DOVEL & LUNER, LLP

Simon Franzini, Cal. Bar #287631*

simon@dovel.com

Gregory S. Dovel, Cal. Bar #135387*

greg@dovel.com

Jonas Jacobson, Cal. Bar #269912*

jonas@dovel.com

201 Santa Monica Blvd., Suite 600

Santa Monica, California 90401

Tel: (310) 656-7066

Fax: (310) 656-7069

(additional counsel listed on next page)

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

LORI WAKEFIELD, individually and 

on behalf of all others similarly 

situated,

 Plaintiff,

 v.

VISALUS, INC.,

a Nevada corporation,

 Defendant.

No. 3:15-cv-01857

Plaintiff’s lay witness list

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 1 of 9
EDELSON PC

Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

Lily E. Hough, SBN #315277*

lhough@edelson.com

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: (415) 212-9300

Fax: (415) 373-9435

FORUM LAW GROUP

Scott F. Kocher, OSB #015088

Stephen J. Voorhees, OSB #150595

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Tel/Fax: (503) 445-2120

* admitted pro hac vice

Attorneys for Plaintiff Wakefield and the Certified Class

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 2 of 9
Plaintiff’s lay witness list 1

I. Live witnesses. 

The following chart identifies the witnesses that Ms. Wakefield and the Certified Class will or may call live. 

Witness

Estimated 

length of 

examination

Summary of testimony Will 

call

May 

call

Shawn Davis, Digital 

Forensics Examiner, Edelson 

PC; 350 North LaSalle 

Street, 14th Fl., Chicago, IL. 

10 minutes Mr. Davis will testify that Plaintiff’s Exhibit 36 is a 

summary of call outcomes listed on marketing campaign 

contact spreadsheets produced by ViSalus and identified 

as such in Mr. Gidley’s April 4, 2018 declaration. Mr. 

Davis will describe how he prepared the summary and 

explain the information contained in the summary.

√

Lance Eves, VP/COO, 

Molalla Communications 

Company

(address not known)

Alternatively: other 

representative of Mollala 

Communications Company. 

20 minutes Mr. Eves will testify that Plaintiff’s Exhibit 2 is an 

authentic copy of the call log for the phone number (503) 

829-7628 for the period of March 1, 2015 to May 31, 

2015. He will testify that the call log is a business record 

of Molalla Communications Company. He will testify 

that two numbers belonging to ViSalus (according to its 

interrogatory response), (248) 764-7514 and (248) 764-

7521, appear on the call log for five incoming calls. He 

will testify as to what the call log shows as the date, start 

time, and duration of these five calls. 

Mr. Eves will also testify that the phone number (503) 

829-7628 is a residential line registered to Ms. 

Wakefield’s home address. 

√

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 3 of 9
Plaintiff’s lay witness list 2

ViSalus corporate 

representative (occupation 

and address not known)

1.5 hours ViSalus’ corporate representative will testify that Ms. 

Wakefield’s residential line, (503) 829-7628, is on the 

National Do Not Call Registry and has been since 2008. 

ViSalus’ corporate representative will testify that ViSalus 

placed more than two solicitation calls to that number in 

April 2015 and that, during those calls, ViSalus delivered 

a message using an artificial or prerecorded voice. 

ViSalus’ corporate representative will also testify that 

ViSalus did not have Ms. Wakefield or her husband’s 

prior express consent to do so. 

ViSalus’ corporate representative will testify that, in 

approximately 2013-2016, ViSalus placed solicitation 

calls to class members’ residential telephone or mobile

phone lines and delivered messages using an artificial or 

prerecorded message, without their prior express consent. 

He or she will also testify about the spreadsheets produced 

by ViSalus, including ones showing solicitation calls 

placed by ViSalus to class members (including both 

contact spreadsheets such as those in Plaintiff’s Exhibits

38 and 41 and spreadsheets containing information about 

ViSalus campaigns such as those in Plaintiff’s Exhibit 

42). 

ViSalus’ corporate representative will testify that ViSalus 

placed these calls using an Avaya system called the 

“Proactive Outreach Manager” and will identify several 

exhibits describing the operation of that system. ViSalus’ 

corporate representative will also testify that certain call 

list spreadsheets include completion codes showing the 

√

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 4 of 9
Plaintiff’s lay witness list 3

outcome of the call. ViSalus’ corporate representative 

will testify that certain completion codes indicate that, 

during the call, a message was delivered using an artificial 

or prerecorded voice. 

ViSalus’ corporate representative will also discuss Mr. 

Gidley’s April 4, 2018 declaration identifying those 

spreadsheets used by ViSalus to conduct marketing 

campaigns to U.S. residents, as well as those completion 

codes indicating that an artificial or prerecorded voice 

could not have played during the call. 

ViSalus’ corporate representative will also testify about 

the promoter sign-up sheets produced by ViSalus and will 

identify the information, such as phone numbers, 

requested from promoters when they signed up. 

ViSalus’ corporate representative will also testify that 

ViSalus (and employees at ViSalus) knew that ViSalus 

did not have class members’ prior express consent to 

place phone calls to deliver a message using an artificial 

or prerecorded voice to class members’ residential or cell 

phone lines, or that ViSalus (and employees at ViSalus) 

were aware that there was a high risk that it lacked such 

consent and consciously avoided confirming it. 

In addition, ViSalus’ corporate representative will testify 

about email communications produced by ViSalus 

between ViSalus and persons who ViSalus called despite 

being asked not to on multiple occasions. 

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 5 of 9
Plaintiff’s lay witness list 4

Lori Wakefield, 827 E. 4th 

Street, Molalla, OR. 

1 hour Ms. Wakefield will testify that (503) 829-7628 is her 

home phone number and is registered as a residential line. 

She will authenticate her phone bill for that phone line. 

She will testify that that phone line is used mostly for nonbusiness-related calls and that only a very small 

percentage of calls on that line are related to her home 

daycare business. She will testify that she uses her mobile 

phone for most of her communications related to her 

home daycare business. She will testify that her husband 

is a firefighter and does not have a home business. And 

she will testify that this phone number has been registered 

with the National Do Not Call Registry since 2008. 

Ms. Wakefield will also testify that she and her husband 

signed up to be ViSalus promoters in approximately 2013. 

Ms. Wakefield will testify that the sign-up form she used 

asked her for her home or cell phone number and that she 

provided her home phone number, and will testify that the 

sign-up forms produced by ViSalus asked for the same 

information as the one she filled out. She will testify that 

ViSalus is a multi-level marketing company and that a 

ViSalus promoter buys products from ViSalus and has the 

opportunity to earn commissions by selling ViSalus 

products to others. She will testify that she and her 

husband never earned any money as ViSalus promoters 

and that they cancelled their membership in March 2013. 

She will testify that she asked for but was not given a 

refund for certain “autoship” products and will describe 

ViSalus records summarizing this interaction and her 

other interactions with the company. 

√

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 6 of 9
Plaintiff’s lay witness list 5

Ms. Wakefield will also testify that, in April 2015, 

ViSalus made solicitation phone calls to her residential 

phone number approximately five times and that, during 

at least some of those calls, ViSalus delivered a message 

using an artificial or prerecorded voice, live and to her 

answering machine. Ms. Wakefield will also testify that 

she did not give ViSalus prior express consent to do this. 

Ms. Wakefield will also testify that, during one call, she 

connected with a ViSalus agent and told ViSalus not to 

call her. She will identify one or more recordings 

produced by ViSalus as being consistent with calls she 

received. 

Ms. Wakefield will also testify that ViSalus’ repeated 

calls caused her harm, including annoyance, disruption of 

peace and quiet in her home, disruption of her activities, 

and reminding her of the poor experience and negative 

interactions she had with ViSalus. 

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 7 of 9
Plaintiff’s lay witness list 6

II. Witnesses called by deposition. 

Ms. Wakefield and the Certified Class may also read deposition testimony given by the following witnesses:

• Justin Call, Former VP of Sales & Global Support of ViSalus, Inc., 5275 Town & Country Blvd., Apt #2458, Frisco, 

TX 75034

• Scott Gidley, Compliance Analyst for ViSalus (address unknown)

• John Laun, Former VP Marketing of ViSalus, Inc., 850 S Norton Ave, Los Angeles, CA 90005. 

The expected timing and substance of the testimony that will be read is set forth in Ms. Wakefield and the Certified 

Class’ deposition designations, which will be filed with the Court.

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 8 of 9
Plaintiff’s lay witness list 7

Date: January 16, 2019 Respectfully submitted,

By: /s/ Simon Franzini

DOVEL & LUNER, LLP

Simon Franzini, Cal. Bar #287631*

simon@dovel.com

Gregory S. Dovel, Cal. Bar #135387*

greg@dovel.com

Jonas Jacobson, Cal. Bar #269912*

jonas@dovel.com

201 Santa Monica Blvd., Suite 600

Santa Monica, California 90401

Tel: (310) 656-7066

Fax: (310) 656-7069

EDELSON PC

Rafey S. Balabanian, ILB #6285687*

rbalabanian@edelson.com

Eve-Lynn J. Rapp, ILB #6300632*

erapp@edelson.com

Lily E. Hough, SBN #315277*

lhough@edelson.com

123 Townsend Street, Suite 100

San Francisco, California 94107

Tel: (415) 212-9300

Fax: (415) 373-9435

FORUM LAW GROUP

Scott F. Kocher, OSB #015088

Stephen J. Voorhees, OSB #150595

811 S.W. Naito Parkway, Suite 420

Portland, Oregon 97204

Tel/Fax: (503) 445-2120

* admitted pro hac vice

Attorneys for Plaintiff Wakefield and the 

Certified Class

Case 3:15-cv-01857-SI Document 174 Filed 01/16/19 Page 9 of 9