Wakaya Perfection v. Youngevity International

Federal Civil Lawsuit Utah District Court, Case No. 2:16-cv-00315
Magistrate Judge David Nuffer, presiding
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Magistrate Judge David Nuffer
Last Updated July 30, 2025 at 1:06 AM EDT (5.8 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Andre Vaugh, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James L. Ahlstrom
Space Jonathan O. Hafen
Space Jeffrey J. Hunt
Space Cynthia D. Love
Space D.J. Poyfair
Space Michael Sanderson
Space Jonathan R. Schofield

Represented by #

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED D.J. Poyfair +1 801 981 8281 djpoyfair@rprlaw.net

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James Logan Ahlstrom +1 801 532 7840
ATTORNEY TO BE NOTICED Michael S. Anderson +1 801 532 7840 manderson@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan O. Hafen +1 801 532 7840 jhafen@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey J. Hunt +1 801 532 7840 jhunt@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Cynthia Love +1 801 532 7840 +1 801 532 7750 clove@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan R. Schofield +1 801 532 7840 jschofield@parrbrown.com
No Logo Barb Pitcock, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James L. Ahlstrom
Space Jonathan O. Hafen
Space Jeffrey J. Hunt
Space Cynthia D. Love
Space D.J. Poyfair
Space Michael Sanderson
Space Jonathan R. Schofield

Represented by #

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED D.J. Poyfair +1 801 981 8281 djpoyfair@rprlaw.net

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James Logan Ahlstrom +1 801 532 7840
ATTORNEY TO BE NOTICED Michael S. Anderson +1 801 532 7840 manderson@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan O. Hafen +1 801 532 7840 jhafen@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey J. Hunt +1 801 532 7840 jhunt@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Cynthia Love +1 801 532 7840 +1 801 532 7750 clove@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan R. Schofield +1 801 532 7840 jschofield@parrbrown.com
No Logo Blake Graham, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James L. Ahlstrom
Space Jonathan O. Hafen
Space Jeffrey J. Hunt
Space Cynthia D. Love
Space D.J. Poyfair
Space Michael Sanderson
Space Jonathan R. Schofield

Represented by #

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED D.J. Poyfair +1 801 981 8281 djpoyfair@rprlaw.net

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James Logan Ahlstrom +1 801 532 7840
ATTORNEY TO BE NOTICED Michael S. Anderson +1 801 532 7840 manderson@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan O. Hafen +1 801 532 7840 jhafen@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey J. Hunt +1 801 532 7840 jhunt@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Cynthia Love +1 801 532 7840 +1 801 532 7750 clove@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan R. Schofield +1 801 532 7840 jschofield@parrbrown.com
No Logo Dave Pitcock, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James L. Ahlstrom
Space Jonathan O. Hafen
Space Jeffrey J. Hunt
Space Cynthia D. Love
Space D.J. Poyfair
Space Michael Sanderson
Space Jonathan R. Schofield

Represented by #

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED D.J. Poyfair +1 801 981 8281 djpoyfair@rprlaw.net

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James Logan Ahlstrom +1 801 532 7840
ATTORNEY TO BE NOTICED Michael S. Anderson +1 801 532 7840 manderson@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan O. Hafen +1 801 532 7840 jhafen@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey J. Hunt +1 801 532 7840 jhunt@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Cynthia Love +1 801 532 7840 +1 801 532 7750 clove@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan R. Schofield +1 801 532 7840 jschofield@parrbrown.com
No Logo Todd Smith, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James L. Ahlstrom
Space Jonathan O. Hafen
Space Jeffrey J. Hunt
Space Cynthia D. Love
Space D.J. Poyfair
Space Michael Sanderson
Space Jonathan R. Schofield

Represented by #

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED D.J. Poyfair +1 801 981 8281 djpoyfair@rprlaw.net

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James Logan Ahlstrom +1 801 532 7840
ATTORNEY TO BE NOTICED Michael S. Anderson +1 801 532 7840 manderson@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan O. Hafen +1 801 532 7840 jhafen@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey J. Hunt +1 801 532 7840 jhunt@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Cynthia Love +1 801 532 7840 +1 801 532 7750 clove@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan R. Schofield +1 801 532 7840 jschofield@parrbrown.com
No Logo Total Nutrition, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space James L. Ahlstrom
Space Jonathan O. Hafen
Space Jeffrey J. Hunt
Space Cynthia D. Love
Space D.J. Poyfair
Space Michael Sanderson
Space Jonathan R. Schofield

Represented by #

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED D.J. Poyfair +1 801 981 8281 djpoyfair@rprlaw.net

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED James Logan Ahlstrom +1 801 532 7840
ATTORNEY TO BE NOTICED Michael S. Anderson +1 801 532 7840 manderson@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan O. Hafen +1 801 532 7840 jhafen@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey J. Hunt +1 801 532 7840 jhunt@parrbrown.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Cynthia Love +1 801 532 7840 +1 801 532 7750 clove@parrbrown.com
ATTORNEY TO BE NOTICED Jonathan R. Schofield +1 801 532 7840 jschofield@parrbrown.com
No Logo Wakaya Perfection, Plaintiff

Represented by #

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED D.J. Poyfair +1 801 981 8281 djpoyfair@rprlaw.net

Represented by PARR BROWN GEE & LOVELESS

Name Phone Fax E-Mail
Space James L. Ahlstrom jahlstrom@parrbrown.com
ATTORNEY TO BE NOTICED James Logan Ahlstrom +1 801 532 7840
ATTORNEY TO BE NOTICED Michael S. Anderson +1 801 532 7840 manderson@parrbrown.com
Space Michael S. Anderson +1 801 532 7840
ATTORNEY TO BE NOTICED Jonathan O. Hafen +1 801 532 7840 jhafen@parrbrown.com
Space Jonathan O. Hafen +1 801 532 7840
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jeffrey J. Hunt +1 801 532 7840 jhunt@parrbrown.com
Space Jeffrey J. Hunt +1 801 532 7840
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Cynthia Love +1 801 532 7840 +1 801 532 7750 clove@parrbrown.com
Space Cynthia D. Love clove@parrbrown.com
Space Jonathan R. Schofield +1 801 532 7840
ATTORNEY TO BE NOTICED Jonathan R. Schofield +1 801 532 7840 jschofield@parrbrown.com

Represented by REESE POYFAIR & RICHARDS PLLC

Name Phone Fax E-Mail
Space D.J. Poyfair djpoyfair@rprlaw.net
v.
No Logo Dave Briskie, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Peter A. Arhangelsky
Space Eric J. Awerbuch
Space Martin R. Denney +1 801 540 1814 mrdenneylaw@gmail.com
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin R. Denney +1 801 540 1814 mrdenneylaw@gmail.com
Space Jonathan W Emord
Space Benjamin P. Harmon ben.harmon@imail.org

Represented by EMORD & ASSOCIATES PC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Peter A. Arhangelsky +1 202 466 6937 +1 202 466 6938 parhangelsky@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Eric J Awerbuch +1 602 388 8899 +1 602 393 4361 eawerbuch@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jonathan W. Emord +1 202 466 6937 +1 202 466 6938 jemord@emord.com

Represented by Salt Lake City, Ut. 84111

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Benjamin P. Harmon +1 801 442 3811 ben.harmon@imail.org
No Logo Michele Wallach, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Peter A. Arhangelsky
Space Eric J. Awerbuch
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin R. Denney +1 801 540 1814 mrdenneylaw@gmail.com
Space Martin R. Denney +1 801 540 1814 mrdenneylaw@gmail.com
Space Jonathan W Emord
Space Benjamin P. Harmon ben.harmon@imail.org

Represented by EMORD & ASSOCIATES PC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Peter A. Arhangelsky +1 202 466 6937 +1 202 466 6938 parhangelsky@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Eric J Awerbuch +1 602 388 8899 +1 602 393 4361 eawerbuch@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jonathan W. Emord +1 202 466 6937 +1 202 466 6938 jemord@emord.com

Represented by Salt Lake City, Ut. 84111

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Benjamin P. Harmon +1 801 442 3811 ben.harmon@imail.org
No Logo Steve Wallach, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space Peter A. Arhangelsky
Space Eric J. Awerbuch
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin R. Denney +1 801 540 1814 mrdenneylaw@gmail.com
Space Martin R. Denney +1 801 540 1814 mrdenneylaw@gmail.com
Space Jonathan W Emord
Space Benjamin P. Harmon ben.harmon@imail.org

Represented by EMORD & ASSOCIATES PC

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Peter A. Arhangelsky +1 202 466 6937 +1 202 466 6938 parhangelsky@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Eric J Awerbuch +1 602 388 8899 +1 602 393 4361 eawerbuch@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jonathan W. Emord +1 202 466 6937 +1 202 466 6938 jemord@emord.com

Represented by Salt Lake City, Ut. 84111

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Benjamin P. Harmon +1 801 442 3811 ben.harmon@imail.org
No Logo Youngevity International, Defendant

Represented by Unknown Firm

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Martin R. Denney +1 801 540 1814 mrdenneylaw@gmail.com
Space Benjamin P. Harmon ben.harmon@imail.org

Represented by EMORD & ASSOCIATES PC

Name Phone Fax E-Mail
Space Peter A. Arhangelsky +1 202 466 6937 +1 202 466 6938 parhangelsky@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Peter A. Arhangelsky +1 202 466 6937 +1 202 466 6938 parhangelsky@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Eric J Awerbuch +1 602 388 8899 +1 602 393 4361 eawerbuch@emord.com
Space Jonathan W. Emord +1 202 466 6937 +1 202 466 6938 jemord@emord.com
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Jonathan W. Emord +1 202 466 6937 +1 202 466 6938 jemord@emord.com

Represented by Intermountain Healthcare

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Benjamin P. Harmon +1 801 442 3811 ben.harmon@imail.org

Represented by THE DENNEY LAW FIRM PLLC

Name Phone Fax E-Mail
Space Martin R. Denney mrdenneylaw@gmail.com
Attributes
Citation Section 28 U.S.C. § 1441
Nature of Suit 190 - Contract: Other Contract Actions
Jurisdiction Diversity
Case Status closed
Jury Demand Both
Monetary Demand $300,000
Timeline
  Entries (63) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 62 Filed: 4/28/2020, Entered: 4/28/2020 Court Filing
JUDGMENT: Plaintiffs' complaint and this action are dismissed with prejudice, this dismissal is intended to have no preclusive effect on Plaintiffs' causes of action in Youngevity International, et al. v. Smith, et al., 3:16cv704 (S.D. Cal.) - CASE CLOSED. Signed by Judge David Nuffer on 4/28/20 (alt)
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Legal Document (Payment Possibly Required) 61 Filed: 4/28/2020, Entered: 4/28/2020 Court Filing
ORDER granting 59 Motion to Dismiss: the court abstains from hearing this action in favor of the California case. Signed by Judge David Nuffer on 4/28/20 (alt)
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Legal Document (Payment Possibly Required) 60 Filed: 4/23/2020, Entered: 4/23/2020
REQUEST to Submit for Decision re 59 MOTION to Dismiss filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Emord, Jonathan)
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Legal Document (Payment Possibly Required) 59 Filed: 3/11/2020, Entered: 3/11/2020
MOTION to Dismiss and Memorandum in Support filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Attachments: # 1 Exhibit A - Order Denying Motion to Transfer)(Emord, Jonathan)
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Legal Document (Payment Possibly Required) 58 Filed: 5/13/2019, Entered: 5/13/2019
DOCUMENT LODGED consisting of paper received from non-party styled as a motion with this case number on it, however the parties indicated don't match the parties/party roles in this case. Note: attached document lodged for reference purposes only; no response required unless specifically ordered by the court. (alt)
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Legal Document (Payment Possibly Required) 57 Filed: 2/28/2019, Entered: 2/28/2019 Court Filing
MEMORANDUM DECISION AND ORDER granting 46 Motion to Stay pending further action in the parallel California case, Youngevity et al. v. Todd Smith et al. IT IS FURTHER ORDERED 52 Motion to Amend is taken under advisement during the stay. If the stay is lifted, the Motion to Amend will be determined at that time. Signed by Judge David Nuffer on 2/28/2019. (jds)
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Blank 56 Filed: 2/26/2019, Entered: 2/26/2019 Court Filing
Minute Order. Proceedings held before Judge David Nuffer: Counsel present for parties. Discussion heard on the pending motion to stay. Counsel answered questions posed by the court. Matter taken under advisement. Court adjourned.taking under advisement 46 Motion to Stay ; Motion Hearing held on 2/26/2019 re 46 MOTION to Stay or, in the Alternative, to Dismiss filed by Youngevity International, Dave Briskie, Michele Wallach, Steve Wallach. Written Order to follow oral order: Yes. Attorney for Plaintiff: Jonathan Schofield, Stephen Mouritsen, Attorney for Defendant Peter Arhangelsky, Eric Awerbuch. Court Reporter: Patti Walker.(Time Start: 1:30, Time End: 2:07, Room 7.300.) (asb)
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Legal Document (Payment Possibly Required) 55 Filed: 2/21/2019, Entered: 2/21/2019
REPLY to Response to Motion re 52 MOTION for Leave to File Proposed Third Amended Complaint and Memorandum in Support filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Schofield, Jonathan)
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Legal Document (Payment Possibly Required) 54 Filed: 2/15/2019, Entered: 2/15/2019
Defendant's RESPONSE to Motion re 52 MOTION for Leave to File Proposed Third Amended Complaint and Memorandum in Support filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Emord, Jonathan)
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Blank 53 Filed: 2/12/2019, Entered: 2/12/2019 Court Filing
DOCKET TEXT ORDER taking under advisement Plaintiff's 52 Motion for Leave to Amend. IT IS HEREBY ORDERED that any response to the motion shall be filed on or before Friday, February 15, 2019; and any reply shall be filed on or before Thursday, February 21, 2019. The response and reply should address how Plaintiff's 52 Motion impacts Defendant's 46 Motion to Stay and/or Dismiss. A copy of any document not electronically filed shall be served via email on opposing counsel and emailed to dj.nuffer@utd.uscourts.gov.NOTICE OF HEARING Oral argument on Plaintiffs' 52 Motion for Leave to Amend shall be heard on Tuesday, 2/26/2019 at 01:30 PM in Rm 7.300 before Judge David Nuffer, along with Defendant's 46 Motion to Stay and/or Dismiss. Signed by Judge David Nuffer on 2/12/19. No attached document. (hjt)
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Legal Document (Payment Possibly Required) 52 Filed: 2/7/2019, Entered: 2/7/2019
MOTION for Leave to File Proposed Third Amended Complaint and Memorandum in Support filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Attachments: # 1 Exhibit A - Proposed Third Amended Complaint)(Schofield, Jonathan)
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Legal Document (Payment Possibly Required) 51 Filed: 1/30/2019, Entered: 1/30/2019
REPLY to Response to Motion re 46 MOTION to Stay or, in the Alternative, to Dismiss filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Emord, Jonathan)
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Blank 50 Filed: 1/22/2019, Entered: 1/22/2019 Court Filing
Minute Entry for proceedings held before Judge David Nuffer: Telephone Conference held on 1/22/2019, Set Deadlines/Hearing as to 46 MOTION to Stay or, in the Alternative, to Dismiss Counsel present via telephone conference. Discussion heard on the status of the case. Mr. Hafen stated his client requests leave to file an amended complaint, which would make the motion to stay/dismiss premature. The CA case has pending dispositive motions and a pending interlocutory appeal at the 9th Circuit. Once the motions are decided and appeal complete, the plaintiff would likely move to transfer the CA case to UT. Mr. Awerbuch responded that he believes this case is premature to proceed until the CA case has concluded or transferred. Court stated that it would like to proceed with decision on the motion to stay/dismiss. Motion Hearing set for Tuesday, 2/26/2019 at 01:30 PM in Rm 7.300 before Judge David Nuffer.Court adjourned. Attorney for Plaintiff: Jonathan Hafen, Cynthia Love, Attorney for Defendant: Eric Awerbuch. Court Reporter: Kelly Hicken.(Time Start: 1:32, Time End: 1:46, Room 7.300.)(asb)
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Legal Document (Payment Possibly Required) 49 Filed: 1/18/2019, Entered: 1/18/2019
MEMORANDUM in Opposition re 46 MOTION to Stay or, in the Alternative, to Dismiss filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Love, Cynthia)
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Blank 48 Filed: 1/16/2019, Entered: 1/16/2019 Court Filing
AMENDED NOTICE OF HEARING: Telephonic Status Conference set for Tuesday, 1/22/2019 at 01:30 PM in R before Judge David Nuffer. (Amended to remove a location. The hearing will be conducted by telephone conference. Court previously emailed counsel with the conference call information, which remains the same.) (asb)
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Blank 47 Filed: 1/15/2019, Entered: 1/15/2019 Court Filing
NOTICE OF HEARING: Telephonic Status Conference set for Tuesday, 1/22/2019 at 01:30 PM in Room 2B (St George) before Judge David Nuffer. Court will email counsel of record with telephone conference call information. (asb)
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Legal Document (Payment Possibly Required) 46 Filed: 1/4/2019, Entered: 1/4/2019
MOTION to Stay or, in the Alternative, to Dismiss filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Attachments: # 1 Exhibit A - Declaration of Eric Awerbuch, # 2 Exhibit B - Wakaya Depo. Tr. Excerpt, # 3 Exhibit C - Comparison Chart)(Emord, Jonathan)
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Legal Document (Payment Possibly Required) 45 Filed: 1/4/2019, Entered: 1/4/2019
REQUEST for Status Conference filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Love, Cynthia)
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Legal Document (Payment Possibly Required) 44 Filed: 1/3/2019, Entered: 1/3/2019
MANDATE of USCA as to 40 Notice of Appeal: According to the USCA, the Judgment of the USDC for the Dist of UT is Reversed and Remanded for further proceedings. Judgment included with mandate: Yes. Case Reopened. (Attachments: # 1 USCA Judgment, # 2 Mandate Cover Letter) (alt)
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Legal Document (Payment Possibly Required) 43 Filed: 12/26/2017, Entered: 12/26/2017
Please be advised the Record is complete for purposes of appeal for USCA case number 17-4178 re 40 Notice of Appeal (alt)
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Legal Document (Payment Possibly Required) 42 Filed: 11/13/2017, Entered: 11/13/2017
USCA Case Number Case Appealed to Tenth Case Number 17-4178 for 40 Notice of Appeal, filed by Wakaya Perfection, Andre Vaugh, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Blake Graham. (jmr)
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Legal Document (Payment Possibly Required) 41 Filed: 11/13/2017, Entered: 11/13/2017
Transmission of Preliminary Record to USCA re 40 Notice of Appeal (Attachments: # 1 Appendix) (alt)
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Legal Document (Payment Possibly Required) 40 Filed: 11/9/2017, Entered: 11/9/2017
NOTICE OF APPEAL as to 38 Order on Motion to Dismiss, Order on Motion for Leave to File, Order on Motion to Compel, Memorandum Decision, 39 Judgment filed by Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. Appeals to the USCA for the 10th Circuit. Filing fee $ 505, receipt number 1088-2879903. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Love, Cynthia)
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Legal Document (Payment Possibly Required) 39 Filed: 11/8/2017, Entered: 11/8/2017 Court Filing
JUDGMENT: Plaintiffs' action is dismissed without prejudice - CASE CLOSED. Signed by Judge David Nuffer on 11/8/17 (alt)
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Legal Document (Payment Possibly Required) 38 Filed: 11/7/2017, Entered: 11/7/2017 Court Filing
MEMORANDUM DECISION AND ORDER granting 20 Motion to Dismiss; terminating 27 Motion for Leave to File. Signed by Judge David Nuffer on 11/7/17 (alt)
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Legal Document (Payment Possibly Required) 37 Filed: 2/1/2017, Entered: 2/1/2017
NOTICE of Appearance by Martin R. Denney on behalf of All Defendants (Denney, Martin)
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Legal Document (Payment Possibly Required) 36 Filed: 7/5/2016, Entered: 7/5/2016
REQUEST to Submit for Decision re 27 MOTION for Leave to File Second Amended Complaint and Memorandum in Support , 20 MOTION to Dismiss, MOTION to Compel Arbitration filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Love, Cynthia)
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Legal Document (Payment Possibly Required) 35 Filed: 7/5/2016, Entered: 7/5/2016
REPLY to Response to Motion re 27 MOTION for Leave to File Second Amended Complaint and Memorandum in Support filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Love, Cynthia)
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Legal Document (Payment Possibly Required) 34 Filed: 6/15/2016, Entered: 6/15/2016
MEMORANDUM in Opposition re 27 MOTION for Leave to File Second Amended Complaint and Memorandum in Support filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Attachments: # 1 Exhibit Exhibit A - Youngevity's Operative California Complaint)(Emord, Jonathan)
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Legal Document (Payment Possibly Required) 33 Filed: 6/13/2016, Entered: 6/13/2016 Court Filing
ORDER granting 31 Motion for Extension of Time. Signed by Judge David Nuffer on 6/13/16 (alt)
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Blank  Filed: 6/13/2016, Entered: 6/13/2016
Modification of Docket re 20 MOTION to Dismiss, MOTION to Compel Arbitration. Error: Motion requesting 2 possible reliefs was filed with only one relief selected. Correction: Second relief, "Compel", has been added to the entry and incorrectly-added text removed. (alt)
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Legal Document (Payment Possibly Required) 32 Filed: 6/10/2016, Entered: 6/10/2016
REPLY to Response to Motion re 20 Defendant's MOTION to Dismiss and Memorandum in Support and/or Compel Arbitration filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Attachments: # 1 Exhibit A)(Emord, Jonathan)
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Legal Document (Payment Possibly Required) 31 Filed: 6/8/2016, Entered: 6/8/2016
Stipulated MOTION for Extension of Time to File Opposition to Motion for Leave to Amend filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Attachments: # 1 Text of Proposed Order)(Emord, Jonathan)
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Legal Document (Payment Possibly Required) 30 Filed: 6/7/2016, Entered: 6/7/2016
NOTICE of Appearance by Cynthia D. Love on behalf of All Plaintiffs (Love, Cynthia)
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Legal Document (Payment Possibly Required) 29 Filed: 6/1/2016, Entered: 6/1/2016 Court Filing
ORDER OF RECUSAL - Judge David Sam recused. Case reassigned to Judge David Nuffer for all further proceedings. Signed by Judge David Sam on 6/1/16. (jmr)
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Legal Document (Payment Possibly Required) 28 Filed: 5/27/2016, Entered: 5/27/2016
NOTICE of Appearance by Michael S. Anderson on behalf of Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection (Anderson, Michael)
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Legal Document (Payment Possibly Required) 27 Filed: 5/26/2016, Entered: 5/26/2016
MOTION for Leave to File Second Amended Complaint and Memorandum in Support filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Attachments: # 1 Exhibit A - Proposed Second Amended Complaint)(Schofield, Jonathan)
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Legal Document (Payment Possibly Required) 26 Filed: 5/26/2016, Entered: 5/26/2016
MEMORANDUM in Opposition re 20 Defendant's MOTION to Dismiss and Memorandum in Support and/or Compel Arbitration filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Attachments: # 1 Appendix of Exhibits to Opposition Memorandum, # 2 Exhibit 1 - Youngevity's Utah Business Application, # 3 Exhibit 2 - Youngevity Official Contact Information, # 4 Exhibit 3 - Youngevity Press Release for Heritage Makers Acquisition, # 5 Exhibit 4 - Youngevity Press Release for Bearnson Partnership, # 6 Exhibit 5 - Youngevity Press Release for Social Platform, # 7 Exhibit 6 - Youngevity Press Release for Cloward Appointment, # 8 Exhibit 7 - Declaration of Todd Smith, # 9 Exhibit 8 - Youngevity Convention Webpage, # 10 Exhibit 9 - Youngevity Board of Directors, # 11 Exhibit 10 - Declaration of Blake Graham)(Schofield, Jonathan)
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Legal Document (Payment Possibly Required) 25 Filed: 5/25/2016, Entered: 5/25/2016 Court Filing
ORDER granting 24 Motion for Extension of Time to File Response/Reply re 24 Stipulated MOTION for Extension of Time to File Response/Reply as to 20 Defendant's MOTION to Dismiss and Memorandum in Support and/or Compel Arbitration and Memorandum in Support . Responses due by 5/26/2016. Signed by Judge David Sam on 5/25/16. (jmr)
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Legal Document (Payment Possibly Required) 24 Filed: 5/23/2016, Entered: 5/23/2016
Stipulated MOTION for Extension of Time to File Response/Reply as to 20 Defendant's MOTION to Dismiss and Memorandum in Support and/or Compel Arbitration and Memorandum in Support filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Attachments: # 1 Text of Proposed Order Granting Extension)(Schofield, Jonathan)
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Legal Document (Payment Possibly Required) 23 Filed: 5/5/2016, Entered: 5/5/2016 Court Filing
ORDER granting 21 Motion for Admission Pro Hac Vice of Darwin Poyfair for Blake Graham,Darwin Poyfair for Barb Pitcock,Darwin Poyfair for Dave Pitcock,Darwin Poyfair for Todd Smith,Darwin Poyfair for Total Nutrition,Darwin Poyfair for Andre Vaugh,Darwin Poyfair for Wakaya Perfection. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge David Sam on 5/4/16. (jmr)
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Legal Document (Payment Possibly Required) 22 Filed: 4/28/2016, Entered: 4/28/2016
NOTICE of of Withdrawal of Plaintiffs' Motion for Temporary Restraining Order by Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection re 8 MOTION for Temporary Restraining Order (Schofield, Jonathan)
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Legal Document (Payment Possibly Required) 21 Filed: 4/25/2016, Entered: 4/25/2016
MOTION for Admission Pro Hac Vice of Darwin Poyfair , Registration fee $ 250, receipt number 1088-2486181, filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Attachments: # 1 Exhibit A - Application for Admission Pro Hac Vice, # 2 Exhibit B - Electronic Case Filing Registration Form, # 3 Text of Proposed Order Order)(Schofield, Jonathan)
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Legal Document (Payment Possibly Required) 20 Filed: 4/21/2016, Entered: 4/21/2016
Defendant's MOTION to Dismiss, and/or MOTION to Compel Arbitration and Memorandum in Support filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(Denney, Martin). Added MOTION to Compel and removed incorrectly-added text on 6/13/2016 (alt)
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Legal Document (Payment Possibly Required) 19 Filed: 4/21/2016, Entered: 4/21/2016 Court Filing
ORDER granting 14 Motion for Admission Pro Hac Vice of Eric J. Awerbuch for Dave Briskie,Eric J. Awerbuch for Michele Wallach,Eric J. Awerbuch for Steve Wallach,Eric J. Awerbuch for Youngevity International. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge David Sam on 4/21/16. (jmr)
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Legal Document (Payment Possibly Required) 18 Filed: 4/21/2016, Entered: 4/21/2016 Court Filing
ORDER terminating 11 Motion for Admission Pro Hac Vice of Peter A. Arhangelsky for Dave Briskie,Peter A. Arhangelsky for Michele Wallach,Peter A. Arhangelsky for Steve Wallach,Peter A. Arhangelsky for Youngevity International. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov; granting 13 Motion for Admission Pro Hac Vice of Peter A. Arhangelsky for Dave Briskie,Peter A. Arhangelsky for Michele Wallach,Peter A. Arhangelsky for Steve Wallach,Peter A. Arhangelsky for Youngevity International. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Clark Waddoups on 4/21/16. (jmr)
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Legal Document (Payment Possibly Required) 17 Filed: 4/21/2016, Entered: 4/21/2016 Court Filing
ORDER granting 12 Motion for Admission Pro Hac Vice of Jonathan W. Emord for Dave Briskie,Jonathan W. Emord for Michele Wallach,Jonathan W. Emord for Steve Wallach,Jonathan W. Emord for Youngevity International. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov. Signed by Judge David Sam on 4/21/16. (jmr)
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Legal Document (Payment Possibly Required) 16 Filed: 4/21/2016, Entered: 4/21/2016
File Received from Fourth District Court-Provo (Attachments: # 1 Complaint, # 2 Exhibit A-B to Complaint, # 3 NEF, # 4 Amended Complaint, # 5 Exhibit A-B to Amended Complaint, # 6 NEF, # 7 Notice of Appearance, # 8 Memorandum in Support, # 9 Motion for Temporary Restraining Order, # 10 Proposed Order, # 11 Exhibit 1 to Memorandum, # 12 Exhibit 2 to Memorandum, # 13 Exhibit 3 to Memorandum, # 14 Exhibit 4 to Memorandum, # 15 NEF, # 16 Notice, # 17 Notice re: Notice of Removal, # 18 NEF) (jmr)
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Legal Document (Payment Possibly Required) 15 Filed: 4/20/2016, Entered: 4/20/2016
Defendant's MEMORANDUM in Opposition re 8 MOTION for Temporary Restraining Order filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Denney, Martin)
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Legal Document (Payment Possibly Required) 14 Filed: 4/20/2016, Entered: 4/20/2016
MOTION for Admission Pro Hac Vice of Eric J. Awerbuch , Registration fee $ 250, receipt number 1088-2483744, filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Denney, Martin)
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Legal Document (Payment Possibly Required) 13 Filed: 4/20/2016, Entered: 4/20/2016
MOTION for Admission Pro Hac Vice of Peter A. Arhangelsky , Registration fee $ 250, receipt number 1088-2483736, filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Denney, Martin)
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Legal Document (Payment Possibly Required) 12 Filed: 4/20/2016, Entered: 4/20/2016
MOTION for Admission Pro Hac Vice of Jonathan W. Emord , Registration fee $ 250, receipt number 1088-2483675, filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Denney, Martin)
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Legal Document (Payment Possibly Required) 11 Filed: 4/20/2016, Entered: 4/20/2016
MOTION for Admission Pro Hac Vice of Peter A. Arhangelsky (no registration fee required) filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Denney, Martin)
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Legal Document (Payment Possibly Required) 10 Filed: 4/20/2016, Entered: 4/20/2016
NOTICE OF ADR, e-mailed or mailed to Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International, Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (dla)
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Legal Document (Payment Possibly Required) 9 Filed: 4/20/2016, Entered: 4/20/2016
MEMORANDUM in Support re 8 MOTION for Temporary Restraining Order filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (dla)
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Legal Document (Payment Possibly Required) 8 Filed: 4/19/2016, Entered: 4/20/2016
MOTION for Temporary Restraining Order filed by Plaintiffs Blake Graham, Barb Pitcock, Dave Pitcock, Todd Smith, Total Nutrition, Andre Vaugh, Wakaya Perfection. (Attachments: # 1 Text of Proposed Order)(dla)
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Legal Document (Payment Possibly Required) 7 Filed: 4/19/2016, Entered: 4/19/2016
CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International. (Harmon, Benjamin)
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Legal Document (Payment Possibly Required) 6 Filed: 4/19/2016, Entered: 4/19/2016 Court Filing
Case Reassigned to District Judge per 5 Docket Text Order to reassign case. Case randomly assigned to Judge David Sam. Magistrate Judge Brooke C. Wells no longer assigned to the case. (jwt)
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Legal Document (Payment Possibly Required) 5 Filed: 4/19/2016, Entered: 4/19/2016 Court Filing
DOCKET TEXT ORDER FOR CASE TO BE REASSIGNED. The case has been removed to federal court with a currently pending TRO on the docket. Pursuant to court policy, the filing of a TRO renders this case ineligible for magistrate assignment. Accordingly, the court orders that this case be reassigned to a district judge through random reassignment. Signed by Magistrate Judge Brooke C. Wells on 4/19/2016. (docket text order; no attached document). (rh)
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Legal Document (Payment Possibly Required) 4 Filed: 4/19/2016, Entered: 4/19/2016
Modification of Docket: Error: Counsel filed Notice of Removal using incorrect event. Correction: Docket entry has been modified to disregard entry and counsel has been asked to refile. re 2 Notice (Other),. (dla)
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Legal Document (Payment Possibly Required) 3 Filed: 4/19/2016, Entered: 4/19/2016 Court Filing
NOTICE OF REMOVAL from 4th District Court Utah County, case number 160400431, (Filing fee $ 400, receipt number 1088-2481987) filed by Steve Wallach, Dave Briskie, Youngevity International, Michele Wallach. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) Assigned to Magistrate Judge Brooke C. Wells (Harmon, Benjamin)
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Legal Document (Payment Possibly Required) 2 Filed: 4/19/2016, Entered: 4/19/2016
ENTRY ERROR DISREGARD NOTICE of Removal by Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International (Attachments: # 1 Civil Cover Sheet) (Harmon, Benjamin) Modified by adding error text and striking text on 4/19/2016 (dla).
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Legal Document (Payment Possibly Required) 1 Filed: 4/19/2016, Entered: 4/19/2016 Court Filing
Case has been indexed and assigned to Magistrate Judge Brooke C. Wells. Defendants Dave Briskie, Michele Wallach, Steve Wallach, Youngevity International is directed to E-File the Notice of Removal and cover sheet (found under Complaints and Other Initiating Documents) and pay the filing fee of $ 400.00 by the end of the business day.NOTE: The court will not have jurisdiction until the opening document is electronically filed and the filing fee paid in the CM/ECF system. (dla)
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