United States of America v. Evig et al
Plaintiff: United States of America
Defendant: Evig a corporation doing business as Balance of Nature and Douglas Lex Howard
Case Number: 4:2023cv00089
Filed: October 11, 2023
Court: US District Court for the District of Utah
Presiding Judge: David Nuffer
Nature of Suit: Other Statutory Actions
Cause of Action: 21 U.S.C. § 331 Federal Food, Drug & Cosmetic Act - Prohibited Acts
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2023 Filing 18 CONSENT DECREE FOR PERMANENT INJUNCTION, granting #3 Joint Motion for Entry of Judgment. Signed by Judge David Nuffer on 11/15/23 (alt)
November 15, 2023 Civil Case Terminated per #18 Permanent Injunction - CASE CLOSED. Magistrate Judge Paul Kohler no longer assigned to case (alt)
November 8, 2023 Opinion or Order Filing 17 ORDER granting #16 Motion to Stay Preparation of a Case Schedule. Signed by Magistrate Judge Paul Kohler on 11/8/23 (alt)
November 7, 2023 Filing 16 Joint MOTION to Stay Preparation of a Case Schedule filed by Defendants Evig, Douglas Lex Howard. (Attachments: #1 Text of Proposed Order) Motions referred to Paul Kohler.(Levi, William)
October 20, 2023 Opinion or Order Filing 15 DOCKET TEXT ORDER REFERRING CASE to Magistrate Judge Paul Kohler under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Nuffer on 10/20/2023. (pjd)
October 18, 2023 Opinion or Order Filing 14 DOCKET TEXT ORDER granting #7 Motion for Admission Pro Hac Vice of Attorney Scott A. Kaplan for Evig, Douglas Lex Howard.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.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.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. So ordered by Judge David Nuffer on 10/18/23 (docket text only - no attached document) (alt)
October 18, 2023 Opinion or Order Filing 13 DOCKET TEXT ORDER granting #6 Motion for Admission Pro Hac Vice of Attorney William R. Levi for Evig, Douglas Lex Howard.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.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.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. So ordered by Judge David Nuffer on 10/18/23 (docket text only - no attached document) (alt)
October 18, 2023 Opinion or Order Filing 12 DOCKET TEXT ORDER granting #5 Motion for Admission Pro Hac Vice of Attorney Rebecca K. Wood for Evig, Douglas Lex Howard.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.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.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. So ordered by Judge David Nuffer on 10/18/23 (docket text only - no attached document) (alt)
October 18, 2023 Filing 11 NOTICE OF ERRORS re #5 MOTION for Admission Pro Hac Vice of Kurt Harris, #6 MOTION for Admission Pro Hac Vice of William Levi, #7 MOTION for Admission Pro Hac Vice of Scott Kaplan. The documents were filed with only one party selected as the filer which meant filing atty was only added as counsel for the selected party. Also, the first motion entry identifies the filing atty as the pro hac atty. The clerk will correct the name of the pro hac atty in the first entry and correct all entries so that they show that they are filed by both dft parties and add local counsel as representing the second dft party as well. (alt)
October 18, 2023 Opinion or Order Filing 10 ORDER TO PROPOSE SCHEDULE - See order for details. Signed by Judge David Nuffer on 10/17/23 (alt)
October 17, 2023 Filing 9 NOTICE FROM THE COURT This case is assigned to the Southern Region of the Central Division of the District of Utah. More information is on the court's #Southern Region web page.
October 17, 2023 Filing 8 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Defendant Evig. Form due by 11/7/2023. (alf)
October 14, 2023 Filing 7 MOTION for Admission Pro Hac Vice of Scott Kaplan, Registration fee $ 50, receipt number AUTDC-4841063,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 Evig, Douglas Lex Howard. (Attachments: #1 Exhibit Application, #2 Exhibit Proposed Order)(Harris, Kurt) Modified on 10/18/2023: added second filing party and corrected entry text (alt)
October 14, 2023 Filing 6 MOTION for Admission Pro Hac Vice of William Levi, Registration fee $ 50, receipt number AUTDC-4841062,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 Evig, Douglas Lex Howard. (Attachments: #1 Exhibit Application, #2 Exhibit Proposed Order)(Harris, Kurt) Modified on 10/18/2023: added second filing party and corrected entry text (alt)
October 14, 2023 Filing 5 MOTION for Admission Pro Hac Vice of Rebecca K. Wood, Registration fee $ 50, receipt number AUTDC-4841060,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 Evig, Douglas Lex Howard. (Attachments: #1 Exhibit Pro Hac Vice Application, #2 Exhibit Proposed Order) Attorney Kurt Harris added to party Evig (pty:dft)(Harris, Kurt) Modified on 10/18/2023: added filer and corrected entry text (alt)
October 12, 2023 Filing 4 NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-4, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at consents@utd.uscourts.gov or mail at the address on the form. Please do not efile the Consent Form in the case. Notice e-mailed or mailed to Plaintiff United States of America. (Notice generated by Clerk's office) Form due by 11/2/2023. (kec)
October 12, 2023 Filing 3 Joint MOTION for Entry of Judgment /Permanent Injunction filed by Plaintiff United States of America. (Attachments: #1 Text of Proposed Order)(Williams, Sarah) Modified on 11/8/2023: edited entry text (alt)
October 11, 2023 Filing 2 COMPLAINT against All Defendants No Fee Required - US Government filed by United States of America. (Attachments: #1 Civil Cover Sheet) (Williams, Sarah)
October 11, 2023 Filing 1 Case has been indexed and assigned to Judge David Nuffer. Plaintiff United States of America 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 (Filing on Behalf of the United States)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. (sg)

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Plaintiff: United States of America
Represented By: Sarah Williams
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Defendant: Evig a corporation doing business as Balance of Nature
Represented By: Kurt Harris
Represented By: Rebecca K. Wood
Represented By: Scott A. Kaplan
Represented By: William R. Levi
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Defendant: Douglas Lex Howard
Represented By: Kurt Harris
Represented By: Rebecca K. Wood
Represented By: Scott A. Kaplan
Represented By: William R. Levi
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