Arata
Arata v. Nu Skin International, Inc.
Opinion
Lead Opinion
Sneed, J.
Defendant-appellant Clara McDermott appeals the district court’s denial of her motion to enforce the settlement agreement entered into between the settlement class, represented by Patricia Arata, and defendants Nu Skin International, Inc. (“Nu Skin”), Blake M. Roney, Keith Halls, Steven J. Lund, and Clara McDermott in the underlying class action. McDermott contends, first, that the district court erred in terminating its jurisdiction to enforce the settlement agreement; and second, that the claims subsequently filed against her by Don Lasko in the United States District Court for the Southern District of Texas are precluded by the terms of the Arata settlement agreement. Because we affirm the district court’s decision to ter- *1267 mínate its continuing jurisdiction, we do not reach McDermott’s second contention.
I.
FACTUAL & PROCEDURAL BACKGROUND
Nu Skin is a Utah-based network marketing organization that sells skin care, hair care, and nutritional products through independent distributors. These individuals under Nu Skin’s plan make an initial investment to acquire a distributorship and inventory. They profit both by selling the products and by recruiting new distributors…