Federal Trade Commission v. Noland, et al
Plaintiff: Federal Trade Commission
Defendant: James D Noland, Jr., Success By Media LLC, Success By Media Holdings Incorporated, Lina Noland, Thomas G. Sacca, Thomas G Sacca, Jr., Jay Noland, JD Noland, Scott A Harris, Thomas G Sacca, Success By Media Holdings Incorporated a corporation doing business as Success By Health doing business as Success By Media and Success By Media LLC a limited liability company doing business as Success By Health doing business as Success By Media
Receiver: Kimberly Friday
Case Number: 2:2020cv00047
Filed: January 8, 2020
Court: US District Court for the District of Arizona
Office: Phoenix Division Office
Presiding Judge: Dominic W Lanza
Nature of Suit: Other Statutes: Other Statutory Actions
Cause of Action: 15 U.S.C. ยง 0045
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 9, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 12, 2020 Opinion or Order Filing 147 NOTICE of Errata re: #146 Response in Opposition to Motion by Defendants Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca.. (Attachments: #1 Exhibit Replacement Exhibit B)(Williams, Daryl)
June 12, 2020 Opinion or Order Filing 146 RESPONSE in Opposition re: #144 MOTION for Attorney Fees Receiver's Second Motion for Order Approving Fees and Costs Incurred by the Receiver and Estate Professionals filed by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca. (Attachments: #1 Exhibit A (first half), #2 Exhibit A (second half), #3 Exhibit B)(Williams, Daryl)
June 12, 2020 Opinion or Order Filing 145 NOTICE of Appearance by Daryl M Williams on behalf of Thomas G Sacca. (Williams, Daryl)
May 29, 2020 Opinion or Order Filing 144 MOTION for Attorney Fees Receiver's Second Motion for Order Approving Fees and Costs Incurred by the Receiver and Estate Professionals by Kimberly Friday. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order Order Approving Second Motion for Fees and Costs Incurred by the Receiver and Estate Professionals)(Stapleton, Warren)
May 29, 2020 Opinion or Order Filing 143 NOTICE of Service of Supplemental Mandatory Initial Discovery Responses (MIDP) filed by Plaintiff Federal Trade Commission. (Mendelson, Evan)
May 28, 2020 Opinion or Order Filing 142 SCHEDULING ORDER: Discovery due by 12/1/2020. Dispositive motions due by 3/12/2021 [see attached Order for details]. Signed by Judge Dominic W Lanza on 5/28/20. (MAW)
May 28, 2020 Opinion or Order Filing 141 ORDER: The Court, having reviewed the parties' joint Rule 26(f) report (Doc. #137 ), concludes it is unnecessary to hold a Rule 16 Case Management Conference. The Court will separately issue the Case Management Order. Counsel are to note at Item 11 of the Case Management Order that the deadlines are real, and the Court will enforce the deadlines set forth in the Order. The parties should plan their litigation activities accordingly. Ordered by Judge Dominic W Lanza on 5/28/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
May 28, 2020 Opinion or Order Filing 140 ORDER: IT IS ORDERED that the Receiver's Petition to Permit Recovery of Personal Assets (Doc. #138 ) is granted. The Receiver is permitted to release the equipment identified in Exhibit A to the Receiver's Petition to Robert Towns. Ordered by Judge Dominic W Lanza on 5/28/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
May 12, 2020 Opinion or Order Filing 139 NOTICE re: Notice of Filing Receiver's Second Written Report by Kimberly Friday re: #109 Order on Motion for Preliminary Injunction . (Attachments: #1 Exhibit A)(Stapleton, Warren)
May 6, 2020 Opinion or Order Filing 138 MOTION The Receiver's Petition No. 2 to Permit Recovery of Personal Assets by Kimberly Friday. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order [Proposed] Order Granting The Receiver's Petition No. 2 to Permit Recovery of Personal Assets)(Stapleton, Warren)
May 1, 2020 Opinion or Order Filing 137 Rule 26(f) Report for Mandatory Initial Discovery Pilot (MIDP) filed by Plaintiff Federal Trade Commission. (Ware, Jonathan)
April 21, 2020 Opinion or Order Filing 136 ORDER: IT IS ORDERED that the Receiver's motion for fees and costs (Doc. #114 ) is granted [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/21/20. (MAW)
April 16, 2020 Opinion or Order Filing 135 *NOTICE of Attorney Withdrawal by Success by Media Holdings Incorporated and Success by Media LLC . (Williams, Daryl) *Modified text and filers on 4/17/2020 (SLQ).
April 10, 2020 Opinion or Order Filing 134 *Withdrawal of Document - Inadvertently Filed Motion by Federal Trade Commission re: #133 MOTION for Order to Show Cause Why Scott Harris and Thomas Sacca Should Not Be Held In Contempt . (Ware, Jonathan) *Modified to correct event; attorney noticed on 4/10/2020 (SLQ).
April 10, 2020 Opinion or Order Filing 133 MOTION for Order to Show Cause Why Scott Harris and Thomas Sacca Should Not Be Held In Contempt by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Ware, Jonathan)
April 7, 2020 Opinion or Order Filing 132 AMENDED TRANSCRIPT REQUEST pursuant to 131 Notice of Deficiency by Scott A Harris, James D Noland, Jr, Lina Noland, Success By Media Holdings Incorporated, Success By Media LLC for proceedings held on February 12, 2020, Judge Dominic W Lanza hearing judge(s). (Williams, Daryl)
April 7, 2020 Opinion or Order Filing 131 NOTICE TO FILER OF DEFICIENCY re: AO435 #130 Transcript Request filed by Thomas G Sacca, Jr., Success By Media LLC, James D Noland, Jr., Thomas G Sacca, Success By Media Holdings Incorporated, Scott A Harris, Lina Noland. Item(s) were not completed (left blank): Entire Form (1-20). FOLLOW-UP ACTION REQUIRED: Please refile the transcript request on form AO435. Items 1-20 must be completed. Deficiency must be corrected within one business day of this notice. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (RAP)
April 7, 2020 Opinion or Order Filing 130 TRANSCRIPT REQUEST by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC for proceedings held on February 12, 2020, Judge Dominic W Lanza hearing judge(s). (Williams, Daryl)
April 6, 2020 Opinion or Order Filing 129 AMENDED ORDER: IT IS ORDERED that New Counsel confer with the receiver concerning the propriety of New Counsel's recent appearance on behalf of the Receivership Entities. IT IS FURTHER ORDERED that if New Counsel and the receiver cannot reach agreement over the propriety of New Counsel's appearance on behalf of the Receivership Entities, they must submit separate briefs on the issue (not to exceed seven pages each) no later than April 17, 2020 setting forth their respective positions [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/6/20. (MAW) Modified to add WO on 4/7/2020 (SLQ).
April 6, 2020 Opinion or Order Filing 128 *AMENDED by Doc. #129 * ORDER: IT IS ORDERED that New Counsel confer with the receiver concerning the propriety of New Counsel's recent appearance on behalf of the Receivership Entities. IT IS FURTHER ORDERED that if New Counsel and the receiver cannot reach agreement over the propriety of New Counsel's appearance on behalf of the Receivership Entities, they must submit separate briefs on the issue (not to exceed seven pages each) no later than April 17, 2020 setting forth their respective positions [see attached Order for details]. Signed by Judge Dominic W Lanza on 4/6/20. (MAW) Modified on 4/6/2020 (MAW).
April 3, 2020 Opinion or Order Filing 127 ORDER: The Court interpreted Defense Counsel's motion to withdraw (Doc. #116 ) as being predicated on Defendants' non-payment of legal bills and concluded this reason constituted justifiable cause for the withdrawal request. (Doc. #124 .) The FTC has now filed a motion for clarification, which points out that the motion to withdraw is arguably ambiguous as to whether the basis for the withdrawal request was the non-payment of bills or some other ethical consideration. (Doc. #125 .) To the extent Defense Counsel were seeking to withdraw for ethical reasons unrelated to the non-payment of bills, such considerations also constitute justifiable cause for the withdrawal request, and it was (and is) unnecessary under the circumstances to require Defense Counsel to elaborate about the nature of those considerations. Accordingly, IT IS ORDERED that the FTC's motion for clarification (Doc. #125 ) is granted. The withdrawal order (Doc. #124 ) remains in effect, with the clarification included in this Order. Ordered by Judge Dominic W Lanza on 4/3/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
April 3, 2020 Opinion or Order Filing 126 NOTICE of Appearance by Daryl M Williams on behalf of Scott A Harris, James D Noland, Jr, Lina Noland, Success By Media Holdings Incorporated, Success By Media LLC. (Williams, Daryl)
April 3, 2020 Opinion or Order Filing 125 MOTION Clarification of the Court's Order Regarding Defense Counsel's Withdrawal re: #124 Order on Motion to Withdraw as Attorney by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Mendelson, Evan)
April 2, 2020 Opinion or Order Filing 124 ORDER granting #116 Defense Counsel's motion to withdraw as counsel of record. The Receiver shall be substituted as counsel of record for Success By Media Holdings Inc. and Success by Media LLC. The individual defendants shall proceed pro se unless and until they retain new counsel. FURTHER ORDERED that the FTC and the Receiver shall confer and determine a workable schedule for the Receiver to respond to the FTCs pending discovery requests. Signed by Judge Dominic W Lanza on 4/2/20. (EJA)
April 1, 2020 Opinion or Order Filing 123 RESPONSE to Motion re: #116 MOTION to Withdraw as Attorney The Receiver's Reply Regarding Withdrawal of Defendants' Counsel filed by Kimberly Friday. (Stapleton, Warren)
March 30, 2020 Opinion or Order Filing 122 REPLY to Response to Motion re: #116 MOTION to Withdraw as Attorney filed by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Silver, Leon)
March 30, 2020 Opinion or Order Filing 121 ORDER: IT IS ORDERED that Defense Counsel shall file a reply in support of the motion to withdraw as attorney (Doc. #116 ) by April 3, 2020. IT IS FURTHER ORDERED that the Receiver shall file a response to the motion to withdraw as attorney by April 3, 2020. Ordered by Judge Dominic W Lanza on 3/30/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
March 27, 2020 Opinion or Order Filing 120 ORDER: IT IS ORDERED that the stipulation (Doc. #118 ) is granted. Defendants have until April 3, 2020, to file their response to Receiver's motion for order approving fees and costs. Ordered by Judge Dominic W Lanza on 3/27/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
March 27, 2020 Opinion or Order Filing 119 RESPONSE in Opposition re: #116 MOTION to Withdraw as Attorney filed by Federal Trade Commission. (Mendelson, Evan)
March 26, 2020 Opinion or Order Filing 118 STIPULATION to Extend Time for Defendants to File Response to Receiver's Motion for Order Approving Fees and Costs Incurred by the Receiver and Estate Professionals [Dkt. #114] by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order)(Cain, Rebecca)
March 24, 2020 Opinion or Order Filing 117 NOTICE re: The Receiver's Notice Regarding Payment of Certain Payroll Obligations by Kimberly Friday . (Stapleton, Warren)
March 23, 2020 Opinion or Order Filing 116 MOTION to Withdraw as Attorney by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order)(Silver, Leon)
March 17, 2020 Opinion or Order Filing 115 ORDER: Defendants assert that "Defendant Thomas Sacca and his granddaughter are both experiencing serious health issues, which are preventing Mr. Sacca's participation in any discussions about what will be needed to move the case forward." (Doc. #113 at 1.) Defendants asked Plaintiff to agree to a 30-day extension of the deadline to file the parties' Rule 26(f) report, but Plaintiff agreed to a 12-day extension only. Due to the pandemic, the Court will grant the 30-day extension Defendants originally sought. Accordingly, IT IS ORDERED that Defendants' motion (Doc. #113 ) is granted. The deadline for the parties to file their Rule 26(f) report is extended to May 1, 2020. Ordered by Judge Dominic W Lanza on 3/17/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
March 13, 2020 Opinion or Order Filing 114 MOTION Receiver's Motion for Order Approving Fees and Costs Incurred by the Receiver and Estate Professionals by Kimberly Friday. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Text of Proposed Order Order Approving Fees and Costs Incurred by the Receiver and Estate Professionals)(Stapleton, Warren)
March 13, 2020 Opinion or Order Filing 113 *MOTION for Extension of Time to File Rule 26(f) Report by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order)(Silver, Leon) *Modified to correct motion type on 3/16/2020 (REK).
March 9, 2020 Opinion or Order Filing 112 NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff Federal Trade Commission. (Ware, Jonathan)
March 4, 2020 Opinion or Order Filing 111 ORDER: Pursuant to Rule 16(b)(1) of the Federal Rules of Civil Procedure, the Court will issue a scheduling order after receiving the parties' Rule 26(f) report. After reviewing the Rule 26(f) report, the Court will set a case management conference if meeting with the parties appears necessary or helpful. Accordingly, IT IS ORDERED as follows: The parties are directed to meet, confer, and develop a Rule 26(f) Joint Case Management Report, which must be filed no later than April 1, 2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/4/20. (MAW)
March 4, 2020 Opinion or Order Filing 110 PRELIMINARY ORDER [see attached Order for details]. Signed by Judge Dominic W Lanza on 3/4/20. (MAW)
February 28, 2020 Opinion or Order Filing 109 ORDER granting #108 Motion for Preliminary Injunction [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/28/20. (MAW)
February 28, 2020 Opinion or Order Filing 108 MOTION for Preliminary Injunction by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Ware, Jonathan)
February 28, 2020 Opinion or Order Filing 107 ORDER: IT IS HEREBY ORDERED that the exhibits admitted in the above-entitled case are to be returned to counsel/agents of record. IT IS FURTHER ORDERED the parties are to remove the exhibits from the custody of the Clerk of the Court, pursuant to LRCiv 79.1(c), by March 31, 2020, or the Clerk may destroy or otherwise dispose of those exhibits [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/28/20. (MAW)
February 28, 2020 Opinion or Order Disc - As outlined in the Defendants' Notice of Filing Electronic Evidence in Support of Exhibit A to Defendants' Motion to Supplement the Record (Doc. #101 ) was received by the Clerk's Office today and will be stored in the Phoenix file room. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (NKS)
February 27, 2020 Opinion or Order Filing 106 ORDER: IT IS ORDERED that the FTC's motion for a preliminary injunction (Docs. #8 , #81 ) is granted [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/27/20. (MAW)
February 25, 2020 Opinion or Order Filing 104 Corporate Disclosure Statement by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Silver, Leon)
February 25, 2020 Opinion or Order Filing 103 Corporate Disclosure Statement by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Silver, Leon)
February 25, 2020 Opinion or Order Filing 102 ORDER: On February 10, 2020, a deficiency notice was sent to counsel for Defendants Success By Media Holdings Incorporated and Success By Media LLC (Doc. #77 ) advising that counsel had failed to file the Corporate Disclosure Statement required by F.R.Civ.P.7.1 and LRCiv. 7.1.1. Counsel was given 14 days to file the Corporate Disclosure Statement. Counsel for Defendants has failed to respond to the deficiency notice and file the required Corporate Disclosure Statements. IT IS ORDERED that Defendants Success By Media Holdings Incorporated and Success By Media LLC file its Corporate Disclosure Statements not later than 10 businessdays from the date of this Order [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/25/20. (MAW)
February 25, 2020 Opinion or Order Filing 101 NOTICE re: Of Filing Electronic Evidence in Support of Exhibit A to Defendants' Motion to Supplement The Record [Dkt #95] by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC re: #99 Order on Motion for Leave to File . (Silver, Leon)
February 24, 2020 Opinion or Order Filing 100 SUPPLEMENT Notice of Filing Supplemental Exhibit to Declaration of Crystal Roney In Support of Response and Objection to Report Of Kimberly Friday, Court Appointed Temporary Receiver, Dated February 10, 2020 re: #97 Response to Motion by Defendants Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Exhibit A)(Silver, Leon)
February 21, 2020 Opinion or Order Filing 99 ORDER granting #96 Motion for Leave to File a Non-Electronic Exhibit [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/21/20. (MAW)
February 21, 2020 Opinion or Order Filing 98 ORDER: IT IS ORDERED that Defendants' motion to supplement the record (Doc. #95 ) is granted in light of the FTC's non-opposition (Doc. #97 ). The Court is considering the newly-submitted evidence and hopes to issue an order on the merits of the preliminary injunction request sometime next week. Ordered by Judge Dominic W Lanza on 2/21/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
February 20, 2020 Opinion or Order Filing 97 RESPONSE to Motion re: #95 MOTION to Supplement Record (Post-Hearing ) and to Defendants' Response and Objection to Report of Temporary Receiver #94 filed by Federal Trade Commission. (Ware, Jonathan)
February 19, 2020 Opinion or Order Filing 96 *MOTION for Leave to File Electronic Evidence filed by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order)(Silver, Leon) *Modified to correct event and removed previously terminated party as filer on 2/20/2020 (REK).
February 19, 2020 Opinion or Order Filing 95 *MOTION to Supplement Record (Post-Hearing by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Exhibit A, #2 Exhibit A1, #3 Exhibit A2, #4 Exhibit A3, #5 Exhibit A4, #6 Exhibit A5, #7 Exhibit A5-2, #8 Exhibit A 6, #9 Exhibit A6-2, #10 Exhibit A-7, #11 Exhibit A-8, #12 Exhibit A-9, #13 Exhibit A-10, #14 Exhibit A-11, #15 Exhibit A-12, #16 Exhibit A-13, #17 Exhibit A-14, #18 Exhibit A-15, #19 Exhibit B, #20 Exhibit C, #21 Exhibit C-1, #22 Exhibit C-2, #23 Exhibit C-3, #24 Exhibit C-4)(Silver, Leon) *Modified to remove previously terminated party as a filer on 2/20/2020 (REK).
February 19, 2020 Opinion or Order Filing 94 *RESPONSE re: #82 Notice (Other) RESPONSE AND OBJECTION TO REPORT OF KIMBERLY FRIDAY, COURT APPOINTED TEMPORARY RECEIVER, DATED FEBRUARY 10, 2020 by Defendants Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Exhibit Declaration)(Silver, Leon) *Modified to remove previously terminated party as a filer on 2/20/2020 (REK).
February 18, 2020 Opinion or Order Filing 93 *NOTICE of Errata re: #92 Amended Answer to Complaint, Answer to Amended Complaint by Defendants Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Exhibit Corrected Amended Answer, #2 Exhibit Redline)(Silver, Leon) *Modified to remove previously terminated party as a filer on 2/19/2020 (REK).
February 18, 2020 Opinion or Order Filing 92 *AMENDED ANSWER to #35 Amended Complaint, #3 Complaint by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC.(Silver, Leon) *Modified to correct event and to remove previously terminated party as a filer on 2/19/2020 (REK).
February 14, 2020 Opinion or Order Filing 91 TRANSCRIPT REQUEST by Federal Trade Commission for proceedings held on February 12, 2020, Judge Dominic W Lanza hearing judge(s). (Mendelson, Evan)
February 13, 2020 Opinion or Order Filing 90 TRANSCRIPT REQUEST for February 12, 2020 Preliminary Injunction Hearing by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC for proceedings held on February 12, 2020, Judge Dominic W Lanza hearing judge(s). (Silver, Leon)
February 12, 2020 Opinion or Order Filing 89 Exhibit List by Scott A Harris, James D Noland, Jr., Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated and Success By Media LLC. (MAW)
February 12, 2020 Opinion or Order Filing 88 *Exhibit List by Federal Trade Commission. (MAW) *Modified file date from 2/13/2020 to 2/12/2020; NEF regenerated on 2/13/2020 (CEI).
February 12, 2020 Opinion or Order Filing 87 Witness List by Scott A Harris, James D Noland, Jr., Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated and Success By Media LLC. (MAW)
February 12, 2020 Opinion or Order Filing 86 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Preliminary Injunction Hearing held on 2/12/2020. Defendants' Motion to Supplement the Record (Doc. #85 ) is discussed and is granted. Evidence entered. IT IS ORDERED taking this matter under advisement [see attached minute entry for details] (Court Reporter Candy Potter) Hearing held 9:31 AM to 2:59 PM.(MAW)
February 11, 2020 Opinion or Order Filing 85 * MOTION to Supplement The Record by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Exhibit A TRO Effects, #2 Exhibit B Earnings, #3 Exhibit C FB Post, #4 Exhibit D Summary)(Silver, Leon) *Modified to correct filers on 2/12/2020 (GMP).
February 11, 2020 Opinion or Order Filing 84 ORDER: Upon agreement of counsel, IT IS ORDERED permitting witness Roshni Agarwal to testify telephonically at the hearing set on February 12, 2020. The witness is directed to call (866) 390-1828; Access code: 9667260. Counsel are to advise the witness that cell phones and speaker phones are not permitted. Counsel are directed to advise the Court when the hearing convenes on February 12, 2020, approximately what time the witness will be called to testify in order for court staff to set up the bridge line. Ordered by Judge Dominic W Lanza on 2/11/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
February 11, 2020 Opinion or Order Filing 83 ORDER: IT IS ORDERED that Defendants' motion for leave to present live testimony (Doc. #56 ) is denied as moot to the extent it seeks an order compelling the FTC to make its witnesses available at the preliminary injunction hearing. Likewise, the FTC's request to make Noland available for cross-examination (Doc. #74 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 2/11/20. (MAW)
February 11, 2020 Opinion or Order Remark: Pro hac vice motion(s) granted for Damon WD Wright on behalf of Defendants Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, and Success By Media LLC. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS)
February 10, 2020 Opinion or Order Filing 82 NOTICE re: Notice of Filing Temporary Receiver's Report by Kimberly Friday re: #38 Order . (Attachments: #1 Exhibit A)(Stapleton, Warren)
February 10, 2020 Opinion or Order Filing 81 REPLY in Support re: #7 Ex Parte Motion for Temporary Restraining Order by Plaintiff Federal Trade Commission. (Attachments: #1 Affidavit Declaration of Amanda Wilson, #2 Affidavit Declaration of Adam Rottner, #3 Affidavit Declaration of Jonathan Ware, #4 Affidavit Declaration of Jaime Marquez, #5 Text of Proposed Order) (DXD)
February 10, 2020 Opinion or Order Filing 80 ORDER: IT IS ORDERED that the FTC's motion to exceed page limitation (Doc. #78 ) is granted. The Clerk of Court is directed to file the document lodged at Doc. 79. Ordered by Judge Dominic W Lanza on 2/10/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
February 10, 2020 Opinion or Order Filing 79 **FILED at Doc. #81 ** LODGED Proposed Reply and Supplemental Response in Support of FTC's Request for Equitable Relief re: #78 MOTION for Leave to File Excess Pages. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Federal Trade Commission. (Attachments: #1 Affidavit Declaration of Amanda Wilson, #2 Affidavit Declaration of Adam Rottner, #3 Affidavit Declaration of Jonathan Ware, #4 Affidavit Declaration of Jaime Marquez, #5 Text of Proposed Order)(Ware, Jonathan) Modified on 2/10/2020 (DXD).
February 10, 2020 Opinion or Order Filing 78 MOTION for Leave to File Excess Pages by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Ware, Jonathan)
February 10, 2020 Opinion or Order Filing 77 NOTICE TO PARTY OF DEFICIENCY RE: CORPORATE DISCLOSURE STATEMENT: Pursuant to FRCiv 7.1 and LRCiv 7.1.1 the attached Corporate Disclosure Statement form must be filed by all nongovernmental corporate parties with their first appearance. A supplemental statement must be filed upon any change in the information. In addition, if not already filed, the Corporate Disclosure Statement should be filed within 14 days. Corporate Disclosure Statement Deadline set as to Success By Media Holdings Incorporated and Success By Media LLC. (MAW)
February 7, 2020 Opinion or Order Filing 76 RESPONSE and OBJECTION re: #7 Ex Parte Motion for Temporary Restraining Order with Asset Freeze, Appointment of Temporary Receiver, Limited Expedited Discovery, and Other Equitable Relief #8 Memorandum in Support by Defendants Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Exhibit)(REK)
February 7, 2020 Opinion or Order Filing 75 ORDER: IT IS ORDERED that Defendants motion to exceed page limitation (Doc. #71 ) is granted. The Clerk of Court is directed to file the motion lodged at Doc. #72 . Ordered by Judge Dominic W Lanza.(TCA)(This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.)
February 7, 2020 Opinion or Order Filing 74 RESPONSE to Motion re: #56 MOTION For Leave To Present Live Testimony At Preliminary Injunction Hearing filed by Federal Trade Commission. (Mendelson, Evan)
February 6, 2020 Opinion or Order Filing 73 *SUPPLEMENT re: #57 MOTION for Leave to Present Live Testimony at Preliminary Injunction Hearing Defendant's Second Supplement Regarding Motion For Leave To Present Live Testimony At Preliminary Injunction Hearing re: #57 Order, #62 Order by Defendants Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Silver, Leon) *Modified to add document link and remove previously terminated party as a filer on 2/7/2020 (REK).
February 6, 2020 Opinion or Order Filing 72 *Filed at #76 per 75 Order*LODGED Proposed Response and Objection to FTC's Ex Parte Motion for Temporary Restraining Order With Asset Freeze, Appointment of Temporary Receiver, Limited Expedited Discovery, and Other Equitable Relief re: #7 SEALED MOTION for Temporary Restraining Order SEALED MOTION to Appoint Receiver SEALED MOTION for Limited Expedited Discovery, and Other Equitable Relief. Document to be filed by Clerk if Motion or Stipulation for Leave to File or Amend is granted. Filed by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Exhibit Declaration of J. Noland)(Silver, Leon) *Modified to remove previously terminated party as a filer on 2/7/2020 (REK). Modified on 2/7/2020 (REK).
February 6, 2020 Opinion or Order Filing 71 *MOTION for Leave to File Excess Pages filed by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order)(Silver, Leon) *Modified on 2/7/2020 to correct event type (MSA). *Modified to remove previously terminated party as a filer on 2/7/2020 (REK).
February 6, 2020 Opinion or Order Filing 70 *ANSWER to #3 Complaint, #35 Amended Complaint , ANSWER to #3 Complaint, #35 Amended Complaint by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC.(Silver, Leon) *Modified to remove previously terminated party as a filer on 2/7/2020 (REK).
February 5, 2020 Opinion or Order Filing 69 ORDER granting MOTION. FURTHER ORDERED that pursuant to LRCiv. 42.1 and Federal Rule of Civil Procedure 42(a), the Court hereby transfers FTC v. Netforce Seminars, et al., Case No. CV-00-02260-PHX- FJM, to the Honorable Dominic W. Lanza. All future filings shall bear the following case caption: CV-00-02260-PHX-DWL. Signed by Senior Judge Frederick J Martone on 2/5/20. Associated Cases: 2:00-cv-02260-FJM, 2:20-cv-00047-DWL.(EJA)
February 5, 2020 Opinion or Order Filing 68 ORDER: IT IS ORDERED that the parties' stipulation (Doc. #67 ) is granted. Defendants shall have until to 5:00 p.m. on February 6, 2020, to file their responsive pleadings or motion, and any responses to currently outstanding motions. Plaintiff shall file any responsive or supplemental pleading at or before 5:00 p.m. on February 10, 2020. Ordered by Judge Dominic W Lanza on 2/5/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
February 4, 2020 Opinion or Order Filing 67 Joint MOTION for Extension of Time to File Responsive Pleadings, MOTION for Extension of Time to File Response/Reply as to #52 Order on Motion to Continue by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order)(Silver, Leon)
January 31, 2020 Opinion or Order Filing 66 ORDER: IT IS ORDERED that the Receiver's Petition No. 1 (Doc. #65 ) is granted and the Receiver is authorized to make the payments set forth in the Petition. Signed by Judge Dominic W Lanza on 1/31/20. (MAW)
January 31, 2020 Opinion or Order Filing 65 MOTION Pay Certain Payroll, Rent, and Utility Obligations The Temporary Receiver's Unopposed Petition No. 1 to Pay Certain Payroll, Rent, and Utility Obligations by Kimberly Friday. (Attachments: #1 Exhibit A and B, #2 Text of Proposed Order Order Granting The Temporary Receiver's Unopposed Petition No. 1 to Pay Certain Payroll, Rent, and Utility Obligations)(Stapleton, Warren)
January 31, 2020 Opinion or Order Filing 64 ORDER granting #60 Motion to Withdraw. David G. Eisenstein is withdrawn as counsel of record for Defendants Success By Media Holdings, Inc. and Success By Media LLC in this matter. Signed by Judge Dominic W Lanza on 1/31/20. (EJA)
January 31, 2020 Opinion or Order Filing 62 ORDER: IT IS ORDERED that Defendants' motion to extend the deadline to provide supplemental information (Doc. #61 ) is granted. Defendants shall have until February 6, 2020 to provide the information required by section XXX of the TRO. The deadline for the FTC's response to Defendants' motion to present live testimony, which was previously set as February 7, 2020 (Doc. 52 at 2), will be extended to 1:00 p.m. on February 10, 2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/31/20. (MAW)
January 30, 2020 Opinion or Order Filing 61 SUPPLEMENT TO MOTION FOR LEAVE TO PRESENT LIVE TESTIMONY AT PRELIMINARY INJUNCTION HEARING AND MOTION FOR ADDITIONAL TIME TO FILE SAME re: #56 MOTION For Leave To Present Live Testimony At Preliminary Injunction Hearing by Defendants Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Silver, Leon)
January 30, 2020 Opinion or Order Filing 60 MOTION to Withdraw as Attorney by Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order Proposed Order permitting withdrawal of counsel)(Eisenstein, David)
January 30, 2020 Opinion or Order Filing 59 ORDER: IT IS ORDERED that Defendants' emergency motion for leave to take limited expedited discovery (Doc. #53 ) is granted in part and denied in part [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/30/20. (MAW)
January 29, 2020 Opinion or Order Filing 58 RESPONSE in Opposition re: #53 Emergency MOTION for Discovery For Leave to Take Limited Expedited Discovery filed by Federal Trade Commission. (Attachments: #1 Affidavit of Evan M. Mendelson, Esq., #2 Exhibit 1, #3 Exhibit 2)(Ware, Jonathan)
January 29, 2020 Opinion or Order Filing 57 ORDER: The Court has received Defendants' motion for leave to present live testimony at the preliminary injunction hearing scheduled for February 12, 2020. (Doc. #56 .). IT IS ORDERED that Defendants submit supplemental briefing providing the information required by section XXX of the TRO. Such supplementation must be provided by January 30, 2020 [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/29/20. (MAW)
January 29, 2020 Opinion or Order Filing 56 MOTION For Leave To Present Live Testimony At Preliminary Injunction Hearing by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order)(Silver, Leon)
January 29, 2020 Opinion or Order Filing 55 NOTICE of Service of Discovery filed by James D Noland, Jr. (Silver, Leon)
January 28, 2020 Opinion or Order Filing 54 ORDER: The Court is in receipt of Defendants' Emergency Motion for Leave to Take Limited Expedited Discovery (Doc. 53). IT IS ORDERED directing Plaintiff to file a response no later than 5:00 p.m., 1/29/2020. No reply will be permitted. Ordered by Judge Dominic W Lanza on 1/28/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
January 28, 2020 Opinion or Order Filing 53 Emergency MOTION for Discovery For Leave to Take Limited Expedited Discovery by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Exhibit A, #2 Text of Proposed Order)(Silver, Leon)
January 27, 2020 Opinion or Order Filing 52 ORDER granting #43 Motion to Continue. The parties shall appear before this Court in Courtroom 601, Sandra Day O'Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003, on February 12, 2020, at 9:30 a.m. for a full-day hearing regarding Plaintiff's application for Preliminary Injunction [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/27/20. (MAW)
January 24, 2020 Opinion or Order Filing 63 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EX PARTE HEARING proceedings held on 01/09/2020, before Judge DOMINIC W. LANZA. [Court Reporter: Candy L. Potter, RMR, CRR, Telephone number (602) 322-7246]. The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/14/2020. Redacted Transcript Deadline set for 2/24/2020. Release of Transcript Restriction set for 4/23/2020. (RAP)
January 24, 2020 Opinion or Order Filing 51 NOTICE re: Joint Notice Regarding Availability for Preliminary Injunction Hearing on February 12, 2020 by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC re: #50 Order, Terminate Hearings . (Silver, Leon)
January 24, 2020 Opinion or Order Filing 50 ORDER: IT IS ORDERED directing counsel to file a Notice with the Court no later than Noon, January 27, 2020, advising the Court which dates will work for all counsels' schedules. IT IS FURTHER ORDERED vacating Order to Show Cause Hearing set on January 27, 2020, at 9:30 a.m. [see attached Order for details] Signed by Judge Dominic W Lanza on 1/24/20. (MAW)
January 24, 2020 Opinion or Order Filing 49 SERVICE EXECUTED filed by Federal Trade Commission: Rule 4 Waiver of Service of Summons. Waiver sent on January 21, 2020 to Thomas G. Sacca . (Mendelson, Evan)
January 24, 2020 Opinion or Order Filing 48 SERVICE EXECUTED filed by Federal Trade Commission: Proof of Service re: Complaint and Temporary Restraining Order upon Success By Media LLC on January 14, 2020. (Mendelson, Evan)
January 24, 2020 Opinion or Order Filing 47 SERVICE EXECUTED filed by Federal Trade Commission: Affidavit of Service re: Complaint and Temporary Restraining Order upon Scott A. Harris on January 13, 2020. (Mendelson, Evan)
January 24, 2020 Opinion or Order Filing 46 SERVICE EXECUTED filed by Federal Trade Commission: Proof of Service re: Complaint and Temporary Restraining Order upon Success By Media Holdings Inc. on January 13, 2020. (Mendelson, Evan)
January 24, 2020 Opinion or Order Filing 45 SERVICE EXECUTED filed by Federal Trade Commission: Proof of Service re: Complaint and Temporary Restraining Order upon Lina Noland on January 13, 2020. (Mendelson, Evan)
January 24, 2020 Opinion or Order Filing 44 SERVICE EXECUTED filed by Federal Trade Commission: Proof of Service re: Complaint and Temporary Restraining Order upon James D. Noland, Jr. on January 13, 2020. (Mendelson, Evan)
January 24, 2020 Opinion or Order Filing 43 *STIPULATION to Continue Preliminary Injunction Hearing Set for January 27, 2020 by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Text of Proposed Order)(Silver, Leon) *Modified to correct event type on 1/27/2020 (EJA).
January 22, 2020 Opinion or Order Filing 42 TRANSCRIPT REQUEST by Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC for proceedings held on January 9, 2020, Judge Dominic W Lanza hearing judge(s). (Silver, Leon)
January 21, 2020 Opinion or Order Filing 41 NOTICE of Appearance by Leon Benjamin Silver on behalf of Scott A Harris, James D Noland, Jr, Lina Noland, Thomas G Sacca, Jr, Thomas G Sacca, Success By Media Holdings Incorporated, Success By Media LLC. (Silver, Leon)
January 17, 2020 Opinion or Order Filing 40 MOTION to Transfer Related Case by Federal Trade Commission. (Attachments: #1 Text of Proposed Order) (Associated Cases: CV-00-2260-PHX-RCB-FJM,CV-20-0047-PHX-DWL) (Ware, Jonathan)
January 17, 2020 Opinion or Order Filing 39 SUMMONS Submitted by Federal Trade Commission. (Mendelson, Evan)
January 17, 2020 Opinion or Order Filing 38 AMENDED ORDER: IT IS ORDERED that, pursuant to Fed. R. Civ. P. 65(b), the parties shall appear before this Court in Courtroom 601, Sandra Day O'Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003, on January 27, 2020, at 9:30 a.m. (Arizona time) for a hearing to show cause, if there is any, why this Court should not enter a preliminary injunction, pending final ruling on the Complaint against Defendants, enjoining the violations of the law alleged in the Complaint, continuing the freeze of their Assets, continuing the receivership, and imposing such additional relief as may be appropriate [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/13/20. (MAW)
January 17, 2020 Opinion or Order Filing 37 ORDER: IT IS ORDERED that the FTC's motion to apply the TRO to Thomas G. Sacca and lift it from Thomas G. Sacca, Jr., (Doc. #36 ) is granted. An amended temporary restraining order reflecting this change will be issued under separate order. All deadlines contained in the amended TRO will run from the date the TRO was originally entered [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/17/20. (MAW)
January 17, 2020 Opinion or Order Filing 36 MOTION for Temporary Restraining Order as to Thomas G. Sacca by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Mendelson, Evan)
January 17, 2020 Opinion or Order Filing 35 AMENDED COMPLAINT for Permanent Injunction and Other Equitable Relief against Scott A Harris, James D Noland, Jr, Lina Noland, Success By Media Holdings Incorporated, Success By Media LLC, Thomas G Sacca filed by Federal Trade Commission. (Attachments: #1 Affidavit Certificate of Service)(Mendelson, Evan)
January 17, 2020 Opinion or Order Filing 34 NOTICE of Filing Amended Pleading pursuant to LRCiv 15.1(b) by Federal Trade Commission Notice of Filing Amended Complaint. (Attachments: #1 Exhibit Amended Complaint (Redline))(Mendelson, Evan)
January 16, 2020 Opinion or Order Filing 33 ORDER: IT IS ORDERED that the Corporate Defendants' motion to modify (Doc. #22 ) is denied [see attached Order for details]. Signed by Judge Dominic W Lanza on 1/16/20. (MAW)
January 16, 2020 Opinion or Order Filing 32 REPLY to Response to Motion re: #22 SEALED MOTION to Amend/Correct filed by Success By Media Holdings Incorporated, Success By Media LLC. (Attachments: #1 Affidavit David G. Eisenstein, Esq., #2 Appendix, #3 Exhibit)(Eisenstein, David)
January 16, 2020 Opinion or Order Filing 31 ORDER: IT IS ORDERED that Defendants Success By Media Holdings, Inc. and Success By Media LLC's motion to extend time (Doc. #29 ) is granted. The deadline to reply is extended to 4:00 p.m. (Arizona time) on 1/16/2020. Ordered by Judge Dominic W Lanza on 1/16/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW)
January 16, 2020 Opinion or Order Filing 30 NOTICE of Errata by Defendants Success By Media Holdings Incorporated, Success By Media LLC.. (Eisenstein, David)
January 16, 2020 Opinion or Order Filing 29 First MOTION to Continue TimeForFilingReply by James D Noland, Jr. (Eisenstein, David)
January 16, 2020 Opinion or Order Filing 28 NOTICE of Appearance by Warren John Stapleton on behalf of Kimberly Friday. (Stapleton, Warren)
January 16, 2020 Opinion or Order Filing 27 ORDER - IT IS ORDERED granting the FTC's motion to unseal. (Doc. #24 .) The docket and entire file in this case is to be unsealed. (See document for complete details). Signed by Judge Dominic W Lanza on 1/15/20. (SLQ)
January 15, 2020 Opinion or Order Filing 26 SEALED RESPONSE to Motion re: #22 SEALED MOTION to Modify by Federal Trade Commission. (Attachments: #1 Exhibit)(SLQ)
January 15, 2020 Opinion or Order Filing 25 SEALED ORDER - Accordingly, IT IS ORDERED that the Defendants may file an expedited reply to the FTCs response by 12:00 p.m. (Arizona time) on January 16, 2020. (See document for complete details). Signed by Judge Dominic W Lanza on 1/15/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware, Defense counsel David Eisenstein). (SLQ)
January 15, 2020 Opinion or Order Filing 24 SEALED MOTION to Unseal Docket and Entire File by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(SLQ)
January 15, 2020 Opinion or Order Filing 23 SEALED ORDER - Accordingly, IT IS ORDERED that the FTC file an expedited response to Defendants' motion to modify (Doc. #22 ) today, January 15, 2020, by 4:00 p.m. (Arizona time). (See document for complete details). Signed by Judge Dominic W Lanza on 1/15/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware, Defense counsel David Eisenstein). (SLQ)
January 14, 2020 Opinion or Order Filing 22 SEALED MOTION to Modify Amended TRO Pursuant to Rule 65(b)(2) of the Federal Rules of Civil Procedure by Success By Media Holdings Incorporated, Success By Media LLC. (SLQ)
January 13, 2020 Opinion or Order Filing 21 *AMENDED by Doc. #38 * AMENDED SEALED ORDER regarding ex parte Motion for Temporary Restraining Order (doc. #7 ) - IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), the parties shall appear before this Court in Courtroom 601, Sandra Day O'Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003, on January 27, 2020, at 9:30 a.m. (Arizona time) for a hearing to show cause. See document for complete details. Signed by Judge Dominic W Lanza on 1/13/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware). (SLQ) Modified text on 1/14/2020 (SLQ). Modified on 1/17/2020 (MAW).
January 13, 2020 Opinion or Order Filing 20 *AMENDED by #21 * AMENDED SEALED ORDER regarding the ex parte Motion for Temporary Restraining Order (doc. #7 ) - IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), the parties shall appear before this Court in Courtroom 601, Sandra Day O'Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003, on January 27, 2020, at 9:30 a.m. (Arizona time) for a hearing to show cause. See document for complete details. Signed by Judge Dominic W Lanza on 1/13/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware). (SLQ) Modified text on 1/14/2020 (SLQ).
January 13, 2020 Opinion or Order Filing 19 *AMENDED by #20 * SEALED ORDER regarding the ex parte Motion for Temporary Restraining Order (doc. #7 ) - IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), the parties shall appear before this Court in Courtroom 601, Sandra Day O'Connor United States Courthouse, 401 W. Washington Street, Phoenix, Arizona 85003, on January 27, 2020, at 9:30 a.m. (Arizona time) for a hearing to show cause. See document for complete details. Signed by Judge Dominic W Lanza on 1/13/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware). (SLQ) Modified text on 1/13/2020 (SLQ). Modified text on 1/14/2020 (SLQ).
January 9, 2020 Opinion or Order Filing 18 SEALED Ex Parte Notice of Filing DVDS by Federal Trade Commission. (SLQ)
January 9, 2020 Opinion or Order Filing 17 SEALED MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: This is the time set for Ex Parte Hearing regarding Plaintiff's Motion for a Temporary Restraining Order With Asset Freeze, Appointment of Temporary Receiver, Limited Expedited Discovery and Other Equitable Relief (Doc. #7 ). Discussion held. For reasons as stated on the record, the Court will modify the proposed order as outlined by the Court. (Court Reporter Candy Potter.) Hearing held 2:35 PM to 3:23 PM. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware). (SLQ)
January 9, 2020 Opinion or Order Filing 16 ORDER - IT IS ORDERED that Plaintiff's ex parte motion to file a DVD containing audio and video files (Doc. #11 ) is granted. The Clerk of Court shall accept the DVD submitted by Plaintiff in support of its ex parte motion for temporary restraining order. Signed by Judge Dominic W Lanza on 1/9/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware). (SLQ)
January 9, 2020 Opinion or Order Filing 15 SEALED ORDER - IT IS ORDERED setting an ex parte hearing in this matter for January 9, 2020, at 2:30 p.m. Counsel for the FTC may appear in person or telephonically. Signed by Judge Dominic W Lanza on 1/9/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware). (SLQ)
January 8, 2020 Opinion or Order Filing 14 NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (SLQ) (cc: plaintiff counsel).
January 8, 2020 Opinion or Order Filing 13 This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV-20-00047-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (SLQ) (cc: plaintiff counsel).
January 8, 2020 Opinion or Order Filing 12 Summons Issued as to All Defendants on this date at the customer service counter. (SLQ)
January 8, 2020 Opinion or Order Filing 11 SEALED EX PARTE MOTION for Leave to File a DVD Containing Audio and Video Files by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(SLQ)
January 8, 2020 Opinion or Order Filing 10 SEALED Recommendations for Temporary Receiver by Federal Trade Commission. (SLQ)
January 8, 2020 Opinion or Order Filing 9 SEALED Rule 65(b)(1) Certification and Declaration of Evan M. Mendelson in Support of Plaintiff's Ex Parte Motion for Temporary Restraining Order #7 by Federal Trade Commission. (SLQ)
January 8, 2020 Opinion or Order Filing 8 SEALED Memorandum in Support of Ex Parte MOTION for Temporary Restraining Order with Asset Freeze, MOTION for Appointment of Temporary Receiver, and MOTION for Limited Expedited Discovery, and Other Equitable Relief #7 by Federal Trade Commission. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1 Part 3, #4 Exhibit 1 Part 4, #5 Exhibit 1 Part 5, #6 Exhibit 1 Part 6, #7 Exhibit 1 Part 7, #8 Exhibit 1 Part 8, #9 Exhibit 1 Part 9, #10 Exhibit 1 Part 10, #11 Exhibit 1 Part 11, #12 Exhibit 1 Part 12, #13 Exhibit 1 Part 13, #14 Exhibit 1 Part 14, #15 Exhibit 1 Part 15, #16 Exhibit 1 Part 16, #17 Exhibit 1 Part 17, #18 Exhibit 1 Part 18, #19 Exhibit 2 Part 1, #20 Exhibit 2 Part 2, #21 Exhibit 3, #22 Exhibit 4, #23 Exhibit 5, #24 Exhibit 6, #25 Exhibit 7, #26 Exhibit 8)(SLQ)
January 8, 2020 Opinion or Order Filing 7 SEALED EX PARTE MOTION for Temporary Restraining Order with Asset Freeze, MOTION for Appointment of Temporary Receiver, and MOTION for Limited Expedited Discovery, and Other Equitable Relief by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(SLQ)
January 8, 2020 Opinion or Order Filing 6 SEALED ORDER - IT IS ORDERED that FTC's ex parte motion to file a brief in excess of the local page limits #5 is granted. Signed by Judge Dominic W Lanza on 1/8/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware). (SLQ) Modified text on 1/8/2020 (SLQ).
January 8, 2020 Opinion or Order Filing 5 SEALED EX PARTE MOTION for Leave to File Brief in Excess of the Page Limit by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(SLQ)
January 8, 2020 Opinion or Order Filing 4 SUMMONS Submitted by Federal Trade Commission. (SLQ)
January 8, 2020 Opinion or Order Filing 3 COMPLAINT for Permanent Injunction and Other Equitable Relief (TRO Requested, separate motion filed) filed by Federal Trade Commission. (Attachments: #1 Civil Cover Sheet)(SLQ)
January 8, 2020 Opinion or Order Filing 2 ORDER granting #1 Motion to Seal Temporarily Seal the Docket and Entire File, and Memorandum in Support by Federal Trade Commission. This seal shall remain in effect for ten days from the entry of this Order. Signed by Judge Dominic W Lanza on 1/8/20. (cc: Plaintiff's counsel Evan Mendelson and Jonathan Ware). (SLQ)
January 8, 2020 Opinion or Order Filing 1 SEALED EX PARTE MOTION to Seal Temporarily Seal the Docket and Entire File, and Memorandum in Support by Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(SLQ)

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Search for this case: Federal Trade Commission v. Noland, et al
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Defendant: James D Noland, Jr.
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Defendant: Success By Media LLC
Represented By: David Griffith Eisenstein
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Kimberly Irene Friday
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Defendant: Success By Media Holdings Incorporated
Represented By: David Griffith Eisenstein
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Kimberly Irene Friday
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Defendant: Lina Noland
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Defendant: Thomas G. Sacca
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Defendant: Thomas G Sacca, Jr.
Represented By: Leon Benjamin Silver
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Defendant: Jay Noland
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Defendant: JD Noland
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Defendant: Scott A Harris
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Defendant: Thomas G Sacca
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Daryl M Williams
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Defendant: Success By Media Holdings Incorporated a corporation doing business as Success By Health doing business as Success By Media
Represented By: Kimberly Irene Friday
Represented By: David Griffith Eisenstein
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Defendant: Success By Media LLC a limited liability company doing business as Success By Health doing business as Success By Media
Represented By: Kimberly Irene Friday
Represented By: David Griffith Eisenstein
Represented By: Leon Benjamin Silver
Represented By: Mary Margaret Curtin
Represented By: Damon WD Wright
Represented By: Rachel Leigh Werner
Represented By: Andrew S Jacob
Represented By: Rebecca Noel Cain
Represented By: Daniel Baca Mestaz
Represented By: Daryl M Williams
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Plaintiff: Federal Trade Commission
Represented By: Evan Michael Mendelson
Represented By: Jonathan Wesley Ware
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Receiver: Kimberly Friday
Represented By: Kimberly Irene Friday
Represented By: Warren John Stapleton
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