Derma Pen, LLC v. 4everyoung Ltd.
Decision Date | 26 February 2015 |
Docket Number | Case No.: 2:13-CV-00729-DN-EJF |
Parties | DERMA PEN, LLC, Plaintiff, v. 4EVERYOUNG LIMITED d/b/a DERMAPENWORLD, BIOSOFT (AUST) PTY LTD d/b/a DERMAPENWORLD, EQUIPMED INTERNATIONAL PTY LTD d/b/a DERMAPENWORLD, and STENE MARSHALL d/b/a DERMAPENWORLD, Defendants. 4EVERYOUNG LTD. and EQUIPMED INTERNATIONAL PTY. LTD., Counterclaim Plaintiffs, v. DERMA PEN, LLC, MICHAEL E. ANDERER, JEREMY JONES, MICHAEL J. MORGAN, CHAD MILTON, MEDMETICS, LLC, a Delaware limited liability company, and JOHN DOES 1-25, Counterclaim Defendants. |
Court | U.S. District Court — District of Utah |
CORRECTED*
Magistrate Judge Evelyn J. Furse This order resolves issues in 4EverYoung Limited's ("4EverYoung") Motion for Temporary Restraining Order and Preliminary Injunction against Michael E. Anderer1 ("Motion for Preliminary Injunction") and Michael E. Anderer's Motion to Vacate TRO and Memorandum in Opposition to Motion for Preliminary Injunction Against Michael E. Anderer ("Motion to Vacate")2. Counsel have been extraordinarily diligent and cooperative in working through an arduous schedule, often on short notice. Hearings related to these motions were held on the following dates:
January 29, 20153
February 4, 20154
February 9, 20155
February 11, 20156
February 12, 20157
February 18, 20158
February 19, 20159
Testimony was received from John Udy, Stene Marshall, Michael Morgan, Jeremy Jones, Casey Isom, Katie Allen, and Michael Anderer. Deposition testimony was admitted for Michael Anderer11 and Elliott Milstein.12 Over 100 exhibits were received.
Orders relating to this motion were previously entered.13 In preparation for final argument on the motion, the parties submitted proposed findings of fact and conclusions of law14 which have been very valuable in focusing issues.
This motion deals with the emerging stages of the latest battle related to 4EverYoung's contractual right to purchase a trademark and domain name from Derma Pen. This order determines that 4EverYoung is entitled to a preliminary injunction to restrain Michael Anderer, a former board member, current member, person of major influence, and sole contributor of funds in Derma Pen from taking extra-judicial and state judicial action to defeat a principal object of this litigation.
The litigation scenario is complex. This case has been pending about 18 months. But it has been to the Tenth Circuit twice15 and was suspended from August to December 2014 because Derma Pen filed bankruptcy in Delaware.16 That bankruptcy was dismissed as not being filed in good faith but as a litigation tactic.17 Most recently, the Trademark and Domain Name are subject of a public UCC sale by Anderer and part of Anderer's pending execution levy on all of Derma Pen's assets in Utah State Court.
FINDINGS OF FACT18
The Parties
4EverYoung
4EverYoung LTD ("4EverYoung") is a private limited liability company organized under United Kingdom law, with its principal place of business in London.19
Stene Marshall ("Marshall")...
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