07/05/2023 26 *Supplemental MEMORANDUM in Support of 11 Motion for Leave to File its Unredacted Response in Opposition to Plaintiffs' Application for Temporary Restraining Order, the Hershberger Declaration, the Readette Declaration, and Certain Exhibits Under Seal 19 Response in Opposition to Motion, by Defendant Isagenix International LLC. (Halaby, Andrew) *Modified to add document link on 7/6/2023 (REK). (Entered: 07/05/2023)
07/05/2023 27 *Supplemental BRIEF in support of Motion for Preliminary Injunction by Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Attachments: # 1 Exhibit SECOND DECLARATION OF SIV BENNETT, # 2 Exhibit SECOND DECLARATION OF EXPERT DERK G. RASMUSSEN, # 3 Exhibit DECLARATION OFJOHN DUNCAN, # 4 Exhibit DECLARATION OF DON HICKOK, # 5 Exhibit DECLARATION OF DAVID LEE, # 6 Exhibit DECLARATION OF BEN DEAL, # 7 Proposed Order PROPOSED ORDER REGARDING PRELIMINARY INJUNCTION)(Wellman, Chris) *Modified event and docket text on 7/7/2023 (NKS). (Entered: 07/05/2023)
07/11/2023 28 Joint MOTION Re Conduct of July 14, 2023 Preliminary Injunction Hearing by Isagenix International LLC. (Attachments: # 1 Proposed Order Proposed Order)(Halaby, Andrew) (Entered: 07/11/2023)
07/11/2023 29 ORDER: The Court appreciates the parties' efforts to streamline the evidence for the preliminary injunction hearing this Friday, but finds the parties' submission (Doc. 28 ) overly complicated and potentially burdensome on the Court. The Court therefore orders as follows: (1) By 9:30 a.m. on July 13, 2023, the parties shall provide the court with two paper copies of a single, collective set of exhibits to be submitted by the parties at the hearing on Friday, numbered consecutively (1, 2, 3...). This should include all exhibits the parties want the Court to consider in ruling on the preliminary injunction request. The exhibits should be provided in 3-ring binders. The admissibility of these exhibits will be addressed at the hearing. (2) By 9:30 a.m. on July 13, 2023, the parties shall provide the Court with two paper copies of a single, collective set of the declarations to be submitted by the parties at the hearing, identified by letters (A, B, C,...). This should include all declarations the parties want the Court to consider. The declarations should be included in 3-ring binders. The admissibility of the declarations will be addressed at the hearing. The parties shall identify which declarations the Court should attempt to read before Friday's hearing. (3) Witnesses may testify at the hearing by Zoom. Ordered by Senior Judge David G Campbell on 7/11/2023. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (CLB) (Entered: 07/11/2023)
07/12/2023 30 SUPPLEMENT Defendant's Supplemental Response in Opposition to Entry of Preliminary Injunction by Defendant Isagenix International LLC. (Attachments: # 1 Exhibit A, # 2 Attachment Supplemental Declaration of Cassy Readette, # 3 Attachment Declaration of Elie Aboujawde, # 4 Attachment Declaration of Eli Rohlf)(Halaby, Andrew) (Entered: 07/12/2023)
07/14/2023 31 MINUTE ENTRY for proceedings held before Senior Judge David G Campbell: Preliminary Injunction Hearing held on 7/14/2023. Evidence entered. The Court takes this matter under advisement. (Court Reporter Elaine Cropper.) Hearing held 10:00 AM to 12:14 PM. (See document for complete details). (SLQ) (Entered: 07/14/2023)
07/14/2023 32 Joint Witness List by Jay Bennett, Siv Bennett, Isagenix International LLC, Kesha Marketing Incorporated. (SLQ) (Entered: 07/14/2023)
07/14/2023 33 Joint Exhibit List by Jay Bennett, Siv Bennett, Isagenix International LLC, Kesha Marketing Incorporated. (SLQ) (Entered: 07/14/2023)
07/14/2023 34 Joint Declaration List by Jay Bennett, Siv Bennett, Isagenix International LLC, Kesha Marketing Incorporated. (SLQ) (Entered: 07/14/2023)
07/17/2023 12 *SEALED (Unredacted) Defendant's Response in Opposition to Plaintiffs' Application for Temporary Restraining Order 2 filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. 37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). (Entered: 06/16/2023)
07/17/2023 13 *SEALED (Unredacted) Declaration of Cassy Readette in Support of Response to Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. 37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). (Entered: 06/16/2023)
07/17/2023 14 *SEALED (Unredacted) Exhibit G to Response in Opposition to Plaintiffs' Application for Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. 37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). (Entered: 06/16/2023)
07/17/2023 15 *SEALED (Unredacted) Exhibit H to Response in Opposition to Plaintiffs' Application for Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. 37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). (Entered: 06/16/2023)
07/17/2023 16 *SEALED (Unredacted) Exhibit I to Response in Opposition to Plaintiffs' Application for Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. 37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). (Entered: 06/16/2023)
07/17/2023 17 *SEALED (Unredacted) Declaration of Amy Hershberger in Support of Response to Temporary Restraining Order filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. 37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). (Entered: 06/16/2023)
07/17/2023 18 *SEALED (Unredacted) Exhibit A to Hershberger Affidavit filed by Isagenix International LLC. (Halaby, Andrew) *Modified to change from lodged to filed pursuant to doc. 37 on 7/17/2023 (MAP); NEF regenerated on 7/18/2023 (CEI). (Entered: 06/16/2023)
07/17/2023 35 TRANSCRIPT REQUEST by Isagenix International LLC for proceedings held on 7/14/2023, Judge David G Campbell hearing judge(s). (Halaby, Andrew) (Entered: 07/17/2023)
07/17/2023 36 PRELIMINARY INJUNCTION: The Court enters this preliminary injunction, effective immediately, to remain in place until this litigation is resolved or the Court orders otherwise. Within 48 hours of this order, Plaintiffs shall post a bond in the amount of $1,500,000. Defendant has stated repeatedly that it intends to file a motion to compel arbitration once this preliminary relief issue is resolve. Defendant shall file the motion by July 28, 2023. See attachment for details. Signed by Senior Judge David G Campbell on 7/17/23 at 3:25 p.m.. (CLB) (Entered: 07/17/2023)
07/17/2023 37 ORDER granting 11 Motion to Seal. The Clerk is directed to file the lodged documents (Docs. 12-18) under seal with the same document numbers. Signed by Senior Judge David G Campbell on 7/17/23. (MAP) (Entered: 07/17/2023)
07/19/2023 38 MOTION for Extension of Time To Post Bond by Jay Bennett, Siv Bennett, Kesha Marketing Incorporated. (Attachments: # 1 Exhibit Declaration of Scott Wellman, # 2 Exhibit Declaration of Arturo Ayala, # 3 Proposed Order)(Wellman, Scott) (Entered: 07/19/2023)
07/19/2023 39 ORDER granting 38 Motion for Extension of Time to Post Bond. See attachment for details. Signed by Senior Judge David G Campbell on 7/19/23. (CLB) (Entered: 07/19/2023)
07/19/2023 40 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of PRELIMINARY INJUNCTION HEARING proceedings held on 07/14/2023 before Judge DAVID G. CAMPBELL. [Court Reporter: Elaine Cropper, RDR, CRR, CCP, Telephone number (602) 322-7245]. The ordering party receives the transcript directly from the Court Reporter. Therefore, transcripts should not be viewed through Pacer. A non-ordering party may view a transcript at the court's public terminal or purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through Pacer. Redaction Request due 8/14/2023. Redacted Transcript Deadline set for 8/24/2023. Release of Transcript Restriction set for 10/23/2023. (RAP) (Entered: 07/24/2023)
07/28/2023 41 MOTION to Compel Arbitration by Isagenix International LLC. (Attachments: # 1 Attachment Attachment - Declaration of Cassy Readette, # 2 Exhibit Exhibits 1-7 to Declaration of Cassy Readette, # 3 Proposed Order Proposed Order)(Halaby, Andrew) (Entered: 07/28/2023)
08/02/2023 42 *SURETY BOND in the amount of $1,500,000.00 posted by Jay Bennett, Siv Bennett, and Kesha Marketing Incorporated re: 36 Preliminary Injunction. Bond Number: 3511189. (Wellman, Scott) *Modified to correct docket text on 8/2/2023 (NKS). (Entered: 08/02/2023)