 Exhibit 136 - Alissa Shearer Facebook post, dated April 7, 2024, #59 Exhibit 137 - Amber DeLoof First Facebook post, dated April 7, 2024, #60 Exhibit 138 - Amber DeLoof Second Facebook post, dated April 7, 2024, #61 Exhibit 139 - Amber DeLoof Instagram story, dated April 7, 2024, #62 Exhibit 140 - Brynn Lang First Facebook post, dated April 7, 2024, #63 Exhibit 141 - Brynn Lang Second Facebook post, dated April 7, 2024, #64 Exhibit 142 - Brynn Lang Instagram post, dated April 7, 2024, #65 Exhibit 143 - Brynn Lang Instagram story, dated April 7, 2024, #66 Exhibit 144 - Coral Adams Facebook post, dated April 7, 2024, #67 Exhibit 145 - Diane Harris Facebook post, dated April 7, 2024, #68 Exhibit 146 - Hayley Nicole Hayes Facebook post, dated April 7, 2024, #69 Exhibit 147 - Jordan LeVeck Facebook post, dated April 7, 2024, #70 Exhibit 148 - Lacey Garcia Facebook post, dated April 7, 2024, #71 Exhibit 149 - Lauren Giglio Facebook post, dated April 7, 2024, #72 Exhibit 150 - Lindsay Walters Facebook post, dated April 7, 2024, #73 Exhibit 151 - Marina Simone Facebook post, dated April 7, 2024, #74 Exhibit 152 - Marina Simone Facebook video, dated April 7, 2024, #75 Exhibit 153 - Marina Simone Instagram story, dated April 7, 2024, #76 Exhibit 154 - Nancy Caraway Tucker Chambless Facebook post, dated April 7, 2024, #77 Exhibit 155 - Tami Stover Facebook post, dated April 7, 2024, #78 Exhibit 156 - Amber DeLoof Facebook post, dated April 8, 2024, #79 Exhibit 157 - Amber DeLoof Instagram story, dated April 8, 2024, #80 Exhibit 158 - Brynn Lang Facebook video, dated April 8, 2024, #81 Exhibit 159 - Brynn Lang Instagram story, dated April 8, 2024, #82 Exhibit 160 - Marina Simone Instagram story, dated April 8, 2024, #83 Exhibit 161 - Amber DeLoof Facebook post, dated April 9, 2024, #84 Exhibit 162 - Amber Deloof Facebook video, dated April 9, 2024, #85 Exhibit 163 - Amber DeLoof Instagram story, dated April 9, 2024, #86 Exhibit 164 - Brynn Lang Instagram story, dated April 9, 2024, #87 Exhibit 165 - Amber DeLoof Facebook post, dated April 10, 2024, #88 Exhibit 166 - Amber DeLoof Instagram story, dated April 10, 2024, #89 Exhibit 167 - Brynn Lang Facebook video, dated April 10, 2024, #90 Exhibit 168 - Brynn Lang Instagram story, dated April 10, 2024, #91 Exhibit 169 - Brynn Lang Instagram story, dated April 10, 2024, #92 Exhibit 170 - Marina Simone Instagram story, dated April 10, 2024, #93 Exhibit 171 - Amber DeLoof Facebook post, dated April 11, 2024, #94 Exhibit 172 - Amber DeLoof Instagram story, dated April 11, 2024, #95 Exhibit 173 - Brynn Lang Facebook post, dated April 11, 2024, #96 Exhibit 174 - Brynn Lang Instagram post, dated April 11, 2024, #97 Exhibit 175 - Jackie Coney Facebook post, dated April 11, 2024, #98 Exhibit 176 - Brynn Lang Instagram video, dated February 10 April 7, 2024, #99 Exhibit 177 - Marina Simone Instagram video, dated February 22 March 17, 2024, #100 Appendix of Exhibits to Crista Yancey Declaration)(Hayman, Cheylynn)
April 12, 2024 Filing 46 DECLARATION of Jasmine Leonardi re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Appendix Index of Exhibits, #2 Exhibit 105 - Amber DeLoof FB Post, #3 Exhibit 106 - Amber DeLoof IG Video, #4 Exhibit 107 - Brynn Lang IG Video, #5 Exhibit 108 - Amber DeLoof FB Post, #6 Exhibit 109 - Amber DeLoof FB Video, #7 Exhibit 110 - Amber DeLoof IG Video, #8 Exhibit 111 - Brynn Lang FB Video, #9 Exhibit 112 - Brynn Lang IG Video, #10 Exhibit 113 - Marina Simone IG Video, #11 Exhibit 114 - Amber DeLoof FB Post, #12 Exhibit 115 - Amber DeLoof IG Video, #13 Exhibit 116 - Brynn Lang IG Video, #14 Exhibit 117 - Marina Simone FB Post, #15 Exhibit 118 - Marina Simone FB Video, #16 Exhibit 119 - Marina Simone IG Video)(Hayman, Cheylynn)
April 12, 2024 Filing 45 DECLARATION of Jeff Ranson Second Supplemental filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Exhibit A - DeLoof Promotions, #2 Exhibit B - Lang Promotions, #3 Exhibit C - Simone Promotions)(Hayman, Cheylynn)
April 11, 2024 Filing 44 MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support filed by Defendants BNL, LLC, Body Fuel Unlimited, Inc., DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone. (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit 1 - Declaration of Amber DeLoof in Support of Defendants' Motion to Dismiss for Lack of Personal Jurisdiction, #3 Exhibit 2 - Declaration of Brynn Lang in Support of Defendants' Motion to Dismiss for Lack of Personal Jurisdiction, #4 Exhibit 3 - Declaration of Marina Simone in Support of Defendants' Motion to Dismiss for Lack of Personal Jurisdiction)(Anderson, Kevin)
April 10, 2024 Filing 43 AMENDED NOTICE OF HEARING ON MOTION re: #9 Redacted MOTION for Temporary Restraining Order and Preliminary Injunction : (Notice generated by JNP Chambers) Motion Hearing reset for 4/15/2024 at 09:00 AM VIA ZOOM before Judge Jill N. Parrish. Hearing reset at the request of the parties. (lwh)
April 10, 2024 Filing 42 NOTICE of Appearance by Anna Pitcher Christiansen on behalf of BNL, LLC, Body Fuel Unlimited, Inc., DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone (Christiansen, Anna)
April 10, 2024 Filing 41 NOTICE of Appearance by Jeffrey C. Bramble on behalf of BNL, LLC, Body Fuel Unlimited, Inc., DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone (Bramble, Jeffrey)
April 10, 2024 Filing 40 NOTICE of Appearance by Kevin N. Anderson on behalf of BNL, LLC, Body Fuel Unlimited, Inc., DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone (Anderson, Kevin)
April 9, 2024 Filing 39 NOTICE OF HEARING ON MOTION re: #9 Redacted MOTION for Temporary Restraining Order and Preliminary Injunction : (Notice generated by JNP Chambers) Motion Hearing set for 4/15/2024 at 09:30 AM VIA ZOOM before Judge Jill N. Parrish. The court has set aside 2.5 hours for this hearing. The court will consider evidence submitted by affidavit or through any live testimony that can be presented during the time set aside for the hearing and will hear oral argument on the motion. All declarations and briefs must be filed on or before April 12, 2024 at noon. (lwh)
April 9, 2024 Filing 38 NOTICE of Appearance by Jared L. Anderson on behalf of BNL, LLC, Body Fuel Unlimited, Inc., DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone (Anderson, Jared)
April 8, 2024 Filing 37 Plaintiff's OBJECTIONS to #36 Objections,, filed by Maple Mountain Group, Inc., Modere, Inc.. (Hunt, Jeffrey)
April 8, 2024 Filing 36 OBJECTIONS to #35 Request to Submit for Decision, and Proposed Temporary Restraining Order filed by BNL, LLC, Body Fuel Unlimited, Inc., DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone. Attorney Perris E. Nelson added to party BNL, LLC(pty:dft), Attorney Perris E. Nelson added to party Body Fuel Unlimited, Inc.(pty:dft), Attorney Perris E. Nelson added to party DeBoss Marketing(pty:dft), Attorney Perris E. Nelson added to party Amber DeLoof(pty:dft), Attorney Perris E. Nelson added to party Brynn Lang(pty:dft), Attorney Perris E. Nelson added to party Marina Simone(pty:dft)(Nelson, Perris)
April 8, 2024 Filing 35 REQUEST to Submit for Decision re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Text of Proposed Order Temporary Restraining Order)(Hunt, Jeffrey)
April 3, 2024 Filing 34 NOTICE OF ACKNOWLEDGMENT of Civil Standing Order filed by Plaintiff Modere, Inc. (Bird, Chaunceton)
March 29, 2024 Filing 33 WAIVER OF SERVICE Returned Executed filed by Modere, Inc. (Hayman, Cheylynn)
March 28, 2024 Filing 32 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Magistrate Judge Cecilia M. Romero on 03/28/2024. (haa)
March 28, 2024 Filing 31 ORDER granting #16 Plaintiffs' Motion to Seal. Signed by Magistrate Judge Cecilia M. Romero on 3/28/24. (dle)
March 27, 2024 Filing 30 ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Jill N. Parrish on 3. (lwh)
March 27, 2024 Filing 29 CIVIL STANDING ORDER Signed by Judge Jill N. Parrish on 3/27/2024. (lwh)
March 26, 2024 Filing 28 RETURN OF SERVICE Executed for Personal served on DeBoss Marketing, Inc. c/o Amber DeLoof on 03/23/2024, filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.. (Hayman, Cheylynn)
March 26, 2024 Filing 27 RETURN OF SERVICE Executed for Personal served on BNL, LLC c/o Brynn Lang on 03/23/2024, filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.. (Hayman, Cheylynn)
March 26, 2024 Filing 26 RETURN OF SERVICE Executed for Personal served on Brynn Lang on 03/23/2024, filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.. (Hayman, Cheylynn)
March 26, 2024 Filing 25 RETURN OF SERVICE Executed for Personal served on Amber DeLoof on 03/23/2024, filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.. (Hayman, Cheylynn)
March 26, 2024 Filing 24 DECLARATION of Jeff Ranson Supplemental filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Exhibit A - Social Marketing Agreement Simone 10/10/2017)(Hayman, Cheylynn)
March 25, 2024 Filing 23 ORDER OF RECUSAL Judge Ted Stewart recused. Case reassigned to Judge Jill N. Parrish for all further proceedings. Signed by Judge Ted Stewart on 3/25/2024. (mh)
March 25, 2024 Filing 22 EXHIBITS 5 (No. 13),(No. 12),(No. 29) and (No. 63) filed by Maple Mountain Group, Inc., Modere, Inc. re #21 Notice of Nonelectronic Filing. The exhibits are not uploaded to the docket due to video file type. The drive with the exhibits 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. (mh)
March 25, 2024 Filing 21 NOTICE OF NONELECTRONIC FILING of USB drive filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc. (Hunt, Jeffrey)
March 25, 2024 Filing 20 ORDER OF RECUSAL - Judge Dale A. Kimball recused. Case reassigned to Judge Ted Stewart for all further proceedings. Signed by Judge Dale A. Kimball on 3/25/2024. (eat)
March 22, 2024 Filing 19 NOTICE of Motion for Temporary Restraining Order and Preliminary Injunction by Maple Mountain Group, Inc., Modere, Inc. re #17 Sealed Document,,, #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction (Hunt, Jeffrey)
March 22, 2024 Filing 18 **SEALED DOCUMENT** re #10 Declaration,, #16 MOTION for Leave to File Sealed Document re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.NOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Social Marketing Agreement, #2 Exhibit B - Modere Policies and Procedures (2019), #3 Exhibit C - Acceptance dialogue box, #4 Exhibit D - Elite Black Agreement (Amber DeLoof), #5 Exhibit E - Platinum Black Agreement (Brynn Lang), #6 Exhibit F - 2024.02.02 Notice of Voluntary Termination Ltr, #7 Exhibit G - 2024.03.07 - J. Hunt Cease & Desist Demand Letter to Jared Anderson, #8 Exhibit H - Amy Hightower Texts)(Hunt, Jeffrey)
March 22, 2024 Filing 17 **SEALED DOCUMENT** re #16 MOTION for Leave to File Sealed Document re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction , #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.NOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 1 - Social Marketing Agreement, #2 Exhibit 2 - Modere Policies and Procedures (2019), #3 Exhibit 3 - Elite Black Agreement (Amber DeLoof), #4 Exhibit 4 - Platinum Black Agreement (Brynn Lang), #5 Exhibit 5 - Exhibit 5 Modere Motion for TRO and PI, #6 Exhibit 6 - Declaration (Kelsey McDaniel))(Hunt, Jeffrey)
March 22, 2024 Filing 16 MOTION for Leave to File Sealed Document re #9 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Preliminary Injunction filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Text of Proposed Order Granting Motion for Leave to File Under Seal)(Hunt, Jeffrey)
March 22, 2024 Filing 15 DECLARATION of Anthony Zolecki filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Exhibit A - Text Messages with Amber DeLoof and Amy Smith-Hightower, #2 Exhibit B - FreqUp FB Post)(Hunt, Jeffrey)
March 22, 2024 Filing 14 DECLARATION of John Melton filed by Maple Mountain Group, Inc., Modere, Inc.. (Hunt, Jeffrey)
March 22, 2024 Filing 13 DECLARATION of Kaggan Parker filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Exhibit A - Text Messages with Amber)(Hunt, Jeffrey)
March 22, 2024 Filing 12 DECLARATION of Michelle Churchill Dworack filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Exhibit A - Michelle Churchill and Marina Simone Text, #2 Exhibit B - Michelle Churchill and Ashley Albeck Text)(Hunt, Jeffrey)
March 22, 2024 Filing 11 DECLARATION of Crista Yancey filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Appendix of Exhibits to Crista Yancey Declaration, #2 Exhibit 1 - Frequense FB Post re Amber DeLoof, #3 Exhibit 2 - Amber DeLoof FB Post, #4 Exhibit 3 - Amber DeLoof FB Post, #5 Exhibit 4 - Amber DeLoof FB Post, #6 Exhibit 5 - Brynn Lang IG Post, #7 Exhibit 6 - Amber DeLoof FB Post, #8 Exhibit 7 - Amber DeLoof FB Post, #9 Exhibit 8 - Amber DeLoof FB Post, #10 Exhibit 9 - Amber DeLoof FB Post, #11 Exhibit 10 - Amber DeLoof FB Post, #12 Exhibit 11 - Amber DeLoof FB Post, #13 Exhibit 12 - Brynn Lang Facebook Video, #14 Exhibit 13 - Amber DeLoof FB Video, #15 Exhibit 14 - Amber DeLoof FB Post, #16 Exhibit 15 - Amber DeLoof FB Post, #17 Exhibit 16 - Jennifer Ritacco Serfer FB Post, #18 Exhibit 17 - Marina Simone FB Post, #19 Exhibit 18 - Amber DeLoof FB Post, #20 Exhibit 19 - Amber DeLoof FB Post, #21 Exhibit 20 - Brynn Lang FB Post, #22 Exhibit 21 - Aleshia Wisch FB Post, #23 Exhibit 22 - Brynn Lang FB Post, #24 Exhibit 23 - Amber DeLoof FB Post, #25 Exhibit 24 - Brynn Lang FB Post, #26 Exhibit 25 - Brynn Lang FB Post, #27 Exhibit 26 - Erin Murphy Heberger FB Post, #28 Exhibit 27 - Marina Simone FB Post, #29 Exhibit 28 - Marina Simone FB Post, #30 Exhibit 29 - Marina Simone FB Video, #31 Exhibit 30 - Jennifer Tarango FB Post, #32 Exhibit 31 - Lauren Giglio FB Post, #33 Exhibit 32 - Amber DeLoof FB Post, #34 Exhibit 33 - Marina Simone FB Post, #35 Exhibit 34 - Amber DeLoof FB Post, #36 Exhibit 35 - Brynn Lang FB Post, #37 Exhibit 36 - Aleshia Wisch FB Post, #38 Exhibit 37 - Amber DeLoof FB Post, #39 Exhibit 38 -Brynn Lang FB Post, #40 Exhibit 39 - Marina Simone FB Post, #41 Exhibit 40 - Amber DeLoof FB Post, #42 Exhibit 41 - Amber DeLoof FB Post, #43 Exhibit 42 - Amber DeLoof FB Post, #44 Exhibit 43 - FreqUp FB Post, #45 Exhibit 44 - Lindsay Walters FB Post, #46 Exhibit 45 - Marina Simone comment on Facebook Post, #47 Exhibit 46 - Amber DeLoof FB Post, #48 Exhibit 47 - Amber DeLoof FB Post, #49 Exhibit 48 - Marina Simone FB Post, #50 Exhibit 49 - Amber DeLoof FB Post, #51 Exhibit 50 - Amber DeLoof FB Post, #52 Exhibit 51 - Brynn Lang FB Post, #53 Exhibit 52 - Amber DeLoof FB Post, #54 Exhibit 53 - Marina Simone FB Post, #55 Exhibit 54 - Marina Simone FB Post, #56 Exhibit 55 - Amber DeLoof FB Post, #57 Exhibit 56 - Brynn Lang FB Post, #58 Exhibit 57 - Amber DeLoof FB Post, #59 Exhibit 58 - Brynn Lang FB Post, #60 Exhibit 59 - Marina Simone FB Post, #61 Exhibit 60 - Brynn Lang FB Post, #62 Exhibit 61 - Amber DeLoof FB Post, #63 Exhibit 62 - Amber DeLoof FB Post, #64 Exhibit 63 - Amber DeLoof IG Video)(Hunt, Jeffrey)
March 22, 2024 Filing 10 DECLARATION of Jeff Ranson (Redacted) filed by Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Exhibit A - Social Marketing Agreement, #2 Exhibit B - Modere Policies and Procedures, #3 Exhibit C - Acceptance Dialogue Box, #4 Exhibit D - Elite Black Agreement, #5 Exhibit E - Platinum Black Agreement, #6 Exhibit F - Notice of Voluntary Termination Letter, #7 Exhibit G - Cease & Desist Demand Letter to Jared Anderson, #8 Exhibit H - Amy Hightower Texts)(Hunt, Jeffrey)
March 22, 2024 Filing 9 Redacted MOTION for Temporary Restraining Order MOTION for Preliminary Injunction and Memorandum in Support filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc.. (Attachments: #1 Exhibit 1 - Social Marketing Agreement, #2 Exhibit 2 - Modere Policies Procedures, #3 Exhibit 3 - Elite Black Agreement, #4 Exhibit 4 - Platinum Black Agreement, #5 Exhibit 5 - Social Media Exhibits to Crista Yancey Declaration, #6 Exhibit 6 - Declaration to Kelsey McDaniel)(Hunt, Jeffrey). Added MOTION for Preliminary Injunction and corrected entry text on 4/15/2024 (alt)
March 22, 2024 Filing 8 Summons Issued Electronically as to Marina Simone. 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. (kec)
March 22, 2024 Filing 7 Summons Issued Electronically as to DeBoss Marketing. 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. (kec)
March 22, 2024 Filing 6 Summons Issued Electronically as to Brynn Lang. 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. (kec)
March 22, 2024 Filing 5 Summons Issued Electronically as to Body Fuel Unlimited, 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. (kec)
March 22, 2024 Filing 4 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Plaintiffs Maple Mountain Group, Inc., Modere, Inc. identifying Maple Mountain Enterprises, Inc. as Corporate Parent. (Hunt, Jeffrey)
March 22, 2024 Filing 3 Summons Issued Electronically as to BNL, LLC. 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. (kec)
March 22, 2024 Filing 2 Summons Issued Electronically as to Amber DeLoof. 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. (kec)
March 22, 2024 Filing 1 COMPLAINT (Motion for Temporary Restraining Order to be filed separately) against BNL, LLC, Body Fuel Unlimited, Inc., DeBoss Marketing, Amber DeLoof, Brynn Lang, Marina Simone (Filing fee $ 405, receipt number AUTDC-5009175) filed by Modere, Inc., Maple Mountain Group, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Social Marketing Agreement, #3 Exhibit B - Modere Policies and Procedures, #4 Exhibit C - Elite Black Agreement, #5 Exhibit D - Platinum Black Agreement) (Hunt, Jeffrey)
March 22, 2024 Judge Dale A. Kimball added. Case number will now read 2:24-cv-00216-DAK. Please make changes to document captions accordingly. (kec)

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Search for this case: Modere et al v. Deloof et al
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Plaintiff: Modere, Inc.
Represented By: Cheylynn Hayman
Represented By: Maria Judith DeMarco
Represented By: Chaunceton Bird
Represented By: Jeffrey J. Hunt
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Plaintiff: Maple Mountain Group, Inc.
Represented By: Chaunceton Bird
Represented By: Cheylynn Hayman
Represented By: Maria Judith DeMarco
Represented By: Jeffrey J. Hunt
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Plaintiff: Modere Inc
Represented By: David C. Reymann
Represented By: Chaunceton Bird
Represented By: Cheylynn Hayman
Represented By: Maria Judith DeMarco
Represented By: Jeffrey J. Hunt
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Plaintiff: Maple Mountain Group Inc
Represented By: David C. Reymann
Represented By: Chaunceton Bird
Represented By: Cheylynn Hayman
Represented By: Maria Judith DeMarco
Represented By: Jeffrey J. Hunt
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Plaintiff: Modere
Represented By: David C. Reymann
Represented By: Jeffrey J. Hunt
Represented By: Cheylynn Hayman
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Plaintiff: Maple Mountain Group
Represented By: David C. Reymann
Represented By: Jeffrey J. Hunt
Represented By: Cheylynn Hayman
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Defendant: Amber DeLoof
Represented By: Jeffrey C. Bramble
Represented By: Anna Pitcher Christiansen
Represented By: Jared L. Anderson
Represented By: Kevin N. Anderson
Represented By: Perris E. Nelson
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Defendant: DeBoss Marketing
Represented By: Anna Pitcher Christiansen
Represented By: Jared L. Anderson
Represented By: Jeffrey C. Bramble
Represented By: Kevin N. Anderson
Represented By: Perris E. Nelson
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Defendant: Brynn Lang
Represented By: Anna Pitcher Christiansen
Represented By: Jared L. Anderson
Represented By: Jeffrey C. Bramble
Represented By: Kevin N. Anderson
Represented By: Perris E. Nelson
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Defendant: BNL, LLC
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Defendant: Marina Simone
Represented By: Anna Pitcher Christiansen
Represented By: Jared L. Anderson
Represented By: Jeffrey C. Bramble
Represented By: Kevin N. Anderson
Represented By: Perris E. Nelson
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Defendant: Body Fuel Unlimited, Inc.
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Defendant: BNL LLC
Represented By: Anna Pitcher Christiansen
Represented By: Jared L. Anderson
Represented By: Jeffrey C. Bramble
Represented By: Kevin N. Anderson
Represented By: Perris E. Nelson
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Defendant: Body Fuel Unlimited Inc
Represented By: Anna Pitcher Christiansen
Represented By: Jared L. Anderson
Represented By: Jeffrey C. Bramble
Represented By: Kevin N. Anderson
Represented By: Perris E. Nelson
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