Federal Trade Commission v. Adept Management, Inc. et al
| Federal Trade Commission |
| Adept Management, Inc., Anchor Publishing Group, Inc., Associated Publishers Network, Inc., Atlas Business Consulting LLC, Linda Babb, Shannon Bacon, Clarity Group, Inc., Consolidated Publishers Exchange, Inc., Crown Resource Management LLC, Customer Access Services, Inc., Express Publishers Service, Inc., HCG, Inc., Henry Cricket Group, LLC, Jeffrey Hoyal, Lori Hoyal, Hoyal & Associates, Inc., Colleen Kaylor, Liberty Publishers Service, Inc., Laura Lovrien, Magazine Clearing Exchange, Inc., Magazine Link, Inc., Maximillian, Inc., North West Data Services LLC,, PPP Magazines, Inc., Noel Parducci, Publishers Payment Processing, Inc., Lydia Pugsley, Reality Kats, LLC, Dennis Simpson, Specialties, Inc., William Strickler, Subscription House Agency, Inc., United Publishers Exchange, Inc. and Wineoceros Wine Club, Inc. |
| 1:2016cv00720 |
| April 27, 2016 |
| US District Court for the District of Oregon |
| Medford (1) Office |
| Mark D. Clarke |
| Other Statutory Actions |
| 15 U.S.C. ยง 0045 Federal Trade Commission Act |
| None |
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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
738
AMENDED ORDER For Permanent Injunction and Monetary Judgment. Please access entire text by document number hyperlink. Ordered and Signed on 07/10/2019 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
730
ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT: Please access entire text by document number hyperlink. Signed on 6/10/2019 by Magistrate Judge Mark D. Clarke. (Mailed to Noel Parducci and William Strickler on 6/10/2019.) (joha)
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Filing
728
OPINION AND ORDER: Defendant's Motions for Reconsideration 705 717 718 and 720 are DENIED. Please access entire text by document number hyperlink. Ordered and Signed on 06/07/2019 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
698
Findings of Fact and Conclusions of Law. Signed on 05/18/2019 by Magistrate Judge Mark D. Clarke. (Attachments: # 1 Exhibit) (bd)
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Filing
662
OPINION AND ORDER: by Magistrate Judge Mark D. Clarke regarding Motion for Stay Pending Resolution of Appeal in FTC v. AMG 659 . The Hoyal defendants' motion to stay 659 is DENIED. The stay granted to the FTC due to the lapse of app ropriations 655 is lifted. The Proposed Findings of Fact and Conclusions of Law and Post-trial Briefs of the FTC and the represented parties are due on March 14, 2019. The Proposed Findings of Fact and Conclusions of Law and Post-trial Briefs of D efendants Linda Babb, Shannon Bacon, Laura Lovrien, Noel Parducci, Lydia Pugsley, and William Strickler, if any, are due on March 25, 2019. Ordered by Magistrate Judge Mark D. Clarke. (rsm) Modified on 2/20/2019 (rsm) to add specific document numbers. Docket entry regenerated and sent to the parties. Modified on 2/21/2019 (rsm) to reflect Opinion. Docket Entry regenerated and sent to the parties.
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Filing
577
OPINION AND ORDER: The Hoyal defendants' motion in limine to exclude the FTC's evidence as to monetary relief 522 is DENIED. Please access entire text by document number hyperlink. Signed on 11/01/2018 by Magistrate Judge Mark D. Clarke. (rsm) Modified on 11/1/2018 (rsm) to add "Opinion". Docket entry regenerated to the parties.
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Filing
469
Opinion and Order re Motion for Summary Judgment 325 , Motion for Summary Judgment on FTC's Monetary Relief 336 , Motion for Summary Judgment 329 , Motion for Summary Judgment 348 , Motion for Partial Summary Judgment 327 , Motion for Summary Judgment 341 , Motion for Summary Judgment 333 , Motion for Summary Judgment 320 , Motion to Strike Testimony of Michael Motley 449 , Motion for Summary Judgment Dismissal of Claims Aga inst Lori Hoyal 342 , Motion for Summary Judgment 321 , Motion for Summary Judgment 339 , Motion for Summary Judgment 323 , Motion to Strike Testimony Introduced by Hoyal Defendants in Support of Their Motions for Summary Judgmen t 416 . Plaintiff FTC's motion for summary judgment (#348) is GRANTED in part and DENIED in part. The defendants' motions (#320, 321, 323, 325, 327, 329, 333, 336, 339, 341, 342) areDENIED. Plaintiffs motions to strike (#416, 449) are DENIED. The Hoyal defendants' motion to strike (#410) is DENIED. The case will proceed to trial on the issues of common scheme, individual liability, and remedy. Signed on 09/25/2018 by Magistrate Judge Mark D. Clarke. (Attachments: # 1 Exhibit) (rsm)
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Filing
297
Opinion and Order. The information sought by the FTC is relevant and is not subject to attorney-client privilege. Pl. FTC's Resp. Mot. Compel, 2-3 (#293). Therefore, Mr. Lennon is ordered to answer the FTC's question, "who was the beneficiary of Revista?[,]" under oath, in writing within 14 days of the date of this order. Please access entire text by document number hyperlink. Signed on 07/03/2018 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
271
OPINION AND ORDER on Motion for Protective Order FTC's Motion for Expedited Protective Order re: Proposed Notice of Rule 30(b)(6) Deposition of Federal Trade Commission 251 . Based on this Opinion and Order, the Court grants the FTC's motion for a protective order 251 precluding the Hoyal Defendants FRCP 30(b)(6) noticed deposition. Please access entire text by document number hyperlink. Signed on 04/19/2018 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
233
OPINION AND ORDER: The motion for bifurcation 226 is DENIED. Additionally the Court adopts, in part, the schedule proposed by the FTC, as indicated below. The parties should note two additional dates on the list. First, if the FTC wishes to con duct additional depositions in this case, they must submit such a request by February 23. Second, please note the date for "Requests to file Summary Judgment Motions." This deadline indicates that all parties will be required to request per mission from the Court prior to filing a motion for summary judgment. Such request must be filed in writing and include a brief,no longer than three (3) pages, memorandum outlining the basis for the motion requested. The Court adopts the following ca se schedule: FTC Request for additional depositions is 02/23/2018; Discovery Motions are due 04/02/2018; Close of Fact Discovery 05/01/2018; Initial Expert Disclosures 05/15/2018; Requests to file summary judgment 05/25/2018; A telephonic Status Conf erence is set for 06/01/2018 at 10:00 AM (the Court will initiate the call); Expert rebuttals 06/15/2018; Close Expert Discovery 07/16/2018; Dispositive Motions are due 08/03/2018; An in person Pretrial Conference is set for 10/22/2018 at 10:00 AM. A Court trial is set for 10/29/2018 at 9:00 AM. Please access entire text by document number hyperlink. Ordered by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
229
OPINION AND ORDER: Denying Motion for Imposition of Sanctions Motion for Protective Order 221 . (See attached PDF for complete details). Signed on 2/7/2018 by Magistrate Judge Mark D. Clarke. (jkm)
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Filing
219
ORDER: Denying Motion for Leave 218 to File Under Seal a Motion for Sanctions. The Court respects the parties' and third party's "Confidential" designation of the exhibits pursuant to the protective order. However, a fter reviewing the exhibits at issue, the Court does not find any privilege that applies, nor does it appear that any potential for embarrassment, harassment, public scandal, incrimination, or other possible negative impact might result from unsealin g such documents. On balance, the Court finds that the Hoyaldefendants have failed to make a particularized showing of harm to meet even the lower standard of "good cause" under Federal Rule of Civil Procedure 26(c). The motion 218 is den ied. The Hoyal defendants are directed to file their motion electronically in accordance with the Local Rules of Civil Procedure. Please access entire text by document number hyperlink. Signed on 01/08/2018 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
213
Opinion and Order: The Hoyal defendants' motion to quash 206 is DENIED. (See attached PDF for complete details). Signed on 10/18/2017 by Magistrate Judge Mark D. Clarke. (jkm)
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Filing
187
ORDER: In light of the unrepresented corporate defendants' failure to respond or otherwise appear in compliance with the Court's Order 148 , the Court issued an Order to Show Cause 185 , ordering the unrepresented corporate defendants t o file a notice of appearance with the Court by July 20, 2017, or otherwise submit a written explanation to the Court for why the Court shouldnot strike the defendants' answers and enter an order of default against each of them. As of this date, no notices have been filed, nor has any defendant filed an explanation or a request for an extension of time to do so. Therefore, the unrepresented corporate defendants' answers are hereby stricken from the record, and the Clerk is directed to enter default against each one. Ordered and Signed on 08/07/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
180
OPINION AND ORDER: Deferring Ruling on Motion for Summary Judgment 152 until after close of discovery in this case; Granting Motion 153 . Signed on 06/13/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
135
OPINION AND ORDER: Granting in Part Denying in Part Motion to Strike 86 ; Granting 89 Motion to Dismiss for Failure to State a Claim; Granting Motion to Strike 107 ; Granting 118 Motion to Dismiss for Failure to State a Claim. The Third Party Complaint 77 is dismissed without prejudice to filing such claims in a separate action not involving the Federal Trade Commission. Signed on 03/20/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
124
ORDER: For reasons stated in this Order, the Motion to Withdraw 112 is granted, subject to certain conditions. The motions to stay 111 and 113 are DENIED. The Motion for Disqualification of Counsel 96 is DENIED AS MOOT. Ordered and Signed on 02/23/2017 by Magistrate Judge Mark D. Clarke. (rsm)
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Filing
72
ORDER: The Defendants' motion to dismiss (#36) is denied. Plaintiffs motion to strike affirmative defenses is (#39) is granted. Defendants shall file any amended pleadings prior to the Rule 16 Conference, set on December 14, 2016. Conc urrent with the motions filed in this case, Plaintiff has filed two separate requests for judicial notice. The documents submitted to the court for consideration did not factor in to the Court's decision on either motion, therefore the requests are denied as moot. Plaintiff may renew the requests, if appropriate, at a later stage of the litigation, and the court will reconsiderthem at that time. Please access entire text by document number hyperlink. Signed on 11/03/2016 by Magistrate Judge Mark D. Clarke. (rsm)
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