FTC v. James Noland, Jr., et al
| ENHANCED CAPITAL FUNDING, RINPARK SA, SUCCESS BY MEDIA LLC, a limited liability company, DBA Success By Health, DBA Success By Media and SUCCESS BY MEDIA HOLDINGS INCORPORATED, DBA Success By Health, DBA Success By Media |
| SCOTT A. HARRIS, individually and as an officer of Success By Media LLC, THOMAS G. SACCA, individually and as an officer of Success By Media LLC, JAMES D. NOLAND, Jr., individually and as an officer of Success by Media Holdings Inc. and Success by Media LLC, AKA Jay Noland, AKA JD Noland and LINA NOLAND, individually and as an officer of Success by Media Holdings Inc. and Success By Media LLC |
| FEDERAL TRADE COMMISSION |
| KIMBERLY FRIDAY |
| 20-17324 |
| November 30, 2020 |
| U.S. Court of Appeals, Ninth Circuit |
| Other |
Docket Report
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This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 24 Received 6 paper copies of Answering Brief [ # 19 ] filed by FTC. [11985221] (SD) [Entered: 01/28/2021 03:49 PM] |
| Filing 23 Received 6 paper copies of Answering Brief [ # 16 ] filed by Kimberly Friday. [11983773] (SD) [Entered: 01/27/2021 04:09 PM] |
| Filing 22 Received 3 paper copies of supplemental excerpts of record [ # 17 ] in 1 volume(s) filed by Appellee Kimberly Friday. [11983314] (LA) [Entered: 01/27/2021 01:22 PM] |
| Filing 21 Filed clerk order: The answering brief [ # 19 ] submitted by FTC is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 20 ] submitted by FTC are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11981614] (LA) [Entered: 01/26/2021 11:25 AM] |
| Filing 20 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee FTC. Date of service: 01/25/2021. [11980433] [20-17324]--[COURT UPDATE: Attached corrected excerpts. 01/26/2021 by LA] (Hegedus, Mark) [Entered: 01/25/2021 03:29 PM] |
| Filing 19 Submitted (ECF) Answering Brief for review. Submitted by Appellee FTC. Date of service: 01/25/2021. [11980428] [20-17324]--[COURT UPDATE: Attached corrected brief. 01/26/2021 by LA] (Hegedus, Mark) [Entered: 01/25/2021 03:28 PM] |
| Filing 18 Filed clerk order: The answering brief [ # 16 ] submitted by Kimberly Friday is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: red. The supplemental excerpts of record [ # 17 ] submitted by Kimberly Friday are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11980325] (LA) [Entered: 01/25/2021 02:39 PM] |
| Filing 17 Submitted (ECF) supplemental excerpts of record. Submitted by Appellee Kimberly Friday. Date of service: 01/25/2021. [11980106] [20-17324] (Stapleton, Warren) [Entered: 01/25/2021 01:24 PM] |
| Filing 16 Submitted (ECF) Answering Brief for review. Submitted by Appellee Kimberly Friday. Date of service: 01/25/2021. [11980078] [20-17324] (Stapleton, Warren) [Entered: 01/25/2021 01:12 PM] |
| Filing 15 Received 6 paper copies of Opening Brief [ # 10 ] filed by Appellants. [11959827] (SD) [Entered: 01/11/2021 05:13 PM] |
| Filing 14 Received 3 paper copies of excerpts of record [ # 11 ] in 1 volume(s) filed by Appellants. [11959529] (LA) [Entered: 01/11/2021 03:29 PM] |
| Filing 13 MEDIATION ORDER FILED: This case is RELEASED from the Mediation Program. All further inquiries regarding this appeal, including request for extensions of time, should be directed to the Clerk's Office. Counsel are requested to contact the Circuit Mediator should circumstances develop that warrant settlement discussions while the appeal is pending. [11950582] (VS) [Entered: 01/04/2021 09:57 AM] |
| Filing 12 Filed clerk order: The opening brief [ # 10 ] submitted by appellants is filed. Within 7 days of the filing of this order, filer is ordered to file 6 copies of the brief in paper format, accompanied by certification (attached to the end of each copy of the brief) that the brief is identical to the version submitted electronically. Cover color: blue. The excerpts of record [ # 11 ] submitted by appellants are filed. Within 7 days of this order, filer is ordered to file 3 copies of the excerpts in paper format securely bound on the left side, with white covers. The paper copies shall be submitted to the principal office of the Clerk. [11947880] (LA) [Entered: 12/29/2020 03:41 PM] |
| Filing 11 Submitted (ECF) excerpts of record. Submitted by Appellants Scott A. Harris, James D. Noland, Jr., Lina Noland and Thomas G. Sacca. Date of service: 12/28/2020. [11946769] [20-17324] (Abney, David) [Entered: 12/28/2020 07:14 PM] |
| Filing 10 Submitted (ECF) Opening Brief for review. Submitted by Appellants Scott A. Harris, James D. Noland, Jr., Lina Noland and Thomas G. Sacca. Date of service: 12/28/2020. [11946768] [20-17324] (Abney, David) [Entered: 12/28/2020 07:11 PM] |
| Filing 9 Filed (ECF) notice of appearance of Warren John Stapleton (Osborn Maledon, PA, 2929 North Central Avenue, Suite 2100, Phoenix, AZ 85012) for Appellee Kimberly Friday. Substitution for Attorney Warren John Stapleton, Esquire for Appellee Kimberly Friday. Date of service: 12/14/2020. (Party was previously proceeding with counsel.) [11925980] [20-17324] (Stapleton, Warren) [Entered: 12/14/2020 11:06 AM] |
| Filing 8 Terminated Evan Michael Mendelson for FTC in 20-17324 (for failure to register for Appellate ECF) [11919007] (JBS) [Entered: 12/08/2020 02:11 PM] |
| Filing 7 Filed order MEDIATION (VLS): The Mediation Program of the Ninth Circuit Court of Appeals facilitates settlement while appeals are pending. See Fed. R. App. P. 33 and Ninth Cir. R. 33-1. By December 21, 2020, counsel for all parties intending to file briefs in this matter are requested to inform Roxane Ashe, Circuit Mediator, by email at [email protected], of their clients views on whether the issues on appeal or the underlying dispute might be appropriate for settlement presently or in the foreseeable future. Counsel are requested to include the Ninth Circuit case name and number in the subject line. This communication will be kept confidential, if requested, from the other parties in the case. This communication shall not be filed with the court. For more detailed information about the Mediation Program and its procedures generally, please see Mediation Program web site: www.ca9.uscourts.gov/mediation. The existing briefing schedule remains in effect. [11916428] (WL) [Entered: 12/07/2020 09:28 AM] |
| Filing 6 The Mediation Questionnaire for this case was filed on 12/03/2020. To submit pertinent confidential information directly to the Circuit Mediators, please use the following # link . Confidential submissions may include any information relevant to mediation of the case and settlement potential, including, but not limited to, settlement history, ongoing or potential settlement discussions, non-litigated party related issues, other pending actions, and timing considerations that may impact mediation efforts.[11914752]. [20-17324] (AD) [Entered: 12/04/2020 06:44 AM] |
| Filing 5 Filed (ECF) Appellants Scott A. Harris, James D. Noland, Jr., Lina Noland and Thomas G. Sacca Mediation Questionnaire. Date of service: 12/03/2020. [11914717] [20-17324] (Abney, David) [Entered: 12/03/2020 09:48 PM] |
| Filing 4 Added Attorney(s) Mark S. Hegedus for party(s) Appellee FTC, in case 20-17324. [11913534] (RR) [Entered: 12/03/2020 09:49 AM] |
| Filing 3 Filed (ECF) notice of appearance of Mark S. Hegedus (Office of the General Counsel, Federal Trade Commission, 600 Pennsylvania Ave NW, Washington, DC 20580) for Appellee FTC. Date of service: 12/03/2020. (Party was previously proceeding with counsel.) [11913355] [20-17324] (Hegedus, Mark) [Entered: 12/03/2020 07:27 AM] |
| Filing 2 Filed clerk order (Deputy Clerk: TSP): The appeal filed November 27, 2020 is a preliminary injunction appeal. Accordingly, Ninth Circuit Rule 3-3 shall apply. The mediation questionnaire is due three days after the date of this order. If they have not already done so, within 7 calendar days after the filing date of this order, the parties shall make arrangements to obtain from the court reporter an official transcript of proceedings in the district court that will be included in the record on appeal. The briefing schedule shall proceed as follows: the opening brief and excerpts of record are due not later than December 28, 2020; the answering brief is due January 25, 2021 or 28 days after service of the opening brief, whichever is earlier; and the optional reply brief is due within 21 days after service of the answering brief. See 9th Cir. R. 3-3(b). No streamlined extensions of time will be approved. See 9th Cir. R. 31- 2.2(a)(3). Any request for an extension of time to file a brief must be made by written motion under Ninth Circuit Rule 31-2.2(b). Failure to file timely the opening brief shall result in the automatic dismissal of this appeal by the Clerk for failure to prosecute. See 9th Cir. R. 42-1. [11909707] (WL) [Entered: 11/30/2020 02:56 PM] |
| Filing 1 DOCKETED CAUSE AND ENTERED APPEARANCES OF COUNSEL. SEND MQ: Yes. The schedule is set as follows: To be set. Preliminary Injunction Appeal, C.R. 3-3. [11908970] (JBS) [Entered: 11/30/2020 10:42 AM] |
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| Defendant: ENHANCED CAPITAL FUNDING | |
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| Defendant: RINPARK SA | |
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| Defendant: SUCCESS BY MEDIA LLC, a limited liability company, DBA Success By Health, DBA Success By Media | |
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| Defendant: SUCCESS BY MEDIA HOLDINGS INCORPORATED, DBA Success By Health, DBA Success By Media | |
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| Defendant / appellant: SCOTT A. HARRIS, individually and as an officer of Success By Media LLC | |
| Represented By: | David Lawrence Abney Esquire |
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| Defendant / appellant: THOMAS G. SACCA, individually and as an officer of Success By Media LLC | |
| Represented By: | David Lawrence Abney Esquire |
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| Defendant / appellant: JAMES D. NOLAND, Jr., individually and as an officer of Success by Media Holdings Inc. and Success by Media LLC, AKA Jay Noland, AKA JD Noland | |
| Represented By: | David Lawrence Abney Esquire |
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| Defendant / appellant: LINA NOLAND, individually and as an officer of Success by Media Holdings Inc. and Success By Media LLC | |
| Represented By: | David Lawrence Abney Esquire |
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| Plaintiff / appellee: FEDERAL TRADE COMMISSION | |
| Represented By: | Evan Michael Mendelson |
| Represented By: | Mark S. Hegedus Esquire |
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| Receiver: KIMBERLY FRIDAY | |
| Represented By: | Warren John Stapleton Esquire |
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