Federal Trade Commission v. Ivy Capital, Inc. et al
| Federal Trade Commission |
| 3 Day MBA, LLC, Business Development Division, LLC, Cherrytree Holdings, LLC, Corporate Credit Division, LLC, Credit Repair Division, LLC, Curva, LLC, Dream Financial, Enrich Wealth Group, LLC, Fortune Learning System, LLC, Fortune Learning, LLC, Global Finance Group, LLC, James G. Hanchett, John H. Harrison, Melyna Harrison, Benjamin E. Hoskins, Leanne Hoskins, ICI Development, Inc., Ivy Capital, Inc., Ivy Capital, LLC, Kierston Kirschbaum, Kyle G. Kirschbaum, Logic Solutions, LLC, Steven E. Lyman, Tracy Lyman, Mowab, Inc., Nevada Corporate Division, Inc., Oxford Debt Holdings, LLC, Oxford Financial, LLC, Revsynergy, LLC, S&T Time, LLC, Sell It Vizions, LLC, Steven J. Sonnenberg, Tax Planning Division, LLC, The Shipper, LLC, Vianet, Inc., Virtual Profit, LLC, Virtucon, LLC, Joshua F. Wickman, Christopher M. Zelig and Zyzac Commerce Solutions, Inc. |
| Robb Evans |
| Chad R. Fears |
| 2:2011cv00283 |
| February 22, 2011 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| James C. Mahan |
| George Foley |
| Other Statutory Actions |
| 15 U.S.C. ยง 0053 Federal Trade Commission Act |
| Defendant |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
516
ORDER Denying 503 Motion for Hearing. IT IS FURTHER ORDERED that 507 Motion to Quash Writ of Execution is Granted. Signed by Magistrate Judge Nancy J. Koppe on 2/6/2024. (Copies have been distributed pursuant to the NEF - JQC)
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Filing
515
ORDER denying 489 Motion for Hearing. ORDER sustaining 490 Objections to answers to garnishment interrogatories. ORDER granting 492 Motion to quash the writs of continuing garnishment. The Clerk of the Court is INSTRUCTED to quash the writs ofcontinuing garnishment at Docket Nos. 470 , 471 , 472 , 473 . Signed by Magistrate Judge Nancy J. Koppe on 1/30/2024. (Copies have been distributed pursuant to the NEF - CT)
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Filing
499
ORDER Granting 496 Unopposed Motion to Extend Deadline to Reply re 492 Motion to Quash. Replies due by 8/22/2023. Signed by Magistrate Judge Nancy J. Koppe on 8/11/2023. (Copies have been distributed pursuant to the NEF - KF)
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Filing
460
ORDER. IT IS ORDERED that movants' motion for relief and/or modification of judgment and order for permanent injunction and monetary relief (ECF No. 449 ) is DENIED. IT IS FURTHER ORDERED that FTC's motion to submit supplemental authority (ECF No. 458 ) is GRANTED. This matter shall remain closed, and the final judgment (ECF Nos. 409 , 446 ) shall remain in effect. Signed by Judge James C. Mahan on 3/9/2022. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
456
ORDER granting 455 Stipulation Re: 454 Response to 449 Motion. Replies due by 6/25/2021. Signed by Judge James C. Mahan on 6/23/2021. (Copies have been distributed pursuant to the NEF - HAM)
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Filing
452
ORDER Granting 451 Stipulation for Extension of Time re 449 Motion (First Request). Responses due by 6/15/2021. Signed by Judge James C. Mahan on 6/4/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing
446
AMENDED FINAL JUDGMENT. IT IS HEREBY ORDERED AND ADJUDGED that the Final Monetary Judgment against Relief Defendant Leanne Hoskins is hereby amended and a monetary Judgment for $1,550,848.48 is entered in favor of the Federal Trade Commission and against relief defendant Leanne Hoskins. Signed by Judge James C. Mahan on 1/6/16. (Copies have been distributed pursuant to the NEF - PS)
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Filing
435
ORDER Denying 427 Motion for release of funds. Signed by Judge James C. Mahan on 6/17/2014. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
431
ORDER Granting in part and Denying in part 421 Defendants' Motion Allow Sale of Property Subject to Asset Freeze. Signed by Judge James C. Mahan on 03/14/2014. (Copies have been distributed pursuant to the NEF - AC)
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Filing
424
ORDER granting 417 Motion for for Order (1) Approving Final Report and Accounting; (2) Approving Settlement; (3) Allowing Claims and Approving Plan for Distribution of Receivership Assets; (4) Approving Receiver's and Counsels' Fees and Expenses From September 1, 2012 Through Closing; (5) Discharging Receiver; (6) Relieving Receiver of All Duties and Liabilities; (7) Exonerating Receiver's Bond; (8) Authorizing Abandonment and Destruction of Records and Relating Relief; and (9) Granting Relief Pertaining to Notice to Creditors. Signed by Judge James C. Mahan on 12/10/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
416
ORDER Granting 414 Unopposed Motion to Release Federal 529 College Accounts. Signed by Judge James C. Mahan on 9/26/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
409
FINAL JUDGMENT in favor of Federal Trade Commission against Benjamin E. Hoskins and Dream Financial, jointly and severally with all other defendants in this case that have already settled with the FTC, in the amount of $130,375,057.52 plus prej udgment interest in the amount of $3,589,426.92; against Oxford Financial, LLC in the amount of $1,529,292.25 plus prejudgment interest in the amount of $9,254.48; and against Leanne Hoskins in the amount of $1,128,795.78 plus pre judgment interest in the amount of $6,830.89; and against Mowab, Inc. in the amount of $203,118.40 plus prejudgment interest in the amount of $1,229.17. PERMANENT INJUNCTION. Signed by Judge James C. Mahan on 7/5/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
407
FINAL JUDGMENT and PERMANENT INJUNCTION in favor of Federal Trade Commission against Business Development Division, LLC, Corporate Credit Division, LLC, Credit Repair Division, LLC, Nevada Corporate Division, Inc., Tax Planning Division, LLC. in the amount of $130,375,057.52 plus prejudgment interest in the amount of $3,589,426.92, as equitable monetary relief for consumer injury. Signed by Judge James C. Mahan on 6/26/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
392
ORDER that 312 Motion for Summary Judgment is DENIED. FURTHER ORDERED that 320 Motion for Summary Judgment is DENIED. FURTHER ORDERED that 323 Motion for Summary Judgment is GRANTED. Plaintiff Federal Trade Commission shall submit a prposed order consistent with this order. Signed by Judge James C. Mahan on 3/26/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
391
ORDER Granting 389 Motion to Extend the Date for Final Report and Accounting. FURTHER ORDERED that the receiver shall have sixty days to file its final report and accounting following the entry of judgment or other disposition of the claims in the pending summary judgment motions. Signed by Judge James C. Mahan on 3/25/13. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
378
STIPULATED FINAL JUDGMENT and ORDER for MONETARY RELIEF in favor of Federal Trade Commission against Tracy Lyman, S&T Time, LLC. Signed by Judge James C. Mahan on 12/20/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
363
ORDER Granting 338 Motion for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From April 1, 2011 Through August 31, 2012; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge James C. Mahan on 12/18/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
351
ORDER Granting 346 Unopposed Motion to Lift the Injunction and Asset Freeze to Allow Them to Replace Their Cars. Signed by Judge James C. Mahan on 12/10/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
347
ORDER Granting 345 Motion to Extend Partial Stay of Proceedings as to Certain Parties Pending Completion of Proposed Settlements. Signed by Magistrate Judge George Foley, Jr on 11/13/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
344
ORDER Denying 321 Motion to Strike 319 Status Report. Signed by Magistrate Judge George Foley, Jr on 11/1/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
332
ORDER Granting 328 Motion for District Judge to Reconsider Order and Denying 327 FTC's Motion to Extend Time as Moot. The Clerk of Court is ordered to reinstate 323 FTC's MOTION for Summary Judgment. Signed by Judge James C. Mahan on 09/27/2012. (Copies have been distributed pursuant to the NEF - AC)
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Filing
326
ORDER Denying 322 Motion for Leave to File Excess Pages. FURTHER ORDERED that 323 Motion for Summary Judgment is STRICKEN. Signed by Judge James C. Mahan on 9/21/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
318
ORDER Granting 313 Motion to Extend Time to Respond re 312 Motion for Summary Judgment. Responses due by 9/12/2012. Signed by Judge James C. Mahan on 8/21/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
316
ORDER Granting 315 Motion for Partial Stay of Proceedings as to Certain Parties Pending Completion of Proposed Settlements. Signed by Magistrate Judge George Foley, Jr on 8/16/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
289
ORDER Granting in part and Denying in part 271 Motion to Compel Answers to Interrogatories and Document Requests. FURTHER ORDERED that Defendants shall have until 6/22/12 in which to take the deposition of the FTC's expert witness. The remain ing pre-trial deadlines are extended as follows: (1) the last day to file dispositive motions is July 23, 2012; (2) the joint pretrial order is due on or before August 23, 2012 unless dispositive motions are filed, in which case the joint pretrial order shall be filed within 30 days after the Court's decision on the last dispositive motion. Signed by Magistrate Judge George Foley, Jr on 5/22/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
286
PROTECTIVE ORDER. Signed by Magistrate Judge George Foley, Jr. on 5/11/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
264
ORDER Granting 263 Notice of Change of Attorney. Fillmore Spencer, LLC is substituted in place and stead of Hutchison & Steffen, LLC for defendants Fortune Learning, LLC; The Shipper, LLC; James G. Hanchett; and Steven J. Sonnenberg. Signed by Magistrate Judge George Foley, Jr on 3/19/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
254
ORDER Granting 253 Motion for Leave to Appear by Government Attorney for Attorney Ross Feldmann for Federal Trade Commission. Signed by Magistrate Judge George Foley, Jr. on 1/19/12. (Copies have been distributed pursuant to the NEF - MMM)
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Filing
245
ORDER Granting 244 Motion to Permit Appearance of Government Attorney Svetlana Gans. Signed by Magistrate Judge George Foley, Jr on 11/10/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
243
ORDER that the receivers recommendations as set forth in 231 are approved in their entirety, as follows in the attached order. Signed by Judge James C. Mahan on 11/2/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
240
ORDER Granting 239 Motion to Permit Appearance of Government Attorney for Attorney Daniel O. Hanks for Federal Trade Commission. Signed by Magistrate Judge George Foley, Jr on 10/19/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
237
ORDER that the receiver release $5,950 to the Hoskins for payment of their childs medical related expenses. Signed by Judge James C. Mahan on 9/26/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
232
ORDER Granting 218 Motion for Order Authorizing Receiver to Abandon Certain Personal Property from the Estate and Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge James C. Mahan on 9/6/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
230
ORDER Granting 202 Motion for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Authorizing Receiver to Liquidate UBS Stock Account; and (3) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge James C. Mahan on 8/17/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
229
ORDER that the receivers recommendation 196 be, and the same hereby is, DENIED with regard to the Hoskins and GRANTED with regard to Wickman;IT IS FURTHER ORDERED that the receivers recommendation 200 regarding legal budgets be, and the same hereby is, AFFIRMED. Signed by Judge James C. Mahan on 8/12/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
227
ORDER that the stay on the commencement of deposition discovery inthis action is hereby vacated.IT IS FURTHER ORDERED that Plaintiff may take up to 30 depositions and the Defendants,collectively, may also take up to 30 depositions. Signed by Magistrate Judge George Foley, Jr on 8/11/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
201
ORDER Granting in part and Denying in part 170 Motion to Strike. Denying 171 Motion for an order granting receiver's recommendation. Signed by Judge James C. Mahan on 6/20/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
193
ORDER Denying 37 and 38 Defendants Enrich Wealth Group, LLC's and Joshua Wickman's Motion to Dismiss; Denying 83 and 84 Defendants Benjamin Hoskins', and Oxford Financial, LLC's Motion to Dismiss and; Denying 86 Defendants' Ivy Capital's Motion to Dismiss. Signed by Judge James C. Mahan on 5/25/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
186
ORDER Regarding Release of Frozen Funds for Living Expenses. IT IS HEREBY ORDERED that 168 Order affirming 163 Receivers Recommendations in its entirety is hereby AMENDED. Signed by Judge James C. Mahan on 5/12/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
178
ORDER that Mr. Zelzig shall register with CM/ECF and a "Notice of Compliance with Special Order 109" Shall be completed and Filed no later than 5/9/2011. Signed by Magistrate Judge George Foley, Jr on 5/4/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
175
ORDER Denying 39 Motion to Strike. Signed by Judge James C. Mahan on 5/2/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
168
ORDER Affirming 163 Receiver's Recommendation regarding living expenses and related matters for the defendants in this case. Receiver shall dispense the fees as noted in the report. Signed by Judge James C. Mahan on 4/21/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
158
ORDER DENYING as moot 27 Motion for Modification of the temporary restraining order; DENYING as moot 30 Motion for Order to Show Cause; DENYING as moot 33 Motion for Order to Show Cause. Signed by Judge James C. Mahan on 4/12/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
91
PRELIMINARY INJUNCTION. Signed by Judge James C. Mahan on 3/25/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
65
ORDER Granting 62 Ex Parte Motion Sealing Exhibit C to the Shipper Defendant's Opposition to Federal Trade Commission's Request for Preliminary Injunction. Signed by Judge James C. Mahan on 3/17/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
59
ORDER Granting 36 Notice of Change of Attorney filed by Attorney Aviva Y. Gordon as to Leanne Hoskins, Benjamin E. Hoskins and, Oxford Financial, LLC. Att, Attorney Chad R. Fears terminated. Signed by Magistrate Judge George Foley, Jr on 3/16/2011. (Copies have been distributed pursuant to the NEF - SLR)
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Filing
28
ORDER Granting 26 Motion to Permit Appearance of Government Attorney for Attorney Dotan Weinman for Federal Trade Commission. Signed by Magistrate Judge George Foley, Jr on 3/9/11. (Copies have been distributed pursuant to the NEF - ASB)
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Filing
17
ORDER Granting 16 Stipulation and Order to Extend TRO, Adjourn Preliminary Injunction Hearing, and set Rule 26(f) Conference. 11 Motion for Preliminary Injunction Deadlines: Responses due by 3/15/2011. Replies due by 3/21/2011. Motion Hearing set for 3/23/2011 10:30 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 3/4/2011. (Copies have been distributed pursuant to the NEF - SLR)
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