Herbalife “Circle of Success” distributor case reopened
The “Circle of Success” event class-action filed in Florida has been reopened.
We’ve also got some updates on you on split proceedings taking place in California.
The “Circle of Success” class-action was filed against Herbalife and several distributors back in September 2017.
Through a proposed class-action, the Plaintiffs seek
recovery from a corrupt organization of individuals and entities who act together, using misrepresentation and deceit, to sell access to a series of emotionally manipulative live events.
In August 2018 the case was split between Florida and California.
The Plaintiffs were permitted to continue litigation against individual defendants (Herbalife distributors) in Florida. Claims against Herbalife itself were transferred to California.
The decision was appealed, which resulted in a stay order pending the outcome of the appeal.
On August 27th, 2020, the venue split order was upheld.
The Florida case was reopened on October 5th. A trial has been tentatively scheduled for March 14th, 2022.
The same day the case was opened it was also referred to mediation. A fifty-nine page amended complaint was filed on October 23rd.
Mediation takes time to play out so we’ll continue to monitor the Florida case docket for updates.
Meanwhile in California, Herbalife’s filed Motion to Dismiss was heard on February 24th and taken under submission. No order has been made yet.
An August 19th Joint Report on Settlement reveals insight into mediation efforts between the parties.
On August 17, 2020, Plaintiffs and Herbalife attended mediation … the parties reached an impasse.
A Post Mediation Status Conference was held on August 31st, during which rulings on outstanding motions came up.
As per minutes of the conference, a decision on Herbalife’s Motion to Dismiss and the Plaintiff’s Motion for Class Certification are expected by November 2nd.
Both parties’ counsel have stated that ‘decisions on those motions would facilitate further discussions’ with respect to a settlement.
I’ve added the California case docket to our calendar so I’ll be tracking it more closely going forward.
Pending a decision on the aforementioned motions, I’ve scheduled my next case docket check for next Tuesday (November 3rd).
Update 1st July 2021 – This is from a June 2nd “Joint Status Report Regarding Mediation”:
On May 27, 2021, the parties conducted an in-person mediation …
No resolution was reached on May 27, although the parties are continuing mediation discussions through Judge Otero, which the parties expect may continue for several weeks.
With respect to the outstanding motion to dismiss, a hearing was held on June 29th. There’s no accompanying order yet.
I haven’t seen anything regarding class-certification. I figure a decision might be tied to the outcome of mediation.
Update 4th February 2022 – The Florida “Circle of Success” class-action has been stayed, pending filing of a settlement between the parties in the California case.
The parties have requested a stay of this action, pending final approval of a class-wide settlement of the related class action pending in the Central District of California.
The parties state that they have reached a settlement in principle, and will shortly be moving for preliminary approval of a class action settlement.
That was from a stay order issued on January 6th.
As settlement filing has yet to be made in the California case. I’ll continue to monitor the docket for updates.