Jeunesse: Regulatory disclosure will cause “irreparable harm”
One of the major deterrents against MLM litigation is discovery.
Closet skeletons are abundant in this industry, with it only taking a few queries from “someone in the know” to potentially destroy a company or budding career.
One MLM company currently fighting to keep its skeletons tightly locked up is Jeunesse.
As part of the lawsuit Juenesse filed against former President Darren Jensen back in January, Jensen is entitled to discovery.
Juenesse has objected to five of Jensen’s discovery requests. The requests are quite targeted and, by all appearances, Jeunesse is terrified of the information potentially being made public.
Discovery request number 11 by Jensen requests Jeuenesse hand over
all communications, correspondence, and documents concerning any legal and/or regulatory issues that you have encountered in connection with your operations (or attempted operations) in the following foreign markets: China, Latin America (including Columbia, Peru, Chile, Mexico, Brazil, Panama and Costa Rica), France, and the Dominican Republic.
Jeunesse has objected to the regulatory disclosure request, on the grounds it
seeks confidential, proprietary and trade secret documents that are entirely unrelated to this litigation, and that are protected by attorney-client privileges documents.
(Jeunesse) would be irreparably harmed by having to produce such information that is entirely irrelevant to the pending litigation, to the President and CEO of a direct competitor.
How Jeunesse would be harmed by disclosing regulatory and/or legal issues in various markets is unclear. The company itself offers up no explanation.
Request number 12 by Jensen would require Jeunesse to
produce all communications, correspondence, and documents concerning your attempts to ship, smuggle, sell “under water,” or “expedite” any of your products into China, Latin America (including Columbia, Peru, Chile, Mexico, Brazil, Panama and Costa Rica), France, and/or the Dominican Republic, whether in circumvention of applicable permitting procedures and/or required approvals or not.
Jeunesse again infer that providing this information would cause “irreparable harm”.
Jeunesse copy and pasted this response to two more discovery requests by Jensen, covering
- all communications, correspondence, and documents concerning (Jeunesse’s) attempts to enter the following foreign markets, including entering in an “under water” or “expedited” model: China, Latin America (including Columbia, Peru, Chile, Mexico, Brazil, Panama and Costa Rica), France, and the Dominican Republic and
- all communications, correspondence, and documents concerning your Chinese Multi-Level Marketing License
Discovery on Jeunesse’s termination of Matthew Nestler is also sought. Jeunesse don’t claim this information would cause them irreparable harm, but still object on the grounds the ‘request is not relevant and will not lead to the discovery of any admissible evidence‘.
Jeunesse is seeking
a protective order with respect to Document Requests 11 through 15 because they are not relevant to any valid claim or defense in the litigation.
A Judge has yet to rule on the matter, but in the meantime you’ve got to wonder what Jeunesse are hiding.
Darren Jensen was President of Jeunesse from June 2014 to May 2015, just shy of a year. Some of the terminology he’s used in his discovery requests is certainly revealing.
What international regulatory issues has Jeunesse run into that they are worried about publicly disclosing?
Has Juenesse been smuggling products into countries they’re not legally permitted to ship product into?
Is Jeunesse’s Chinese direct selling license above-board?
While the reasons for Jensen’s discovery requests have not been disclosed, you’ve got to wonder what it is he knows that we don’t…