Federal Trade Commission v. Johnson et al
Plaintiff: Federal Trade Commission
Defendant: Summerset Ranch, LLC, Costnet Discounts, Inc., CPA Upsell, Inc., Optimum Assistance, Inc., Fitness For Life, Inc., Scud Runner, LLC, Kingston Enterprises LLC, Triple Seven Inc., Kombi Capital, LP, Digital Currency, LLC, Valentino Holdings LLC, Duane Fielding, Jet Processing Inc., Vanquish Enterprises LLC, Market Mastery Trading, LLC, Dreamland Capital, LLC, TranFirst, Inc., Flatline Investments, LP, Executive Service Center, LLC, Silvernix Holdings, LLC, Loyd Johnston, Mastery Merchant, LLC, SRLA, LLC, Summit Processing, Inc., Fishbrook Partners, LLC, MoneyMaker Strategies LLC, Mist Marketing, Inc., Internet Fitness, Inc., Omaha Eight, LLC, Paydirt Capital, Inc., Bottom Dollar, Inc., ScamVictim Help LLC, Net Fit Trends, Inc., C2 Holdings, LLC, TJJ Properties, LLC, eCom Success, Inc., Funding Success, Inc., IC Development, LLC, Treadstone Partners, LP, CS Processing, Inc., Monroe Processing, Inc., Network Agenda, LLC, CECJ Enterprises LLC, SpyGlass Holdings LLC, Fiscal Fidelity, Inc., TLV Enterprises, Inc., Kingfish Management, LLC, Cerberus Management LLC, Diamond J Media, Inc., Jason T. Vowell Sole Prop., Paydirt, LP, Net Business Success, Inc., Bryce Payne, EBusiness Success, Inc., Scott Muir, Net Commerce, Inc., Cloud Nine Marketing, Inc., Liahona Holdings, LP, Bumble Marketing, Inc., Xcel Processing, Inc., Online Weight Loss, Premier Performance, Inc., Lift Off Financial LLC, Zibby Flight Service, LLC, SpyGlass Enterprises LLC, Terrason Spinks, T. Vowell Sole Propietorship Capital Holding, Alpha Yankee, LLC, Net Discounts, Inc., Sharla Johnson, Powder Monkeys, LLC, Anthon Holdings Corp., Unlimited Processing, Inc., Choker Block, LLC, Revive Marketing, Inc., Funding Search Success, Inc., Woodsview Holdings, LLC, Cutting Edge Processing, Inc., Paydirt Management, Inc., Net Success, Inc., Business Loan Success, Inc., Excess Net Success, Inc., Jason Vowell, Robin V. Foundation Inc., Lifestyles For Fitness, Inc., Todd Vowell, Ryan Riddle, Valentino Properties LLC, Chateau Circle, LLC, Terrason Spinks-Jet Processing, Inc., Jeremy D. Johnson, Mountain Financial, LLC, Success Marketing, Inc., Hooper Processing, Inc., Fitness Processing, Inc., Interstate Lending, LLC, Global Media 7 LLC, KB Family Limited Partnership, Sheree Vowell, GGL Rewards, Inc., Power Processing, Inc., Internet Business Source, Inc., Razor Processing, Inc., Triple Play Group, LLC, Capital Energy Corporation, Market Funding Solutions, Inc., Blue Streak Processing, Inc., Money Harvest, Inc., Taggart Management, LLC, Wealth Matters LLC, Phoenix Rising LLC, Scott Leavitt, Paydirt Properties, LLC, Kevin Pilon, Big Bucks Pro, Inc., Tran Voyage, Inc., Orange Cat Investments, LLC, Spindletop Investments, LLC, Andy Johnson, Barbara Johnson, Blue Net Progress, Inc., Flying High Enterprises, LLC, Business First, Inc., Pro Internet Services, Inc., Simcor Marketing, Inc., GG Processing, Inc., Cold Bay Media, Inc., Employee Plus, Inc., Money Master for Life, EBusiness First, Inc., Zibby, LLC, Internet Economy, Inc., KV Electric, Inc., Commerce Financial, LLC, Kerry Johnson, SRLA Association, LLC, KATTS, LLC, Bolt Marketing, Inc., ePayment Solutions, LLC, Elite Debit, Inc., New Horizon Finance, Inc., Triple Seven, LLC/LP, I Works, Inc., Highlight Marketing, Inc., Rebate Deals, Inc. and JRB Media, Inc.
Petitioner: Cache Valley Bank, Paradise Ranch Development, LLC, Jason Rushton and Richard H. Casper
Intervenor: Federal Deposit Insurance Corporation - R, Iprerogative, LLC, Trigger, LLC, SunFirst Bank, SLI, LLC, Rotortrends, LLC and United States of America
Interested Party: Liahona Academy for Youth, LLC, Bank of Utah, Phillip Gubler, Virgin Properties, LLC, Executive Auto Group, Inc., John Hafen, Lilhaf Holdings, LLC, Todd L Vowell, Tiburon Enterprises, LLC and Executive Car Sales, Inc.
Intervenor Defendant: Bank of America, N.A.
Receiver: FDIC and Robb Evans
Claimant: 249 Investors, LLC
Case Number: 2:2010cv02203
Filed: December 20, 2010
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Miranda M Du
Referring Judge: George Foley
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 0045 Federal Trade Commission Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 24, 2023 Opinion or Order Filing 2075 ORDER GRANTING MOTION TO LIFT STAY, ECF No. #2074 - Signed by Chief Judge Miranda M. Du on 3/24/2023.(Copies have been distributed pursuant to the NEF - CJS)
March 22, 2023 Opinion or Order Filing 2074 MOTION to Lift Stay of Case re #686 Order on Stipulation by Movant 435 Funding, LLC. Responses due by 4/5/2023. (Attachments: #1 Proposed Order [Proposed] Order Granting Motion to Lift Stay)(Milne, Eli)
October 4, 2021 Opinion or Order Filing 2073 ORDER granting ECF No. #2068 Wind Up Motion for Order Approving Final Report and Accounting;... (See pdf order for details and specifics.) Signed by Chief Judge Miranda M. Du on 10/4/2021. (Copies have been distributed pursuant to the NEF - DRM)
September 2, 2021 Opinion or Order Filing 2072 Submission of PROPOSED ORDER on #2068 Motion,, by Receiver Robb Evans. (Lynch, Michael)
September 2, 2021 Opinion or Order Filing 2071 NOTICE of Filing Motion for Order Approving Final Report and Accounting; Final Request for Approval and Payment of Receiver's and Professionals' Fees and Costs from July 1, 2018 Through Closing; For Disposition of Certain Real Property; For Distribution of Remaining Funds to the FTC and Related Relief; And Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof by Robb Evans re #2068 Motion,, #2069 Declaration, #2070 Declaration,. (Lynch, Michael)
September 2, 2021 Opinion or Order Filing 2070 DECLARATION of GARY OWEN CARIS re #2068 Motion,, by Receiver Robb Evans. (Attachments: #1 Exhibit Ex. 1 Barnes & Thornburg LLP billing records, #2 Exhibit Ex. 2 Kolesar & Leatham's billing records, #3 Exhibit Ex. 3 Hatch, James & Dodge's billing records) (Lynch, Michael)
September 2, 2021 Opinion or Order Filing 2069 DECLARATION of BRICK KANE re #2068 Motion,, by Receiver Robb Evans. (Attachments: #1 Exhibit Ex. 1 Receiver's Receivership Administrative Expenses and Fund Balance, #2 Exhibit Ex. 2 Receiver's Fees and Expenses, #3 Exhibit Ex. 3 Agreement re Aptos Property) (Lynch, Michael)
September 2, 2021 Opinion or Order Filing 2068 MOTION and Notice of Motion for Order Approving Final Report and Accounting; Final Request for Approval and Payment of Receiver's and Professionals' Fees and Costs from July 1, 2018 Through Closing; For Disposition of Certain Real Property; For Distribution of Remaining Funds to the FTC and Related Relief; And Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof (with Certificate of Service) by Receiver Robb Evans. Responses due by 9/16/2021. (Lynch, Michael)
May 21, 2021 Opinion or Order Filing 2067 ORDER Exonerating Bond - The ten thousand-dollar ($10,000) surety bond posted in this matter is fully exonerated. Signed by Chief Judge Miranda M. Du on 5/21/2021. (Copies have been distributed pursuant to the NEF - SC)
October 20, 2020 Opinion or Order Filing 2066 ORDER granting ECF No. #2065 Motion to Substitute Attorney. Michael F. Lynch as attorney of record in place and stead of Randolph L. Howard. Signed by Chief Judge Miranda M. Du on 10/20/2020. (Copies have been distributed pursuant to the NEF - AB)
October 20, 2020 Opinion or Order Filing 2065 STIPULATION/MOTION to Substitute Attorney Michael F. Lynch in for Attorney Randolph L. Howard, Scott Flemming, Bart Larson, and Shlomo Sherman by Receiver Robb Evans. (Lynch, Michael)
October 24, 2019 Opinion or Order Filing 2064 ORDER granting ECF No. #2048 Motion for Disbursement of Funds. The distribution motion and all relief sought therein is granted; without limiting the generality of the foregoing, the Receiver may immediately make an interim distribution of $13.7 million to the Plaintiff, Federal Trade Commission, from the assets on hand in the receivership estate for the purpose of commencing consumer redress. Signed by Chief Judge Miranda M. Du on 10/24/2019. (Copies have been distributed pursuant to the NEF - PAV)
October 24, 2019 Opinion or Order Filing 2063 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 10/24/2019. By Deputy Clerk: Peggie Vannozzi. Defendant Sharla Johnson's primary opposition (ECF No. #2052 ) to the Receiver's motion for order authorizing interim distribution (ECF No. #2048 ) is that the Court has not approved the Closing Agreement on Final Determination Covering Specific Matters ("Closing Agreement"). The Receiver then moved for such approval (ECF No. #2059 ), which the Court granted (ECF No. #2062 ). Accordingly, the Court grants the Receiver's motion for order authorizing interim distribution (ECF No. #2048 .) (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
October 24, 2019 Opinion or Order Filing 2062 ORDER granting #2056 Receiver's motion for order approving closing agreement on final determination covering specific matters and providing that Sharla Johnson may not require that any assets of the receivership estate be set aside to satisfy her federal tax liability. See the order for specifics. Signed by Chief Judge Miranda M. Du on 10/24/2019. (Copies have been distributed pursuant to the NEF - PAV)
October 24, 2019 Opinion or Order Filing 2061 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Miranda M. Du on 10/24/2019. Good cause appearing, Receiver's Request for Judicial Notice in Support of Motion for Order Approving Closing Agreement on Final Determination Covering Specific Matters and Providing That Sharla Johnson May Not Require That Any Assets of the Receivership Estate Be Set Aside to Satisfy Her Federal Tax Liability re #2056 Motion (ECF No. #2058 ) is granted. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 19, 2019 Opinion or Order Filing 2060 CERTIFICATE OF SERVICE for #2057 Declaration, #2059 Proposed Order Submission, #2056 Motion, #2058 Motion,, by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Fleming, Scott)
September 19, 2019 Opinion or Order Filing 2059 Submission of PROPOSED ORDER on #2056 Motion, by Receiver Robb Evans. (Fleming, Scott)
September 19, 2019 Opinion or Order Filing 2058 MOTION Request for Judicial Notice in Support of Motion for Order Approving Closing Agreement on Final Determination Covering Specific Matters and Providing That Sharla Johnson May Not Require That Any Assets of the Receivership Estate Be Set Aside to Satisfy Her Federal Tax Liability re #2056 Motion, by Receiver Robb Evans. Responses due by 10/3/2019. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Fleming, Scott)
September 19, 2019 Opinion or Order Filing 2057 DECLARATION of Brick Kane re #2056 Motion, by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Fleming, Scott)
September 19, 2019 Opinion or Order Filing 2056 MOTION Notice of Motion and Motion for Order Approving Closing Agreement on Final Determination Covering Specific Matters and Providing That Sharla Johnson May Not Require That Any Assets of the Receivership Estate Be Set Aside to Satisfy Her Federal Tax Liability by Receiver Robb Evans. Responses due by 10/3/2019. (Fleming, Scott)
August 20, 2019 Opinion or Order Filing 2055 CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #2054 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. (no image attached) (WJ)
August 19, 2019 Opinion or Order Filing 2054 CERTIFICATE OF SERVICE for #2053 Reply by Receiver Robb Evans. (Larsen, Bart) Modified on 8/20/2019 add link to motion #2048 (WJ).
August 19, 2019 Opinion or Order Filing 2053 REPLY to Response to #2048 Motion for Disbursement of Funds, by Receiver Robb Evans. (Larsen, Bart)
August 12, 2019 Opinion or Order Filing 2052 RESPONSE to #2048 Motion for Disbursement of Funds, by Defendant Sharla Johnson. Replies due by 8/19/2019. (Porter, Karra)
July 29, 2019 Opinion or Order Filing 2051 CERTIFICATE OF SERVICE for #2048 Motion for Disbursement of Funds, by Receiver Robb Evans. (Larsen, Bart)
July 29, 2019 Opinion or Order Filing 2050 Submission of PROPOSED ORDER on #2048 Motion for Disbursement of Funds, by Receiver Robb Evans. (Larsen, Bart)
July 29, 2019 Opinion or Order Filing 2049 DECLARATION of Brick Kane in Support of Motion for Order Authorizing Interim Distribution to Federal Trade Commission and Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors re #2048 Motion for Disbursement of Funds, by Receiver Robb Evans. (Larsen, Bart)
July 29, 2019 Opinion or Order Filing 2048 MOTION for Disbursement of Funds Notice of Motion and Motion for Order Authorizing Interim Distribution to Federal Trade Commission and Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 8/12/2019. (Larsen, Bart)
January 24, 2019 Opinion or Order Filing 2047 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du on 1/24/2019. The court currently has custody of exhibits in this action. It has been determined these exhibits can be returned to the parties. IT IS ORDERED that the parties have 21 days from the date of this order to claim the exhibits from the clerk under Local Rule 79-1 or exhibits shall be destroyed. Please contact the Clerk's Office in Reno at (775) 686-5800 to make arrangements to have the exhibits picked up or said exhibits shall be destroyed by the court. Deadline to return exhibits set for 2/14/2019. (no image attached) (Copies have been distributed pursuant to the NEF - DRM)
November 19, 2018 Opinion or Order Filing 2046 ORDER granting ECF No. #2039 Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Costs from August 1, 2017 through June 30, 2018; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 11/19/2018. (Copies have been distributed pursuant to the NEF - LH)
October 10, 2018 Opinion or Order Filing 2045 CERTIFICATE OF SERVICE for #2039 Motion, by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Larsen, Bart)
October 9, 2018 Opinion or Order Filing 2044 Submission of PROPOSED ORDER on #2039 Motion, by Receiver Robb Evans. (Larsen, Bart)
October 9, 2018 Opinion or Order Filing 2043 APPENDIX of Exhibits in Support of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Costs from August 1, 2017 through June 30, 2018; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors to #2039 Motion, by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6) (Larsen, Bart)
October 9, 2018 Opinion or Order Filing 2042 NOTICE of Filing Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Costs from August 1, 2017 through June 30, 2018; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Robb Evans re #2039 Motion,. (Larsen, Bart)
October 9, 2018 Opinion or Order Filing 2041 DECLARATION of Gary Owen Caris re #2039 Motion, by Receiver Robb Evans. (Larsen, Bart)
October 9, 2018 Opinion or Order Filing 2040 DECLARATION of Brick Kane re #2039 Motion, by Receiver Robb Evans. (Larsen, Bart)
October 9, 2018 Opinion or Order Filing 2039 MOTION for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Costs from August 1, 2017 through June 30, 2018; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 10/23/2018. (Larsen, Bart)
November 21, 2017 Opinion or Order Filing 2038 CERTIFICATE OF SERVICE for #2037 Order on Motion to Substitute Attorney, by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Fleming, Scott)
November 21, 2017 Opinion or Order Filing 2037 ORDER granting ECF No. #2035 Motion to Substitute Attorney : Attorney Gary Owen Caris of Barnes & Thornburg LLP in the place and stead of Attorney Lesley Anne Hawes of Diamond McCarthy LLP, for Receiver Robb Evans. (Attorney Lesley Anne Hawes terminated; E-service turned off.) Signed by Magistrate Judge George Foley, Jr on 11/21/2017.(Copies have been distributed pursuant to the NEF - DRM)
November 21, 2017 Opinion or Order Filing 2036 ORDER granting ECF No. #2033 Proposed Order Submission. Signed by Judge Miranda M. Du on 11/21/2017. (Copies have been distributed pursuant to the NEF - LH)
November 20, 2017 Opinion or Order Filing 2035 MOTION to Substitute Attorney Gary Owen Caris of Barnes & Thornburg LLP in for Attorney Lesley Anne Hawes of Diamond McCarthy LLP by Receiver Robb Evans. (Fleming, Scott)
October 30, 2017 Opinion or Order Filing 2034 CERTIFICATE OF SERVICE for #2031 Appendix,, #2032 Notice (Other), #2027 Motion, #2028 Declaration, #2033 Proposed Order Submission, #2029 Declaration, #2030 Appendix,, by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Fleming, Scott)
October 30, 2017 Opinion or Order Filing 2033 Submission of PROPOSED ORDER on #2027 Motion, ; filed by Receiver Robb Evans [Proposed] Order Granting Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from January 1, 2017 through July 31, 2017; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. (Fleming, Scott)
October 30, 2017 Opinion or Order Filing 2032 NOTICE of Filing of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from January 1, 2017 through July 31, 2017; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Robb Evans re #2027 Motion,. (Fleming, Scott)
October 30, 2017 Opinion or Order Filing 2031 APPENDIX of Exhibits in Support of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from January 1, 2017 through July 31, 2017; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors [Vol. 2 of 2] to #2027 Motion, ; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15, #8 Exhibit 16, #9 Exhibit 17, #10 Exhibit 18)(Fleming, Scott)
October 30, 2017 Opinion or Order Filing 2030 APPENDIX of Exhibits in Support of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from January 1, 2017 through July 31, 2017; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors [Vol. 1 of 2] to #2027 Motion, ; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Fleming, Scott)
October 30, 2017 Opinion or Order Filing 2029 DECLARATION of Brick Kane re #2027 Motion, ; in Support of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from January 1, 2017 through July 31, 2017; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. (Fleming, Scott)
October 30, 2017 Opinion or Order Filing 2028 DECLARATION of Gary Owen Caris re #2027 Motion, ; in Support of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from January 1, 2017 through July 31, 2017; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. (Fleming, Scott)
October 30, 2017 Opinion or Order Filing 2027 MOTION Notice of Motion and Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from January 1, 2017 through July 31, 2017; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof by Receiver Robb Evans. Responses due by 11/13/2017. (Fleming, Scott)
October 4, 2017 Opinion or Order Filing 2026 ORDER granting ECF No. #2023 Motion re Sale of Belize Beach Holdings Ltd. Property. Signed by Judge Miranda M. Du on 10/3/2017. (Copies have been distributed pursuant to the NEF - DRM)
September 15, 2017 Opinion or Order Filing 2025 Submission of PROPOSED ORDER on #2023 Motion, ; filed by Receiver Robb Evans . (Fleming, Scott)
September 12, 2017 Opinion or Order Filing 2024 NOTICE of Filing of Motion for Order (1) Approving and Confirming Sale of Belize Beach Holdings Ltd. Property Without Further Notice or Overbidding and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Robb Evans re #2023 Motion,. (Fleming, Scott)
September 12, 2017 Opinion or Order Filing 2023 MOTION for Order (1) Approving and Confirming Sale of Belize Beach Holdings Ltd. Property Without Further Notice or Overbidding and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors ; Memorandum of Points and Authorities and Declaration of Kenton Johnson in Support Thereof by Receiver Robb Evans. Responses due by 9/26/2017. (Fleming, Scott)
August 24, 2017 Opinion or Order Filing 2022 ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT AS TO DEFENDANTS TERRASON SPRINKS AND JET PROCESSING, INC. See Order for specific details, information and instructions. Signed by Judge Miranda M. Du on 08/24/2017. (Copies have been distributed pursuant to the NEF - KW)
August 23, 2017 Opinion or Order Filing 2021 NOTICE of Proposed Order for Permanent Injunction and Monetary Judgment as to Defendants Terrason Spinks and Jet Processing, Inc. by Federal Trade Commission re #2020 Findings of Fact & Conclusions of Law,, Set/Reset Deadlines,. (Attachments: #1 Proposed Order)(Weinman, Dotan)
August 18, 2017 Opinion or Order Filing 2020 AMENDED FINDINGS OF FACT AND CONCLUSIONS OF LAW. The FTC has proven by a preponderance of evidence that it is entitled to a permanent injunction against Spinks and Jet Processing and a determination that the amount of consumer injury is $280,911,870 for which Spinks and Jet Processing are jointly and severally liable. Submission of Proposed Order due within 10 days. Signed by Judge Miranda M. Du on 8/16/2017. (Copies have been distributed pursuant to the NEF - KR)
August 16, 2017 Opinion or Order Filing 2019 FINDINGS OF FACT AND CONCLUSIONS OF LAW. The FTC has proven by a preponderance of evidence that it is entitled to a permanent injunction against Spinks and Jet Processing and a determination that the amount of consumer injury is $280,911,870 for which Spinks and Jet Processing are jointly and severally liable. Submission of Proposed Order due within 10 days. Signed by Judge Miranda M. Du on 8/16/2017. (Copies have been distributed pursuant to the NEF - KR)
May 31, 2017 Opinion or Order Filing 2018 ORDER granting ECF No. #2015 Motion for Order Approving Receiver's Settlement with LDS Church and Limiting Notice Under Local Rule 66-5 1F Applicable. See Order for further details and information. Signed by Judge Miranda M. Du on 05/30/2017. (Copies have been distributed pursuant to the NEF - KW)
May 10, 2017 Opinion or Order Filing 2017 NOTICE of Filing of Motion for Order Approving Receiver's Settlement With LDS Church and Limiting Notice Under Local Rule 66-5 if Applicable by Robb Evans re #2016 Declaration, #2015 Motion. (Sherman, Shlomo)
May 10, 2017 Opinion or Order Filing 2016 DECLARATION re #2015 Motion ; filed by Receiver Robb Evans. (Declaration of Brick Kane in Support of Motion for Order Approving Receiver's Settlement With LDS Church and Limiting Notice Under Local Rule 66-5 if Applicable) (Attachments: #1 Exhibit 1)(Sherman, Shlomo)
May 10, 2017 Opinion or Order Filing 2015 MOTION for Order Approving Receiver's Settlement With LDS Church and Limiting Notice Under Local Rule 66-5 if Applicable by Receiver Robb Evans. Responses due by 5/24/2017. (Attachments: #1 Proposed Order)(Sherman, Shlomo)
April 19, 2017 Opinion or Order Filing 2014 ORDER granting ECF No. #2009 Motion for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from 7/1/2016 through 12/31/2016, and Granting Relief from LR 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 4/18/2017. (Copies have been distributed pursuant to the NEF - KR)
March 23, 2017 Opinion or Order Filing 2013 NOTICE of Filing of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From July 1, 2016 Through December 31, 2016; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors by Robb Evans re #2010 Declaration, #2012 Appendix,, #2011 Declaration, #2009 Motion,. (Sherman, Shlomo)
March 23, 2017 Opinion or Order Filing 2012 APPENDIX of Exhibits in Support of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From July 1, 2016 Through December 31, 2016; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof to #2010 Declaration, #2009 Motion, #2011 Declaration, ; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 2, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14, #14 Exhibit 15, #15 Exhibit 16)(Sherman, Shlomo)
March 23, 2017 Opinion or Order Filing 2011 DECLARATION of Brick Kane in Support of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From July 1, 2016 Through December 31, 2016; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof re #2009 Motion, ; by Receiver Robb Evans. (Attachments: #1 Exhibit 1)(Sherman, Shlomo)
March 23, 2017 Opinion or Order Filing 2010 DECLARATION of Gary Owen Caris re #2009 Motion, ; for Order (1) Approving and Authorizing Payment of Receivers and Professionals Fees and Expenses From July 1, 2016 Through December 31, 2016; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof by Receiver Robb Evans. (Sherman, Shlomo)
March 23, 2017 Opinion or Order Filing 2009 MOTION [Notice of Motion and Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From July 1, 2016 Through December 31, 2016; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof] by Receiver Robb Evans. Responses due by 4/6/2017. (Attachments: #1 Proposed Order)(Sherman, Shlomo)
November 23, 2016 Opinion or Order Filing 2008 PROPOSED Findings of Fact by Defendants Jet Processing Inc., Terrason Spinks .(Porter, Karra)
November 23, 2016 Opinion or Order Filing 2007 POST TRIAL BRIEF re Consumer Harm by Defendants Jet Processing Inc., Terrason Spinks.(Porter, Karra)
November 23, 2016 Opinion or Order Filing 2006 POST TRIAL BRIEF re Liability by Defendants Jet Processing Inc., Terrason Spinks. (Attachments: #1 Exhibit A - Spinks Depo Excerpts, #2 Exhibit B - Spinks Declaration)(Porter, Karra)
November 23, 2016 Opinion or Order Filing 2005 NOTICE of Filing Deposition Designations of Samuel Jacobson by Jet Processing Inc., Terrason Spinks. (Attachments: #1 Exhibit A - Depo Designations of Samuel Jacobson)(Porter, Karra)
November 23, 2016 Opinion or Order Filing 2004 PROPOSED Findings of Fact by Plaintiff Federal Trade Commission Post Trial.(Anguizola, Roberto)
November 23, 2016 Opinion or Order Filing 2003 POST TRIAL BRIEF by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit A (Proposed Order))(Anguizola, Roberto)
November 10, 2016 Opinion or Order Filing 2002 TRANSCRIPT of Proceedings, #1996 Bench Trial,,,, held on 10-28-16, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 12/1/2016. Redacted Transcript Deadline is set for 12/11/2016. Release of the Transcript Restriction is set for 2/8/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
November 10, 2016 Opinion or Order Filing 2001 TRANSCRIPT of Proceedings, #1995 Bench Trial,,,,, held on 10-27-16, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 12/1/2016. Redacted Transcript Deadline is set for 12/11/2016. Release of the Transcript Restriction is set for 2/8/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
November 10, 2016 Opinion or Order Filing 2000 TRANSCRIPT of Proceedings, #1994 Bench Trial,, held on 10-26-16, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 12/1/2016. Redacted Transcript Deadline is set for 12/11/2016. Release of the Transcript Restriction is set for 2/8/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
November 10, 2016 Opinion or Order Filing 1999 TRANSCRIPT of Proceedings, #1989 Bench Trial,, held on 10-25-16, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, KF@nvd.uscourts.gov. Any Redaction Request is due by 12/1/2016. Redacted Transcript Deadline is set for 12/11/2016. Release of the Transcript Restriction is set for 2/8/2017. Before release date, the transcript may be viewed at the court public terminal or purchased through the reporter/transcriber. Transcript Order form is available on court website. After that date it may be obtained through the court reporter or PACER. (KF)
November 4, 2016 Opinion or Order Filing 1998 STATEMENT of Plaintiff FTC and of Defendants Terrason Spinks and Jet Processing, Inc. Regarding Disclosure of TR. Ex. 621 by Plaintiff Federal Trade Commission. (Attachments: #1 FTC Initial Disclosures, #2 IWorks Initial Disclosures, #3 FTC 2011 Production, #4 Production of TR. Ex. 621, #5 FTC Trial Exs. List, #6 FTC Revised Trial Exs. List)(Weinman, Dotan)
October 28, 2016 Opinion or Order Filing 1997 CONSOLIDATED EXHIBIT LIST for Bench trial held 10/25/2016 through 10/28/2016. (PAV)
October 28, 2016 Opinion or Order Filing 1996 MINUTES OF PROCEEDINGS - Bench Trial held on 10/28/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard and Robert Anguizola; Def Counsel: Karra Porter, Kelly Macfarlane and J.D. Lauritzen; Court Reporter/FTR #: Kathy French; Time of Hearing: 10:35 AM - 12:05 PM; Courtroom: 5; See attached minutes for specifics. Terrason Spinks is recalled. Ms. Porter examines the witness. Mr. Spinks is excused from the remainder of the trial. Ms. Guerard and Ms. Porter discuss the admission of exhibits with the Court. The Court makes rulings. It is ordered: Counsel are to file a joint statement within 7 days regarding whether exhibit 621 was disclosed in discovery. The Court will allow counsel to submit amended Findings of Fact, Conclusions of Law at the same time as post-trial briefs. Post-trial briefs will be due 14 days after the last trial transcript has been filed. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) (PAV).
October 28, 2016 Opinion or Order Filing 1995 MINUTES OF PROCEEDINGS - Bench Trial held on 10/27/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Roberto Anguizola; Def Counsel: Karra Porter, Kelly Macfarlane, J.D. Lauritzen; Court Reporter/FTR #: Kathy French; Time of Hearing: 8:35 AM - 5:30 PM; Courtroom: 5; See attached minutes for specifics. Plaintiff's witnesses: Reeve Tyndall, Terrason Spinks. Exhibits marked and admitted. Ms. Guerard and Ms. Porter place on the record that the depositions found in ECF No. #1992 are complete transcripts of witnesses, with designated portions highlighted in yellow. Exhibits mentioned in the highlighted portions of the transcripts are attached to the depositions themselves. Counsel ask the Court to accept and review ECF No. #1992 as part of the trial record of this case. Ms. Porter indicates that they will supplement ECF No. #1992 with deposition designations as to Sam Jacobson. The Court will consider the designated portions of the depositions found in ECF No. #1992 as part of the record in this case. Bench Trial set for 10/28/2016 10:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - PAV) Modified on 10/28/2016 to correct trial date in docket entry to match attachment. (PAV).
October 27, 2016 Opinion or Order Filing 1994 MINUTES OF PROCEEDINGS - Bench Trial held on 10/26/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Roberto Anguizola; Def Counsel: Karra Porter, Kelly Macfarlane, J.D. Lauritzen; Court Reporter/FTR #: Kathy French; Time of Hearing: 8:30 AM - 6:15 PM; Courtroom: 5; Please see attached minutes for specifics. Plaintiff's witnesses:Martin Elliott, Paul Paolucci, Emil George and Reeve Tyndall. Exhibits marked and admitted. Bench Trial continued to 10/27/2016 08:30 AM in Reno Courtroom 5 before Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - PAV)
October 26, 2016 Opinion or Order Filing 1993 ORDER approving ECF No. #1990 STIPULATION regarding Grant Experts by Plaintiff Federal Trade Commission. Signed by Judge Miranda M. Du on 10/26/2016. (Copies have been distributed pursuant to the NEF - PAV)
October 26, 2016 Opinion or Order Filing 1992 NOTICE FTC Deposition Designations Supplement To The PreTrial Order by Federal Trade Commission re #1960 Proposed Pretrial Order,. (Attachments: #1 Supplement Deposition Designation Bachman, #2 Supplement Deposition Designation Bauer, #3 Supplement Deposition Designation Bloom, #4 Supplement Deposition Designation Britto, #5 Supplement Deposition Designation Browning, #6 Supplement Deposition Designation Cox, #7 Supplement Deposition Designation DeWitt, #8 Supplement Deposition Designation Fielding, #9 Supplement Deposition Designation Fritzsche, #10 Supplement Deposition Designation Good, #11 Supplement Deposition Designation Gubler, #12 Supplement Deposition Designation Holdaway, #13 Supplement Deposition Designation Hong, #14 Supplement Deposition Designation Huffman, #15 Supplement Deposition Designation Jacobson, #16 Supplement Deposition Designation A Johnson, #17 Supplement Deposition Designation J Johnson, #18 Supplement Deposition Designation Kent, #19 Supplement Deposition Designation Leavitt, #20 Supplement Deposition Designation Miller, #21 Supplement Deposition Designation Porter, #22 Supplement Deposition Designation Riddle, #23 Supplement Deposition Designation Spinks, #24 Supplement Deposition Designation Vigil, #25 Supplement Deposition Designation Waite)(Brooke, Joseph)
October 26, 2016 Opinion or Order Filing 1991 ORDER granting ECF No. #1988 Stipulated Final Order for Permanent Injunction and Monetary Relief as to Defendant Duane Fielding, Anthon Holdings, Inc. and Network Agenda, LLC. See Order for further details. Signed by Judge Miranda M. Du on 10/25/2016. (Copies have been distributed pursuant to the NEF - KW)
October 25, 2016 Opinion or Order Filing 1990 STIPULATION regarding Grant Experts by Plaintiff Federal Trade Commission. (Anguizola, Roberto)
October 25, 2016 Opinion or Order Filing 1989 MINUTES OF PROCEEDINGS - Bench Trial, day 1, held on 10/25/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard and Robert Anguizola; Def Counsel: Karra Porter, Kelly Macfarlane and J.D. Lauritzen; Court Reporter/FTR #: Kathy French; Time of Hearing: 8:30 AM - 5:47 PM; Courtroom: 5; See attached minutes for specifics. Plaintiff's witnesses: Tracey Kramm, Sara Marker-DeMille. Exhibits marked and admitted. Bench Trial continued to 10/26/2016 at 8:30 AM in Reno Courtroom 5 before Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - PAV) (Main Document 1989 replaced on 10/26/2016) (PAV).
October 24, 2016 Opinion or Order Filing 1988 NOTICE of Stipulated Final Order for Permanent Injunction and Monetary Relief as to Defendants Duane Fielding, Anthon Holdings, Inc., and Network Agenda, LLC by Federal Trade Commission. (Attachments: #1 Stipulated Final Order for Permanent Injunction and Monetary Relief as to Defendants Duane Fielding, Anthon Holdings, Inc., and Network Agenda, LLC)(Weinman, Dotan) Modified on 10/25/2016 event correction. (BLG).
October 24, 2016 Opinion or Order Filing 1987 PROPOSED Findings of Fact by Plaintiff Federal Trade Commission Corrected and Proposed Supplemental Findings of Fact.(Guerard, Collot)
October 21, 2016 Opinion or Order Filing 1986 RESPONSE to filed by Plaintiff Federal Trade Commission. To Defendants' Bench Brief re: Evidentiary Issues [ECF No. 1978] Replies due by 10/31/2016. (Attachments: #1 Exhibit A - Consumer Injury Summary Chart, #2 Exhibit B - Consumer Injury Calculation, #3 Exhibit C - Notice re demonstrative charts)(Anguizola, Roberto)
October 19, 2016 Opinion or Order Filing 1985 ORDER granting ECF No. #1934 Motion for Order (1) APPROVING AND CONFIRMING SALE OF 3 ACRE PARCEL IN HURRICANE, UTAH WITHOUT FURTHER NOTICE OR OVERBIDDING AND FOR RELATED RELIEF; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS. Signed by Judge Miranda M. Du on 10/19/2016. (Copies have been distributed pursuant to the NEF - DRM)
October 19, 2016 Opinion or Order Filing 1984 ORDER granting ECF No. #1951 Motion for Order (1) APPROVING AND AUTHORIZING PAYMENT OF RECEIVERS AND PROFESSIONALS FEES AND EXPENSES FROM JANUARY 1, 2016 THROUGH JUNE 30, 2016; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS. Signed by Judge Miranda M. Du on 10/19/2016. (Copies have been distributed pursuant to the NEF - DRM)
October 19, 2016 Opinion or Order Filing 1983 ORDER : (1) Directing Issuance of Pacific Mercantile Bancorp Stock to the Receiver and Authorizing Receiver to Sell Stock; and (2) Granting Relief from Local Rule 66-6 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 10/19/2016. (Copies have been distributed pursuant to the NEF - DRM)
October 19, 2016 Opinion or Order Filing 1982 ORDER granting the Receiver's ECF No. #1872 Motion for Order of Sale; denying Jet Processing's ECF No. #1878 Motion Objecting to Sale. Signed by Judge Miranda M. Du on 10/19/2016. (Copies have been distributed pursuant to the NEF - KR)
October 19, 2016 Opinion or Order Filing 1981 STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT AS TO DEFENDANT SCOTT LEAVITT AND EMPLOYEE PLUS INC, re ECF No. #1972 -1 Proposed Order. Signed by Judge Miranda M. Du on 10/18/2016. (Copies have been distributed pursuant to the NEF - KR)
October 18, 2016 Opinion or Order Filing 1980 TRIAL BRIEF by Defendants Jet Processing Inc., Terrason Spinks.(Porter, Karra)
October 18, 2016 Opinion or Order Filing 1979 PROPOSED Findings of Fact by Defendants Jet Processing Inc., Terrason Spinks .(Porter, Karra)
October 18, 2016 Opinion or Order Filing 1978 TRIAL BRIEF re Evidentiary Issues by Defendants Jet Processing Inc., Terrason Spinks. (Attachments: #1 Exhibit 1 - FTC's Proposed Declaration Exhibits, #2 Exhibit 2 - FTC's Proposed Certification of Business Records Exhibits)(Porter, Karra)
October 18, 2016 Opinion or Order Filing 1977 EXHIBIT LIST Amended by Defendants Jet Processing Inc., Terrason Spinks.(Porter, Karra)
October 18, 2016 Opinion or Order Filing 1976 TRIAL BRIEF as to defendants Terrason Spinks and Jet Processing, Inc. by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order Attachment A)(Anguizola, Roberto)
October 18, 2016 Opinion or Order Filing 1975 PROPOSED Findings of Fact by Plaintiff Federal Trade Commission . (Attachments: #1 Proposed Order)(Guerard, Collot)
October 18, 2016 Opinion or Order Filing 1974 EXHIBIT LIST by Defendant Terrason Spinks-Jet Processing, Inc..(Porter, Karra)
October 18, 2016 Opinion or Order Filing 1973 WITNESS LIST by Defendant Terrason Spinks-Jet Processing, Inc..(Porter, Karra)
October 18, 2016 Opinion or Order Filing 1972 NOTICE of Stipulated Final Order with Scott Leavitt and Employee Plus, Inc. by Federal Trade Commission. (Attachments: #1 Proposed Order Stipulated Final Order with Scott Leavitt & Employee Plus, Inc.)(Guerard, Collot)
October 18, 2016 Opinion or Order Filing 1971 NOTICE of Order of FTC Trial Witnesses by Federal Trade Commission. (Guerard, Collot)
October 18, 2016 Opinion or Order Filing 1970 NOTICE of Settlement with Duane Fielding, Anthon Holdings, and Network Agenda by Federal Trade Commission. (Guerard, Collot)
October 17, 2016 Opinion or Order Filing 1969 MINUTES OF PROCEEDINGS - Telephonic Calendar Call held on 10/17/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard and Roberto Anguizola; Def Counsel: Karra Porter, Kelly Macfarlane and J.D. Lauritzen; Court Reporter/FTR #: Kathy French; Time of Hearing: 1:13 PM - 2:05 PM; Courtroom: 5; The Court asks Ms. Porter if Defendants have any objection to Plaintiff's Motion to Admit Certain Stipulated Exhibits before Trial (ECF No. #1967 .) Good cause appearing, the motion (ECF No. #1967 ) is granted. Ms. Guerard advises the Court that witness Emil George, scheduled to testify on 10/28/2016, has injured his back. If it appears the witness will not be able to travel, Plaintiff will file a motion to allow that witness to testify via video conference. She further advises that witness Sarah Marker will appear live. The Court and counsel discuss presentation of deposition testimony. The Court would like to review the designated portions of depositions right before they are presented. Ms. Guerard asks to attach all the deposition exhibits to the transcripts. The Court directs that only those exhibits referenced in the designated portions of the deposition should be provided with the exhibit. The Court asks counsel to provide it with electronic copies of the depositions with relevant exhibits. Ms. Guerard advises that all deposition exhibits are sequential. The electronic copies may be submitted to the Court prior to trial or may be submitted on the first day of the trial. Ms. Guerard advises the Court that the Commission approved the settlement of Scott Leavitt and Employees Plus today. Duane Fielding and his entities Anthon Holdings and Network Agenda executed a settlement agreement that she has asked the Commission to "fast track" so that a decision is made before the first day of trial. The Court directs counsel to be prepared with supplemental Proposed Findings of Fact, Conclusions of Law on Mr. Fielding and his entities, in case the Commission rejects the settlement. The Court inquires if counsel have discussed settlement with Terreson Spinks and his entity and whether the settlement with Mr. Fielding will affect the length of trial. Ms. Guerard and Ms. Porter respond. Ms. Guerard advises the Court that Plaintiff will have individual binders for each witness that will contain the exhibits the parties intend to use in examination so that witnesses do not need to look through the 26 binders of exhibits. Ms. Porter advises that she will be filing a bench memorandum that lists specific issues for the Court's consideration. Ms. Guerard asks the Court to clarify ECF No. #1779 , which granted Defendant Fielding's motion to release funds for Ms. Porter's firm for subsistence during the trial. The Court had denied Mr. Spinks's similar motion. The Court directs Ms. Porter to submit a declaration from Mr. Spinks that indicates that he is unable to pay for lodging per diem for counsel during the trial. Ms. Porter indicates that she may wait for the end of the trial to submit the declaration. Bench trial is set for Tuesday, 10/25/2016 at 8:30 AM in Reno Courtroom 5. (Copies have been distributed pursuant to the NEF - PAV)
October 13, 2016 Opinion or Order Filing 1968 TRANSCRIPT of Proceedings, 1963 Status Conference,,,,,,,,,,,, held on 10-03-16, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 11/3/2016. Redacted Transcript Deadline set for 11/13/2016. Release of Transcript Restriction set for 1/11/2017. (KF)
October 12, 2016 Opinion or Order Filing 1967 MOTION To Admit Certain Stipulated Exhibits Before Trial by Plaintiff Federal Trade Commission. Responses due by 10/29/2016. (Attachments: #1 Proposed Order)(Guerard, Collot)
October 5, 2016 Opinion or Order Filing 1966 NOTICE of Filing Supplement to Pretrial Order by Federal Trade Commission re #1961 Pretrial Order,. (Attachments: #1 Exhibit FTC Counter-designations on Experts)(Guerard, Collot)
October 4, 2016 Opinion or Order Filing 1965 NOTICE of Corrected Image/Document re #1964 Order Regarding Trial, (Service of corrected image is attached). (PAV)
October 4, 2016 Opinion or Order Filing 1964 ORDER REGARDING TRIAL. Bench Trial set for 10/25/2016 09:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. Calendar Call set for 10/17/2016 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Exhibit List due by 10/18/2016. Proposed Findings of Fact and Conclusions of Law due by 10/18/2016. Trial Briefs due by 10/18/2016. Signed by Judge Miranda M. Du on 10/4/2016. (Copies have been distributed pursuant to the NEF - PAV) Corrected image #1965 attached on 10/5/2016 (RFJ).
October 3, 2016 Opinion or Order Filing 1963 MINUTES OF PROCEEDINGS - Status Conference held on 10/3/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard and Roberto Anguizola; Receiver's Counsel: Gary Caris; Def Counsel: Karra Porter for Defendants Duane Fielding and Terrason Spinks and their entities; Court Reporter/FTR #: Kathy French; Time of Hearing: 9:06 AM - 9:38 AM; Courtroom: 5; For the reasons given in open Court, the Court grants Plaintiff's sealed Motion in Limine for Admission re: Consumer Complaints (ECF No. #1735 , supplement ECF No. #1947 ), with regard to the two categories of consumer complaints outlined by the Court on the record. For the reasons stated by the Court, it is ordered that Plaintiffs sealed Motion in limine (ECF No. 1719 , supplement ECF No. #1945 ) is granted. Ms. Guerard asks the Court about delivering Plaintiff's exhibit binders. The Court prefers the exhibits in electronic format, either on disc or on thumb drive, with no password protection on the files. Ms. Guerard will send the thumb drive. Ms. Porter discusses the exhibits. Exhibit binders can be delivered prior to the trial by contacting the Courtroom Administrator. At the conclusion of the trial, the Courts exhibit binders will contain only the exhibits the Court has admitted. Ms. Guerard and Ms. Porter discuss the deposition designation. The Court will allow the parties to supplement the joint pretrial order with designations of expert witness deposition testimony that will be used during the trial. The Court encourages counsel to stipulate to as many exhibits as possible. The Court will rule on disputed exhibits during the trial. Court will be in session from 8:30 AM to 5:30 PM daily. The Court will give a 45 minute lunch break and will provide restroom breaks in the morning and afternoon. Counsel will not be allowed to make opening or closing statements. At the conclusion of the trial, counsel will be ordered to submit detailed proposed findings of fact, conclusions of law (in Microsoft Word Format) that will identify the source of the finding. The Court directs counsel to review its recent findings of fact, conclusions of law in 2:09-cv-1470-MMD-PAL at ECF No. 214 to see the detail the Court will require. Ms. Guerard advises the Court that witness Sarah Marker may need to testify via video conference. The Court directs Ms. Guerard to file a motion if she is unable to resolve the issue prior to trial. The Court will accommodate the witnesses as needed. The Court directs counsel to have multiple witnesses available to testify, as the trial may flow quickly. Before the status conference on 10/17/2016, counsel are directed to discuss witnesses and the amount of time they expect each witness to take. Each day, counsel will be required to tell each other who the next witnesses are and how long they will take. Receiver's counsel will not be required to participate in the trial from this point. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 29, 2016 Opinion or Order Filing 1962 NOTICE of Issues to Discuss at Conference on October 3 by Federal Trade Commission. (Guerard, Collot)
September 26, 2016 Opinion or Order Filing 1961 PRETRIAL ORDER: Bench Trial set for 10/25/2016 at 9:00 A.M. in Reno Courtroom 5 before Judge Miranda M. Du. Telephonic Calendar Call set for 10/17/2016 at 1:00 P.M. before Judge Miranda M. Du. Trial Briefs and Proposed Findings of Fact and Conclusions of Law due by 10/14/2016. Signed by Judge Miranda M. Du on 09/26/2016. (Copies have been distributed pursuant to the NEF - KW)
September 23, 2016 Opinion or Order Filing 1960 PROPOSED Pretrial Order by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Att. A, #2 Exhibit Att. B, #3 Exhibit Att. C Exhibit List, #4 Exhibit Att. D FTC Dep Designations, #5 Exhibit Att. E Defs. Dep. Cuts, #6 Exhibit Att. F FTC Witness List)(Anguizola, Roberto)
September 21, 2016 Opinion or Order Filing 1959 ORDER granting ECF No. #1957 Motion to Withdraw as Attorney. Alan D. Boyack and Edward D. Boyack withdrawn from the case as to Jet Processing Inc and Terrason Spinks an individual. Signed by Magistrate Judge George Foley, Jr on 9/21/2016. (Copies have been distributed pursuant to the NEF - KR)
September 20, 2016 Opinion or Order Filing 1958 Submission of PROPOSED ORDER on #1957 Motion to Withdraw as Attorney ; filed by Defendant Terrason Spinks-Jet Processing, Inc.. Order to Withdraw as Counsel Alan D. Boyack and Edward Dean Boyack (Boyack, Edward)
September 20, 2016 Opinion or Order Filing 1957 Second MOTION to Withdraw as Attorney Alan D. Boyack and Edward Dean Boyack by Alan D. Boyack by Defendant Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
September 19, 2016 Opinion or Order Filing 1956 NOTICE of settlement with Scott Leavitt & Employee Plus, Inc. by Federal Trade Commission. (Guerard, Collot)
September 14, 2016 Opinion or Order Filing 1955 APPENDIX OF EXHIBITS IN SUPPORT OF RECEIVERS MOTION FOR ORDER (1) APPROVING AND AUTHORIZING PAYMENT OF RECEIVERS AND PROFESSIONALS FEES AND EXPENSES FROM JANUARY 1, 2016 THROUGH JUNE 30, 2016; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS [Volume 2 of 2 Exhs. 9-18] to #1951 Motion,,, ; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 9 - Dentons Redacted Billing Records January 2016, #2 Exhibit 10 - Dentons Firm Redacted Billing Records February 2016, #3 Exhibit 11 - Dentons Firm Redacted Billing Records March 2016, #4 Exhibit 12 - Dentons Firm Redacted Billing Records April 2016, #5 Exhibit 13 - Dentons Firm Redacted Billing Records May 2016, #6 Exhibit 14 - Dentons Firm Redacted Billing Records June 2016, #7 Exhibit 15 - Diamond McCarthy Redacted Billing Records June 2016, #8 Exhibit 16 - Kolesar Firm Redacted Billing Records January-June 2016, #9 Exhibit 17 - Nelson Firm Redacted Billing Records January-June 2016, #10 Exhibit 18 - Hatch Firm Redacted Billing Records January-June 2016, #11 Certificate of Service)(Caris, Gary)
September 14, 2016 Opinion or Order Filing 1954 SUPPLEMENT to #1953 Appendix,,, ; CERTIFICATE OF SERVICE REGARDING APPENDIX OF EXHIBITS IN SUPPORT OF RECEIVERS MOTION FOR ORDER (1) APPROVING AND AUTHORIZING PAYMENT OF RECEIVERS AND PROFESSIONALS FEES AND EXPENSES FROM JANUARY 1, 2016 THROUGH JUNE 30, 2016; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS [Volume 1 of 2 - Exhibits 2-8] by Receiver Robb Evans. (Caris, Gary) Modified on 9/15/2016 (add link to motion #1951 WJ).
September 14, 2016 Opinion or Order Filing 1953 APPENDIX OF EXHIBITS IN SUPPORT OF RECEIVERS MOTION FOR ORDER (1) APPROVING AND AUTHORIZING PAYMENT OF RECEIVERS AND PROFESSIONALS FEES AND EXPENSES FROM JANUARY 1, 2016 THROUGH JUNE 30, 2016; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS [Volume 1 of 2 Exhibits 2-8] to #1951 Motion,,, ; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 2 - Receivers Redacted Billing Records January 2016, #2 Exhibit 3 - Receivers Redacted Billing Records February 2016, #3 Exhibit 4 - Receivers Redacted Billing Records March 2016, #4 Exhibit 5 - Receivers Redacted Billing Records April 2016, #5 Exhibit 6 - Receiver's Redacted Billing Records May 2016, #6 Exhibit 7 - Receiver's Redacted Billing Records June 2016, #7 Exhibit 8 - Squar Milner Redacted Billing Records)(Caris, Gary)
September 14, 2016 Opinion or Order Filing 1952 NOTICE of Appearance by attorney Sarah E Spencer on behalf of Defendants Jet Processing Inc., Terrason Spinks. (Spencer, Sarah)
September 14, 2016 Opinion or Order Filing 1951 MOTION Receiver's Fees AND NOTICE OF MOTION AND MOTION FOR ORDER (1) APPROVING AND AUTHORIZING PAYMENT OF RECEIVERS AND PROFESSIONALS FEES AND EXPENSES FROM JANUARY 1, 2016 THROUGH JUNE 30, 2016; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF by Receiver Robb Evans. Responses due by 10/1/2016. (Attachments: #1 Declaration of Brick Kane, #2 Exhibit 1 to Declaration of Brick Kane, #3 POS to Declaration of Brick Kane, #4 Declaration of Gary Owen Caris, #5 Proposed Order GRANTING MOTION FOR ORDER (1) APPROVING AND AUTHORIZING PAYMENT OF RECEIVERS AND PROFESSIONALS FEES AND EXPENSES FROM JANUARY 1, 2016 THROUGH JUNE 30, 2016; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS)(Caris, Gary)
September 14, 2016 Opinion or Order Filing 1950 NOTICE OF FILING OF MOTION FOR ORDER (1) APPROVING AND AUTHORIZING PAYMENT OF RECEIVERS AND PROFESSIONALS FEES AND EXPENSES FROM JANUARY 1, 2016 THROUGH JUNE 30, 2016; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS by Robb Evans. (Caris, Gary)
September 14, 2016 Opinion or Order Filing 1949 NOTICE of Appearance by attorney Karra J Porter on behalf of Defendants Jet Processing Inc., Terrason Spinks. (Porter, Karra)
September 13, 2016 Opinion or Order Filing 1948 NOTICE of Appearance by attorney Kelly H Macfarlane on behalf of Defendants Jet Processing Inc., Terrason Spinks. (Macfarlane, Kelly)
September 13, 2016 Opinion or Order Filing 1947 Supplemental MEMORANDUM filed by Defendants Anthon Holdings Corp., Duane Fielding, Jet Processing Inc., Network Agenda, LLC, Terrason Spinks re #1721 Motion in Limine, #1735 Motion in Limine,. (Lowry, Phillip)
September 13, 2016 Opinion or Order Filing 1946 NOTICE of Appearance by attorney Phillip E. Lowry on behalf of Defendants Jet Processing Inc., Terrason Spinks. (Lowry, Phillip)
September 13, 2016 Opinion or Order Filing 1945 Supplemental BRIEF re #1721 Motion in Limine, #1735 Motion in Limine, ; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Attachment A)(Anguizola, Roberto)
September 13, 2016 Opinion or Order Filing 1944 ORDER denying without prejudice ECF Nos. #1942 , #1943 Motions to Withdraw as Attorney; directing Counsel to provide Defendants' last known addresses. Signed by Magistrate Judge George Foley, Jr on 9/13/2016. (Copies have been distributed pursuant to the NEF - KR)
September 9, 2016 Opinion or Order Filing 1943 First MOTION to Withdraw as Attorney by Edward D. Boyack by Defendant Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
September 9, 2016 Opinion or Order Filing 1942 First MOTION to Withdraw as Attorney by Alan D. Boyack by Defendant Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
August 26, 2016 Opinion or Order Filing 1941 STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT as to Defendants Jeremy Johnson; Blue Streak Processing, Inc.; Business First, Inc.; Cloud Nine Marketing Inc.; Cold Bay Media, Inc.; CPA Upsell, Inc.; Diamond J Media, Inc.; Ebusiness First, Inc.; Ebusiness Success, Inc.; Ecom Success, Inc.; Elite Debit, Inc.; Funding Success, Inc.; Hooper Processing, Inc.; IWorks, Inc.; Internet Economy, Inc.; Internet Fitness, Inc.; Market Funding Solutions, Inc.; Money Harvest, Inc.; Monroe Processing, Inc.; Net Commerce, Inc.; Premier Performance, Inc.; Pro Internet Services, Inc.; Revive Marketing, inc.; Success Marketing, Inc.; Summit Processing, Inc.; Tranfirst, Inc.; Tran Voyage, Inc.; and Unlimited Processing. See document for specifics. Signed by Judge Miranda M. Du on 8/24/2016. See document for specifics. (Copies have been distributed pursuant to the NEF - PAV)
August 25, 2016 Opinion or Order Filing 1940 STIPULATED FINAL ORDER for Disgorgement as to Relief Defendants Sharla Johnson, Zippy LLC, Zippy Flight Service LLC, and Orange Cat Investments LLC. Signed by Judge Miranda M. Du on 8/24/2016. (Copies have been distributed pursuant to the NEF - KR)
August 25, 2016 Opinion or Order Filing 1939 STIPULATED FINAL ORDER for Disgorgement as to Relief Defendants Kerry Johnson, Barbara Johnson, KB Family Limited Partnership, and KV Electric Inc. Signed by Judge Miranda M. Du on 8/24/2016. (Copies have been distributed pursuant to the NEF - KR)
August 25, 2016 Opinion or Order Filing 1938 MINUTES OF PROCEEDINGS - Telephonic Hearing held on 8/24/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard and Roberto Anguizola; Def Counsel: Jeremy Johnson, pro se; Karra Porter and Kelly Macfarlane for corporate and relief defendants; Amanda Mendenhall for Marcus Mumford for; Present for Receiver: Cary Caris Court Reporter/FTR #: Kathy French; Time of Hearing: 10:08 AM - 11:05 AM; Courtroom: 5; The Court asks counsel and Mr. Johnson questions about the Stipulated Final Order (ECF No. #1932 -1 relating to Mr. Johnson and the 26 settling defendants. Mr. Johnson, Ms. Guerard, Ms. Porter, and Mr. Caris discuss the Proposed Stipulated Final Orders attached to ECF No. #1932 with the Court. The Court makes findings for the record. For the reasons the Court has placed on record, the Court approves the Stipulated Final Orders (ECF No. #1932 ). The Court will add one clarification to ECF No. #1932 -1, page 29, section 5(C) that the consumer information is to be disposed of 45 days after all appellate rights have been exhausted. The Court will issue and enter all three proposed orders with the clarification noted above. The Court hears argument from Ms. Guerard and Ms. Porter regarding the pending Motions in Limine (ECF Nos. 1719 , #1721 , and #1735 .) The Court has ruled on ECF No. #1734 and directs the Clerk to terminate that motion on the docket sheet. Mr. Johnson exits the conference call. The Court proceeds without him because the remainder of the call involves matters relating to non-settling defendants and the trial. Ms. Guerard and Ms. Porter discuss the pending motions in limine and whether the motions and responses relate to Defendants Duane Fielding, Anthon Holdings and Network Agenda. Good cause appearing, it is ordered that Plaintiff's Sealed Motion in Limine (ECF No. 1719 ), Plaintiff's Redacted Motion in Limine (ECF No. #1721 and Plaintiff's Motion in Limine for Admission re: Consumer Complaints (ECF No. #1735 ) are denied without prejudice for the reasons given in open court. It is further ordered that Counsel for Plaintiffs and Defendants Fielding, Anthon Holdings and Network Agenda file simultaneous supplemental briefs that indicate whether the remaining unresolved issues raised in the motions in limine are relevant to the remaining Defendants represented by Ms. Porter's firm and how those issues are related within 20 days of this date. The Court inquires whether Plaintiffs have engaged in meaningful settlement discussions with any other remaining Defendants. Ms. Guerard advises, and Ms. Mendenhall confirms, that negotiations are ongoing with Mr. Mumford's firm on behalf of Defendant Scott Leavitt. Ms. Guerard indicates that there are no settlement discussions yet with Mr. Boyack on behalf of Defendant Terrason Spinks and his entities. (Copies have been distributed pursuant to the NEF - PAV)
August 24, 2016 Opinion or Order Filing 1937 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/24/2016. By Deputy Clerk: Peggie Vannozzi. The Telephonic Status Conference set for 9/6/2016 at 10:00 AM is reset to 10/3/2016 at 9:00 AM Pacific time in Reno Courtroom 5 before Judge Miranda M. Du. Counsel are directed to call 1-888-251-2909, at least 10 minutes prior to the hearing, and enter code 3803398 and password 123456. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 18, 2016 Opinion or Order Filing 1936 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/18/2016. By Deputy Clerk: Peggie Vannozzi. A telephonic hearing re: ECF No. #1932 , FTC's Notice of filing Stipulated Final Orders for Permanent Injunction and Monetary Judgment as to Defendant Jeremy Johnson, IWorks, Inc. and 26 affiliated corporate defendants and stipulated orders for disgorgement as to all relief defendants is set for 8/24/2016 at 10:00 AM PDT in Reno Courtroom 5 before Judge Miranda M. Du. Counsel participating in the telephonic conference are to call 1-888-251-2909, at least 5 minutes prior to the hearing, and enter code 3803398 and password 123456. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 5, 2016 Opinion or Order Filing 1935 Submission of PROPOSED ORDER on #1934 Motion for Order of Sale,,, ; filed by Receiver Robb Evans . (Hawes, Lesley)
August 5, 2016 Opinion or Order Filing 1934 MOTION for Order of Sale NOTICE OF MOTION AND MOTION FOR ORDER (1) APPROVING AND CONFIRMING SALE OF 3 ACRE PARCEL IN HURRICANE, UTAH WITHOUT FURTHER NOTICE OR OVERBIDDING AND FOR RELATED RELIEF; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF M. VAL MILLER IN SUPPORT THEREOF by Receiver Robb Evans. (Attachments: #1 Exhibit "1" - Exclusive Listing Agreement & Agency Disclosure (Commercial Property), #2 Exhibit "2" - Right-of-Way Purchase Contract, #3 Exhibit "3" - Schedule A, #4 Proposed Order Granting Motion for Order (1) Approving and Confirming Sale of 3 Acre Property in Hurricane, Utah Without Notice, Hearing or Overbidding and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors, #5 Certificate of Service)(Hawes, Lesley)
August 5, 2016 Opinion or Order Filing 1933 NOTICE OF FILING OF MOTION FOR ORDER (1) APPROVING AND CONFIRMING SALE OF 3 ACRE PROPERTY IN HURRICANE, UTAH WITHOUT NOTICE, HEARING OR OVERBIDDING AND FOR RELATED RELIEF; AND (2) GRANTING RELIEF FROM LOCAL RULE 66-5 PERTAINING TO NOTICE TO CREDITORS by Robb Evans. (Hawes, Lesley)
August 1, 2016 Opinion or Order Filing 1932 NOTICE of Filing Three Stipulated Final Orders by Federal Trade Commission. (Attachments: #1 Proposed Order Stipulated Final Order re: Jeremy Johnson, IWorks, and 26 Corporate Defendants, #2 Proposed Order Stipulated Final Order re: Sharla Johnson, #3 Proposed Order Stipulated Final Order re: Barbara and Kerry Johnson)(Guerard, Collot)
July 22, 2016 Opinion or Order Filing 1931 PERMANENT INJUNCTION AND MONETARY JUDGMENT as to Defendant Ryan Riddle. Signed by Judge Miranda M. Du on 7/21/16. (Copies have been distributed pursuant to the NEF - JC)
July 11, 2016 Opinion or Order Filing 1930 NOTICE by Federal Trade Commission. (Attachments: #1 Proposed Order Stipulated Order as to Ryan Riddle)(Guerard, Collot)
June 24, 2016 Opinion or Order Filing 1929 ORDER approving #1928 Amended Scheduling Order for Pretrial Deadlines. Signed by Judge Miranda M. Du on 6/23/16. (Copies have been distributed pursuant to the NEF - JC)
June 23, 2016 Opinion or Order Filing 1928 NOTICE of Filing Joint [Proposed] Scheduling Order by Federal Trade Commission. (Attachments: #1 Proposed Order)(Guerard, Collot)
June 20, 2016 Opinion or Order Filing 1927 ORDER granting ECF No. #1925 Motion to Substitute Attorney. Signed by Magistrate Judge George Foley, Jr., on 6/20/16. (Copies have been distributed pursuant to the NEF - JC)
June 17, 2016 Opinion or Order Filing 1926 Submission of PROPOSED ORDER on #1925 Motion to Substitute Attorney ; filed by Receiver Robb Evans Order Approving Substitution of Attorney. (Sherman, Shlomo)
June 17, 2016 Opinion or Order Filing 1925 MOTION to Substitute Attorney Substitution of Attorney and Request for Court Approval Thereof by Receiver Robb Evans. (Sherman, Shlomo)
June 10, 2016 Opinion or Order Filing 1924 ORDER entering partial summary judgment in favor of FTC and against: Bottom Dollar, Inc.; Bumble Marketing, Inc.; Costnet Discounts, Inc.; Cutting Edge Processing, Inc.; Excess Net Success, Inc.; Fiscal Fidelity, Inc.; Fitness Processing, Inc.; Funding Search Success, Inc.; GG Processing, Inc.; Internet Business Source, Inc.; JRB Media, Inc.; Lifestyles for Fitness, Inc.; Net Business Success, Inc.; Net Fit Trends, Inc.; Net Success, Inc.; Power Processing, Inc.; Rebate Deals, Inc.; and Xcel Processing, Inc. Signed by Judge Miranda M. Du on 6/9/16. (Copies have been distributed pursuant to the NEF - JC)
June 9, 2016 Opinion or Order Filing 1923 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 6/9/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Dotan Weinman, Jody Goodman, Joseph Brooke, Roberto Anguizola; Def Counsel: Karra Porter for Corporate and relief defendants and Duane Fielding; Alan Boyack for Terreson Spinks; Court Reporter/FTR #: Kathy French; Time of Hearing: 10:05 AM - 10:35 AM; Courtroom: 5; Gary Caris is present as counsel for Receiver Robb Evans and Associates. The Court notes for the record that the Clerk has attempted to contact the Tooele County, Utah detention center where Jeremy Johnson is located and that no one at the detention center answers the phone. Ms. Porter and Mr. Boyack make representations. In light of the representations made by Plaintiff that Mr. Johnson has signed a Stipulated Final Consent Order that is pending approval by the Federal Trade Commission (ECF No. #1921 ,) the Court will proceed with this status conference without Mr. Johnson participating. The Court asks Ms. Porter to contact Mr. Johnson and provide him with a copy of the minutes of this hearing. Ms. Porter, Ms. Guerard and Mr. Boyack present argument with regard to the Motion to Continue Trial (ECF No. #1916 ) filed by Ms. Porter's firm on behalf of corporate and relief defendants. Ms. Porter advises the Court that her firm represents Duane Fielding and his corporate entities, Anthon Holdings and Network Agenda. For the reasons given in open Court, the Court grants the Motion to Continue Trial (ECF No. #1916 . The bench trial as to the remaining defendants is continued to October 25, 2016 at 9:00 AM in Reno Courtroom 5. (A telephonic calendar call is set for October 17, 2016 at 1:00 PM.) The current trial estimate is 2-3 weeks. In light of the possible settlement between Plaintiff and Defendant Jeremy Johnson, it is ordered that the following motions are denied as moot, without prejudice, subject to refiling if the settlement fails to be approved by the Commission: 1) Defendant Jeremy Johnson's Motion for Sanctions re: Discovery (ECF No. #1763 ;) 2) Defendant Jeremy Johnson's Motion for District Judge to Reconsider Order re: [1772} Order (ECF No. #1803 ;) and 3) Defendant's Emergency Motion for Release of Funds (ECF No. #1836 .) The Court will grant summary judgment as to the entities listed on page two of the Plaintiff's Status Report (ECF No. #1921 ). The Court directs Plaintiffs to submit a brief proposed order granting summary judgment against those Defendants on the same claims that the Court has already ruled upon with regard to other Defendants in this action. The Court will issue rulings on the motions in limine identified as outstanding on page three of Plaintiff's Status Report. Mr. Caris advises that Receiver's Motion for Order of Sale (ECF No. #1872 is fully briefed and pending. Mr. Boyack advises that he filed a Motion Objecting to Sale of Stock (ECF No. #1878 ), that responds to Receiver's motion. It is ordered that the next telephonic status conference is set for Tuesday, September 6, 2016 at 10:00 AM. The Court The Court vacates the deadlines set by ECF No. #1896 and directs the parties to meet and confer and propose new dates for the exchange of trial documents. (Copies have been distributed pursuant to the NEF - PAV) Modified to clean up minor punctuation errors on 6/9/2016 (PAV).
June 8, 2016 Opinion or Order Filing 1922 ORDER granting ECF No. #1876 Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from 9/1/2015 through 12/31/2015; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 6/7/2016. (Copies have been distributed pursuant to the NEF - KR)
June 6, 2016 Opinion or Order Filing 1921 NOTICE re Upcoming Status Conference on June 9 by Federal Trade Commission. (Guerard, Collot)
June 1, 2016 Opinion or Order Filing 1919 RESPONSE to #1916 Motion to Continue District Judge Hearing,,,, filed by Plaintiff Federal Trade Commission. Replies due by 6/11/2016. (Weinman, Dotan)
May 31, 2016 Opinion or Order Filing 1920 MINUTES OF PROCEEDINGS - Settlement Conference held on 5/31/2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Allison Reese; Pla Counsel: Collot Guerard and Robert Anguizola; Def Counsel: Marcus Mumford on behalf of Defendant Scott Leavitt; Alan Boyack on behalf Defendant Terrason Spinks; and Ryan Riddle appearing pro se; Time of Hearing: 9:00 a.m.; The Court met with each individual party. A tentative settlement was reached between Plaintiff and Defendant Ryan Riddle. There was also productive progress toward a settlement between Plaintiff and Defendant Scott Leavitt. No settlement was reached between Plaintiff and Defendant Terrason Spinks. Accordingly, the Court finds that this case should be returned to the normal litigation track. (Copies have been distributed pursuant to the NEF - AR)
May 25, 2016 Opinion or Order Filing 1918 ORDER granting ECF No. #1903 Motion to Authorize Receiver to Market and Sell Estate's Interest in Belize Beach Holdings Ltd and its Real Property in San Pedro, Belize and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 5/25/2016. (Copies have been distributed pursuant to the NEF - KR)
May 18, 2016 Opinion or Order Filing 1917 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/18/2016. By Deputy Clerk: Peggie Vannozzi. Since the settlement conference is scheduled for May 31, 2016 (ECF No. #1911 ), the Court defers consideration of the emergency motion to continue trial (ECF No. #1916 ) and will address the emergency motion, if needed, at the June 9, 2016 status conference. In the event a settlement is not reached at the May 31, 2016 settlement conference, any response to the emergency motion must be filed by June 6, 2016. The following deadlines in the Scheduling Order (ECF No. #1896 ) are stayed pending the Court's decision on the emergency motion: June 1, June 6 and June 20.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 13, 2016 Opinion or Order Filing 1916 Emergency MOTION to Continue District Judge Hearing Trial due to (1) New Sentencing Conflict and (2) Status of Settlement Discussions by Defendants Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
May 10, 2016 Opinion or Order Filing 1915 TRANSCRIPT of Proceedings, 1909 Show Cause Hearing,,,,,,,, held on 4-20-16, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/31/2016. Redacted Transcript Deadline set for 6/10/2016. Release of Transcript Restriction set for 8/8/2016. (KF)
May 5, 2016 Opinion or Order Filing 1914 NOTICE of Compliance re ECF No. 1909 Minutes - Notice of Withdrawal of Motion for Leave to Amend Complaint and to Join Parties - filed by Richard H. Casper on behalf of Sophia Daley. (Attachments: #1 Proof of Filing)(JC)
May 5, 2016 Opinion or Order Filing 1913 Stipulated Final Order for Permanent Injunction and Monetary Judgment as to Defendant Andy Johnson. Signed by Judge Miranda M. Du on 5/4/16. (Copies have been distributed pursuant to the NEF - JC)
May 4, 2016 Opinion or Order Filing 1912 NOTICE re Stipulated Order with Andy Johnson by Federal Trade Commission. (Attachments: #1 Proposed Order)(Guerard, Collot)
April 29, 2016 Opinion or Order Filing 1911 ORDER Scheduling Settlement Conference: Settlement Conference set for 5/31/2016 at 9:00 AM (FTC counsel) and 10:00 AM (Attorney Marcus Mumford, Defendant Scott Leavitt, and a representative of Defendant Employee Plus, Inc., Defendant Ryan Riddle and Attorney Edward Boyack, and Defendant Terrason Spinks) in LV Chambers before Magistrate Judge George Foley, Jr. Settlement statements due 5/24/2016. Signed by Magistrate Judge George Foley, Jr., on 4/29/16. (Copies have been distributed pursuant to the NEF - JC)
April 29, 2016 Opinion or Order Filing 1910 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 4/29/2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Roberto Anguizola; Def Counsel: Marcus Mumford, Alan Boyack, Terranson Spinks and Ryan Riddle; Court Reporter/FTR #: 1:39p.m. - 2:01p.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel and defendant's regarding the scheduling of the settlement conference. All parties agree that the settlement conference will take place on Tuesday, May 31, 2016 at 9:00 a.m., written order to follow.(no image attached) (Copies have been distributed pursuant to the NEF - EMG)
April 21, 2016 Opinion or Order Filing 1909 MINUTES OF PROCEEDINGS - Show Cause Hearing held on 4/20/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Robert Anguizola and Ron Brooke (via telephone) ; Def Counsel: Jeremy Johnson, pro se and Kelly McFarlane, counsel for corporate defendants (via telephone) ; Court Reporter/FTR #: Kathy French; Time of Hearing: 1:06 PM - 2:15 PM; Courtroom: 4B. Also present for Receiver Robb Evans and Associates: Gary Caris. Also present: Richard Casper and Sophia Daley. Mr. Casper advises the Court that he does not represent Ms. Daley for this hearing. Ms. Daley has prepared an affidavit which indicates that she has no contact with this jurisdiction. Mr. Casper and Mr. Caris make arguments with regard to the Motion for Order to Show Cause (dkt.no. #1762 ). Mr. Caris requests attorney fees and costs in the amount of $17,316.60 and indicates that his firm can prepare an affidavit to support the request. The Court makes findings for the record regarding this Court's jurisdiction and the filing of the motion to amend the complaint in the Utah State Court action. The Court finds that the filing of the motion to amend the complaint in the Utah action is the same as filing an amended complaint and is therefore in violation of Section XX(d) of the Preliminary Injunction order. The Court will not hold Richard Casper, Sophia Daley and Jeremy Johnson in contempt of court. Richard Casper's Motion to Find the Parties Not to Be In Contempt (dkt. no. #1907 ) is denied as moot. The Court orders that Mr. Casper and Ms. Daley file a notice withdrawing the motion to amend complaint in the Utah State action and file proof thereof within 3 days. The Receiver's oral motion for fees and costs is denied. (no image attached) (Copies have been distributed pursuant to the NEF and mailed to Richard Casper on the address on his pleading - PAV) Modified on 4/21/2016 (PAV).
April 21, 2016 Opinion or Order Filing 1908 NOTICE Two Charts of IWorks Sales Sites by Federal Trade Commission. (Attachments: #1 Exhibit Sites That Violate FTC Act, #2 Exhibit Sites Where Court Found Factual Disputes)(Guerard, Collot)
April 19, 2016 Opinion or Order Filing 1907 MOTION to Find Parties Not to be in Contempt... by Movant Richard H. Casper. Responses due by 5/6/2016. (Attachments: #1 Declaration)(JC)
April 19, 2016 Opinion or Order Filing 1906 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/19/2016. By Deputy Clerk: Peggie Vannozzi. granting #1905 Plaintiff's Motion to Appear at the April 20, 2016 hearing by telephone. Plaintiff's counsel may call 1-888-251-2909, code 3803398, password 123456. The Deputy Clerk will establish the AT&T phone line, then call the Weber County Detention Center to reach Defendant Jeremy Johnson, then join the call to Jeremy Johnson to the Court's conference line. (Copies have been distributed pursuant to the NEF - PAV)
April 18, 2016 Opinion or Order Filing 1905 MOTION To allow the FTC to appear by telephone at the April 20 hearing by Plaintiff Federal Trade Commission. Responses due by 5/5/2016. (Attachments: #1 Proposed Order)(Guerard, Collot)
April 18, 2016 Opinion or Order Filing 1904 NOTICE of Filing of Motion to Authorize Receiver to Market and Sell Estate's Interest in Belize Beach Holdings, Ltd. and Its Real Property in San Pedro, Belize and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors by Robb Evans re #1903 Motion,. (Caris, Gary)
April 18, 2016 Opinion or Order Filing 1903 MOTION to Authorize Receiver to Market and Sell Estate's Interest in Belize Beach Holdings, Ltd. and Its Real Property in San Pedro, Belize and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 5/5/2016. (Attachments: #1 Declaration of Kenton Johnson, #2 Exhibit 1 to Johnson Declaration, #3 Exhibit 2 to Johnson Declaration, #4 Exhibit 3 to Johnson Declaration, #5 Proposed Order)(Caris, Gary)
April 15, 2016 Opinion or Order Filing 1902 STATUS REPORT Re 18 Shell Corps that did not oppose summary judgment by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order Proposed Order re 18 Shell Corporations)(Goodman, Jody)
April 14, 2016 Opinion or Order Filing 1901 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr., on 4/14/2016. Telephonic Status Conference to discuss scheduling a settlement conference with attorney for Defendant Terrason Spinks, Alan Boyack and Defendant Ryan Riddle set for 4/29/2016 at 1:30 PM before Magistrate Judge George Foley, Jr. Failure to participate may/will result in sanctions. Parties are instructed to call (888) 251-2909, access code 7771745 5 minutes prior to the hearing. (Copies have been distributed pursuant to the NEF - JC)
April 14, 2016 Opinion or Order Filing 1900 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/14/2016. By Deputy Clerk: Peggie Vannozzi. In light of the Withdrawal (dkt. no. #1894 ) of Jeremy Johnson's Motion for Release of Funds (dkt. no. #1882 ), it is ordered that the telephonic status conference set for 4/28/2016 at 1:00 PM is vacated and reset to 6/9/2016 at 10:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. It is further ordered arrangements will be made so that Jeremy Johnson participates in the telephonic conference from the detention facility in which he is housed. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 14, 2016 Opinion or Order Filing 1899 ORDER granting #1838 Motion to Approve Settlement Agreement filed by Receiver Robb Evans. Signed by Judge Miranda M. Du on 4/14/2016. (Copies have been distributed pursuant to the NEF - PAV)
April 14, 2016 Opinion or Order Filing 1898 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 4/14/2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, Robert Anguizola, Dotan Weinman, Jody Goodman and Ron Brook; Def Counsel: Kelly Macfarlane, Scott Leavitt and Brand Mumford; Court Reporter/FTR #: 9:39a.m. - 10:06a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel regarding additional Settlement Conference (Doc. #1883).Plaintiff's counsel advises the Court that a settlement has been reached with Andy Johnson, at this time it is waiting for commission approval. Counsel also advise the Court of the significant progress the settlement conference has made, and of parties who have not participated in the settlement conference.The Court will be scheduling a telephonic hearing with Mr. Boyack regarding his client Mr. Spinks prior to the scheduling of any settlement conferences.The Court will not be scheduling another settlement conference regarding Mr. Fielding or the other parties that Mr. Macfarlane represents. If counsel thinks another session is needed, please advise the Court and the Court will schedule a settlement conference.As discussed in open court today, the Court will be scheduling another settlement conference regarding Mr. Spinks, Mr. Leavitt and Mr. Riddle. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
April 12, 2016 Opinion or Order Filing 1897 NOTICE of Compliance with Court's Order of April 4, 2016 (Doc. No. 1885) by Robb Evans re 1885 Minute Order,. (Caris, Gary)
April 12, 2016 Opinion or Order Filing 1896 ORDER approving #1893 Proposed Scheduling Order for Pretrial Deadlines. Signed by Judge Miranda M. Du on 4/11/16. (Copies have been distributed pursuant to the NEF - JC)
April 11, 2016 Opinion or Order Filing 1894 WITHDRAWAL of Motion re #1882 Motion for Release of Funds, ; by Defendant Jeremy D. Johnson . (Porter, Karra)
April 11, 2016 Opinion or Order Filing 1893 NOTICE of Joint Proposed Scheduling Order and Contact with Detention Facility by Federal Trade Commission. (Attachments: #1 Proposed Order)(Guerard, Collot)
April 7, 2016 Opinion or Order Filing 1892 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/7/2016. By Judicial Assistant: Julia Wright. RE: 1883 Status Conference RE Additional Settlement ConferenceA Telephonic Status Conference is set for Thursday, April 14, 2016, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. The parties are instructed to call telephone number: (888) 251-2909, access code 7771745 five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.(Copies have been distributed pursuant to the NEF - JBW)
April 7, 2016 Opinion or Order Filing 1891 TRANSCRIPT of Proceedings, 1883 Status Conference,,,,,,,,,,,,,, Set/Reset Deadlines & Hearings,,,,,,,,,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,,,,,,,,,, held on 4-4-16, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/28/2016. Redacted Transcript Deadline set for 5/8/2016. Release of Transcript Restriction set for 7/6/2016. (KF)
April 7, 2016 Opinion or Order Filing 1890 REPLY to Response to #1872 Motion for Order of Sale filed by Receiver Robb Evans. Reply to Opposition by Defendants Terrason Spinks and Jet Processing, Inc. to Motion for Order: (1) Directing Issuance of Pacific Mercantile Bancorp Stock to the Receiver and Authorizing Receiver to Sell Stock; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Declaration of Gary Owen Caris In Support Thereof (Attachments: #1 Affidavit Declaration of Gary Owen Caris, #2 Exhibit 1 to Caris Declaration, #3 Exhibit 2 to Caris Declaration, #4 Exhibit 3 to Caris Declaration, #5 Exhibit 4 to Caris Declaration)(Caris, Gary)
April 7, 2016 Opinion or Order Filing 1889 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/7/2016. By Deputy Clerk: Peggie Vannozzi. Good cause appearing, it is ordered that the Unopposed Motion to Modify Briefing Schedule (dkt. no. #1888 ) is granted. Responses to Jeremy Johnson's Motion for Release of Attorney Fees for Criminal Defense, (dkt. no. #1882 )are due by 4/15/2016 and Replies are due by 4/21/2016. (Copies have been distributed pursuant to the NEF - PAV)
April 6, 2016 Opinion or Order Filing 1888 UNOPPOSED MOTION Modify Briefing Schedule re #1882 Motion for Release of Funds, by Defendant Jeremy D. Johnson. (Porter, Karra)
April 4, 2016 Opinion or Order Filing 1887 ORDER granting #1864 Motion for Order (1) Authorizing, Approving and Confirming Sale of Beaver Dam, AZ Trailer Park, Without Further Notice, Hearing, Order or Overbid and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 4/4/16. (Copies have been distributed pursuant to the NEF - JC)
April 4, 2016 Opinion or Order Filing 1886 ORDER GRANTING #1828 MOTION FOR ORDER APPROVING SETTLEMENT AGREEMENT WITH ANTHON HOLDINGS CORP., ACCUFORM PLASTICS INC. AND DUANE FIELDING.. Signed by Judge Miranda M. Du on 4/4/2016. (Copies have been distributed pursuant to the NEF - DRM)
April 4, 2016 Opinion or Order Filing 1885 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/4/2016. By Deputy Clerk: Peggie Vannozzi. The Receiver is directed to file, under seal for the Court's in camera review, a copy of the valuation information relating to the Woodsview Circle residence referenced in the motion to approve settlement (dkt. no. #1838 ). (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 4, 2016 Opinion or Order Filing 1884 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/4/2016. By Deputy Clerk: Peggie Vannozzi. RE: #1882 Emergency MOTION for Release of Funds Attorney Fees for Criminal Defense in Light of Luis v. United States Telephonic Motion Hearing set for 4/28/2016 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Counsel are to dial 1-888-251-2909, and enter code 3803398 and password 123456, no later than 5 minutes prior to the scheduled hearing. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 4, 2016 Opinion or Order Filing 1883 MINUTES OF PROCEEDINGS - Status Conference held on 4/4/2016 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Roberto Anguizola, Ron Brooks, Jody Goodman, Dotan Weinman; Def Counsel: Karra Porter, Phillip Lowry and Sarah Spencer (for corporate defendants and certain members of the Johnson family); Alan Boyack (counsel for Spinks); Court Reporter/FTR #: Kathy French; Time of Hearing: 10:00 AM - 10:33 AM; Courtroom: 5; The Court advises counsel that pending unopposed motions will be reviewed. If the Court determines the need to set hearings on opposed motions, it will contact counsel. The Court sets the following briefing schedule with regard to Defendant Jeremy Johnson's Emergency Motion for Release of Attorney fees for Criminal Defense in Light of Luis vs. United States. (dkt. no. #1882 ): Responses due by 4/11/2016; Replies due by 4/18/2016. Mr. Caris asks that Receiver be allowed to file a response. Ms. Porter objects to Receivers request. The Court will allow Receiver to file a response to the motion. A hearing will be set, probably in the last week of April 2016. The Court and counsel discuss Jeremy Johnson's continued participation in the trial and future hearings. Ms. Guerard requests that the United States Marshal Service transport Mr. Johnson to Reno for the trial. Ms. Porter responds to Ms. Guerard's request. Mr. Boyack indicates that the Court in the District of Utah has not set the date for Mr. Johnson's sentencing but he believes it will be set in late June. The Court asks counsel their positions on either bifurcating the trial or continuing it until Mr. Johnson has been sentenced. Ms. Porter objects to the continuance on behalf of her clients. The Court directs Plaintiffs counsel to contact the United States Attorney's office in Utah to discuss how Jeremy Johnson might be able to participate in any future hearings in this case. The Court discusses the schedule proposed in Plaintiffs Notice re: Status Conference (dkt. No. #1875 .) Plaintiff's request to file trial briefs up to 80 pages combined is granted. Defense counsel may file brief briefs up to 80 pages. Ms. Guerard advises the Court that Defendant Andy Johnson has signed a settlement agreement and it is being reviewed by the Commission. Sharla Johnson agreed to a settlement during the settlement conference with Magistrate Judge Foley. Ms. Guerard has proposed a global settlement, but Ms. Porters other clients have declined to settle at this time. This matter is referred to Magistrate Judge Foley to determine, at his discretion, whether an additional settlement conference should be scheduled. IT IS ORDERED: within 7 days, counsel are to 1) file a joint proposed scheduling order setting forth a proposed schedule for the items listed in Plaintiff's Notice (Dkt. No. #1875 ; 2) file a status report indicating which defendants did not oppose the summary judgment motions and a proposal from Plaintiffs on how to handle the summary judgment motions as to those defendants; 3) update the Court on where Jeremy Johnson is located and what arrangements have been made for his continued participation in this matter. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 1, 2016 Opinion or Order Filing 1882 Emergency MOTION for Release of Funds Attorney Fees for Criminal Defense in Light of Luis v. United States by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit A - Luis v. United States, #2 Exhibit B - Motion to Remand Johnson, #3 Exhibit C - Email and Financial Summary, #4 Exhibit D - Attorney Profiles)(Porter, Karra)
April 1, 2016 Opinion or Order Filing 1881 NOTICE of Appearance by attorney Karra J Porter on behalf of Defendant Jeremy D. Johnson. Limited to Pursuing "Luis" Motion (Porter, Karra)
March 30, 2016 Opinion or Order Filing 1880 ORDER granting #1879 Motion to Remove Attorney from Electronic Service List. Signed by Magistrate Judge George Foley, Jr., on 3/30/16. (Copies have been distributed pursuant to the NEF - JC)
March 29, 2016 Opinion or Order Filing 1879 MOTION to remove attorney(s) Michael K. Wall; Joseph S. Kistler; Jacob A. Reynolds; Ava M. Schaefer from the Electronic Service List in this case, by Defendants Sheree Vowell, Todd Vowell. (Kistler, Joseph)
March 28, 2016 Opinion or Order Filing 1878 MOTION Objecting to Sale of Stock; filed by Defendant Terrason Spinks-Jet Processing, Inc.. Responses due by 4/14/2016. (Boyack, Edward)
March 28, 2016 Opinion or Order Filing 1877 NOTICE re: #1876 MOTION for Order re: Fees and Expenses and Relief from LR 66-5; filed by Robb Evans. (Caris, Gary)
March 28, 2016 Opinion or Order Filing 1876 MOTION for Order re: Fees and Expenses and Relief from LR 66-5; filed by Receiver Robb Evans. Responses due by 4/14/2016. (Attachments: #1 Declaration of Gary Owen Caris, #2 Declaration of Brick Kane, #3 Exhibit 1, #4 Appendix 1 of 1, #5 Exhibit 2 to Appendix 1, #6 Exhibit 3 to Appendix 1, #7 Exhibit 4 to Appendix 1, #8 Exhibit 5 to Appendix 1, #9 Exhibit 6 to Appendix 1, #10 Exhibit 7 to Appendix 1, #11 Exhibit 8 to Appendix 1, #12 Exhibit 9 to Appendix 1, #13 Exhibit 10 to Appendix 1, #14 Exhibit 11 to Appendix 1, #15 Exhibit 12 to Appendix 1, #16 Proposed Order)(Caris, Gary)
March 22, 2016 Opinion or Order Filing 1875 NOTICE re Status Conference; filed by Federal Trade Commission. (Guerard, Collot)
March 15, 2016 Opinion or Order Filing 1874 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 3/15/2016. By Deputy Clerk: Peggie Vannozzi. Due to a calendar conflict, the bench trial set for 7/26/2016 at 9:00 AM is advanced to 7/19/2016 09:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. The Telephonic Calendar Call set for 7/18/2016 at 1:00 PM is advanced to 7/11/2016 at 1:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. All other deadlines remain the same. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
March 9, 2016 Opinion or Order Filing 1873 NOTICE re #1872 Motion for Order of Sale, filed by Robb Evans. (Caris, Gary)
March 9, 2016 Opinion or Order Filing 1872 MOTION for Order of Sale; filed by Receiver Robb Evans. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit, #3 Proposed Order)(Caris, Gary)
March 4, 2016 Opinion or Order Filing 1871 ORDER. IT IS HEREBY ORDERED that the Motion by Ms. Kosmidis (formerly Chen) for leave to withdraw asPlaintiffs counsel is Granted. Signed by Magistrate Judge George Foley, Jr on 3/4/16. (Copies have been distributed pursuant to the NEF - PS)
March 3, 2016 Opinion or Order Filing 1870 MOTION to Withdraw as Attorney for Plaintiff FTC by Theresa Chen by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Guerard, Collot)
February 29, 2016 Opinion or Order Filing 1869 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 2/29/2016. By Deputy Clerk: Peggie Vannozzi. Good cause appearing, it is ordered that the Motion to Continue Trial filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc. (dkt. no. #1866 ) is granted. The Bench Trial set for 3/28/2016 at 9:00 AM in Reno Courtroom 5 is reset to 7/26/2016 at 9:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. The Telephonic Calendar Call set for 3/21/2016 at 1:00 PM is reset to 7/18/2016 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. The telephonic status conference set for 3/3/2016 at 3:00 PM is reset to 4/4/2016 10:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. An amended order regarding trial will issue. (Copies have been distributed pursuant to the NEF - PAV)
February 26, 2016 Opinion or Order Filing 1868 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 2/26/2016. By Deputy Clerk: Peggie Vannozzi. A telephonic Status Conference is set for 3/3/2016 03:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Parties who are defendants in the jury trial in Case no. 2:11-cr-00501-DN-PMW in the District of Utah will be excused from participating. Counsel and pro se parties not excused are to call 1-888-251-2909, and enter code 3803398 and password 123456, at least 5 minutes prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
February 25, 2016 Opinion or Order Filing 1867 Mail Returned as Undeliverable re 1850 Minute Order, addressed to Andy Johnson. (PS)
February 25, 2016 Opinion or Order Filing 1866 UNOPPOSED SECOND MOTION to Continue Trial; filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
February 25, 2016 Opinion or Order Filing 1865 NOTICE re #1864 Motion for Order of Sale, filed by Robb Evans. (Caris, Gary)
February 25, 2016 Opinion or Order Filing 1864 MOTION for Order of Sale; filed by Receiver Robb Evans. (Attachments: #1 Declaration of M. Val Miller, #2 Exhibit 1 to Miller Declaration, #3 Exhibit 2 to Miller Declaration, #4 Proposed Order)(Caris, Gary)
February 22, 2016 Opinion or Order Filing 1863 AMENDED MINUTES OF PROCEEDINGS - Settlement Conference held on 2/22/2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Allison Reese; Pla Counsel: Collot Guerard and Robert Anguizola; Def Counsel: Kelly Macfarlane; Time of Hearing: 8:00 a.m.; The Court met individually with counsel for each party. Plaintiff and Relief Defendants Sharla Johnson, and her related entities, reached tentative settlements. However, no settlement was reached between Plaintiff and Defendants I Works and Duane Fielding or between Plaintiff and Relief Defendants Barbara and Kerry Johnson, and their related entities. If a continuance is granted due to the ongoing criminal trial, this Court will conduct a status hearing to consider the scheduling of a follow-up settlement conference. See attached Amended Minutes. (Copies have been distributed pursuant to the NEF - AR)
February 22, 2016 Opinion or Order Filing 1862 LETTER from Plaintiff, Lloyd Johnston to Judge George Foley regarding settlement offer. (PS)
February 22, 2016 Opinion or Order Filing 1861 MINUTES OF PROCEEDINGS - Settlement Conference held on Monday, February 22, 2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Allison Reese; Pla Counsel: Collot Guerard and Robert Anguizola; Def Counsel: Kelly Macfarlane; Time of Hearing: 8:00 a.m.; The Court met individually with counsel for each party. Plaintiff and Relief Defendants Barbara and Kerry Johnson, and Relief Defendants Sharla Johnson, and their related entities, reached tentative settlements. No settlement was reached between the Plaintiff and Defendants I Works and Duane Fielding. If a continuance is granted due to the ongoing criminal trial, this Court will conduct a status hearing to consider the scheduling of a follow-up settlement conference. See attached Minutes. (Copies have been distributed pursuant to the NEF - AR)
February 22, 2016 Opinion or Order Filing 1860 ORDER granting #1859 Notice and Stipulated Final Order for Permanent Injunction and Monetary Judgment as to Defendant Lloyd Johnston. (See Order for details.) Signed by Judge Miranda M. Du on 2/22/16. (Copies have been distributed pursuant to the NEF - PS)
February 19, 2016 Opinion or Order Filing 1859 NOTICE re: Settlement; filed by Federal Trade Commission. (Attachments: #1 Proposed Order)(Guerard, Collot)
February 19, 2016 Opinion or Order Filing 1858 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 2/19/2016 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard; Def Counsel: Kelly Macfarlane and Brad Mumford for Macus Mumford; Court Reporter/FTR #: 9:37a.m. - 10:05a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel regarding the settlement conference.Mr. Mumford advises the Court that some of the defendants in this case began a criminal jury trial on February 8, 2016 in the District of Utah. The Court for the District of Utah advised the selected jurors that the trial would last four (4) to six (6) weeks.Mr. Mumford makes an oral request to be joined in motion #1854 . The Court grants Mr. Mumfor's oral request.The Court will excuse all the defendants that are currently in the criminal jury trial in the District of Utah from being required to attend the settlement conference scheduled for Monday.The Settlement Conference scheduled for Monday, February 22, 2015 at 9:00 AM is ADVANCED to 8:00 AM (PST).(no image attached) (Copies have been distributed pursuant to the NEF - EMG)
February 19, 2016 Opinion or Order Filing 1857 ORDER granting #1854 Motion for Exception to the February 22, 2016 Settlement Conference Attendance Requirements. Signed by Magistrate Judge George Foley, Jr on February 19, 2016. (Copies have been distributed pursuant to the NEF - AR)
February 18, 2016 Opinion or Order Filing 1856 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 2/18/2016. By Deputy Clerk: Allison Reese. Telephonic Status Conference set for Friday, February 19, 2016 at 09:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.The parties are instructed to call telephone number: (888) 251-2909, access code 7771745 five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. If more than five (5) minutes are needed, please contact Elvia Garcia, courtroom deputy, at (702) 464-5430. (Copies have been distributed pursuant to the NEF - AR)
February 16, 2016 Opinion or Order Filing 1855 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 2/16/2016. By Deputy Clerk: Allison Reese. RE: Defendant Jeremy Johnson's #1854 Motion for Exception to Attend the February 22, 2016 Settlement Confrence. The parties have until 2/18/2016 to file a Response. (Copies have been distributed pursuant to the NEF - SLD)
February 15, 2016 Opinion or Order Filing 1854 MOTION For Exception to Attend the February 22, 2016 Settlement Confrence re #1814 Order Scheduling Settlement Conference, by Defendant Jeremy D. Johnson. Responses due by 3/3/2016. (Johnson, Jeremy)
February 11, 2016 Opinion or Order Filing 1853 ORDER granting #1849 Motion for Limited Exceptions to the February 22, 2016 Settlement Conference Attendance Requirements. Signed by Magistrate Judge George Foley, Jr on February 11, 2016. (Copies have been distributed pursuant to the NEF - AR)
February 8, 2016 Opinion or Order Filing 1852 ORDER granting #1851 Motion for Limited Exception to the February 22, 2016 Settlement Conference Attendance Requirements. Signed by Magistrate Judge George Foley, Jr on February 8, 2016. (Copies have been distributed pursuant to the NEF - AR)
February 5, 2016 Opinion or Order Filing 1851 MOTION for Limited Exception Attendance Requirements re #1814 Order Scheduling Settlement Conference, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. Responses due by 2/22/2016. (Attachments: #1 Proposed Order)(Porter, Karra)
February 5, 2016 Opinion or Order Filing 1850 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 2/5/2016. By Deputy Clerk: Allison Reese. RE: #1849 Motion for Limited Exceptions to the February 22, 2016 Settlement Conference Attendance Requirements. The parties shall have until February 10, 2016 to file an opposition to Plaintiff's motion. If no opposition is received, the Court will grant the motion. (Copies have been distributed pursuant to the NEF - AR)
February 4, 2016 Opinion or Order Filing 1849 MOTION for Exceptions to the Attendance Requirement re: #1814 ORDER Scheduling Settlement Conference; filed by Plaintiff Federal Trade Commission. Responses due by 2/21/2016. (Attachments: #1 Proposed Order)(Guerard, Collot)
February 4, 2016 Opinion or Order Filing 1848 CERTIFICATE OF SERVICE as to Sophia J. Daley re: 1835 MINUTE ORDER; filed by Receiver Robb Evans. (Caris, Gary)
February 4, 2016 Opinion or Order Filing 1847 CERTIFICATE OF SERVICE as to Jeremy Johnson re: 1835 MINUTE ORDER, filed by Receiver Robb Evans. (Caris, Gary)
January 29, 2016 Opinion or Order Filing 1846 NOTICE of Corrected Image/Document re #1838 Motion, by Receiver Robb Evans. (Service of corrected image is attached). (Attachments: #1 Exhibit 1 to Notice of Corrected Exhibit 1)(Caris, Gary)
January 29, 2016 Opinion or Order Filing 1845 NOTICE: of Attorney Action Required to #1844 Notice (Other): ERROR: Wrong event selected by attorney Gary Owen Caris. CORRECTION: Attorney advised to refile documents using the correct event, NOTICE of Corrected Image/Document, found under the NOTICES category and properly link newly filed notice to [1838 ] MOTION to Approve Settlement Agreement, pursuant to Special Order #109.(no image attached)(RFJ)
January 29, 2016 Opinion or Order Filing 1844 ERROR: Wrong event selected, by attorney . CORRECTION: Attorney advised to refile documents using the correct event. NOTICE; filed by Robb Evans re #1838 Motion,. (Attachments: #1 Exhibit 1)(Caris, Gary) Modified on 1/29/2016 (RFJ).
January 28, 2016 Opinion or Order Filing 1843 CERTIFICATE OF SERVICE for 1835 Minute Order,, Set/Reset Hearings, by Receiver Robb Evans. (Attachments: #1 Exhibit 1 to Casper Proof of Service)(Hawes, Lesley)
January 28, 2016 Opinion or Order Filing 1842 CERTIFICATE OF SERVICE for 1835 Minute Order,, Set/Reset Hearings, by Receiver Robb Evans. (Attachments: #1 Exhibit 1 to Daley Proof of Service)(Hawes, Lesley)
January 28, 2016 Opinion or Order Filing 1841 CERTIFICATE OF SERVICE for 1835 Minute Order,, Set/Reset Hearings, by Receiver Robb Evans. (Attachments: #1 Exhibit 1 to Johnson Proof of Service)(Hawes, Lesley)
January 28, 2016 Opinion or Order Filing 1840 RESPONSE to #1836 Motion for Release of Funds,, filed by Plaintiff Federal Trade Commission. Replies due by 2/7/2016. (Guerard, Collot)
January 28, 2016 Opinion or Order Filing 1839 NOTICE re: #1838 MOTION to Approve Settlement Agreement; filed by Robb Evans. (Caris, Gary)
January 28, 2016 Opinion or Order Filing 1838 MOTION to Approve Settlement Agreement; filed by Receiver Robb Evans. Responses due by 2/14/2016. (Attachments: #1 Declaration of Brick Kane, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Declaration of Gary Owen Caris, #8 Exhibit 1, #9 Exhibit 2, #10 Proposed Order)(Caris, Gary) Corrected image #1846 attached on 1/29/2016 (RFJ).
January 22, 2016 Opinion or Order Filing 1837 RESPONSE to #1836 Motion for Release of Funds,, filed by Receiver Robb Evans. Replies due by 2/1/2016. (Caris, Gary)
January 21, 2016 Opinion or Order Filing 1836 Emergency MOTION for Release of Funds by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit 1 Requests for Discovery, #2 Exhibit 2 Yellow Server Error Message, #3 Exhibit 3 Limited Power of Attorney, #4 Exhibit 4 Email 1/13/2016)(Johnson, Jeremy)
January 20, 2016 Opinion or Order Filing 1835 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 1/20/2016. By Deputy Clerk: Peggie Vannozzi. The Show Cause Hearing set for 2/11/2016 at 1:30 PM is reset to 4/20/2016 at 1:00 PM in a Las Vegas Courtroom to be determined before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
January 14, 2016 Opinion or Order Filing 1834 TRANSCRIPT of Proceedings, 1811 Order on Motion to Continue District Judge Hearing,,,,,,,,,,,,,,, Status Conference,,,,,,,,,,,,,, held on 12-29-15, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/4/2016. Redacted Transcript Deadline set for 2/14/2016. Release of Transcript Restriction set for 4/13/2016. (KF)
January 13, 2016 Opinion or Order Filing 1833 Mail Returned as Undeliverable re 1817 Minute Order, addressed to Loyd Johnston. (PS)
January 11, 2016 Opinion or Order Filing 1832 Mail Returned as Undeliverable re 1812 Minute Order, addressed to Loyd Johnson. (NEV)
January 11, 2016 Opinion or Order Filing 1831 Mail Returned as Undeliverable re #1794 Order addressed to Andy Johnson. (NEV)
January 11, 2016 Opinion or Order Filing 1830 Mail Returned as Undeliverable re 1802 Minutes of proceedings, addressed to Loyd Johnston. (PS) Modified on 1/12/2016 (NEV).
January 11, 2016 Opinion or Order Filing 1829 NOTICE re #1828 Motion, filed by Robb Evans. (Caris, Gary)
January 11, 2016 Opinion or Order Filing 1828 MOTION for Order Approving Settlement Agreement with Anthon Holdings Corp., Accu-Form Plastics Inc. and Duane Fielding by Receiver Robb Evans. Responses due by 1/28/2016. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit 1 to Declaration of Caris, #3 Proposed Order)(Caris, Gary)
January 8, 2016 Opinion or Order Filing 1827 RESPONSE to #1803 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order,, filed by Plaintiff Federal Trade Commission. Replies due by 1/18/2016. (Attachments: #1 Transcript of 7.11.11 Detention Hearing)(Weinman, Dotan)
January 8, 2016 Opinion or Order Filing 1826 ORDER Granting #1813 Motion Authorizing Receiver to Release Custody of the Zeus Server. Signed by Judge Miranda M. Du on 1/7/16. (Copies have been distributed pursuant to the NEF - TR)
January 8, 2016 Opinion or Order Filing 1825 ORDER Granting #1824 Stipulation for Extension of Time re #1763 Motion for Sanctions re Discovery. Replies due by 2/8/2016. Signed by Judge Miranda M. Du on 1/7/16. (Copies have been distributed pursuant to the NEF - TR)
January 7, 2016 Opinion or Order Filing 1824 First UNOPPOSED MOTION for Extension of Time to Respond to Receiver and FTC Opposition by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Johnson, Jeremy)
January 7, 2016 Opinion or Order Filing 1823 TRANSCRIPT of Proceedings, 1788 Order on Motion,,,,,,,, Order on Motion for Protective Order,,,,,,,,,,,,,,,,,,,,,,,, Motion Hearing,,,,,,,, Set/Reset Motion and R&R Deadlines/Hearings,,,,,,, held on 12-18-15, before Magistrate Judge George Foley, Jr. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 1/28/2016. Redacted Transcript Deadline set for 2/7/2016. Release of Transcript Restriction set for 4/6/2016. (KF)
January 7, 2016 Opinion or Order Filing 1822 RESPONSE to #1803 Objections re LR IB 3-1 or Motion for District Judge to Reconsider Order, filed by Receiver Robb Evans. Replies due by 1/17/2016. (Caris, Gary)
January 4, 2016 Opinion or Order Filing 1821 Mail Returned as Undeliverable re #1779 Order on Motion for Release of Funds, addressed to Lifestyle for Fitness, Inc.. (PS)
December 31, 2015 Opinion or Order Filing 1820 Mail Returned as Undeliverable re #1739 Order on Motion for Release of Funds, addressed to Andy Johnson. (PS)
December 31, 2015 Opinion or Order Filing 1819 Mail Returned as Undeliverable re #1762 Order, addressed to Andy Johnson. (PS)
December 31, 2015 Opinion or Order Filing 1818 ORDER. The Court grants summary judgment in favor of the FTC on the issue of affiliate liability, common enterprise liability, and individual liability with respect to Defendants Jeremy Johnson and Ryan Riddle. The Court finds that a genuine material issue of fact exists as to the individual liability of the other five Individual Defendants (Scott Leavitt, Andy Johnson, Duane Fielding, Lloyd Jonson, and Terrason Spinks). The Court denies summary judgment on the issue of disgorgement. The #1649 Motion to Strike is denied as moot. Signed by Judge Miranda M. Du on 12/31/15. (Copies have been distributed pursuant to the NEF - TR)
December 31, 2015 Opinion or Order Filing 1817 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 12/31/2015. By Deputy Clerk: Peggie Vannozzi. Pursuant to the Court's minute order (dkt. no. 1811 ), responses to Receiver's Motion for Order Authorizing Receiver to Release Custody of the Zeus Server to Special Agent Randy Kim of the FBI for Cloning(dkt. no. #1813 ) are due within 7 days of the filing of the motion. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
December 30, 2015 Opinion or Order Filing 1816 Mail Returned as Undeliverable re 1788 Minutes of Proceedings, addressed to Lifestyle for Fitness, Inc.. (PS)
December 30, 2015 Opinion or Order Filing 1815 Mail Returned as Undeliverable re #1787 Order on Motion, addressed to Lifestyle for Fitness, Inc.. (PS)
December 30, 2015 Opinion or Order Filing 1814 ORDER Scheduling Settlement Conference: Settlement Conference set for 2/22/2016 at 9:00 AM before Magistrate Judge George Foley Jr., Room 3099, Lloyd D. George United States Courthouse, 333 Las Vegas Boulevard South, Las Vegas, Nevada. Signed by Magistrate Judge George Foley, Jr on 12/30/15. (Copies have been distributed pursuant to the NEF - PS)
December 30, 2015 Opinion or Order Filing 1813 Emergency MOTION Receiver's Emergency Motion for Order Authorizing Receiver to Release Custody of the Zeus Server to Special Agent Randy Kim of the FBI for Cloning; Declaration of Gary Owen Caris by Receiver Robb Evans. Responses due by 1/16/2016. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit 1 to Declaration of Caris, #3 Proposed Order)(Caris, Gary)
December 29, 2015 Opinion or Order Filing 1812 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 12/29/2015. By Deputy Clerk: Peggie Vannozzi. Pursuant to LR 16-5, the Court finds that it is appropriate to refer this case to the Magistrate Judge to conduct a settlement conference. The parties are directed to schedule a settlement conference with Magistrate Judge George W. Foley, Jr. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
December 29, 2015 Opinion or Order Filing 1811 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 12/29/2015 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard and Dotan Weinman; Def Counsel: Jeremy Johnson, pro se; Karra Porter, Phillip Lowry and Sarah Spencer for Corporate Defendants; Alan Boyack for Defendant Spinks; Court Reporter/FTR #: Kathy French; Time of Hearing: 10:06 AM - 11:45 AM; Courtroom: 5; Also present: Gary Caris and Lesley Hawes, counsel for Receiver. The Court outlines the issues to be addressed at the hearing. Ms. Guerard, Ms. Porter, Mr. Johnson and Mr. Caris make statements with regard to the documents found on the Zeus Server. The Court notes that it considers the issue of authorizing release of the Zeus Server to Special Agent Kim for cloning only because the Court through the Receiver has custody of the server. The Court does not address whether the server should be cloned, as that issue is not pertinent to this case and the Court defers to the District of Utah in the Criminal case. The Court orders Receiver's counsel to file a request, as he proposed, with the Court that outlines the terms under which the Zeus Server may be released to Special Agent Kim so that the Server may be cloned if the Court in Utah determines it is appropriate to for the agent to clone it. The parties will have 7 days after the Receiver files the request to object to the terms and conditions proposed by Receiver. The Court hears argument from Ms. Guerard, Ms. Porter and Mr. Johnson on Plaintiffs Motion to Continue the Trial (dkt. No. #1805 .) The Court finds good cause to grant a brief continuance to allow the parties time to review the recently obtained information. It is ordered: Plaintiffs Motion to Continue Trial (dkt. No. #1805 ) is granted. The new trial date will be March 28, 2016 at 9:00 AM. (A telephonic Calendar call will be held on Monday, March 21, 2016 at 1:00 PM Pacific Time.) It is further ordered: Motions in Limine with respect to recently obtained information from the Zeus server are to be fully briefed no later than 15 days before the trial. All other deadlines are set forth in the Order re: Trial. Counsel estimate the entire trial will take at least 3 weeks. Mr. Caris and Ms. Hawes leave the conference call at this point. Mr. Lowry and Ms. Guerard present argument on Plaintiffs Sealed Motion in Limine (dkt. No. 1719 in unredacted form, dkt. No. #1721 in redacted form.) The Court defers ruling on the motion in part, and will issue a written order on whether the White Paper is admissible. The Court denies Plaintiffs Motion in Limine (dkt. No. 1719 , redacted dkt. No. #1721 ) with regard to judicial admission for the reasons given in open court. Ms. Guerard discusses with the Court the CD Plaintiff provided with regard to Plaintiffs Motion in Limine for Admission re: Consumer Complaints (dkt. No. #1735 .) Ms. Guerard asks the Court whether the Summary Judgment ruling applies to the 16 shell companies represented by Brett Ekins who did not file responses. The Court indicates that its rulings will apply to those companies. Ms. Porter asks that Ms. Guerard give her a list of those Defendants and Mr. Ekins' contact information so that she can follow up on the status of Mr. Ekins' representation of those 16 shell companies. (Copies have been distributed pursuant to the NEF - PAV)
December 28, 2015 Opinion or Order Filing 1810 RESPONSE to #1763 Motion for Sanctions re Discovery, filed by Plaintiff Federal Trade Commission. Replies due by 1/7/2016. (Attachments: #1 Virgin Offers Media's Responses to FTC's CID)(Weinman, Dotan)
December 28, 2015 Opinion or Order Filing 1809 RESPONSE to #1763 Motion for Sanctions re Discovery, filed by Receiver Robb Evans. Replies due by 1/7/2016. (Attachments: #1 Declaration of Edward Roop, #2 Supplement Request for Judicial Notice)(Caris, Gary)
December 23, 2015 Opinion or Order Filing 1808 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 12/23/2015. By Judicial Assistant: Kathy Ryd. At the status conference set for December 29, 2015, the parties should be prepared to address Defendants' argument in opposition to the FTC's motion in limine (dkt. no. 1719 ) that the White Paper amounts to settlement discussion and is inadmissible under Fed. R. Evid. 408. (Dkt. no. #1770 at 14.) (no image attached) (Copies have been distributed pursuant to the NEF - KER)
December 23, 2015 Opinion or Order Filing 1807 TRANSCRIPT of Proceedings, 1800 Order on Motion in Limine, Status Conference, held on 12-22-15, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's Transcript Order form available on our website, at www.nvd.uscourts.gov, before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 1/13/2016. Redacted Transcript Deadline set for 1/23/2016. Release of Transcript Restriction set for 3/22/2016. (KF)
December 23, 2015 Opinion or Order Filing 1805 FIRST MOTION to Continue Trial re: 1804 AMENDED MINUTES OF PROCEEDINGS; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Karra Porter, #2 Proposed Order)(Weinman, Dotan)
December 23, 2015 Opinion or Order Filing 1804 AMENDED MINUTES OF PROCEEDINGS of the Honorable Judge Miranda M. Du, on 12/23/2015. By Judicial Assistant: Kathy Ryd. - Status Conference held on 12/22/2015 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Dotan Weinman, Joseph R. Brooke, Jody Goodman, Robert Anguizola, Lois Greisman; Def Counsel: Jeremy Johnson (pro se); Karra Porter, Sarah Spencer, Philip Lowry, Kelly Macfarlane (for Corporate/Relief defendants); Court Reporter/FTR #: Kathy French; Time of Hearing: 9:17 AM - 1:03 PM; Courtroom: 5; The Court indicates that it will be issuing written orders sometime next week on the following motions: 1) granting FTCs Motion for Summary Judgment with respect to affiliate liability and common enterprise liability (dkt. no. #1235 ;) 2) granting FTCs Motion for Summary Judgment (dkt. no. #1278 ) with respect to individual liability as to Ryan Riddle and Jeremy Johnson, named in counts I through X of the complaint, and denying the motion as to the other individual defendants named in in counts I through X, and as to relief defendants named in count XI; 3) Denying Relief Defendants Motion for Partial Summary Judgment (dkt. no. #1284 ). Ms. Guerard advises that the FTC has withdrawn its subpoenas to all defendants, including Jeremy Johnson and Scott Leavitt. The Court grants FTCs Motion in Limine regarding Defendants and Nonparties testimony at Trial (dkt. no. #1694 ) in part and denies it in part. For Defendants and their witnesses who are identified on Defendants witness list, the Court will allow the FTC to examine them in one of two ways. First, the FTC may examine these Defendants and witnesses when they appear to testify on behalf of Defendants and their testimony will be considered as part of the FTCs case in chief so they may be examined out of context. In the alternative, these witnesses appear to testify as part of the FTCs case in chief to the extent the FTC wishes to call them. If the second option is utilized, the FTC will be required to cover the costs of witness fees, travel and lodging for these witnesses for the entire time they are required to be present to testify as part of the FTCs case in chief as required by the FTC. The Court cites Rule 45. The Court expects the parties to confer further to determine the order in which the parties and witnesses will appear and advise it whether the parties will proceed with the first alternative of allowing witnesses designated by both sides to testify fully during Defendants' case and the FTC's case or the second alternative of requiring witnesses designated by both sides to appear as part of the FTC's case in chief first. The following motions are denied: 1) Corporate/Relief Defendants Motion in Limine (dkt. no. #1730 ) to Exclude Documents re: Zeus Server.2) Corporate/Relief Defendants Motion in Limine to Exclude re: FTC Evidence (dkt. no. #1732 ) (without prejudice);3) Corporate/Relief Defendants Motion in Limine to Exclude re: Evidence (dkt. no. #1733 ). The Court directs the parties to meet and confer on the authentication and admissibility of records that is the subject of FTCs Motion in Limine (dkt. no. #1734 ), but agrees with Defendants that it should defer its ruling. FTC's Motion in Limine (dkt. no. #1734 ) is denied without prejudice. The Court will defer its ruling on FTC's Motion for Admission re: Consumer Complaints (dkt. no. #1735 ), FTC's Sealed Motion in Limine (dkt. no. 1719 ) and redacted public version, dkt. no. #1721 ). The Court hears argument from Ms. Guerard, Ms. Porter, Mr. Jeremy Johnson and Mr. Caris regarding the recent data discovered on the Zeus server and efforts of Special Agent Randy Kim to make a forensic image or clone of the server in preparation for the District of Utah criminal case. Mr. Caris indicates that a stipulation to release the server to Special Agent Kim was prepared by Mr. Boyack's office was not acceptable to Receiver. Mr. Caris asks the Court to order Receiver to transfer custody and control of the original Zeus server to Special Agent Kim. Ms. Guerard, Ms. Porter and Mr. Johnson discuss the amount of time they will need to review the material when it is released by Special Agent Kim. The Court indicates that it may consider continuing the trial to allow the parties to review the information produced if the amount of information is significant. Ms. Guerard expressed concerns about proceeding with trial in light of the potential for more information. Mr. Jeremy Johnson is not certain whether a continuance is needed. Ms. Porter raises concerns about a continuance and indicates that she is not asking to continue the trial. The Court will commence trial on January 19, 2016, for a period of 9 trial days. If the trial does not end within those 9 days, the trial will need to be continued to a later date, possibly in April. The Court will issue an Order Regarding Trial tailored specifically to this case. The Joint Pretrial Order is due within 2 weeks of this date. A pretrial status conference is set for December 29, 2016, at 10:00 AM PST. (The parties are to use the following call in information: 1-888-251-2909, code 3803398, password 123456.) At the hearing, the parties are to report on the status of the review of the data obtained from the Zeus Disk and if they have made progress on the stipulation to release the Zeus Server to the FBI for cloning. If the stipulation is achieved prior to the hearing, they may file the stipulation for the Court to consider. Mr. Boyack asks if he will need to get the pro se defendants who signed the earlier stipulation back into his office to sign off on a new stipulation and whether the Court will just allow the stipulation signed by the pro se defendants to stand. The Court will not approve a stipulation that it has not seen. The Stipulation should also address the plan Special Agent Kim has to clone the server and to assure the Court that the server will not be harmed in the cloning process. The Court will not shortcut the process. Ms. Guerard asks if the Court's minute order will be issued today. The Court recaps its rulings. Ms. Guerard asks if the schedule in the Court's new Order Regarding Trial will supersede the dates set by documents 1602 and #1603 . The Court indicates that the order regarding trial that will be issued today will control the deadlines for the trial, including dates for the filing of trial briefs and proposed findings of fact, conclusions of law. (no image attached) (Copies have been distributed pursuant to the NEF - KER)
December 22, 2015 Opinion or Order Filing 1806 Mail Returned as Undeliverable re #1766 Order on Motion for Release of Funds, addressed to Lifestyle for Fitness, Inc.. (PS)
December 22, 2015 Opinion or Order Filing 1803 OBJECTIONS re LR IB 3-1 or MOTION for District Judge to Reconsider Order re #1772 Order, filed by Defendant Jeremy D. Johnson. Responses due by 1/8/2016. (Attachments: #1 Exhibit 1, #2 Exhibit 2 Declaration, #3 Exhibit 3 Deposition, #4 Exhibit 4 Deposition, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Johnson, Jeremy)
December 22, 2015 Opinion or Order Filing 1802 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/22/2015 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard and Dotan Weinman; Def Counsel: Karra Porter, Phillip Lowry and Jeremy Johnson, Pro Se; Court Reporter/FTR #: 2:41p.m. - 2:53p.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to [1,774] Motion to Unseal re: Exhibits. The Court sets forth its findings on the record and denies the motion, as stated on the record. (Copies have been distributed pursuant to the NEF - EMG)
December 22, 2015 Opinion or Order Filing 1801 ORDER REGARDING TRIAL. Bench Trial set for 1/19/2016 09:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. Calendar Call set for 1/12/2016 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Exhibit List due by 1/12/2016. Proposed Findings of Fact and Conclusions of Law due by 1/12/2016. Trial Briefs due by 1/12/2016. Please see the order for instructions for the submission of trial related documents. Signed by Judge Miranda M. Du on 12/22/2015. (Copies have been distributed pursuant to the NEF - PAV)
December 22, 2015 Opinion or Order Filing 1800 MINUTES OF PROCEEDINGS - Status Conference held on 12/22/2015 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Dotan Weinman, Joseph R. Brooke, Jody Goodman, Robert Anguizola, Lois Greisman; Def Counsel: Jeremy Johnson (pro se); Karra Porter, Sarah Spencer, Philip Lowry, Kelly Macfarlane (for Corporate/Relief defendants); Court Reporter/FTR #: Kathy French; Time of Hearing: 9:17 AM - 1:03 AM; Courtroom: 5; The Court indicates that it will be issuing written orders sometime next week on the following motions: 1) granting FTCs Motion for Summary Judgment Against All Corporate Liability Defendants (dkt. No. #1235 ;) 2) granting FTCs Motion for Summary Judgment (dkt. No. #1278 ) as to Ryan Riddle and Jeremy Johnson, named in counts I through X of the complaint, and denying the motion as to the other individual defendants named in in counts I through X and as to relief defendants named in count XI; 3) Denying Relief Defendants Motion for Partial Summary Judgment (dkt. No. [1284.]) Ms. Guerard advises that the FTC has withdrawn its subpoenas to all defendants, including Jeremy Johnson and Scott Leavitt. The Court grants FTCs Motion in Limine regarding Defendants and Nonparties testimony at Trial (dkt. No. #1694 ) in part and denies it in part. The Court will allow the FTC to examine Defendants called in Defendants' case in chief as if they were called in FTC's case in chief if the FTC has designated them as witnesses. If the FTC wishes to call them in their case in chief, then the FTC will be required to cover the costs of witness fees, travel and lodging for any witness for the entire time of the trial. The Court cites Rule 45. The Court expects the parties to confer further to determine the order in which the parties and witnesses will appear and advise it whether the parties will proceed with the first alternative of allowing witnesses designated by both sides to testify fully during defendants case or second alternative of requiring witnesses designated by both sides to remain on call as witnesses for the duration of the trial. The following motions are denied: 1) Corporate/Relief Defendants Motion in Limine (dkt. No. #1730 ) to Exclude Documents re: Zeus Server. 2) Corporate/Relief Defendants Motion in Limine to Exclude re: FTC Evidence (dkt. No. #1732 ) (without prejudice); 3) Corporate/Relief Defendants Motion in Limine to Exclude re: Evidence (dkt. No. #1733 ). The Court directs the parties to meet and confer on the authentication and admissibility of records that is the subject of FTCs Motion in Limine (dkt. No. #1734 ) and FTCs Motion for Admission re: Consumer Complaints (dkt. No. #1735 ). The Court will defer its ruling on these motions. The Court will also defer its rulings on FTCs Sealed Motion in Limine (Dkt. No. 1719 ) and redacted public version, dkt. No. #1721 ). The Court hears argument from Ms. Guerard, Ms. Porter, Mr. Jeremy Johnson and Mr. Caris regarding the recent data discovered on the Zeus server and efforts of Special Agent Randy Kim to make a forensic image or clone of the server in preparation for the District of Utah criminal case. Mr. Caris indicates that a stipulation to release the server to Special Agent Kim was prepared by Mr. Boyack's office was not acceptable to Receiver. Mr. Caris asks the Court to order Receiver to transfer custody and control of the original Zeus server to Special Agent Kim. Ms. Guerard, Ms. Porter and Mr. Johnson discuss the amount of time they will need to review the material when it is released by Special Agent Kim. The Court indicates that it may consider continuing the trial to allow the parties to review the information produced if the amount of information is significant. Ms. Guerard, Ms. Porter and Mr. Jeremy Johnson indicate that they are not asking to continue the trial. The Court will commence trial on January 19, 2016 for a period of 9 trial days. If the trial does not end within those 9 days, the trial will need to be continued to a later date, possibly in April. The Court will issue an Order Regarding Trial tailored specifically to this case. The Joint Pretrial Order is due within 2 weeks of this date. A pretrial status conference is set for December 29, 2016 at 10:00 AM PST. (The parties are to use the following call in information: 1-888-251-2909, code 3803398, password 123456.) At the hearing, the parties are to report on the status of the review of the data obtained from the Zeus Disk and if they have made progress on the stipulation to release the Zeus Server to the FBI for cloning. If the stipulation is achieved prior to the hearing, they may file the stipulation for the Court to consider. Mr. Boyack asks if he will need to get the pro se defendants who signed the earlier stipulation back into his office to sign off on a new stipulation and whether the Court will just allow the stipulation signed by the pro se defendants to stand. The Court will not approve a stipulation that it has not seen. The Stipulation should also address the plan Special Agent Kim has to clone the server and to assure the Court that the server will not be harmed in the cloning process. The Court will not short cut the process. Ms. Guerard asks if the Court's minute order will be issued today. The Court recaps its rulings. Ms. Guerard asks if the schedule in the Court's new Order Regarding Trial will supersede the dates set by documents 1602 and #1603 . The Court indicates that the order regarding trial that will be issued today will control the deadlines for the trial, including dates for the filing of trial briefs and proposed findings of fact, conclusions of law. (Copies have been distributed pursuant to the NEF - PAV)
December 22, 2015 Opinion or Order Filing 1796 REPLY to Response to #1774 Motion to Unseal filed by Plaintiff Federal Trade Commission. (Guerard, Collot)
December 21, 2015 Opinion or Order Filing 1799 Mail Returned as Undeliverable re 1752 Order on Motion for Sanctions re Discovery, addressed to Loyd Johnston. (PS)
December 21, 2015 Opinion or Order Filing 1798 Mail Returned as Undeliverable re 1767 Minute Order Setting Hearing on Motion, addressed to Loyd Johnston. (PS)
December 21, 2015 Opinion or Order Filing 1797 Mail Returned as Undeliverable re 1767 Minute Order Setting Hearing on Motion, addressed to Lifestyle for Fitness, Inc. (PS)
December 21, 2015 Opinion or Order Filing 1795 RESPONSE to #1774 Motion to Unseal, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. Replies due by 12/31/2015. (Porter, Karra)
December 21, 2015 Opinion or Order Filing 1794 ORDER. The Court granted summary judgment in favor of the FTC in part with respect to #1586 ("SJ Order"). The Court directed the parties to meet and confer and submit a list of sites that the FTC contends are similar to the sites considered in the SJ Order and identify where there exists disagreement about this list 1599 . 1. Exh. 120: The Court clarifies that summary judgment is granted with respect to Exh. 120 as to Counts II, IV, V and VI. 2. Google Websites: The Court denies summary judgment with respect to the Google websites. 3. Incomplete Sites: The Court denies summary judgment with respect to the counts that Defendants contend are outside of the scope of the SJ Order on the following sites.* Summary judgment is denied with respect to the following sites as to Counts II, V and IV.* Summary judgment is denied with respect to the following sites as to Counts II, VI, IV. and V.* 4. Remaining Sites: The Court agrees with Defendants that genuine issue of material fact exists as to whether the following sites violate the FTC Act with respect to the counts in dispute. 5. Additional Filings: The FTC is directed to forward a copy of the two charts to Defendants to give them a chance to correct any error. The charts must be filed within fifteen days. *See Order for details. Signed by Judge Miranda M. Du on 12/21/15. (Copies have been distributed pursuant to the NEF - PS)
December 21, 2015 Opinion or Order Filing 1793 CERTIFICATE OF SERVICE for #1762 Order,, Set/Reset Hearings,, Set/Reset Deadlines, by Receiver Robb Evans. (Caris, Gary)
December 21, 2015 Opinion or Order Filing 1792 CERTIFICATE OF SERVICE for #1762 Order,, Set/Reset Hearings,, Set/Reset Deadlines, by Receiver Robb Evans. (Caris, Gary)
December 21, 2015 Opinion or Order Filing 1791 CERTIFICATE OF SERVICE for #1762 Order,, Set/Reset Hearings,, Set/Reset Deadlines, by Receiver Robb Evans. (Caris, Gary)
December 18, 2015 Opinion or Order Filing 1790 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 12/18/2015. By Deputy Clerk: Peggie Vannozzi. Defendant Jeremy Johnson's motion for an expedited hearing on his motion for sanctions (dkt no. #1764 ) is denied. Johnson has failed to demonstrate good cause to support an expedited review, particularly in light of the timing of the motion filed on the verge of an anticipated lengthy bench trial. The Court will determine whether a hearing is needed in the normal course of its consideration of the motion for sanctions after the scheduled trial. (Copies have been distributed pursuant to the NEF - PAV)
December 18, 2015 Opinion or Order Filing 1788 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/18/2015 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, Roberto Anguizola, Dotan Weinman, Jody Goodman, Ron Brooks, Lois Greisman and Jeanette Swent, Utah AUSA; Def Counsel: Karra Porter, Jeremy Johnson, Pro Se, Bryce Payne and Scott Leavitt; Court Reporter/FTR #: 9:37a.m. - 10:20a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to [1,696] Defendant's Emergency Motion to Clarify Minute Entry, [1,704] Defendant's First Motion for Protective Order, [1,710] Defendant's Emergency Motion for Protective Order and [1,761] Defendant's Emergency Motion for Protective Order.The Court sets forth its findings on the record and denies all motions discussed in open court today. The transcript of these proceedings will serve as the Court's Order.The Court makes preliminary remarks regarding #1774 Plaintiff's Motion to Unseal re: Exhibits. Ms. Porter would like to respond to the motion. It is so ordered, written response is due by 12/21/15.Motion Hearing re: #1774 Plaintiff's Motion to Unseal re: Exhibits is set for Tuesday, December 22, 2015 at 2:30 PM (PST) in LV Courtroom 3A before Magistrate Judge George Foley Jr.Parties are instructed to call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (Copies have been distributed pursuant to the NEF - EMG)
December 17, 2015 Opinion or Order Filing 1789 Mail Returned as Undeliverable re #1739 Order on Motion for Release of Funds, addressed to Lifestyle for Fitness, Inc.. (PS)
December 17, 2015 Opinion or Order Filing 1787 ORDER Granting #1691 Motion (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from April 1, 2015 through August 31, 2015; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 12/7/15. (Copies have been distributed pursuant to the NEF - PS)
December 17, 2015 Opinion or Order Filing 1786 RESPONSE to #1732 Motion in Limine, filed by Plaintiff Federal Trade Commission. (Goodman, Jody)
December 17, 2015 Opinion or Order Filing 1785 REPLY to Response to #1761 Motion for Protective Order,,, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
December 17, 2015 Opinion or Order Filing 1784 RESPONSE to #1735 Motion in Limine,, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Attachments: #1 Exhibit A, #2 Exhibit B)(Porter, Karra)
December 17, 2015 Opinion or Order Filing 1783 RESPONSE to #1734 Motion in Limine, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
December 17, 2015 Opinion or Order Filing 1782 RESPONSE to #1730 Motion in Limine, filed by Plaintiff Federal Trade Commission. (Weinman, Dotan)
December 17, 2015 Opinion or Order Filing 1780 RESPONSE to #1730 Motion in Limine, filed by Receiver Robb Evans. Replies due by 12/27/2015. (Attachments: #1 Declaration of Edward Roop, #2 Exhibit 1)(Caris, Gary)
December 17, 2015 Opinion or Order Filing 1779 SECOND AMENDED ORDER. It is Ordered that Defendants' Motion for Release of Funds #1686 is Granted in part and Denied in part. It is Granted in that funds will be released to cover Defendants' lodging and meal expense of up to $140 per day for a 4 person legal team for the duration of the trial. It is denied in all other respect. It is further Ordered that Defendants Terrason Spinks and Jet Processing, Inc.'s Motion for Release of Funds #1698 is Denied. Signed by Judge Miranda M. Du on 12/17/15. (Copies have been distributed pursuant to the NEF - PS)
December 17, 2015 Opinion or Order Filing 1778 RESPONSE to #1733 Motion in Limine, filed by Plaintiff Federal Trade Commission. (Brooke, Joseph)
December 16, 2015 Opinion or Order Filing 1781 Mail Returned as Undeliverable re 1749 Minute Order Setting Hearing on Motion, addressed to Lifestyle for Fitness, Inc. (PS)
December 16, 2015 Opinion or Order Filing 1777 RESPONSE to #1733 Motion in Limine, filed by Receiver Robb Evans. Replies due by 12/26/2015. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3)(Caris, Gary)
December 15, 2015 Opinion or Order Filing 1775 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 12/15/2015. By Deputy Clerk: E. Garcia. Parties appearing telephonically for the Motion's Hearing scheduled for Friday, December 18, 2015 at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr., are instructed as follows:Please call the Audio Conference Line at (888) 251-2909, access code 7771745, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.(no image attached) (Copies have been distributed pursuant to the NEF - EMG)
December 15, 2015 Opinion or Order Filing 1774 MOTION to Unseal re: Exhibits; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Guerard, Collot)
December 14, 2015 Opinion or Order Filing 1773 Amended Order. It is ordered that #1620 Motion for Release of Funds is granted in part and denied in part. It is further ordered that #1698 Motion for Release of Funds is denied. Signed by Judge Miranda M. Du on 12/14/15. (Copies have been distributed pursuant to the NEF - TR)
December 14, 2015 Opinion or Order Filing 1772 Amended Order. It is therefore ordered that #1620 Motion for Release of Funds and request for a Monsanto hearing is denied. #1622 Motion for an Expedited Hearing is denied as moot. Signed by Judge Miranda M. Du on 12/14/15. (Copies have been distributed pursuant to the NEF - TR)
December 11, 2015 Opinion or Order Filing 1776 JOINING OF PRO SE DEFENDANT Jeremy Johnson's #1696 Emergency Motion, filed by Defendant Bryce Payne. (PS)
December 10, 2015 Opinion or Order Filing 1771 Mail Returned as Undeliverable re #1729 Order on Motion for Leave to File, addressed to Lifestyle for Fitness, Inc.. (PS)
December 10, 2015 Opinion or Order Filing 1770 RESPONSE to #1721 Motion in Limine, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
December 9, 2015 Opinion or Order Filing 1769 RESPONSE to #1761 Motion for Protective Order, filed by Plaintiff Federal Trade Commission. Replies due by 12/19/2015. (Attachments: #1 Email)(Weinman, Dotan)
December 9, 2015 Opinion or Order Filing 1768 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 12/9/2015. By Judicial Assistant: Julia Wright. RE: #1761 Defendants' MOTION for Protective Order Motion Hearing set for Friday, December 18, 2015, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW)
December 9, 2015 Opinion or Order Filing 1767 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 12/9/2015. By Judicial Assistant: Julia Wright. RE: #1761 Defendants' MOTION for Protective Order Motion Hearing set for Wednesday, January 6, 2016, at 2:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr.Oppositions are due no later than December 28, 2015 and Replies due no later than January 6, 2016.The parties are instructed to call telephone number: (888) 251-2909, access code 7771745 five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. If more than five lines are needed, please contact Elvia Garcia, courtroom deputy, at (702) 464-5430. (Copies have been distributed pursuant to the NEF - JBW)
December 9, 2015 Opinion or Order Filing 1766 ORDER. IT IS ORDERED that Defendants' Motion for Release of Funds #1620 is Granted in part and Denied in part. It is Granted in that funds will be released to cover Defendants' lodging and meal expense of up to $140.00 per day for a 4 person legal team for the duration of the trial. It is denied in all other respect.IT IS FURTHER ORDERED that Defendants Terrason Spinks and Jet Processing, Inc.'s Motion for Release of Funds #1698 is Denied. Signed by Judge Miranda M. Du on 12/9/15. (Copies have been distributed pursuant to the NEF - PS)
December 9, 2015 Opinion or Order Filing 1765 RESPONSE to #1764 Motion for Hearing, filed by Receiver Robb Evans. Replies due by 12/19/2015. (Caris, Gary)
December 8, 2015 Opinion or Order Filing 1764 MOTION for Hearing re #1763 MOTION for Sanctions re Discovery, filed by Defendant Jeremy D. Johnson. (Attachments: #1 1 AUSA Robert Lunnen Email, #2 2 Gary Caris Email, #3 3 Brick Kane Email)(Johnson, Jeremy)
December 8, 2015 Opinion or Order Filing 1763 MOTION for Sanctions re Discovery; filed by Defendant Jeremy D. Johnson. Responses due by 12/25/2015. (Attachments: #1 Exhibit 1 Declaration, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Johnson, Jeremy)
December 8, 2015 Opinion or Order Filing 1761 MOTION for Protective Order; filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
December 7, 2015 Opinion or Order Filing 1762 ORDER. IT IS ORDERED that Sophia Daley, Defendant Jeremy Johnson and Richard H. Casper, and each of them, shall appear in person before this Court for a hearing to be conducted commencing at 1:30 p.m. on 2/11/16, in Courtroom TBA of this Court located at 333 Las Vegas Blvd., South, Las Vegas, Nevada 89101. See Order for details on effectuating service. Signed by Judge Miranda M. Du on 12/7/15. (Copies have been distributed pursuant to the NEF - PS)
December 7, 2015 Opinion or Order Filing 1760 RESPONSE to #1710 Motion for Protective Order, filed by Intervenor United States of America. Replies due by 12/17/2015. (Attachments: #1 Exhibit A)(Swent, Jeannette)
December 7, 2015 Opinion or Order Filing 1759 REPLY to Response to #1696 Emergency MOTION To Clarify Minute Entry; filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
December 4, 2015 Opinion or Order Filing 1758 ORDER Granting #1709 FTC's Motion for Leave to File IWorks White Paper Under Temporary Seal. IT IS HEREBY ORDERED THAT the FTC is permitted to file the iWorks White Paper, its appendices, and the cover letter containing allegedly confidential material under a temporary seal that will remain in place pending a decision on defendant Jeremy Johnson's Motion for Protective Order #1704 and the concurrent motions of defendant Ryan Riddle and settled Defendant Bryce Payne. Signed by Magistrate Judge George Foley, Jr on 12/4/15. (Copies have been distributed pursuant to the NEF - PS)
December 4, 2015 Opinion or Order Filing 1757 DECLARATION re #1756 Reply to Response to Motion ; by Defendants Jet Processing Inc., Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
December 4, 2015 Opinion or Order Filing 1756 REPLY to Response to #1686 Motion for Release of Funds,,,, filed by Defendants Jet Processing Inc., Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
December 4, 2015 Opinion or Order Filing 1755 DECLARATION re #1754 Reply to Response to Motion ; by Defendants Jet Processing Inc., Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
December 4, 2015 Opinion or Order Filing 1754 REPLY to Response to #1698 Motion for Release of Funds filed by Defendants Jet Processing Inc., Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
December 4, 2015 Opinion or Order Filing 1753 ORDER granting #1744 Motion for Extension of Time to File a Reply. Defendant Jeremy Johnson shall have until December 7, 2015 in which to reply to FTC's Opposition to Jeremy Johnson's Emergency Motion to Clarify 8/26/13 Minute Entry Order #1722 . Signed by Magistrate Judge George Foley, Jr on December 4, 2015. (Copies have been distributed pursuant to the NEF - AR)
December 4, 2015 Opinion or Order Filing 1752 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 12/4/2015. By Deputy Clerk: Peggie Vannozzi. The Court finds there is no good cause to support Defendant's motion to exceed the limit on the length of brief. It is therefore ordered that Defendant's motion for leave to file excess pages (dkt. no. #1737 ) is denied. Because the motion for sanctions (dkt. no. #1736 ) exceeds the limit on the length of brief, the Court denies the motion (dkt. no. #1736 ) without prejudice. The motion for hearing (dkt. no. #1745 ) is denied as moot. (Copies have been distributed pursuant to the NEF - PAV)
December 4, 2015 Opinion or Order Filing 1750 RESPONSE to #1745 Motion for Hearing, filed by Receiver Robb Evans. Replies due by 12/14/2015. (Caris, Gary)
December 4, 2015 Opinion or Order Filing 1749 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 12/4/2015. By Judicial Assistant: Julia Wright. RE: #1696 Defendant Johnson's Emergency MOTION To Clarify Minute Entry Motion Hearing set for Friday, December 18, 2015, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW)
December 3, 2015 Opinion or Order Filing 1751 Mail Returned as Undeliverable re 1706 Minute Order, addressed to Lifestyle for Fitness, Inc.. (PS)
December 3, 2015 Opinion or Order Filing 1748 Mail Returned as Undeliverable re 1716 Minute Order Setting Hearing on Motion, addressed to Lifestyle for Fitness, Inc.. (PS)
December 3, 2015 Opinion or Order Filing 1747 Mail Returned as Undeliverable re #1717 Order, addressed to Lifestyle for Fitness, Inc.. (PS)
December 3, 2015 Opinion or Order Filing 1746 Mail Returned as Undeliverable re 1712 Minutes of Proceedings addressed to Lifestyle for Fitness, Inc.. (PS)
December 3, 2015 Opinion or Order Filing 1745 MOTION for Hearing re #1736 Motion for Sanctions re Discovery,, by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit 1 Email from AUSA Robert Lunnen, #2 Exhibit 2 Email from Gary Caris, #3 Exhibit 3 Email from Brick Kane)(Johnson, Jeremy)
December 3, 2015 Opinion or Order Filing 1744 MOTION Motion to Extend Time re: #1696 Emergency MOTION To Clarify Minute Entry; filed by Defendant Jeremy D. Johnson. Responses due by 12/20/2015. (Attachments: #1 Exhibit 1)(Johnson, Jeremy)
December 3, 2015 Opinion or Order Filing 1743 Mail Returned as Undeliverable re 1705 Minute Order Setting Hearing on Motion, addressed to Lifestyle for Fitness, Inc.. (PS)
December 3, 2015 Opinion or Order Filing 1742 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 12/3/2015. By Deputy Clerk: Peggie Vannozzi. The Telephonic Pretrial Status Conference set for 12/17/2015 at 9:00 AM is reset to 12/22/2015 09:00 AM in Reno Courtroom 5 before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
December 3, 2015 Opinion or Order Filing 1741 NOTICE of Manual Filing by Plaintiff Federal Trade Commission re #1734 Motion in Limine, #1735 Motion in Limine,. DVDs 2 2 DVDs that are password protected manually filed with the Clerk's Office. (Guerard, Collot)
December 2, 2015 Opinion or Order Filing 1739 ORDER. IT IS ORDERED that Jeremy Johnson and Loyd John's Motion for Release of Funds and Request for a Monsanto hearing #1620 is denied. Defendants' Motion for an Expedited hearing #1622 is denied as moot. Signed by Judge Miranda M. Du on 12/2/15. (Copies have been distributed pursuant to the NEF - PS)
December 1, 2015 Opinion or Order Filing 1738 DECLARATION of FTC Counsel re #1735 Motion in Limine; filed by Plaintiff Federal Trade Commission. (Goodman, Jody)
November 30, 2015 Opinion or Order Filing 1737 MOTION for Leave to File Excess Pages re #1736 Motion for Sanctions Due to the Spoliation of Evidence by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
November 30, 2015 Opinion or Order Filing 1736 FIRST MOTION For Sanctions re: Evidence; filed by Defendant Jeremy D. Johnson. Responses due by 12/17/2015. (Attachments: #1 Exhibit 1 Declaration of Special Agent Randy Kim, #2 Exhibit 2 Affidavit of Eric Wheeler, #3 Exhibit 3 AUSA Response to Various Motions, #4 Exhibit 4 T.Marker Email, #5 Exhibit 5 Deposition of Justin Lund, #6 Exhibit 6 Deposition of Samuel Jacobson, #7 Exhibit 7 Receivers Letter RE Production of Forth US CoLo Server, #8 Exhibit 8 Emails September 2010)(Johnson, Jeremy) Modified event on 12/2/2015 (EDS).
November 30, 2015 Opinion or Order Filing 1735 MOTION in Limine for Admission re: Consumer Complaints; filed by Plaintiff Federal Trade Commission. Responses due by 12/17/2015. (Attachments: #1 Exhibit 1 Order, #2 Exhibit 2 Consumer Complaints, #3 Exhibit 3 Complaints, #4 Exhibit 4 Sentinel Complaints, #5 Proposed Order)(Goodman, Jody)
November 30, 2015 Opinion or Order Filing 1734 MOTION in Limine to Exclude re: Records; filed by Plaintiff Federal Trade Commission. Responses due by 12/17/2015. (Attachments: #1 Exhibit A Declaration of FTC Counsel, #2 Proposed Order)(Guerard, Collot)
November 30, 2015 Opinion or Order Filing 1733 MOTION in Limine to Exclude re: Evidence; filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. Responses due by 12/17/2015. (Porter, Karra)
November 30, 2015 Opinion or Order Filing 1732 MOTION in Limine to Exclude re: FTC Evidence; filed, by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. Responses due by 12/17/2015. (Porter, Karra)
November 30, 2015 Opinion or Order Filing 1731 NOTICE of Compliance re #1717 Order, filed by Jeremy D. Johnson. (Attachments: #1 Exhibit Nathan Crane Draft, #2 Exhibit 9th Circuit Rule 60(d)(3) Motion)(Johnson, Jeremy)
November 30, 2015 Opinion or Order Filing 1730 MOTION in Limine to Exclude Documents re: Zeus Server; filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. Responses due by 12/17/2015. (Attachments: #1 Exhibit A Declaration of Eric Wheeler)(Porter, Karra)
November 25, 2015 Opinion or Order Filing 1729 ORDER. IT IS HEREBY ORDERED that Defendant Jeremy Johnson's Motion for Permission to File Answer to Minute Order #1717 Under Seal and Ex-Parte #1720 is DENIED. Signed by Magistrate Judge George Foley, Jr on 11/25/15. (Copies have been distributed pursuant to the NEF - PS)
November 25, 2015 Opinion or Order Filing 1728 REPLY to Response to #1686 Motion for Release of Funds,,,, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
November 25, 2015 Opinion or Order Filing 1727 RESPONSE to #1698 Motion for Release of Funds, filed by Receiver Robb Evans. Replies due by 12/5/2015. (Caris, Gary)
November 24, 2015 Opinion or Order Filing 1726 RESPONSE to #1720 Motion for Leave to File, filed by Receiver Robb Evans. Replies due by 12/4/2015. (Caris, Gary)
November 23, 2015 Opinion or Order Filing 1725 Mail Returned as Undeliverable re 1701 Order on Motion to Compel, addressed to Lifestyle for Fitness, Inc.. (PS)
November 23, 2015 Opinion or Order Filing 1724 Mail Returned as Undeliverable re #1700 Order on Motion addressed to Lifestyle for Fitness, Inc.. (PS)
November 23, 2015 Opinion or Order Filing 1723 RESPONSE to #1694 Motion in Limine, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
November 23, 2015 Opinion or Order Filing 1722 RESPONSE to #1696 Emergency MOTION To Clarify Minute Entry; filed by Plaintiff Federal Trade Commission. Replies due by 12/3/2015. (Attachments: #1 Exhibit)(Brooke, Joseph)
November 23, 2015 Opinion or Order Filing 1721 FIRST REDACTED MOTION in Limine; filed by Plaintiff Federal Trade Commission. Responses due by 12/10/2015. (Attachments: #1 Attachment A, #2 Attachment B, #3 Attachment C, #4 Proposed Order)(Weinman, Dotan)
November 23, 2015 Opinion or Order Filing 1720 FIRST MOTION to File Under Seal re #1717 ORDER; filed by Defendant Jeremy D. Johnson. Responses due by 12/10/2015. (Johnson, Jeremy)
November 20, 2015 Opinion or Order Filing 1718 Opposition to 16 C.R.F. Notice regarding #1704 Motion for Protective Order, filed by Defendant Bryce Payne. Replies due by 11/30/2015. (PS)
November 20, 2015 Opinion or Order Filing 1717 ORDER re 1716 Minute Order. IT IS HEREBY ORDERED that on or before 11/30/15 at 5:00 p.m., PST, Jeremy Johnson shall file a statement as described in this Order. Signed by Magistrate Judge George Foley, Jr on 11/20/15. (Copies have been distributed pursuant to the NEF - PS)
November 20, 2015 Opinion or Order Filing 1716 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 11/20/2015. By Judicial Assistant: Julia Wright. RE: #1710 Defendant Johnson's Emergency MOTION for Protective Order Motion Hearing set for Friday, December 18, 2015, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW)
November 20, 2015 Opinion or Order Filing 1715 JOINDER to #1704 Motion for Protective Order ; filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Porter, Karra)
November 19, 2015 Opinion or Order Filing 1714 Opposition to 16 C.F.R. 4.10(g) Notice Regarding Disclosure of White Paper filed by Defendant Ryan Riddle. (TR)
November 19, 2015 Opinion or Order Filing 1713 NOTICE OF COMPLIANCE re 1701 Order on Motion to Compel. (Johnson, Jeremy) Modified text on 11/20/2015 (EDS).
November 19, 2015 Opinion or Order Filing 1712 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/19/2015 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, Roberto Anguizola and Jody Goodman; Def Counsel: Alan Boyack, Phillip Lowry, Jeremy Johnson, Pro Se and Scott Leavitt; Court Reporter/FTR #: 10:39a.m. - 11:20a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to #1681 Motion to Quash Trial Subpoenas, #1685 Motion to Quash Trail Subpoenas and #1704 First Motion for Protective Order.The Court denies as moot #1685 Motion to Quash Trail Subpoenas, as stated on the record.As to #1681 Motion to Quash Trial Subpoenas concerns Loyd Johnson, Scott Leavitt and Terrason Spinks, the Court denies the motion brought by iWorks, in regard to the subpoenas served on those individuals, because iWorks and its counsel do not represent those individuals. Counsel for Terrason Spinks has advised the Court that his client is outside the territorial subpoena power and counsel for the Federal Trade Commission has indicated a willingness to withdraw the subpoena as to Terrason Spinks, based on the confirmation of that representation. As to Loyd Johnson and Scott Leavitt, although the Court denies the motion to quash the subpoena filed by iWorks, that denial is without prejudice to either of those individuals, as stated on the record.The Court and parties discuss #1704 First Motion for Protective Order.To the extent that the Federal Trade Commission intends to file a motion in limine to support the affirmative use of the iWorks White Paper at trial, the Court permits and directs Federal Trade Commission to file the iWorks White Paper, or any portions thereof, under seal as an exhibit to a motion in limine relating to its admission at trial in order to protect any confidentiality interest that may exist with respect to such document. Any quotations from the White Paper in the briefs relating to the motion in limine should be redacted. Defendant Jeremy Johnson, Pro Se may file a reply to the Federal Trade Commission's opposition to the motion for protective order. The scheduled hearing on the motion for protective order shall remain on calendar so that the Court may determine whether a protective order is warranted with respect to the iWorks White Paper. (Copies have been distributed pursuant to the NEF - EMG)
November 19, 2015 Opinion or Order Filing 1711 RESPONSE to #1698 Motion for Release of Funds, filed by Plaintiff Federal Trade Commission. Replies due by 11/29/2015. (Goodman, Jody)
November 19, 2015 Opinion or Order Filing 1710 Emergency MOTION for Protective Order by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit Declaration of Randy Kim, #2 Exhibit 8-5-14 Hearing Transcript)(Johnson, Jeremy)
November 18, 2015 Opinion or Order Filing 1709 MOTION to Seal; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Guerard, Collot)
November 18, 2015 Opinion or Order Filing 1708 RESPONSE to #1704 Motion for Protective Order, filed by Plaintiff Federal Trade Commission. Replies due by 11/28/2015. (Attachments: #1 Exhibit Attachment A, #2 Exhibit Attachment B, #3 Exhibit Attachment C)(Anguizola, Roberto)
November 18, 2015 Opinion or Order Filing 1706 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 11/18/2015. By Deputy Clerk: E. Garcia. RE: Minute Order (#1693) - Motion Hearing set for Thursday, November 19, 2015 at 10:30 AM.Out-of-State counsel may appear telephonically and are instructed to call telephone number: (702) 464-5625, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
November 17, 2015 Opinion or Order Filing 1705 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 11/17/2015. By Judicial Assistant: Julia Wright. RE: #1704 Defendant Jeremy Johnson's MOTION for Protective Order Motion Hearing set for Friday, December 18, 2015, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Out-of-state counsel may appear telephonically and are instructed to call telephone number: (702) 868-4910, access code 123456, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.If more than five lines are needed, please contact Elvia Garcia, courtroom deputy, at (702) 464-5430. (Copies have been distributed pursuant to the NEF - JBW)
November 16, 2015 Opinion or Order Filing 1707 Mail Returned as Undeliverable re 1693 Minute Order Setting Hearing on Motion, addressed to Lifestyle for Fitness, Inc.. (PS)
November 16, 2015 Opinion or Order Filing 1704 First MOTION for Protective Order by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
November 16, 2015 Opinion or Order Filing 1703 RESPONSE to #1686 Motion for Release of Funds,,,,, filed by Plaintiff Federal Trade Commission. Replies due by 11/26/2015. (Attachments: #1 Exhibit 1)(Goodman, Jody)
November 13, 2015 Opinion or Order Filing 1702 RESPONSE to #1620 Motion for Release of Funds, filed by Receiver Robb Evans. Replies due by 11/23/2015. (Caris, Gary)
November 12, 2015 Opinion or Order Filing 1701 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/12/2015 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, Gary Caris for Receiver Robb Evans; Def Counsel: Jeremy D. Johnson, Pro Se; Court Reporter/FTR #: 1:36p.m. - 2:05p.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to [1,665] Motion to Compel Defendant to Disclose Counsel Who Provided Substantial Assistance in Connection With "Defendant's Rule 60(d)(3) Motion" and [1,668] First Motion to Seal Affidavit of Eric Wheeler.The Court grants [1,665] Motion to Compel Defendant to Disclose Counsel Who Provided Substantial Assistance in Connection With "Defendant's Rule 60(d)(3) Motion".Defendant Jeremy D. Johnson, Pro Se has ten (10) days to file a statement with the Court identifying the person or persons who assisted the defendant in the preparation and/or drafting of defendants Rule 60(d)(3) Motion (Doc. 1641). Alternatively, Defendant Jeremy D. Johnson, Pro Se shall file a declaration under penalty or perjury that no person assisted him in preparing and/or drafting the Rule 60(d)(3) Motion.For the reasons stated on the record, the Court denies without prejudice [1,668] First Motion to Seal Affidavit of Eric Wheeler. (Copies have been distributed pursuant to the NEF and USPS - EMG)
November 12, 2015 Opinion or Order Filing 1700 ORDER Denying #1641 MOTION For Relief From Preliminary Injunction. Signed by Judge Miranda M. Du on 11/12/15. (Copies have been distributed pursuant to the NEF - PS)
November 10, 2015 Opinion or Order Filing 1699 DECLARATION re #1698 Motion for Release of Funds ; by Defendants Jet Processing Inc., Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
November 10, 2015 Opinion or Order Filing 1698 MOTION for Release of Funds by Defendants Jet Processing Inc., Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
November 10, 2015 Opinion or Order Filing 1697 MOTION for Issuance of Order to Show Cause as to Why Sophia Daley, Jeremy Johnson and Their Attorney Richard H. Casper Should Not Be Held In Contempt of Court for Violation of Preliminary Injunction Order by Receiver Robb Evans. Responses due by 11/27/2015. Motion Ripe 11/10/2015 (Attachments: #1 Declaration of Lesley Anne Hawes, #2 Exhibit 1 to Hawes Declaration, #3 Exhibit 2 to Hawes Declaration, #4 Exhibit 3 to Hawes Declaration, #5 Exhibit 4 to Hawes Declaration, #6 Exhibit 5 to Hawes Declaration, #7 Exhibit 6 to Hawes Declaration, #8 Exhibit 7 to Hawes Declaration, #9 Exhibit 8 to Hawes Declaration, #10 Exhibit 9 to Hawes Declaration, #11 Exhibit 10 to Hawes Declaration, #12 Proposed Order)(Caris, Gary) Modified motion event and updated briefing schedule on 11/10/2015 (EDS).
November 5, 2015 Opinion or Order Filing 1696 Emergency MOTION To Clarify Minute Entry by Defendant Jeremy D. Johnson. Responses due by 11/22/2015. (Attachments: #1 Exhibit 1 Declaration of Michael Kennedy, #2 Exhibit 2 Hearing Transcript 10.16.14)(Johnson, Jeremy)
November 5, 2015 Opinion or Order Filing 1695 RESPONSE to #1685 Motion to Quash, filed by Plaintiff Federal Trade Commission. Motion to Quash Subpoena to Jason Rushton Replies due by 11/15/2015. (Guerard, Collot)
November 5, 2015 Opinion or Order Filing 1694 MOTION in Limine re Trial Testimony; filed by Plaintiff Federal Trade Commission. Responses due by 11/22/2015. (Attachments: #1 Proposed Order)(Guerard, Collot)
November 4, 2015 Opinion or Order Filing 1693 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 11/4/2015. By Judicial Assistant: Julia Wright. RE: #1685 Jason Rushton's MOTION to Quash Trial Subpoena Motion Hearing set for Thursday, November 19, 2015, at 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.Out-of-state parties and counsel may appear telephonically and are instructed to call telephone number: (702) 868-4910, access code 123456, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.If more than five lines are needed, please contact Elvia Garcia, courtroom deputy, at (702) 464-5430. (Copies have been distributed pursuant to the NEF - JBW)
November 4, 2015 Opinion or Order Filing 1692 NOTICE re: #1691 MOTION for Order re: Fees and Expenses and Relief From LR 66-5; filed by Robb Evans. (Caris, Gary)
November 4, 2015 Opinion or Order Filing 1691 MOTION for Order re: Fees and Expenses and Relief From LR 66-5; filed by Receiver Robb Evans. Responses due by 11/21/2015. (Attachments: #1 Declaration of Gary Owen Caris, #2 Declaration of Brick Kane, #3 Exhibit 1 to Declaration of Kane, #4 Appendix 1 of 1, #5 Exhibit 2 to Appendix 1, #6 Exhibit 3 to Appendix 1, #7 Exhibit 4 to Appendix 1, #8 Exhibit 5 to Appendix 1, #9 Exhibit 6 to Appendix 1, #10 Exhibit 7 to Appendix 1, #11 Exhibit 8 to Appendix 1, #12 Exhibit 9 to Appendix 1, #13 Exhibit 10 to Appendix 1, #14 Exhibit 11 to Appendix 1, #15 Exhibit 12 to Appendix 1, #16 Exhibit 13 to Appendix 1, #17 Exhibit 14 to Appendix 1, #18 Proposed Order)(Caris, Gary)
November 3, 2015 Opinion or Order Filing 1690 ORDER Granting #1673 Motion to Quash Subpoena. Signed by Magistrate Judge George Foley, Jr on 11/2/15. (Copies have been distributed pursuant to the NEF - TR)
November 3, 2015 Opinion or Order Filing 1689 Mail Returned as Undeliverable re 1682 Minute Order addressed to Loyd Johnston. Envelope marked: Return to Sender - Unable to Forward. No new address available. Clerk did not resend. (NEV)
November 3, 2015 Opinion or Order Filing 1688 Mail Returned as Undeliverable re 1682 Minute Order addressed to Lifestyles for Fitness, Inc. Envelope marked: Return to Sender - Unable to Forward. No new address available. (NEV)
November 2, 2015 Opinion or Order Filing 1687 RESPONSE to #1681 Motion to Quash,,,, filed by Plaintiff Federal Trade Commission. Replies due by 11/12/2015. (Guerard, Collot)
October 30, 2015 Opinion or Order Filing 1686 MOTION for Release of Funds; filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Attachments: #1 Exhibit A - Declaration of Karra Porter)(Porter, Karra)
October 30, 2015 Opinion or Order Filing 1685 MOTION to Quash Subpoena; filed by Movant Jason Rushton. (Attachments: #1 Exhibit 1)(Milne, Elijah)
October 26, 2015 Opinion or Order Filing 1684 RESPONSE to #1673 Motion to Quash, filed by Plaintiff Federal Trade Commission. Replies due by 11/5/2015. (Guerard, Collot)
October 22, 2015 Opinion or Order Filing 1683 Mail Returned as Undeliverable re #1672 Order on Motion for Leave to Appear addressed to Lifestyle for Fitness, Inc.. (PS)
October 21, 2015 Opinion or Order Filing 1682 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 10/21/2015. By Judicial Assistant: Julia Wright. RE: #1681 Defendants' MOTION to Quash Trial Subpoenas Motion Hearing set for Thursday, November 19, 2015, at 10:30 AM in LV Courtroom 3B before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW)
October 19, 2015 Opinion or Order Filing 1681 MOTION to Quash Trial Subpoenas by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Attachments: #1 Exhibit 1 - Trial Subpoenas)(Porter, Karra)
October 19, 2015 Opinion or Order Filing 1680 Mail Returned as Undeliverable re #1672 Order on Motion for Leave to Appear addressed to Jason Vowell. Re-mailed to 491 N. Bluff St. St. George, UT 84770. (TR)
October 14, 2015 Opinion or Order Filing 1679 Mail Returned as Undeliverable re 1669 Minute Order addressed to Jason Vowell. Envelope marked: No longer at this address. Clerk updated address to: 491 N. Bluff St, St. George, UT 84770. Remailed document. (SLD)
October 14, 2015 Opinion or Order Filing 1678 Mail Returned as Undeliverable re 1669 Minute Order addressed to Lifestyles for Fitness, Inc. Envelope marked: Return to Sender - Unable to Forward. No new address available. Clerk did not resend. (SLD)
October 14, 2015 Opinion or Order Filing 1677 ORDER APPROVING #1652 Verified Petition for Permission to Practice Pro Hac Vice of Attorney Alan D. Boyack for Terrason Spinks-Jet Processing, Inc., and approving Designation of Local Counsel Edward D. Boyack. Signed by Judge Miranda M. Du on 10/13/2015. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - DRM)
October 13, 2015 Opinion or Order Filing 1676 CERTIFICATE OF SERVICE for #1675 Notice of Corrected Image/Document by Defendant Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
October 13, 2015 Opinion or Order Filing 1675 NOTICE of Corrected Image/Document re #1652 Verified Petition, by Defendant Terrason Spinks-Jet Processing, Inc.. (Service of corrected image is attached). (Boyack, Edward)
October 13, 2015 Opinion or Order Filing 1674 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 10/13/2015. By Deputy Clerk: Robson Hauser. RE: #1673 Motion to Quash. Should the Plaintiff wish to respond, they must do so by October 26, 2015. Any Reply to the Response must be filed by November 5, 2015.(no image attached) (Copies have been distributed pursuant to the NEF - RH)
October 7, 2015 Opinion or Order Filing 1672 ORDER Granting #1670 Motion to Admit Government Attorney to Practice in the District of Nevada. Signed by Judge Miranda M. Du on 10/7/15. (Copies have been distributed pursuant to the NEF - PS)
October 7, 2015 Opinion or Order Filing 1671 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/7/2015. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED: A telephonic Pretrial Status Conference is set for 12/17/2015 at 9:00 AM PST in Reno Courtroom 5 before Judge Miranda M. Du. Counsel and parties participating are to call the Court's AT&T Conference line (1-888-251-2909, and enter code 3803398 and password 12345) at least 5 minutes prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
October 7, 2015 Opinion or Order Filing 1670 MOTION to Admit Government Attorney to Practice in the District of Nevada for the Duration of Attorney's Government Employment by Plaintiff Federal Trade Commission. Responses due by 10/24/2015. (Vance, Holly)
October 2, 2015 Opinion or Order Filing 1669 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 10/2/2015. By Judicial Assistant: Julia Wright. RE: #1665 Plaintiff's MOTION to Compel Defendant to Disclose Counsel Who Provided Substantial Assistance in Connection With "Defendant's Rule 60(d)(3) Motion" AND #1668 Defendant's MOTION to Seal Affidavit of Eric Wheeler Motion Hearing set for Thursday, November 12, 2015, at 1:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr.Out-of-state counsel may appear telephonically and are instructed to call telephone number: (702) 868-4910, access code 123456, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.If more than five lines are needed, please contact Elvia Garcia, courtroom deputy, at (702) 464-5430. (Copies have been distributed pursuant to the NEF - JBW)
September 29, 2015 Opinion or Order Filing 1668 FIRST MOTION to Seal Affidavit of Eric Wheeler; filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
September 29, 2015 Opinion or Order Filing 1667 REPLY to Response to #1641 Motion, filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit 1 Devan Partridge Grand Jury, #2 Exhibit 2 Affidavit of Eric Wheeler, #3 Exhibit 3 James Hearing Email List, #4 Exhibit 4 Status Conference Transcript, #5 Exhibit 5 Affidavit of Jeremy Johnson, #6 Exhibit 6 Affidavit of Loyd Johnston, #7 Exhibit 7 Ed Roop-Brick Kane Email, #8 Exhibit 8 USAO Response to Motion To Compel, #9 Exhibit 9 Email Re: IWorks Copy Activity, #10 Exhibit 10 Subpoena to Produce Documents, #11 Exhibit 11 Defendants Requests for Information, #12 Exhibit 12 Apply Knowledge Motion)(Johnson, Jeremy) Modified on 9/29/2015 (RFJ). Modified on 9/29/2015 to seal attachment 2 until Court rules on #1668 . (PAV).
September 23, 2015 Opinion or Order Filing 1666 ORDER Granting in part and denying in part #1546 Motion for Leave to File Under Seal. Signed by Magistrate Judge George Foley, Jr on 9/23/15. (Copies have been distributed pursuant to the NEF - PS)
September 23, 2015 Opinion or Order Filing 1665 MOTION to Compel Defendant to Disclose Counsel Who Provided Substantial Assistance in Connection With "Defendant's Rule 60(d)(3) Motion" by Receiver Robb Evans. Responses due by 10/10/2015. (Attachments: #1 Declaration of Lesley Anne Hawes, #2 Certificate of Service, #3 Exhibit 1 to Dec of Hawes, #4 Proposed Order)(Caris, Gary)
September 16, 2015 Opinion or Order Filing 1664 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/16/2015. By Deputy Clerk: Peggie Vannozzi. On 8/28/2015, Alan Boyack filed a Verified Petition to Practice, dkt. no. #1652 . The Court's Minute order, dkt. no. 1653 , directed Petitioner to correct the petition and resubmit it, using the event Notice of Corrected Image. To date, no corrected image has been filed. Petitioner is ordered to file the corrected image by 9/30/2015. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 16, 2015 Opinion or Order Filing 1663 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/16/2015. By Deputy Clerk: Peggie Vannozzi. The Court has reviewed the Motion to Extend Time to Respond (dkt. no. #1659 and Request to Exceed Page Limit (dkt. no. #1661 , filed by Defendant Jeremy Johnson, and the Response (dkt. no. #1662 ), filed by Receiver Robb Evans of Robb Evans and Associates. While the Receiver opposes Johnson's request for a two-week extension, contrary to Johnson's representation in the motion, the Court finds good cause to grant Johnson's motion (dkt. no. #1659 . The Reply to Motion For Relief From Preliminary Injunction Order, filed by Defendant Jeremy D. Johnson (dkt no. #1641 ) is due by 9/28/2015. Additionally, the request to exceed page limit (dkt. no. #1661 ) is granted. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 16, 2015 Opinion or Order Filing 1662 RESPONSE to #1659 Motion for Leave to File Excess Pages and #1661 Motion to Extend Time/Shorten Time regarding Dispositive matter, filed by Receiver Robb Evans. Replies due by 9/26/2015. (Attachments: #1 Declaration of Gary Owen Caris, #2 Certificate of Service, #3 Exhibit 1 to Declaration of Caris)(Caris, Gary)
September 15, 2015 Opinion or Order Filing 1661 MOTION for Extension of Time to Respond to #1641 MOTION For Relief From Preliminary Injunction Order by Defendant Jeremy D. Johnson. (Johnson, Jeremy) Modified event and linked to applicable documents on 9/15/2015 (EDS).
September 15, 2015 Opinion or Order Filing 1660 NOTICE: Filer Action Required to #1659 Motion for Leave to File Excess Pages. ERROR: Documents should have been filed as separate entries by filer, Jeremy Johnson . In accordance with Special Order 109, a separate document must be filed for each type of document or purpose . Counsel advised in the future please file documents in accordance with Special Order 109 filing procedures to prevent delay in the timely filing of documents. CORRECTION: Court advised Mr. Johnson to REFILE the Motion for Extension of Time to Respond contained within document #1659 as a separate entry. (no image attached)(EDS)
September 15, 2015 Opinion or Order Filing 1659 MOTION for Leave to File Excess Pages re #1641 Motion by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
September 14, 2015 Opinion or Order Filing 1673 MOTION to Quash Subpoena to Appear and Testify at a Hearing or Trial by Interested Party Phillip Gubler. (Attachments: #1 Memorandum in Support)(SLD)
September 10, 2015 Opinion or Order Filing 1658 REPLY to Response to #1649 Motion to Strike filed by Plaintiff Federal Trade Commission. (Guerard, Collot)
September 4, 2015 Opinion or Order Filing 1657 RESPONSE to #1641 Motion to Set Aside Preliminary Injunction Order for Fraud on the Court filed by Receiver Robb Evans. Replies due by 9/14/2015. (Attachments: #1 Declaration of Brick Kane, #2 Declaration of Edward Roop, #3 Certificate of Service to Dec of Roop, #4 Exhibit 1 to Dec of Roop, #5 Declaration of Gary Owen Caris, #6 Certificate of Service to Dec of Caris, #7 Exhibit 1 to Dec of Caris, #8 Exhibit 2 to Dec of Caris, #9 Exhibit 3 to Dec of Caris, #10 Supplement Evidentiary Objections, #11 Supplement Request for Judicial Notice, #12 Certificate of Service to Request for Judicial Notice, #13 Exhibit 1 to Request, #14 Exhibit 2 to Request, #15 Exhibit 3 to Request)(Caris, Gary).
September 3, 2015 Opinion or Order Filing 1656 CERTIFICATE OF SERVICE for #1652 Verified Petition, by Defendant Terrason Spinks-Jet Processing, Inc.. (Boyack, Edward)
August 31, 2015 Opinion or Order Filing 1655 RESPONSE to #1649 Motion to Strike, filed by Defendant Jeremy D. Johnson. Replies due by 9/10/2015. (Johnson, Jeremy)
August 31, 2015 Opinion or Order Filing 1654 RESPONSE to #1649 Motion to Strike, filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc. Replies due by 9/10/2015. (Lowry, Phillip)
August 31, 2015 Opinion or Order Filing 1653 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/31/2015. By Deputy Clerk: Peggie Vannozzi. RE: #1652 Verified Petition of Alan Boyack. Petitioner has not attached a Certificate of Good Standing as required by LR 10-2. Petitioner is make the correction to the document and file a Notice of Corrected Image, linking the corrected image to #1652 . (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 28, 2015 Opinion or Order Filing 1652 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alan D. Boyack and DESIGNATION of Local Counsel Edward D. Boyack (Filing fee $ 250 receipt number 0978-3796503) filed by Defendant Terrason Spinks-Jet Processing, Inc. . (Boyack, Edward) Corrected image #1675 added on 10/13/2015. (EDS).
August 24, 2015 Opinion or Order Filing 1651 WITHDRAWAL of Motion re #1643 Motion to Expunge Lis Pendens, #1642 Motion to Intervene, ; by Movant Paradise Ranch Development, LLC (Milne, Elijah)
August 21, 2015 Opinion or Order Filing 1650 RESPONSE to #1641 Motion filed by Plaintiff Federal Trade Commission. Replies due by 8/31/2015. (Attachments: #1 Exhibit Declaration of Attorney for Natasha Bowman (Gary Wood))(Goodman, Jody)
August 13, 2015 Opinion or Order Filing 1649 MOTION to Strike re: Evidence; filed by Plaintiff Federal Trade Commission. Responses due by 8/30/2015. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Guerard, Collot)
August 10, 2015 Opinion or Order Filing 1648 ORDER Granting #1647 Motion to Admit Government Attorney to Practice in the District of Nevada for Duration of Attorney's Government Employment. Signed by Magistrate Judge George Foley, Jr on 8/10/15. (Copies have been distributed pursuant to the NEF - PS)
August 7, 2015 Opinion or Order Filing 1647 MOTION to Admit Government Attorney to Practice in the District of Nevada for Duration of Attorney's Government Employment Jody Goodman by Plaintiff Federal Trade Commission. Responses due by 8/24/2015. (Welsh, Blaine)
August 6, 2015 Opinion or Order Filing 1646 ORDER Granting #1645 Emergency Motion for Two week Extension of Response Deadline to "Defendant's Rule 60(d)(3)Motion to Set Aside Preliminary Injunction Order for Fraud on the Court" regarding #1641 Motion for Relief. Responses due by 9/4/2015. Signed by Judge Miranda M. Du on 8/6/15. (Copies have been distributed pursuant to the NEF - PS)
August 6, 2015 Opinion or Order Filing 1645 Emergency MOTION to Extend Time regarding discovery/nondispositive matter (First Request) to Respond to #1641 Motion to Set Aside by Receiver Robb Evans. (Attachments: #1 Declaration of Gary Owen Caris, #2 Certificate of Service, #3 Exhibit 1 to Declaration of Caris, #4 Proposed Order)(Caris, Gary)
August 6, 2015 Opinion or Order Filing 1644 NOTICE of Appearance by attorney Shlomo S. Sherman on behalf of Receiver Robb Evans. (Sherman, Shlomo)
August 6, 2015 Opinion or Order Filing 1643 MOTION to Expunge Lis Pendens by Movant Paradise Ranch Development, LLC. Responses due by 8/23/2015. (Attachments: #1 Exhibit A: Notice of Pendency of Action (Lis Pendens), #2 Exhibit B: Declaration of Brent Peterson, #3 Exhibit C: Declaration of M. Val Miller, #4 Exhibit D: Response to Petition for Summary Relief to Nullify a Wrongful Lien)(Milne, Elijah)
August 6, 2015 Opinion or Order Filing 1642 MOTION to Intervene by Movant Paradise Ranch Development, LLC. Responses due by 8/23/2015. (Attachments: #1 Exhibit A: Notice of Pendency of Action (Lis Pendens), #2 Exhibit B: Response to Petition for Summary Relief to Nullify a Wrongful Lien)(Milne, Elijah)
August 4, 2015 Opinion or Order Filing 1641 MOTION For Relief From Preliminary Injunction Order; filed by Defendant Jeremy D. Johnson. Responses due by 8/21/2015. (Attachments: #1 Exhibit 1 Affidavit of Devan Partridge, #2 Exhibit 2 Affidavit of Natasha Lee, #3 Exhibit 4, #4 Exhibit 5, #5 Exhibit 6, #6 Exhibit 7 Affidavit of Pamela Lindquist, #7 Exhibit 8, #8 Exhibit 9, #9 Exhibit 10, #10 Exhibit 11, #11 Exhibit 12, #12 Exhibit 13, #13 Exhibit 14 Affidavit of Eric Hustead)(Johnson, Jeremy)
July 24, 2015 Opinion or Order Filing 1640 NOTICE: of Attorney Action Required re: #1639 Notice. ERROR: Wrong event selected, not submitted pursuant to LR IA 10-6 and Special Order 109 by attorney Jacob A. Reynolds. CORRECTION: Attorney is advised to refile pleading as a 1. STIPULATION or MOTION to Withdraw Attorney pursuant to LR IA 10-6. 2. MOTION to be Removed from the CM/ECF Electronic Notification List. 3. STIPULATION or MOTION to Withdraw Attorney and Removal from Electronic Notifications pursuant to LR IA 10-6. (no image attached)(EDS)
July 23, 2015 Opinion or Order Filing 1639 ERROR: Wrong event selected, not submitted pursuant to LR IA 10-6 and Special Order 109 by attorney NOTICE of Change of Attorney on behalf of Interested Party Todd L Vowell. (Reynolds, Jacob)
July 23, 2015 Opinion or Order Filing 1638 Brief Demonstrating that Sales Sites Upon Which the Court has yet to Rule are Materially Different to the Sites the Court Found Deceptive, and Identifying the Hosting Affiliate Broker for the Sales Sites filed by Defendant Jeremy D. Johnson. (Attachments: #1 Affidavit Ryan Riddle, #2 Affidavit Jeremy Johnson, #3 Appendix 1, #4 Appendix 2, #5 Appendix 3, #6 Affidavit Bryce Payne, #7 Appendix 1, #8 Appendix 2)(Johnson, Jeremy)
July 22, 2015 Opinion or Order Filing 1637 BRIEF re List of Websites and their Dissimilarity of Similarity with Sites Considered by the Court filed by Defendants Blue Streak Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Attachments: #1 Exhibit Grant Page Explanation)(Lowry, Phillip)
July 22, 2015 Opinion or Order Filing 1636 ANSWERING BRIEF re #1619 Opening Brief by Defendants Blue Streak Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness First, Inc., Elite Debit, Inc., Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Attachments: #1 Declaration of Bryce Payne, #2 Declaration of Jeremy Johnson, #3 Declaration of Kyle Maxwell, #4 Declaration of Lex de Azevedo)(Lowry, Phillip)
July 22, 2015 Opinion or Order Filing 1635 MEMORANDUM Re Similar Sites and Updates on the Law filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Att. A Table of Sites, #2 Exhibit Att. B Reeve Tyndal Declaration, #3 Exhibit Att. C PVI Declaration)(Guerard, Collot)
July 22, 2015 Opinion or Order Filing 1634 NOTICE of Corrected Image/Document re #1630 Reply to Response to Motion, by Defendant Jeremy D. Johnson. (Service of corrected image is attached). (Attachments: #1 Exhibit)(Johnson, Jeremy)
July 21, 2015 Opinion or Order Filing 1633 NOTICE: FILER Action Required to #1630 Reply to Response to Motion. Wrong image attached. Jeremy Johnson advised to file the correct document as a Notice of Corrected Image/Document event under the Notices category and link to #1630 Reply to Response to Motion. (no image attached)(EDS)
July 21, 2015 Opinion or Order Filing 1632 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 7/21/2015. By Judicial Assistant: Kathy Ryd. The Court has received a courtesy copy of the ex parte motion which has been stricken and therefore directs that the courtesy copy be returned to Jeremy Johnson. (no image attached) (Copies have been distributed pursuant to the NEF - KER)
July 20, 2015 Opinion or Order Filing 1631 REPLY to Receiver's Response to #1620 Motion for Release of Funds filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit Affidavit of Pamela Lindquist, #2 Exhibit Gary Caris Email Response)(Johnson, Jeremy)
July 20, 2015 Opinion or Order Filing 1630 REPLY to FTC's Response to #1620 Motion for Release of Funds filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit 1 Affidavit of Terrason Spinks, #2 Exhibit 2 Affidavit of Dean Losee, #3 Exhibit 3 June 2015 Mortgage Statement, #4 Exhibit 4 Affidavit of Sharla Johnson, #5 Exhibit 5 Order Denying Monsanto Motion, #6 Exhibit 6 Transcript Pages From March 19, 2013 Hearing, #7 Exhibit 7 Central Coast Nutri TRO)(Johnson, Jeremy) Corrected image #1634 attached on 7/22/2015 (RFJ).
July 10, 2015 Opinion or Order Filing 1629 RESPONSE to #1622 Motion for Hearing, #1620 Motion for Release of Funds, filed by Plaintiff Federal Trade Commission. Replies due by 7/20/2015. (Attachments: #1 Exhibit Partial Hearing Transcript, #2 Exhibit, #3 Declaration of Michael Kraemer, #4 Declaration of Val Miller)(Brooke, Joseph)
July 10, 2015 Opinion or Order Filing 1628 RESPONSE to #1620 Motion for Release of Funds, filed by Receiver Robb Evans. Replies due by 7/20/2015. (Attachments: #1 Declaration of Brick Kane, #2 Declaration of Gary Owen Caris, #3 Exhibit 1, #4 Exhibit 2)(Caris, Gary)
July 8, 2015 Opinion or Order Filing 1627 ORDER Denying 1625 Defendant Johnson's Ex Parte Motion to Set Aside the Preliminary Order. IT IS FURTHER ORDERED that Johnson's Ex Parte Motion 1625 is stricken from the record. Signed by Judge Miranda M. Du on 7/8/2015. (Copies have been distributed pursuant to the NEF - PS)
July 8, 2015 Opinion or Order Filing 1626 NOTICE of Change of Firm Name and Email Address filed by Robb Evans. (Caris, Gary)
June 24, 2015 Opinion or Order Filing 1623 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 6/24/2015. By Deputy Clerk: Peggie Vannozzi. CM/ECF did not assign a response date for Motion for Release of Funds #1620 and Motion for Hearing #1622 , filed by Defendant Jeremy Johnson. It is ordered that the normal briefing schedule established by the local rules applies to these two motions. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
June 24, 2015 Opinion or Order Filing 1622 First MOTION for Hearing re #1620 Motion for Release of Funds by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
June 24, 2015 Opinion or Order Filing 1621 NOTICE of Action Required to #1620 Motion for Release of Funds. ERROR: Documents should have been filed as separate entries by Jeremy Johnson . In accordance with Special Order 109, a separate document must be filed for each type of document or purpose . Mr. Johnson advised in the future please file documents in accordance with Special Order 109 filing procedures to prevent delay in the timely filing of documents. CORRECTION: Mr. Johnson advised to REFILE the Motion for Hearing contained within document #1620 as a separate entry using the proper motion event.(no image attached)(EDS)
June 23, 2015 Opinion or Order Filing 1620 MOTION for Release of Funds for Attorney's Fees and Living Expenses by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit Trial Order, #2 Exhibit Kubik Interview)(Johnson, Jeremy)
June 22, 2015 Opinion or Order Filing 1624 Mail Returned as Undeliverable re #1612 Order addressed to Jason Vowell. Envelope marked: Return to Sender - Unable to Forward. Document remailed to: 491 N. Bluff St, St. George, UT 84770. (SLD)
June 22, 2015 Opinion or Order Filing 1619 OPENING BRIEF Re Revised Consumer Injury Amount As To IWorks Grant Product by Plaintiff Federal Trade Commission. (Attachments: #1 Affidavit)(Guerard, Collot)
June 18, 2015 Opinion or Order Filing 1618 Mail Returned as Undeliverable re #1606 Order Granting #1569 Motion for Order Authoring the Sale; #1607 Order Granting #1582 Motion for Order of Sale; and #1608 Order Granting #1595 Motion for Order addressed to Lifestyles For Fitness. (PS)
June 17, 2015 Opinion or Order Filing 1617 Mail Returned as Undeliverable re #1612 Order on Motion to Quash addressed to Lifestyles For Fitness. (PS)
June 10, 2015 Opinion or Order Filing 1616 NOTICE re #1615 AMENDED Status Report; filed by Federal Trade Commission. (Guerard, Collot)
June 10, 2015 Opinion or Order Filing 1615 AMENDED Joint STATUS REPORT filed by Plaintiff Federal Trade Commission. (Guerard, Collot)
June 10, 2015 Opinion or Order Filing 1614 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 6/10/2015. By Deputy Clerk: Peggie Vannozzi. The Court has reviewed the joint status report (dkt. no. #1611 ). The FTC properly summarizes the Court's order addressing summary judgment with respect to the Google sites under Counts IV and V. The Court will consider arguments as to whether the Google sites at issue are similar or not similar to the sites examined in the Court's order. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
June 8, 2015 Opinion or Order Filing 1613 Mail Returned as Undeliverable re #1606 Order on Motion, #1607 Order on Motion for Order of Sale and #1608 Order on Motion addressed to Jason Vowell. No longer at this address. No new address. (PS)
June 8, 2015 Opinion or Order Filing 1612 ORDER denying #1598 Defendant Jeremy Johnson's Motion to Quash. Signed by Magistrate Judge George Foley, Jr on 6/08/2015. (Copies have been distributed pursuant to the NEF - PS)
June 8, 2015 Opinion or Order Filing 1611 Joint STATUS REPORT by Plaintiff Federal Trade Commission. (Guerard, Collot)
June 4, 2015 Opinion or Order Filing 1610 Mail Returned as Undeliverable re #1606 Order, #1607 Order, and #1608 Order, addressed to Andy Johnson. No other address available, did not resend. (MMM)
June 1, 2015 Opinion or Order Filing 1609 REPLY to Response to #1598 Motion to Quash filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit A: Email Confirming Sanctions Payment)(Johnson, Jeremy)
May 26, 2015 Opinion or Order Filing 1608 ORDER Granting #1595 Motion for Order. Signed by Judge Miranda M. Du on 5/26/2015. (Copies have been distributed pursuant to the NEF - DC)
May 26, 2015 Opinion or Order Filing 1607 ORDER Granting #1582 Motion for Order of Sale. Signed by Judge Miranda M. Du on 5/26/2015. (Copies have been distributed pursuant to the NEF - DC)
May 26, 2015 Opinion or Order Filing 1606 ORDER Granting #1569 Motion for order Authoring the Sale. Signed by Judge Miranda M. Du on 5/26/2015. (Copies have been distributed pursuant to the NEF - DC)
May 22, 2015 Opinion or Order Filing 1605 RESPONSE to #1598 Motion to Quash, filed by Plaintiff Federal Trade Commission. Replies due by 6/1/2015. (Attachments: #1 Exhibit , #2 Exhibit)(Brooke, Joseph)
May 21, 2015 Opinion or Order Filing 1604 Mail Returned as Undeliverable re 1600 Minute Order, addressed to T. Vowell Sole Proprietorship. Address unknown, unable to remail. (DKJ)
May 15, 2015 Opinion or Order Filing 1603 ORDER REGARDING TRIAL. Bench Trial set for 1/19/2016 09:00 AM in Reno Courtroom 5 before Judge Miranda M. Du. Calendar Call set for 1/11/2016 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du. Motions in limine must be fully briefed and submitted for decision no later than thirty (30) days before trial. Motions filed after this established deadline will be automatically denied. Counsel are required to meet and confer on the issues raised in the motion in limine before filing the motion and must include a statement certifying compliance with this personal consultation requirement Exhibit List due by 1/12/2016. Proposed Findings of Fact and Conclusions of Law due by 1/12/2016. Trial Briefs due by 1/12/2016. See order for instructions on the submission of trial related documents. Signed by Judge Miranda M. Du on 5/15/2015. (Copies have been distributed pursuant to the NEF - PAV)
May 15, 2015 Opinion or Order Filing 1602 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/15/2015. By Deputy Clerk: Peggie Vannozzi. The Court held a telephonic status conference on this matter on 5/8/2015. The Courtroom Administrator was directed to contact the parties to discuss potential trial dates. IT IS ORDERED: the bench trial in this matter is set for 1/19/2016 at 9:00 AM in Reno Courtroom 5. Telephonic calendar call is set for 1/11/2016 at 1:00 PM in Reno Courtroom 5. Information concerning the AT&T conference line will be given closer to the calendar call date. IT IS FURTHER ORDERED that motions in limine are to be fully briefed and submitted no later than 30 days prior to the trial date. The Joint Pretrial Order will be due within 30 days of the Court's order on the remaining issues. An Order Regarding Trial follows. ( Motions due by 11/30/2015., Bench Trial set for 1/19/2016 09:00 AM in Reno Courtroom 5 before Judge Miranda M. Du., Calendar Call set for 1/11/2016 01:00 PM in Reno Courtroom 5 before Judge Miranda M. Du.) (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 13, 2015 Opinion or Order Filing 1601 TRANSCRIPT of Proceedings, 1599 Status Conference,,,,,,,,,,,, held on 5-8-15, before Judge Miranda M. Du. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website < before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 6/3/2015. Redacted Transcript Deadline set for 6/13/2015. Release of Transcript Restriction set for 8/11/2015. (KF)
May 11, 2015 Opinion or Order Filing 1600 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/11/2015. By Deputy Clerk: Peggie Vannozzi. The parties are also directed to discuss whether they believe it would be helpful for them to participate in court directed settlement conference and to report on this issue in the joint status report that is due within 30 days per 1599 Minutes of Proceedings re: Status Conference. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 8, 2015 Opinion or Order Filing 1599 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 5/8/2015 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collo Guerard, Janice Kopec, Joseph Brooke; Def Counsel: Jeremy Johnson, pro se; Karra Porter, Kelly Macfarlane and Philip Lowry (for corporate defendants); Brad Mumford for Marcus Mumford (for S. Leavitt); Court Reporter/FTR #: Kathy French; Time of Hearing: 9:11 AM - 9:45 Am; Courtroom: 5; Also present: Gary Caris for Receiver Robb Evans and Associates. The Court addresses counsel and Mr. Johnson with regard to the Status Report (dkt. no. #1591 .) Ms. Kopec, Ms. Porter and Mr. Johnson present arguments. The following schedule is set: Within 15 days: 1) Plaintiff is to submit to Defendants a list of sites they contend are similar to those the Court found deceptive to Defendants; 2) Plaintiff is to submit to Defendant information indicating the connections between the websites the Court has identified as deceptive in its 3/31/2015 order (dkt. no. #1586 ); 3) Plaintiff is to submit similar information to Defendants regarding the connections between websites it contends are similar to the ones the Court found deceptive. 4) Within 15 days after the lists are delivered, the parties shall meet and confer to discuss the information provided by Plaintiff. Within 30 days: A joint status report is to be filed that 1) lists the websites the Plaintiffs identified as similar to the ones identified by the Court upon which the parties can agree; 2) lists the websites Plaintiff contends to be deceptive to which Defendants cannot agree; 3) lists the connections between all the websites listed and the affiliates. Status report due 6/8/2015. Within 45 days: Plaintiff is to file its amended arguments on the issue of consumer redress only (Item number 5 in the status report (dkt. no. #1591 .) Defendants will have 30 days after the brief is filed to file their response. Within 75 days: 1) The parties are to file briefs presenting argument (a) why the disputed websites identified in the status report are similar or not similar to the websites the Court found to be deceptive in its order (dkt. no. #1586 ) and (b) the connections between websites and hosting affiliates; 2) The parties are to file any supplemental authorities identifying new case law that is relevant to the issues contained in the arguments presented in the summary judgment motions where the Court reserved ruling. Ms. Kopec indicates that the Plaintiffs will make a settlement offer to Defendants, but, if the settlement offers are not accepted, Plaintiffs will need two full trial weeks to present their evidence. Ms. Porter indicates that the Corporate Defendants intend to go to trial. She estimates two weeks total for the trial. The Court inquires if the parties would be willing to hold the trial in Reno instead of Las Vegas. The Courtroom Administrator will contact counsel and Mr. Johnson to discuss potential dates later this year or early next year for the trial. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 7, 2015 Opinion or Order Filing 1598 First MOTION to Quash Inappropriate FTC Subpoenas by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
April 29, 2015 Opinion or Order Filing 1597 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/29/2015. By Deputy Clerk: Peggie Vannozzi. A Telephonic Status Conference is set for 5/8/2015 09:00 AM PDT in Reno Courtroom 5 before Judge Miranda M. Du. Counsel and pro se parties are directed to call the Court's conference line, 1-888-251-2909, code 3803398, password 123456, at least 10 minutes prior to the hearing. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 27, 2015 Opinion or Order Filing 1596 NOTICE of Filing of #1595 Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From September 1, 2014 Through March 31, 2015; and (2) Granting Relief From Local Rule 66-5 by Robb Evans. (Caris, Gary)
April 27, 2015 Opinion or Order Filing 1595 MOTION for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From September 1, 2014 Through March 31, 2015; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof by Receiver Robb Evans. Responses due by 5/14/2015. (Attachments: #1 Declaration of Gary Owen Caris, #2 Declaration of Brick Kane, #3 Exhibit 1 to Declaration of Kane, #4 Appendix 1 of 2, #5 Exhibit 2 to Appendix 1, #6 Exhibit 3 to Appendix 1, #7 Exhibit 4 to Appendix 1, #8 Exhibit 5 to Appendix 1, #9 Exhibit 6 to Appendix 1, #10 Exhibit 7 to Appendix 1, #11 Exhibit 8 to Appendix 1, #12 Appendix 2 of 2, #13 Exhibit 9 to Appendix 2, #14 Exhibit 10 to Appendix 2, #15 Exhibit 11 to Appendix 2, #16 Exhibit 12 to Appendix 2, #17 Exhibit 13 to Appendix 2, #18 Exhibit 14 to Appendix 2, #19 Exhibit 15 to Appendix 2, #20 Exhibit 16 to Appendix 2, #21 Exhibit 17 to Appendix 2, #22 Proposed Order)(Caris, Gary)
April 17, 2015 Opinion or Order Filing 1594 Mail Returned as Undeliverable re #1587 Order on Motion for Order of Sale, addressed to Lifestyles for Fitness, Inc. Address unknown, unable to remail. (DKJ)
April 16, 2015 Opinion or Order Filing 1593 Mail Returned as Undeliverable re #1585 Order on Stipulation addressed to Lifestyles for Fitness, Inc. Address unknown, unable to remail. (DKJ)
April 15, 2015 Opinion or Order Filing 1592 JOINDER filed by Defendants Employee Plus, Inc., Scott Leavitt. (Mumford, Marcus)
April 15, 2015 Opinion or Order Filing 1591 Joint STATUS REPORT by Plaintiff Federal Trade Commission. (Guerard, Collot)
April 13, 2015 Opinion or Order Filing 1590 Mail Returned as Undeliverable re #1587 Order on Motion for Order of Sale, addressed to Jason Vowell. Address unknown; unable to remail. (DKJ)
April 2, 2015 Opinion or Order Filing 1589 Mail Returned as Undeliverable re #1585 Order on Stipulation addressed to Jason Vowell. Remailed to 491 N Bluff St., St George, UT 84770. (DKJ)
April 2, 2015 Opinion or Order Filing 1588 Mail Returned as Undeliverable re #1585 Order on Stipulation addressed to Andy Johnson. Address unknown, unable to remail. (DKJ)
April 1, 2015 Opinion or Order Filing 1587 ORDER granting #1579 and #1581 motions (1) Authorizing, Approving and Confirming sale of Cedar City Land and for related relief and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 4/1/2015. (Copies have been distributed pursuant to the NEF - DKJ)
March 31, 2015 Opinion or Order Filing 1586 ORDER granting in part and denying in part #1235 , #1280 Motion for Summary Judgment; denying without prejudice #1278 , #1279 Motion for Summary Judgment; denying without prejudice #1284 Motion for Partial Summary Judgment. The parties are ordered to confer on resolution of the remaining issues and submit a joint status report within fifteen (15) days. A status hearing will be scheduled. Signed by Judge Miranda M. Du on 3/31/2015. (Copies have been distributed pursuant to the NEF - DKJ)
March 23, 2015 Opinion or Order Filing 1585 ORDER Granting #1584 Stipulation for Resolution of Order to Show Cause as to Shane Scott. Signed by Judge Miranda M. Du on 3/23/15. (Copies have been distributed pursuant to the NEF - TR)
March 19, 2015 Opinion or Order Filing 1584 STIPULATION re: Order to Show Cause; filed by Receiver Robb Evans. (Caris, Gary)
March 12, 2015 Opinion or Order Filing 1583 NOTICE re #1582 MOTION for Order of Sale filed by Robb Evans. (Caris, Gary)
March 12, 2015 Opinion or Order Filing 1582 MOTION for Order of Sale filed by Receiver Robb Evans. (Attachments: #1 Declaration of M. Val Miller, #2 Certificate of Service, #3 Exhibit 1, #4 Proposed Order)(Caris, Gary)
January 28, 2015 Opinion or Order Filing 1581 MOTION for Order Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 2/14/2015. (Attachments: #1 Declaration of M. Val Miller, #2 Exhibit Exhibit 1 of Declaration, #3 Exhibit Exhibit 2 of Declaration, #4 Exhibit Exhibit 3 of Declaration, #5 Certificate of Service, #6 Proposed Order)(EDS)
January 28, 2015 Opinion or Order Filing 1580 NOTICE of Filing by Robb Evans re #1579 MOTION for Order Authorizing, Approving and Confirming Sale of Cedar City Land and for Related Relief. (Caris, Gary)
January 28, 2015 Opinion or Order Filing 1579 MOTION for Order Authorizing, Approving and Confirming Sale of Cedar City Land and for Related Relief by Receiver Robb Evans. (Attachments: #1 Declaration of M. Val Miller in Support of Motion re Sale of Cedar City Land, #2 Certificate of Service, #3 Exhibit 1 to Declaration of Miller, #4 Exhibit 2 to Declaration of Miller, #5 Exhibit 3 to Declaration of Miller, #6 Proposed Order re Sale of Cedar City Land)(Caris, Gary)
January 28, 2015 Opinion or Order NOTICE of Docket Correction to #1579 Motion for Order Authorizing, Approving and Confirming Sale. ERROR: Documents should have been filed as separate entries by attorney, Gary Caris . In accordance with Special Order 109, a separate document must be filed for each type of document or purpose . Counsel advised in the future please file documents in accordance with Special Order 109 filing procedures to prevent delay in the timely filing of documents. CORRECTION: Court docketed the Motion for Order Granting Relief from Local Rule 66-5 contained within document #1579 as #1581 Motion for Order Granting Relief from Local Rule 66-5. (no image attached)(EDS)
January 16, 2015 Opinion or Order Filing 1578 NOTICE of Change of Address by Karra J Porter. (Porter, Karra)
January 15, 2015 Opinion or Order Filing 1577 REDACTED EXHIBITS to #1574 Reply to Response to Motion, filed pursuant to #1576 . Clerk's note: original exhibits 3-5 to #1574 sealed pursuant to the Court's order #1576 . (PAV)
January 15, 2015 Opinion or Order Filing 1576 ORDER granting 1575 Ex Parte Application to Seal Exhibits 3 through 5 ([1574-3] [1574-4] [1574-5] to #1574 . Signed by Judge Miranda M. Du on 1/14/2015. (Copies have been distributed pursuant to the NEF - PAV)
January 13, 2015 Opinion or Order Filing 1574 REPLY to Response to #1569 MOTION for Order (1) Authorizing, Approving and Confirming Sale of Beaver Dam, Arizona Trailer Park, Approving Sale and Overbid Procedures and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Howard, Randolph)
January 8, 2015 Opinion or Order Filing 1573 RESPONSE to #1569 MOTION for Order (1) Authorizing, Approving and Confirming Sale of Beaver Dam, Arizona Trailer Park, Approving Sale and Overbid Procedures and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors, filed by Defendant Jeremy D. Johnson. Replies due by 1/18/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Johnson, Jeremy)
December 31, 2014 Opinion or Order Filing 1572 Mail Returned as Undeliverable re #1568 Set/Reset Hearings,, Order, addressed to Andy Johnson. Address unknown. Unable to remail. (DKJ)
December 29, 2014 Opinion or Order Filing 1571 Mail Returned as Undeliverable re #1568 Order, addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to remail. (DKJ)
December 22, 2014 Opinion or Order Filing 1569 MOTION for Order (1) Authorizing, Approving and Confirming Sale of Beaver Dam, Arizona Trailer Park, Approving Sale and Overbid Procedures and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 1/8/2015. (Attachments: #1 Declaration of M. Val Miller In Support of Motion, #2 Certificate of Service, #3 Exhibit 1 to Declaration of M. Val Miller, #4 Exhibit 2 to Declaration of M. Val Miller, #5 Proposed Order re Sale of Beaver Dam)(Caris, Gary)
December 22, 2014 Opinion or Order Filing 1570 NOTICE of Filing of Motion for Order by Robb Evans re #1569 MOTION for Order (1) Authorizing, Approving and Confirming Sale of Beaver Dam, Arizona Trailer Park, Approving Sale and Overbid Procedures and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors
December 19, 2014 Opinion or Order Filing 1568 ORDER granting #1567 Stipulation to continue hearing on order to show case re contempt as to Shane Scott.Show Cause Hearing reset for 4/9/2015 10:00 AM in Courtroom to be determined. before Judge Miranda M. Du. Signed by Judge Miranda M. Du on 12/18/2014. (Copies have been distributed pursuant to the NEF - DC)
December 18, 2014 Opinion or Order Filing 1567 STIPULATION to Continue Hearing On 1551 Order to Show Cause Re Contempt as to Shane Scott; and Order Thereon by Receiver Robb Evans. (Attachments: #1 Proposed Order Continuing Hearing on Order to Show Cause Re Contempt as to Shane Scott)(Caris, Gary)
December 18, 2014 Opinion or Order Filing 1566 Mail Returned as Undeliverable re #1564 Order on Motion addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to remail. (DKJ)
December 17, 2014 Opinion or Order Filing 1565 Mail Returned as Undeliverable re #1564 Order on Motion addressed to Andy Johnson. Address unknown. Unable to remail. (DKJ)
December 5, 2014 Opinion or Order Filing 1564 ORDER granting #1516 Motion for fees incurred for the four-month period from May 1, 2014 through August 31, 2014. Signed by Judge Miranda M. Du on 12/5/2014. (Copies have been distributed pursuant to the NEF - DKJ)
December 1, 2014 Opinion or Order Filing 1563 Mail Returned as Undeliverable re #1558 Order on Stipulation, addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to remail. (DKJ)
November 21, 2014 Opinion or Order Filing 1561 REPLY to Response to #1546 MOTION to Seal Exhibits filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Attachments: #1 Exhibit 1 - Cover Sheet for Exhibit Filed Under Seal)(Porter, Karra)
November 21, 2014 Opinion or Order Filing 1560 Mail Returned as Undeliverable re #1553 Transcript, addressed to Jason Vowell. Remailed to 573 S. Woodsview Circle, St. George, UT. 84770 per certificate of service for Jason Vowell on document 1512 (DKJ)
November 21, 2014 Opinion or Order Filing 1559 Mail Returned as Undeliverable re #1553 Transcript, addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to remail. (DKJ)
November 20, 2014 Opinion or Order Filing 1558 ORDER ON STIPULATION granting #1556 STIPULATION FOR EXTENSION OF TIME to file a reply to #1546 MOTION to Seal Exhibits. Replies due by 11/21/2014. Signed by Judge Miranda M. Du on 11/19/2014. (Copies have been distributed pursuant to the NEF - DKJ)
November 17, 2014 Opinion or Order Filing 1557 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 11/17/2014. By Deputy Clerk: Peggie Vannozzi. The Court having reviewed the Receiver's Notice #1555 indicating that Duane Fielding has complied, it is therefore ordered that the Order to Show Cause is discharged and the hearing set for 11/17/2014 at 3:00 PM is vacated. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
November 17, 2014 Opinion or Order Filing 1556 STIPULATION FOR EXTENSION OF TIME (First Request) re #1546 MOTION to Seal Exhibits ; by Defendants Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., eCom Success, Inc.. (Porter, Karra)
November 17, 2014 Opinion or Order Filing 1555 NOTICE of Duane Fielding's Compliance with Agreement for Resolution of Contempt Motion and Request for Discharge of Order to Show Cause Re Contempt as to Duane Fielding Only Pursuant to Agreement by Robb Evans re #1537 Notice (Other),,. (Caris, Gary)
November 12, 2014 Opinion or Order Filing 1554 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 11/12/2014. By Deputy Clerk: Peggie Vannozzi. The Show Cause Hearing as to Duane Fielding set for 11/20/2014 at 1:00 PM is advanced to 11/17/2014 at 3:00 PM in LV Courtroom 4B before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
November 12, 2014 Opinion or Order Filing 1553 TRANSCRIPT of Proceedings, 1536 Order on Motion, Motion Hearing, #1235 , #1278 , #1284 , and #1395 , held on October 16, 2014, before Judge Miranda M. Du. Court Reporter: Kathy Eismann, 702-431-1919. Transcript may be viewed at the court public terminal or purchased through the Court Reporter using the court's "Transcript Order" form available on our website #www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/3/2014. Redacted Transcript Deadline set for 12/13/2014. Release of Transcript Restriction set for 2/10/2015. (KE)
November 6, 2014 Opinion or Order Filing 1552 RESPONSE to #1546 MOTION to Seal Exhibits, filed by Plaintiff Federal Trade Commission. Replies due by 11/16/2014. (Attachments: #1 Exhibit)(Guerard, Collot)
November 6, 2014 Opinion or Order Filing 1551 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 11/6/2014. By Deputy Clerk: Peggie Vannozzi. It is not obvious to the Court that Shane Scott's anticipated bankruptcy would affect this Court's Order to Show Cause as to why Mr. Scott should not be held in contempt of court. However, in light of counsel's schedule, the Court will grant the request to extend the show cause hearing with respect to Mr. Scott only. It is therefore ordered that MOTION to Continue District Judge Hearing by Intervenor Parties Iprerogative, LLC, Rotortrends, LLC (dkt. no. #1548 is granted. The Show Cause Hearing as to Shane Scott is reset for 1/5/2015 01:30 PM in Courtroom to be determined before Judge Miranda M. Du. The Show Cause hearing as to Duane Fielding remains set for 11/20/2014 at 1:00 PM in a Las Vegas Courtroom to be determined before Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - PAV)
November 5, 2014 Opinion or Order Filing 1550 REPLY to Response to #1548 MOTION to Continue District Judge Hearing filed by Intervenor Parties Iprerogative, LLC, Rotortrends, LLC. (Studebaker, Michael P.)
November 5, 2014 Opinion or Order Filing 1549 RESPONSE to #1548 MOTION to Continue District Judge Hearing , filed by Receiver Robb Evans. Response to Motion to Continue Hearing on Order to Show Cause Re Contempt as to Duane Fielding and Shane Scott Replies due by 11/15/2014. (Caris, Gary)
November 4, 2014 Opinion or Order Filing 1548 MOTION to Continue District Judge Hearing by Intervenor Parties Iprerogative, LLC, Rotortrends, LLC. Motion ripe 11/4/2014. (Attachments: #1 Proposed Order)(Studebaker, Michael P.)
October 30, 2014 Opinion or Order Filing 1547 ORDER re #1523 MOTION to Withdraw as Attorney as to Michael Studebaker. Anthon Holdings Corp., Network Agenda, LLC, and Duane Fielding formerly represented by Studebaker Law Office are now represented by Christensen & Jensen. However, these defendants are not represented by local counsel, as required by Local Rule 10-2(b-d). Accordingly, IT IS HEREBY ORDERED that the Clerks Office shall remove Michael Studebaker and the Studebaker Law Office from the electronic court filing system. IT IS FURTHER ORDERED that Defendants Duane Fielding, Network Agenda, and Anthon Holdings shall acquire local counsel to participate in their representation. Notice of association of local counsel must be filed with this Court by November 13, 2014. Signed by Magistrate Judge George Foley, Jr on 10/30/2014. (Copies have been distributed pursuant to the NEF - DKJ)
October 28, 2014 Opinion or Order Filing 1546 MOTION to Seal Exhibits by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. Motion ripe 10/28/2014. (Porter, Karra)
October 24, 2014 Opinion or Order Filing 1545 Mail Returned as Undeliverable re #1531 Order on Motion to Withdraw as Attorney, addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to remail. (DKJ)
October 21, 2014 Opinion or Order Filing 1540 Mail Returned as Undeliverable re #1513 Order on Motion,, Terminate Deadlines/Hearings addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to remail. (DKJ)
October 20, 2014 Opinion or Order Filing 1544 Mail Returned as Undeliverable re #1511 Order on Motion addressed to Jason Vowell. Remailed to 573 S. Woodsview Circle, St. George, UT. 84770 per certificate of service for Jason Vowell on document #1512 . (DKJ)
October 20, 2014 Opinion or Order Filing 1543 Mail Returned as Undeliverable re #1510 Order on Motion, addressed to Jason Vowell. Remailed to 573 S. Woodsview Circle, St. George, UT. 84770 per certificate of service for Jason Vowell on document #1512 . (DKJ)
October 20, 2014 Opinion or Order Filing 1542 Mail Returned as Undeliverable re #1514 Order, addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to remail. (DKJ)
October 20, 2014 Opinion or Order Filing 1541 Mail Returned as Undeliverable re #1513 Order on Motion,, Terminate Deadlines/Hearings addressed to Jason Vowell. Remailed to 573 S. Woodsview Circle, St. George, UT. 84770 per certificate of service for Jason Vowell on document #1512 . (DKJ)
October 20, 2014 Opinion or Order Filing 1539 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/20/2014. By Deputy Clerk: Peggie Vannozzi. The Show Cause Hearing as to Shane Scott, set for 10/16/2014 at 9:00 AM is reset to 11/20/2014 01:00 PM in Courtroom to be determined. before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
October 20, 2014 Opinion or Order Filing 1538 ORDER APPROVING AGREEMENT FOR RESOLUTION OF CONTEMPT MOTION #1537 , and resetting the Order to Show Cause Hearing as to Duane Fielding, filed by Robb Evans. See order for specifics. The Show Cause Hearing set for 10/16/2014 at 9:00 AM is continued to 11/20/2014 01:00 PM in Courtroom to be determined. before Judge Miranda M. Du. Signed by Judge Miranda M. Du on 10/17/2014. (Copies have been distributed pursuant to the NEF - PAV)
October 17, 2014 Opinion or Order Filing 1537 NOTICE of Execution of Agreement for Resolution of Contempt Motion by Receiver and Duane Fielding and Request for Approval Thereof and to Continue Hearing on Order to Show Cause Re Contempt as to Duane Fielding Only Pursuant to Agreement by Robb Evans. (Attachments: #1 Exhibit A to Notice of Execution of Agreement, #2 Exhibit B to Notice of Execution of Agreement, #3 Proposed Order Approving Agreement for Resolution of Contempt Motion by Receiver and Duane Fielding)(Caris, Gary)
October 17, 2014 Opinion or Order Filing 1536 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/16/2014 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Joseph Brooke, Will Maxson; Janice Kopec (via telephone) ; Pro Se Defendants: Jeremy Johnson, Andy Johnson, Duane Fielding, Ryan Riddle; Def Counsel: Kara Porter, Phillip Lowry, Jr., Kelly MacFarlane (for Corporate & Relief Defendants); Marcus Mumford (via telephone)for Defendants Scott Leavitt and Employee Plus; Sam Taylor, Jr. (via telephone) (for FDIC as receiver for SunFirst Bank); Receiver's Counsel: Gary Caris Court Reporter/FTR #: Kathy Eismann; Time of Hearing: 9:27 AM - 11:55 AM; 1:42 PM - 3:17 PM; Courtroom: 4A; The Court advises counsel of the parameters of the hearing. The Court will not consider objections filed because it believes that the objections were filed to circumvent the page limitations. The Court hears arguments on #1235 FTC's Motion for Summary Judgment Against All Corporate Liability Defendants from Ms. Guerard and Ms. Porter. Proceedings recess at 11:55 PM and reconvene at 1:42 PM. Mr. Mumford presents arguments. Andy Johnson, Jeremy Johnson, and Ryan Riddle present arguments on the FTC's Motion #1278 for Summary Judgment on Individual Defendants. Ms. Guerard and Ms. Porter respond. The Court takes the FTC's Motions for Summary Judgment #1235 and #1278 and Corporate Defendants' Motion for Partial Summary Judgment #1284 under advisement. Mr. Caris and Jeremy Johnson present argument on #1395 Motion Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah, Based on Changed Circumstances. Mr. Johnson indicates that he and his family have moved back into the home and that they will take care of the home during the pendency of this action. The Court warns Mr. Johnson that the home is to be used by his family as a residence and not as a business. Ms. Guerard advises the Court that Iworks has not paid the sanctions ordered by Order #1070 . The Court directs counsel to meet and confer to resolve the issue. If the issue cannot be resolved, then counsel may file position statements relating to #1070 . The statements may not be over 2 pages long. (Copies have been distributed pursuant to the NEF - PAV)
October 15, 2014 Opinion or Order Filing 1535 Mail Returned as Undeliverable re #1511 Order on Motion addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to remail. (DKJ)
October 15, 2014 Opinion or Order Filing 1534 Mail Returned as Undeliverable re #1510 Order on Motion, addressed to Andy Johnson. Address unknown. Unable to remail. (DKJ)
October 14, 2014 Opinion or Order Filing 1533 Mail Returned as Undeliverable re #1503 Order on Motion for Order of Sale,, Order on Motion to Strike, addressed to Jason Vowell. New address unknown; unable to remail. (DKJ)
October 14, 2014 Opinion or Order Filing 1532 Mail Returned as Undeliverable re #1502 Order on Motion to Seal, addressed to unknown-unable to read label. (DKJ)
October 14, 2014 Opinion or Order Filing 1531 ORDER granting #1523 Motion to Withdraw as Attorney. Michael Studebaker and the Studebaker Law Office, L.L.C. are allowed to withdraw as counsel on behalf of Duane Fielding, Network Agenda, and Anthon Holdings. Signed by Judge Miranda M. Du on 10/14/2014. (Copies have been distributed pursuant to the NEF - DKJ)
October 14, 2014 Opinion or Order Filing 1530 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/14/2014. By Deputy Clerk: Peggie Vannozzi. The motion to appear telephonically (dkt. no. #1522 ) was amended (dkt. no. #1525 ) and is denied as moot. The amended motion to appear telephonically (dkt. no. #1525 ) is denied. The Order to Show Cause requires personal appearance at the show cause hearing. (Dkt. no. #1468 at 4.) In light of the other matters on the October 16, 2014 calendar, the show cause hearing will be continued to another date. A minute order setting the hearing will be issued separately. (Copies have been distributed pursuant to the NEF - PAV)
October 14, 2014 Opinion or Order Filing 1529 NOTICE of Receiver of Proposed Resolution of Order to Show Cause Re Contempt [Dkt No. 1459] as to Duane Fielding Only Subject to Documentation and Court Approval by Robb Evans. (Caris, Gary)
October 14, 2014 Opinion or Order Filing 1528 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/14/2014. By Deputy Clerk: Peggie Vannozzi. The Motions Hearing set for 10/16/2014 at 9:00 AM will be heard in LV Courtroom 4A before Judge Miranda M. Du. Parties wishing to participate by telephonic conference shall call 1-888-251-2909, code 3803398, password 123456, no later than 8:55 AM Pacific time. No one will be allowed to use cell phones or speaker phones for this conference. Anyone listening in but not participating in the conference shall mute their side of the telephone. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
October 14, 2014 Opinion or Order Filing 1527 REPLY to Response to #1459 MOTION for Order to Show Cause as to Why Duane Fielding and Shane Scott Should Not Be Held in Contempt of Court for Violations of Preliminary Injunction Order and Clarifying Order filed by Receiver Robb Evans. (Caris, Gary)
October 14, 2014 Opinion or Order Filing 1526 RESPONSE to #1525 Amended MOTION to Appear Telephonically (Amended) re 1487 Minute Order,, Set/Reset Hearings, , filed by Receiver Robb Evans. Replies due by 10/24/2014. (Caris, Gary)
October 12, 2014 Opinion or Order Filing 1525 Amended MOTION to Appear Telephonically (Amended) re 1487 Minute Order,, Set/Reset Hearings, by Intervenor Parties Iprerogative, LLC, Rotortrends, LLC. Responses due by 10/29/2014. (Attachments: #1 Proposed Order)(Studebaker, Michael P.)
October 12, 2014 Opinion or Order Filing 1524 RESPONSE TO ORDER TO SHOW CAUSE by Intervenor Parties Iprerogative, LLC, Rotortrends, LLC (Amended). (Studebaker, Michael P.)
October 12, 2014 Opinion or Order Filing 1523 MOTION to Withdraw as Attorney by Michael Studebaker by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 10/12/2014. (Attachments: #1 Proposed Order)(Studebaker, Michael P.)
October 10, 2014 Opinion or Order Filing 1522 MOTION Motion to Appear Telephonically re 1487 Minute Order,, Set/Reset Hearings, by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC, Intervenor Parties Iprerogative, LLC, Rotortrends, LLC. Responses due by 10/27/2014. (Attachments: #1 Proposed Order Order to Appear Telephonically)(Studebaker, Michael P.)
October 10, 2014 Opinion or Order Filing 1521 RESPONSE TO ORDER TO SHOW CAUSE by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC, Intervenor Parties Iprerogative, LLC, Rotortrends, LLC . (Studebaker, Michael P.)
October 9, 2014 Opinion or Order Filing 1520 Mail Returned as Undeliverable re #1503 Order on Motion for Order of Sale, Order on Motion to Strike, addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to resend. (DKJ)
October 9, 2014 Opinion or Order Filing 1519 NOTICE of Entry of Orders Concerning 573 S. Woods View Circle, St. George, Utah (Dkt Nos 1513, 1514 and 1515) by Robb Evans. (Attachments: #1 Exhibit 1 to Notice of Entry, #2 Exhibit 2 to Notice of Entry, #3 Exhibit 3 to Notice of Entry)(Hawes, Lesley)
October 8, 2014 Opinion or Order Filing 1518 Mail Returned as Undeliverable re #1502 Order on Motion to Seal, addressed to Lifestyles for Fitness, Inc. Address unknown. Unable to resend. (DKJ)
October 8, 2014 Opinion or Order Filing 1517 NOTICE of Filing of Motion for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from May 1, 2014 Through August 31, 2014 by Robb Evans re #1516 MOTION for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from May 1, 2014 Through August 31, 2014 . (Caris, Gary)
October 8, 2014 Opinion or Order Filing 1516 MOTION for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from May 1, 2014 Through August 31, 2014 by Receiver Robb Evans. Responses due by 10/25/2014. (Attachments: #1 Declaration of Gary Owen Caris, #2 Declaration of Brick Kane, #3 Exhibit 1 to Declaration of Kane, #4 Appendix of Exhibits 2-11, #5 Exhibit 2 to Appendix, #6 Exhibit 3 to Appendix, #7 Exhibit 4 to Appendix, #8 Exhibit 5 to Appendix, #9 Exhibit 6 to Appendix, #10 Exhibit 7 to Appendix, #11 Exhibit 8 to Appendix, #12 Exhibit 9 to Appendix, #13 Exhibit 10 to Appendix, #14 Exhibit 11 to Appendix, #15 Proposed Order to Fee Motion)(Caris, Gary)
October 8, 2014 Opinion or Order Filing 1515 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/8/2014. By Judicial Assistant: Kathy Ryd. The hearing on the Emergency Motion for Order: (1) Authorizing Receiver to List and Offer for Sale Property Located at 573 S. Woods View Circle, St. George, Utah; (2) Compelling Jason Vowell and All Others Residing at the 573 S. Woods View Circle Property to Vacate and Turnover Possession to the Receiver and for Related Relief; and (3) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors (dkt. no. #1488 ) set for October 16, 2014, is vacated pursuant to the Court's Order (dkt. no. #1514 ) entered On October 7, 2014. (no image attached) (Copies have been distributed pursuant to the NEF - KER)
October 7, 2014 Opinion or Order Filing 1514 ORDER (1) Authorizing Receiver to List and Offer for Sale Property located at 573 S. Woodsview Circle, St. George, Utah; (2) Compelling Jason Vowell and all Others Residing at the 573 S. Woodsview Circle Property to Vacate and Turnover Possession to the Receiver and for related relief; and (3) Granting relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 10/7/2014. (Copies have been distributed pursuant to the NEF - DKJ)
October 7, 2014 Opinion or Order Filing 1513 ORDER granting #1488 Motion authorizing Receiver to list and offer property located at 573 S. Woodsview Circle. Signed by Judge Miranda M. Du on 10/7/2014. (Copies have been distributed pursuant to the NEF - DKJ)
October 6, 2014 Opinion or Order Filing 1512 REPLY to Response to #1488 Emergency MOTION Authorizing Receiver to List and Offer for Sale 573 S. Woods View Circle, St. George, Utah and Compelling Jason Vowell and all Others Residing at the 573 S. Woodsview Circle Property to Vacate and Turnover Possession to the Rece filed by Receiver Robb Evans. (Caris, Gary)
October 3, 2014 Opinion or Order Filing 1511 ORDER granting #1490 Motion to approve settlement agreement with Broadcast West Parties and for limited notice under Local Rule 66-5. Signed by Judge Miranda M. Du on 10/3/2014. (Copies have been distributed pursuant to the NEF - DKJ)
October 3, 2014 Opinion or Order Filing 1510 ORDER Granting #1481 Motion for Order (1) Authorizing, Approving and Confirming Sale of Two Turf Sod Parcels in Hurricane, Utah, Approving Sale and Overbid Procedures and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 10/3/2014. (Copies have been distributed pursuant to the NEF - EDS)
October 3, 2014 Opinion or Order Filing 1509 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/3/2014. By Deputy Clerk: Peggie Vannozzi. The Court finds that there is no good cause to support Defendant Jeremy Johnson's Motion to Strike Declaration re: #1395 Motion for Order Permitting Receiver to Take Possession (dkt. nos. #1404 and #1405 ) and therefore denies these motions. The Receiver's Motion for Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances (dkt. no. #1395 ) is added to the calendar set for October 16, 2014. The Court notes that the issues raised by Relief Defendant Sharla Johnson's response (dkt. no. #1402 ) have been rendered moot by the Ninth Circuit of Appeals decision. Each side (the Receiver and Mr. Johnson) will be permitted up to 15 minutes to present argument on the Receiver's Motion. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
October 3, 2014 Opinion or Order Filing 1508 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/3/2014. By Deputy Clerk: Peggie Vannozzi. The Court has reviewed the briefs relating to Defendant Jeremy Johnson's Motion to Replace Receiver's Agent James Fales and Request for Hearing (dkt. no. #1403 ). The Court finds that the Receiver has exercised his best judgement in administering the assets of the estate, including his decision to not engage James Fales with respect to future listings. It is therefore ordered that Defendant's Motion (dkt. no. #1403 ) is denied. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
October 2, 2014 Opinion or Order Filing 1507 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/29/2014. By Deputy Clerk: Peggie Vannozzi. The following motions: #1235 Plaintiff's Motion for Summary Judgment, #1278 Plaintiff's Motion for Summary Judgment and #1284 Corporate Defendants' MOTION for Partial Summary Judgment, will be heard on 10/16/2014 09:00 AM in a Las Vegas Courtroom to be determined before Judge Miranda M. Du. (amended to reflect that #1284 is Corporate Defendants motion, not Plaintiffs.) (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 30, 2014 Opinion or Order Filing 1504 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/30/2014. By Deputy Clerk: Peggie Vannozzi. RE: #1488 Emergency MOTION Authorizing Receiver to List and Offer for Sale 573 S. Woods View Circle, St. George, Utah and Compelling Jason Vowell and all Others Residing at the 573 S. Woodsview Circle Property to Vacate and Turnover Possession to the Rece Motion Hearing set for 10/16/2014 09:00 AM in Courtroom to be determined before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 29, 2014 Opinion or Order Filing 1506 Mail Returned as Undeliverable re #1493 , #1494 , and #1395 Orders addressed to Jason Vowell. New address unknown; did not remail. (EDS)
September 29, 2014 Opinion or Order Filing 1505 Mail Returned as Undeliverable re #1493 , #1494 , and #1495 Orders addressed to Lifestyles for Fitness, Inc. Address unknown; did not remail. (EDS)
September 29, 2014 Opinion or Order Filing 1503 ORDER that #1189 Motion for Order Approving and Confirming Sale is GRANTED. FURTHER ORDERED that #1211 Motion to Strike is GRANTED. The Clerk will strike the Declaration of Melida Barlow (contained within #1202 Response to Motion). Signed by Judge Miranda M. Du on 9/29/14. (Copies have been distributed pursuant to the NEF - MMM)
September 29, 2014 Opinion or Order Filing 1502 ORDER Granting #1212 Motion to Seal Confidential Valuation Evidence (Declaration of Jim D. Allen and September 5, 2013 Appraisall of 505 S. Woodsview Circle). Signed by Judge Miranda M. Du on 9/27/14. (Copies have been distributed pursuant to the NEF - MMM)
September 29, 2014 Opinion or Order Filing 1501 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/29/2014. By Deputy Clerk: Peggie Vannozzi. Defendants filed a motion ("Motion") to file certain exhibits under seal (dkt. no. #1336 ) and an amended motion ("Amended Motion") to file certain exhibits under the seal (dkt. no. #1345 ). The Motion (dkt. no. #1336 ) is denied as moot by the filing of the Amended Motion. The Amended Motion seeks to seal documents that contained privileged communications between IWorks' attorneys and representatives of IWorks. However, it is not clear that communications with all of IWorks' representatives are privileged. Moreover, some of the documents that Defendants seek to seal do not appear to contain any privileged communications. For example, Exhibit 1086 contains an FTC document relating to online advertising and other documents that appear to confirm online orders placed by the FTC. These documents, even if attached to a transmittal email from a client to an attorney, do not appear to contain privileged information. It is therefore ordered that the Amended Motion (dkt. no. #1345 ) is denied without prejudice to Defendants to file a renewed motion stating the reasons why each exhibit should be filed under seal. Defendants are given 30 days to file the renewed motion. The exhibits referenced in the Amended Motion will remain under seal, but will be unsealed if Defendants elect not to file a renewed motion within 30 days. (Copies have been distributed pursuant to the NEF - PAV)
September 29, 2014 Opinion or Order Filing 1500 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/29/2014. By Deputy Clerk: Peggie Vannozzi. The following motions: #1235 Motion for Summary Judgment , #1278 Motion for Summary Judgment and #1284 MOTION for Partial Summary Judgment , all filed by Plaintiffs, will be heard on 10/16/2014 09:00 AM in a Las Vegas Courtroom to be determined before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 25, 2014 Opinion or Order Filing 1499 RESPONSE to #1488 Emergency MOTION Authorizing Receiver to List and Offer for Sale 573 S. Woods View Circle, St. George, Utah and Compelling Jason Vowell and all Others Residing at the 573 S. Woodsview Circle Property to Vacate and Turnover Possession to the Rece, filed by Defendant Jeremy D. Johnson. Replies due by 10/5/2014. (Attachments: #1 Exhibit 1)(Johnson, Jeremy) Wrong event selected, modified on 9/26/2014. (MAJ)
September 25, 2014 Opinion or Order Filing 1498 ERROR: Wrong event selected, refiled as #1499 . REPLY to Response to #1488 Emergency MOTION Authorizing Receiver to List and Offer for Sale 573 S. Woods View Circle, St. George, Utah and Compelling Jason Vowell and all Others Residing at the 573 S. Woodsview Circle Property to Vacate and Turnover Possession to the Rece filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy) Modified on 9/26/2014. (MAJ)
September 23, 2014 Opinion or Order Filing 1497 AMENDED ORDER re #1465 Order on Motion. ORDER granting in its entirety #1396 Motion as amended by the Sale Amendment, and all relief sought therein. (Docket order amended to reflect the correct document number for the document attached to #1465 .) Signed by Judge Miranda M. Du on 9/23/2014. (Copies have been distributed pursuant to the NEF - PAV)
September 23, 2014 Opinion or Order Filing 1496 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/23/2014. By Deputy Clerk: Peggie Vannozzi. Receiver's Motion #1396 for sale of 4 South 500 West, was granted by order #1465 . It is therefore ordered that #1495 Order on Motion is stricken as entered in error. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 22, 2014 Opinion or Order Filing 1495 ORDER Granting #1396 Motion for Sale of 5 South 500 West #1105, Salt Lake City, Utah and Relief From Local Rule 66-5 re #1382 MOTION For Order. Signed by Judge Miranda M. Du on 9/22/14. (Copies have been distributed pursuant to the NEF - MMM)
September 22, 2014 Opinion or Order Filing 1494 ORDER Granting #1371 Motion for Order: (1) Approving and Confirming Sale of 1749 Boulder Mountain Road, St. George, Utah and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof. Signed by Judge Miranda M. Du on 9/22/14. (Copies have been distributed pursuant to the NEF - MMM)
September 22, 2014 Opinion or Order Filing 1493 ORDER Granting #1198 Motion For Order Approving Settlement with Peterson Parties and for Order Authorizing Receiver to Market and List for Sale Paradise Ranch if Settlement Is Not Approved or Settlement Payment is Not Made; And For Order for Limited Notice Under Local Rule 66-5 If Applicable. Signed by Judge Miranda M. Du on 9/22/14. (Copies have been distributed pursuant to the NEF - MMM)
September 19, 2014 Opinion or Order Filing 1492 DECLARATION of Neil Jones re #1459 MOTION for Order to Show Cause as to Why Duane Fielding and Shane Scott Should Not Be Held in Contempt of Court for Violations of Preliminary Injunction Order and Clarifying Order ; filed by Receiver Robb Evans. (Caris, Gary)
September 10, 2014 Opinion or Order Filing 1491 NOTICE of Filing of Motion for Order Approving Settlement Agreement with Broadcast West Parties by Robb Evans re #1490 MOTION Approving Settlement Agreement with Broadcast West Parties . (Caris, Gary)
September 10, 2014 Opinion or Order Filing 1490 MOTION Approving Settlement Agreement with Broadcast West Parties by Receiver Robb Evans. Responses due by 9/27/2014. (Attachments: #1 Declaration of Gary Owen Caris, #2 Certificate of Service to Dec of Caris, #3 Exhibit 1 to Dec of Caris, #4 Proposed Order)(Caris, Gary)
September 8, 2014 Opinion or Order Filing 1489 NOTICE of Filing of Emergency Motion by Robb Evans re #1488 Emergency MOTION Authorizing Receiver to List and Offer for Sale 573 S. Woods View Circle, St. George, Utah and Compelling Jason Vowell and all Others Residing at the 573 S. Woodsview Circle Property to Vacate and Turnover Possession to the Rece. (Caris, Gary)
September 8, 2014 Opinion or Order Filing 1488 Emergency MOTION Authorizing Receiver to List and Offer for Sale 573 S. Woods View Circle, St. George, Utah and Compelling Jason Vowell and all Others Residing at the 573 S. Woodsview Circle Property to Vacate and Turnover Possession to the Receiver by Receiver Robb Evans. Responses due by 9/25/2014. (Attachments: #1 Declaration of Gary O. Caris, #2 Declaration of Brick Kane, #3 Certificate of Service to Declaration of Brick Kane, #4 Exhibit 1 and 2 to Declaration of Brick Kane, #5 Proposed Order on Emergency Motion)(Caris, Gary)
September 2, 2014 Opinion or Order Filing 1487 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 9/2/2014. By Deputy Clerk: Peggie Vannozzi. The Show Cause Hearing set for 9/23/2014 at 10:00 AM is reset to 10/16/2014 09:00 AM in a Las Vegas Courtroom to be determined before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 2, 2014 Opinion or Order Filing 1486 NOTICE Of withdrawl of objection of motion for order by Jeremy D. Johnson re #1208 Response to Motion,. (Johnson, Jeremy)
September 2, 2014 Opinion or Order Filing 1485 WITHDRAWAL of Motion by Defendant Jeremy D. Johnson (Johnson, Jeremy)
August 22, 2014 Opinion or Order Filing 1484 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/22/2014. By Deputy Clerk: Peggie Vannozzi. The Show Cause Hearing set for 9/9/2014 at 9:00 AM is reset to 9/23/2014 10:00 AM in a LV Courtroom to be determined before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 18, 2014 Opinion or Order Filing 1483 Mail Returned as Undeliverable re #1468 Order on Motion for Order to Show Cause addressed to Jason Vowell. Address unknown; did not remail. (EDS)
August 14, 2014 Opinion or Order Filing 1482 NOTICE of Filing of Motion by Robb Evans re #1481 MOTION Motion for Order Authorizing, Approving and Confirming Sale of Two Turf Sod Parcels in Hurricane, Utah Approving Sale and Overbid Procedures and for Related Relief. (Caris, Gary)
August 14, 2014 Opinion or Order Filing 1481 MOTION Motion for Order Authorizing, Approving and Confirming Sale of Two Turf Sod Parcels in Hurricane, Utah Approving Sale and Overbid Procedures and for Related Relief by Receiver Robb Evans. Responses due by 8/31/2014. (Attachments: #1 Declaration of M. Val Miller, #2 Certificate of Service, #3 Exhibit 1 to Declaration of Miller, #4 Exhibit 2 to Declaration of Miller, #5 Exhibit 3 to Declaration of Miller, #6 Proposed Order Granting Motion for Order Authorizing, Approving and Confirming Sale)(Caris, Gary)
August 12, 2014 Opinion or Order Filing 1480 RESPONSE to #1472 Request for Judicial Notice, ; filed by Receiver Robb Evans. (Attachments: #1 Declaration of Gary Owen Caris, #2 Certificate of Service, #3 Exhibit 1 to Declaration of Caris)(Caris, Gary)
August 11, 2014 Opinion or Order Filing 1479 Mail Returned as Undeliverable re #1463 Order on Motion, #1464 Order on Motion, addressed to Jason Vowell. No new address. Did not resend. (DKJ)
August 11, 2014 Opinion or Order Filing 1478 Mail Returned as Undeliverable re #1465 Order on Motion addressed to Jason Vowell. No new address. Did not resend. (DKJ)
August 11, 2014 Opinion or Order Filing 1477 CERTIFICATE OF SERVICE for #1468 Order on Motion for Order to Show Cause,, by Receiver Robb Evans. (Caris, Gary)
August 11, 2014 Opinion or Order Filing 1476 CERTIFICATE OF SERVICE for #1468 Order on Motion for Order to Show Cause,, by Receiver Robb Evans. (Caris, Gary)
August 11, 2014 Opinion or Order Filing 1475 Mail Returned as Undeliverable re 1466 Minute Order, 1461 Minute Order, and 1462 Order on Motion, addressed to Jason Vowell. No longer at this address. No current address has been filed. Did not resend. (DKJ)
August 7, 2014 Opinion or Order Filing 1474 Mail Returned as Undeliverable re #1463 Order on Motion. Addressee unknown. Unable to view as Post Office label was put over addressee's label. (DKJ)
August 7, 2014 Opinion or Order Filing 1473 Mail Returned as Undeliverable re #1465 Order on Motion. Addressee unknown. Unable to view as Post Office label was put over addressee's label. (DKJ)
August 5, 2014 Opinion or Order Filing 1472 REQUEST for Judicial Notice re #1395 MOTION For Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances ; by Defendant Jeremy D. Johnson (Attachments: #1 Affidavit Scott Smith)(Johnson, Jeremy)
August 4, 2014 Opinion or Order Filing 1471 CERTIFICATE OF SERVICE for #1468 Order on Motion for Order to Show Cause,, by Receiver Robb Evans. (Caris, Gary)
August 4, 2014 Opinion or Order Filing 1470 CERTIFICATE OF SERVICE for #1468 Order on Motion for Order to Show Cause,, by Receiver Robb Evans. (Caris, Gary)
August 4, 2014 Opinion or Order Filing 1469 CERTIFICATE OF SERVICE for #1468 Order on Motion for Order to Show Cause,, by Receiver Robb Evans. (Caris, Gary)
August 4, 2014 Opinion or Order Filing 1468 ORDER granting #1459 Motion for Order to Show Cause Why Duane Fielding and Shane Scott Should not be held in Contempt of Court for Violations of Preliminary Injunction Order and Clarifying Order. A Show Cause Hearing, at which Duane Fielding and Shane Scott are to personally appear, is set for 9/9/2014 09:30 AM in a Las Vegas Courtroom to be determined before Judge Miranda M. Du. Service is to be effected, as described in the order, on Duane Fielding, the Law Offices of Michael Studebaker and Shane Scott no later than 8/29/2014. See order for specifics. Signed by Judge Miranda M. Du on 8/2/2014. (Copies have been distributed pursuant to the NEF - PAV)
August 1, 2014 Opinion or Order Filing 1467 DECLARATION re #1459 MOTION for Order to Show Cause as to Why Duane Fielding and Shane Scott Should Not Be Held in Contempt of Court for Violations of Preliminary Injunction Order and Clarifying Order ; Supplemental Declaration of Lesley Anne Hawes In Support of Order to Show Cause as to Why Duane Fielding and Shane Scott Should Not Be Held In Contempt of Court for Violations of the Preliminary Injunction Order and Clarifying Order Filed Pursuant to Minute Order Of July 31, 2014 (Doc. No. 1461) by Receiver Robb Evans. (Attachments: #1 Exhibit 1 to Supplemental Declaration of Hawes)(Caris, Gary)
July 31, 2014 Opinion or Order Filing 1466 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 7/31/2014. By Deputy Clerk: Peggie Vannozzi. the court has reviewed the notice of related cases #1460 and agrees that the two cases are related and should be assigned to the same judge. It is ordered 3-14-397 is reassigned to Judge Miranda M. Du and Magistrate Judge George W. Foley.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
July 31, 2014 Opinion or Order Filing 1465 ORDER granting in its entirety #1395 Motion as amended by the Sale Amendment, and all relief sought therein. Signed by Judge Miranda M. Du on 7/30/2014. (Copies have been distributed pursuant to the NEF - DKJ)
July 31, 2014 Opinion or Order Filing 1464 ORDER Granting #1376 MOTION FOR ORDER (1) Approving and authorizing payment of receivers and professionals fees and expenses from August 1, 2013 through November 30, 2013; and (2) Granting relief from Local Rule 66-5 pertaining to notice to creditors. Signed by Judge Miranda M. Du on 7/30/14. (Copies have been distributed pursuant to the NEF - EDS)
July 31, 2014 Opinion or Order Filing 1463 ORDER Granting #1453 Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from December 1, 2013 through April 30, 2014; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 7/30/14. (Copies have been distributed pursuant to the NEF - EDS)
July 31, 2014 Opinion or Order Filing 1462 ORDER denying #1382 Motion Order Confirming Sale of 5 South 500 West #1105, Salt Lake City, Utah and Relief from Local Rule 66-5 Pertaining to Notice to Creditors; filed by Receiver Robb Evans as moot. Signed by Judge Miranda M. Du on 7/30/2014. (Copies have been distributed pursuant to the NEF - PAV)
July 31, 2014 Opinion or Order Filing 1461 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 7/31/2014. By Deputy Clerk: Peggie Vannozzi. It is ordered: Receiver's counsel is to file a supplement to #1459 MOTION for Order to Show Cause as to Why Duane Fielding and Shane Scott Should Not Be Held in Contempt of Court for Violations of Preliminary Injunction Order and Clarifying Order that contains a copy of the exerpts from Duane Fielding's deposition referenced in the Declaration of Gary Owen Caris by 8/5/2014.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
July 30, 2014 Opinion or Order Filing 1460 NOTICE OF RELATED CASES 3:14-cv-397 by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Notice of Related Cases filed in FTC v CardFlex)(Guerard, Collot)
July 30, 2014 Opinion or Order Filing 1459 MOTION for Order to Show Cause as to Why Duane Fielding and Shane Scott Should Not Be Held in Contempt of Court for Violations of Preliminary Injunction Order and Clarifying Order by Receiver Robb Evans. Motion ripe 7/30/2014. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit 1 to Dec of Caris, #3 Exhibit 2 to Dec of Caris, #4 Exhibit 3 to Dec of Caris, #5 Exhibit 4 to Dec of Caris, #6 Exhibit 5 to Dec of Caris, #7 Exhibit 6 to Dec of Caris, #8 Exhibit 7 to Dec of Caris, #9 Declaration of Kenton Johnson, #10 Exhibit 1 to Dec of Johnson, #11 Exhibit 2 to Dec of Johnson, #12 Proposed Order to Show Cause)(Caris, Gary)
July 14, 2014 Opinion or Order Filing 1458 Mail Returned as Undeliverable re 1457 Order addressed to Lifestyles For Fitness, Inc. Envelope marked: Return to Sender - Not Deliverable as Addressed - Unable to Forward. No new address available. Clerk did not resend. (SLD)
July 2, 2014 Opinion or Order Filing 1457 MINUTES OF PROCEEDINGS - Motion Hearing held on 7/2/2014 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, telephonic appearance; Def Counsel: Jeremy Johnson, Pro Se and telephonic appearance by Kelly Macfarlane and Gary Caris; Court Reporter/FTR #: 10:35a.m. - 10:47a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to [1,440] Motion Compel Defendant Jeremy Johnson to Appear for Continued Asset Deposition. For the reasons stated on the record, the Court grants [1,440] Motion Compel Defendant Jeremy Johnson to Appear for Continued Asset Deposition. The deposition is to go forward in Salt Lake City on July 14, 2014 at 9:00 a.m. at the location previously noticed. Counsel for Mr. Johnson's criminal case may attend the deposition with him. If the date does not work for Mr. Johnson's defense counsel, Mr. Johnson is to discuss with Mr. Caris and I Works counsel and FTCs counsel. The deposition needs to be completed. The Court will conduct a further telephonic status hearing if Mr. Johnson's defense counsel cannot appear with him on July 14, 2014, as stated on the record. (Copies have been distributed pursuant to the NEF - EMG)
June 25, 2014 Opinion or Order Filing 1456 REPLY to Response to #1440 MOTION Compel Defendant Jeremy Johnson to Appear for Continued Asset Deposition filed by Receiver Robb Evans. (Caris, Gary)
June 20, 2014 Opinion or Order Filing 1455 RESPONSE to #1440 MOTION Compel Defendant Jeremy Johnson to Appear for Continued Asset Deposition , filed by Defendant Jeremy D. Johnson. Replies due by 6/30/2014. (Johnson, Jeremy)
June 20, 2014 Opinion or Order Filing 1454 NOTICE of Filing of Motion for Order Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From December 1, 2013 Through April 30, 2014 by Robb Evans re #1453 MOTION Approving and Authorizing Payment of Receiver's and Professionals Fees and Expenses from December 1, 2013 Through April 30, 2014 . (Caris, Gary)
June 20, 2014 Opinion or Order Filing 1453 MOTION Approving and Authorizing Payment of Receiver's and Professionals Fees and Expenses from December 1, 2013 Through April 30, 2014 by Receiver Robb Evans. Responses due by 7/7/2014. (Attachments: #1 Declaration of Gary Owen Caris, #2 Declaration of Brick Kane, #3 Appendix 1 of 2, #4 Exhibit 2 to Appendix 1, #5 Exhibit 3 to Appendix 1, #6 Exhibit 4 to Appendix 1, #7 Exhibit 5 to Appendix 1, #8 Exhibit 6 to Appendix 1, #9 Appendix 2 of 2, #10 Exhibit 7 to Appendix 2, #11 Exhibit 8 to Appendix 2, #12 Exhibit 9 to Appendix 2, #13 Exhibit 10 to Appendix 2, #14 Exhibit 11 to Appendix 2, #15 Exhibit 12 to Appendix 2, #16 Exhibit 13 to Appendix 2, #17 Proposed Order Granting Motion for Order Approving and Authorizing Payment)(Caris, Gary)
June 19, 2014 Opinion or Order Filing 1452 Mail Returned as Undeliverable re #1444 Order on Mandate addressed to Lifestyles for Fitness, Inc.. No other address available, not re-mailed. (MMM)
June 19, 2014 Opinion or Order Filing 1451 Mail Returned as Undeliverable re 1445 Minute Order Setting Hearing on Motion addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
June 16, 2014 Opinion or Order Filing 1450 Mail Returned as Undeliverable re #1444 Order on Mandate addressed to Jason Vowell. Address not updated, did not re-mail. (AC)
June 16, 2014 Opinion or Order Filing 1449 Mail Returned as Undeliverable re 1445 Minute Order Setting Hearing addressed to Jason Vowell. Address not updated, did not re-mail. (AC)
June 11, 2014 Opinion or Order Filing 1448 Mail Returned as Undeliverable re #1439 Order addressed to Jason Vowell. Address not updated, did not re-mail. (AC)
June 11, 2014 Opinion or Order Filing 1447 Mail Returned as Undeliverable re #1439 Order addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
June 9, 2014 Opinion or Order Filing 1446 Mail Returned as Undeliverable re #1430 Order on Motion for Order of Sale addressed to Loyd Johnston. Re-mailed to: 110 N. 200 E., Kanosh, UT 84637. (AC)
June 5, 2014 Opinion or Order Filing 1445 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 6/5/2014. By Judicial Assistant: Julia Wright. RE: #1440 Receiver's MOTION Compel Defendant Jeremy Johnson to Appear for Continued Asset Deposition: Motion Hearing set for Wednesday, July 2, 2014, at 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Out-of-state counsel may appear telephonically and are instructed to call telephone number: (702) 868-4910, access code 123456, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.If more than five lines are needed, please contact Elvia Garcia, courtroom deputy, at (702) 464-5430. (Copies have been distributed pursuant to the NEF - JBW)
June 4, 2014 Opinion or Order Filing 1444 ORDER on Mandate as to #1408 USCA Memorandum and #1441 USCA Mandate AFFIRMING the judgment of the District Court re #953 Notice of Appeal and #960 Notice of Appeal. Signed by Judge Miranda M. Du on 06/04/2014. (AC)
June 3, 2014 Opinion or Order Filing 1443 Mail Returned as Undeliverable re 1436 Minutes of Proceedings addressed to Jason Vowell. Address not updated, did not re-mail. (AC)
June 3, 2014 Opinion or Order Filing 1441 MANDATE of USCA, Ninth Circuit, as to #1408 USCA Memorandum, #953 Notice of Appeal and #960 Notice of Appeal. AFFIRMED. (AC)
June 3, 2014 Opinion or Order Filing 1440 MOTION Compel Defendant Jeremy Johnson to Appear for Continued Asset Deposition by Receiver Robb Evans. Responses due by 6/20/2014. (Attachments: #1 Proposed Order Compelling Jeremy Johnson to Appear for Continued Asset Deposition)(Caris, Gary)
June 3, 2014 Opinion or Order Filing 1439 ORDER Granting #1438 Receiver's Motion to Extend Time Deadline for Receiver to File Final Report and Accounting as to Muir Corporate Defendants Under Stipulated Order for Permanent Injunction and Monetary Judgment. Signed by Judge Miranda M. Du on 06/02/2014. (Copies have been distributed pursuant to the NEF - AC)
June 2, 2014 Opinion or Order Filing 1438 MOTION to Extend Time regarding discovery/nondispositive matter (First Request) Notice of Motion and Motion to Extend Deadline for Receiver to File Final Report and Accounting as to Muir Corporate Defendants Under Stipulated Order for Permanent Injunction and Monetary Judgment by Receiver Robb Evans. Motion ripe 6/2/2014. (Attachments: #1 Declaration of Brick Kane ISO Motion to Extend Deadline, #2 Proposed Order Extending Deadline for Receiver to File Final Report and Accounting as to Muir Corporate Defendants)(Caris, Gary)
June 2, 2014 Opinion or Order Filing 1437 Mail Returned as Undeliverable re 1436 Minutes of Proceedings addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
May 23, 2014 Opinion or Order Filing 1436 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/23/2014 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Telephonic Appearance by Collot Guerard; Receiver - Gary Caris; Def Counsel: Jeremy Johnson, Pro Se; Court Reporter/FTR #: 9:31a.m. - 9:38a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to #1415 First Motion to Compel. For the reasons stated on the record, the Court denies without prejudice #1415 First Motion to Compel. (Copies have been distributed pursuant to the NEF - EMG)
May 22, 2014 Opinion or Order Filing 1435 ORDER Granting #1426 Emergency Motion Approving Settlement with Destiny Davis. Signed by Judge Miranda M. Du on 05/22/2014. (Copies have been distributed pursuant to the NEF - AC)
May 21, 2014 Opinion or Order Filing 1434 Mail Returned as Undeliverable re #1430 Order on Motion for Order of Sale addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
May 21, 2014 Opinion or Order Filing 1433 RESPONSE to #1431 Request for Judicial Notice, ; Response to Jeremy Johnson Request for Judicial Notice in Connection with Motion for Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances filed by Receiver Robb Evans. (Attachments: #1 Exhibit Exhibit 1 to Response to Jeremy Johnson Request for Judicial Notice)(Caris, Gary)
May 16, 2014 Opinion or Order Filing 1432 Mail Returned as Undeliverable re 1417 Minute Order addressed to Loyd Johnston. Address updated and re-mailed to: 110 N. 200 E., Kanosh, UT 84637. (AC)
May 15, 2014 Opinion or Order Filing 1431 REQUEST for Judicial Notice re #1395 MOTION For Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances ; by Defendant Jeremy D. Johnson (Attachments: #1 Exhibit 1)(Johnson, Jeremy)
May 13, 2014 Opinion or Order Filing 1430 ORDER Granting #1391 Receiver's Motion for Order of Sale. Signed by Judge Miranda M. Du on 05/13/2014. (Copies have been distributed pursuant to the NEF - AC)
May 12, 2014 Opinion or Order Filing 1429 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/12/2014. By Judicial Assistant: Kathy Ryd. It is ordered that any response to the Emergency Motion for Order Approving Settlement Agreement with Destiny Davis and for Limited Notice Under Local Rule 66-5 if Applicable (dkt. no. 1426) be filed by May 19, 2014, and reply be filed by May 22, 2014. The deadlines that may be automatically generated by CM/ECF will not apply.(no image attached) (Copies have been distributed pursuant to the NEF - KER)
May 8, 2014 Opinion or Order Filing 1428 RESPONSE to #1415 First MOTION to Compel filed by Receiver Robb Evans. Replies due by 5/18/2014. (Attachments: #1 Exhibit 1)(Caris, Gary)
May 6, 2014 Opinion or Order Filing 1427 NOTICE re: #1426 MOTION for Order Approving Settlement Agreement; filed by Robb Evans. (Caris, Gary)
May 6, 2014 Opinion or Order Filing 1426 MOTION for Order Approving Settlement Agreement filed by Receiver Robb Evans. Responses due by 5/23/2014. (Attachments: #1 Declaration of Gary O. Caris, #2 Proposed Order)(Caris, Gary)
May 6, 2014 Opinion or Order Filing 1425 Mail Returned as Undeliverable re 1417 Minute Order addressed to Jason Vowell. Address not updated, did not re-mail. (AC)
May 5, 2014 Opinion or Order Filing 1424 Mail Returned as Undeliverable re 1417 Minute Order Setting Hearing on Motion addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
May 5, 2014 Opinion or Order Filing 1423 REPLY to Response to #1403 MOTION To Replace Receivers Agent James Fales filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
May 2, 2014 Opinion or Order Filing 1422 ORDER Granting #1421 Defendants' Motion to Remove Attorney from Electronic Service List. Signed by Magistrate Judge George Foley, Jr on 05/02/2014. (Copies have been distributed pursuant to the NEF - AC)
May 1, 2014 Opinion or Order Filing 1421 MOTION to remove attorney(s) from the Electronic Service List filed by Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business Loan Success, Inc., CS Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Andy Johnson, Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Motion ripe 5/1/2014. (Riley, Karl)
April 25, 2014 Opinion or Order Filing 1420 REPLY to Response to #1404 MOTION to Strike Declaration re: [1395 MOTION For Order Permitting Receiver to Take Possession filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
April 25, 2014 Opinion or Order Filing 1419 REPLY to Response to #1405 MOTION to Strike Declaration re: #1395 MOTION For Order Permitting Receiver to Take Possession filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit 1 Gary Caris Email, #2 Exhibit 2 Declaration of Melinda Barlow)(Johnson, Jeremy)
April 24, 2014 Opinion or Order Filing 1418 REQUEST for Judicial Notice re #1411 Reply to Response to Motion, ; by Defendant Jeremy D. Johnson (Attachments: #1 Exhibit 1 Signed Declaration of Scott Smith, copy of business license, insurance, and state registration)(Johnson, Jeremy)
April 22, 2014 Opinion or Order Filing 1417 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/22/2014. By Judicial Assistant: Julia Wright. RE: #1415 Defendant Johnson's MOTION to Compel: Motion Hearing set for Friday, May 23, 2014, at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.Out-of-state counsel and parties may appear telephonically and are instructed to call telephone number: (702) 868-4910, access code 123456, five (5) minutes prior to the hearing time. Please remain on the line until such time as the Court joins the call and convenes the proceedings. The use of a cell phone or speaker phone during the call is prohibited. The call must be made using a land line.If more than five lines are needed, please contact Elvia Garcia, courtroom deputy, at (702) 464-5430. (Copies have been distributed pursuant to the NEF - JBW)
April 22, 2014 Opinion or Order Filing 1416 RESPONSE to #1403 MOTION To Replace Receivers Agent James Fales , filed by Receiver Robb Evans. Replies due by 5/2/2014. (Attachments: #1 Exhibit Exhibit 1 to Receiver's Response to Motion to Replace Fales)(Caris, Gary)
April 21, 2014 Opinion or Order Filing 1415 First MOTION to Compel by Defendant Jeremy D. Johnson. Responses due by 5/8/2014. (Attachments: #1 Exhibit 1 Emails to Vall Miller, #2 Exhibit 2 Picture)(Johnson, Jeremy)
April 16, 2014 Opinion or Order Filing 1414 Mail Returned as Undeliverable re #1407 Consent Judgment addressed to Jason Vowell. Address not updated, did not re-mail. (AC)
April 16, 2014 Opinion or Order Filing 1413 Mail Returned as Undeliverable re #1407 Consent Judgment addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
April 15, 2014 Opinion or Order Filing 1412 RESPONSE to #1405 MOTION to Strike Declaration re: #1395 MOTION For Order Permitting Receiver to Take Possession, filed by Receiver Robb Evans. Receiver's Opposition to Motion to Strike Testimony of Gary Owen Caris [DE 1395-1]; Declaration of Gary Owen Caris in Support Thereof Replies due by 4/25/2014. (Attachments: #1 Exhibit Exhibit 1 to Receiver's Opposition to Motion to Strike Testimony of Caris)(Caris, Gary)
April 15, 2014 Opinion or Order Filing 1411 REPLY to Response to #1395 MOTION For Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances filed by Receiver Robb Evans. (Attachments: #1 Declaration Declaration of M. Val Miller ISO Reply to Johnson Opposition to Motion re Possession of 529 S. Woodsview)(Caris, Gary)
April 15, 2014 Opinion or Order Filing 1410 RESPONSE to #1404 MOTION to Strike Declaration re: [1395 MOTION For Order Permitting Receiver to Take Possession, filed by Receiver Robb Evans. Receiver's Opposition to Motion to Strike Testimony of James Fales [DE 1395-1] Replies due by 4/25/2014. (Caris, Gary)
April 14, 2014 Opinion or Order Filing 1409 REPLY to Response to #1395 MOTION For Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances filed by Receiver Robb Evans. (Caris, Gary)
April 8, 2014 Opinion or Order Filing 1408 MEMORANDUM of USCA, Ninth Circuit, as to #953 Notice of Appeal filed by Orange Cat Investments, LLC, Zibby, LLC, Sharla Johnson and Zibby Flight Service, LLC and #960 Notice of Appeal filed by Anthon Holdings Corp., Network Agenda, LLC, Duane Fielding, SLI, LLC, Iprerogative, LLC, Trigger, LLC and Rotortrends, LLC. AFFIRMED. (AC)
April 7, 2014 Opinion or Order Filing 1407 CONSENT JUDGMENT and Stipulated Final Order for Permanent Injunction in favor of Plaintiff Federal Trade Commission and against Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business Loan Success, Inc., CS Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Mist Marketing, Inc., Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc. and Scott Muir. Signed by Judge Miranda M. Du on 04/05/2014. (Copies have been distributed pursuant to the NEF - AC)
April 5, 2014 Opinion or Order Filing 1406 RESPONSE to #1395 MOTION For Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances , filed by Defendant Jeremy D. Johnson. Replies due by 4/15/2014. (Attachments: #1 Exhibit A: Letters, #2 Exhibit B: Landtrends Invoice, #3 Exhibit C: Gary Caris Email Exchange, #4 Exhibit D:Email to Judge Warner, #5 Exhibit E: Sharla Gag-Order, #6 Exhibit F: Sharla Email to Clerk, #7 Exhibit G: Declaration of Scott Smith)(Johnson, Jeremy)
April 5, 2014 Opinion or Order Filing 1405 MOTION to Strike Declaration re: #1395 MOTION For Order Permitting Receiver to Take Possession; filed by Defendant Jeremy D. Johnson. Responses due by 4/22/2014. (Johnson, Jeremy)
April 5, 2014 Opinion or Order Filing 1404 MOTION to Strike Declaration re: #1395 MOTION For Order Permitting Receiver to Take Possession; filed by Defendant Jeremy D. Johnson. Responses due by 4/22/2014. (Johnson, Jeremy)
April 5, 2014 Opinion or Order Filing 1403 MOTION To Replace Receivers Agent James Fales by Defendant Jeremy D. Johnson. Responses due by 4/22/2014. (Attachments: #1 Exhibit A: Declaration of Paul Ford, #2 Exhibit B: Letter to towing company, #3 Exhibit C: Qualified Agent list)(Johnson, Jeremy)
April 4, 2014 Opinion or Order Filing 1402 RESPONSE to #1395 MOTION For Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances , filed by Defendants Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Orange Cat Investments, LLC, Zibby Flight Service, LLC, Zibby, LLC. Replies due by 4/14/2014. (Porter, Karra)
April 3, 2014 Opinion or Order Filing 1401 RESPONSE to #1393 Objection to Document,,,, ; filed by Plaintiff Federal Trade Commission. (Kopec, Janice)
April 1, 2014 Opinion or Order Filing 1400 CERTIFICATE OF SERVICE for #1399 Stipulated/Consent Judgment by Plaintiff Federal Trade Commission. (Brooke, Joseph)
March 31, 2014 Opinion or Order Filing 1399 AMENDED STIPULATED/CONSENT JUDGMENT filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit)(Brooke, Joseph)
March 31, 2014 Opinion or Order Filing 1398 NON-OPPOSITION to #1395 MOTION For Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances ; filed by Intervenor Federal Deposit Insurance Corporation - R. (Attachments: #1 Exhibit Credit Agreement and Disclosure, #2 Exhibit Revolving Credit Deed of Trust)(Taylor, Sam)
March 25, 2014 Opinion or Order Filing 1397 NOTICE re #1189 MOTION for Order of Sale; filed by Robb Evans (Hawes, Lesley)
March 24, 2014 Opinion or Order Filing 1396 SECOND MOTION for Sale of 5 South 500 West #1105, Salt Lake City, Utah and Relief From Local Rule 66-5 re #1382 MOTION For Order; filed by Receiver Robb Evans. Responses due by 4/10/2014. (Attachments: #1 Exhibit 1 Notice of Amendment; Declaration of M. Val Miller in Support Thereof, #2 Proposed Order)(Caris, Gary)
March 19, 2014 Opinion or Order Filing 1395 MOTION For Order Permitting Receiver to Take Possession, Custody and Control of 529 S. Woodsview Circle, St. George, Utah Based on Changed Circumstances by Receiver Robb Evans. Responses due by 4/5/2014. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit 1 and 2 to Caris Declaration, #3 Exhibit 3 to Caris Declaration, #4 Exhibit 4, 5 and 6 to Caris Declaration, #5 Declaration of James Fales, #6 Declaration of Julie Hullinger, #7 Proposed Order, #8 Certificate of Service)(Caris, Gary)
March 19, 2014 Opinion or Order Filing 1394 STIPULATED/CONSENT JUDGMENT filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kopec, Janice)
March 18, 2014 Opinion or Order Filing 1393 OBJECTION to #1387 Reply to Response to Motion, #1386 Reply to Response to Motion; filed by Defendants Anthon Holdings Corp., Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Elite Debit, Inc., Duane Fielding, Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Zibby Flight Service, LLC, Zibby, LLC, eCom Success, Inc.. (Attachments: #1 Exhibit A - Email Exchange)(Porter, Karra)
March 13, 2014 Opinion or Order Filing 1392 NOTICE re #1391 MOTION for Order of Sale; filed by Robb Evans. (Caris, Gary)
March 13, 2014 Opinion or Order Filing 1391 MOTION for Order of Sale filed by Receiver Robb Evans. Motion ripe 3/13/2014. (Attachments: #1 Declaration of M. Val Miller, #2 Exhibit to Declaration of M. Val Miller, #3 Proposed Order)(Caris, Gary)
March 10, 2014 Opinion or Order Filing 1390 Mail Returned as Undeliverable re #1379 Order addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
March 4, 2014 Opinion or Order Filing 1389 NOTICE re #1387 Reply to Response to Motion; filed by Federal Trade Commission (Attachments: #1 Exhibit Ex 1766 - Declaration of Reeve Tyndall, #2 Exhibit Ex 1767 - Grants.gov Screenshots, #3 Exhibit Ex 1768 - 529 W Woods View Property Records, #4 Exhibit Ex 1769 -David Bauer Supplemental Expert Report, #5 Exhibit Ex 1770 - Index of Productions, #6 Exhibit Ex 1771 - Press Releases, #7 Exhibit Ex 1772 - CIDs and Certificates_Redacted, #8 Exhibit Ex 1773 - Declaration of Nathan Good, #9 Exhibit EX 1774 - IWorks Marketing Agreement with VO Media, #10 Exhibit EX 1775 - Cathexis CID and Response)(Guerard, Collot)
March 4, 2014 Opinion or Order Filing 1388 EXHIBIT(s) to #1387 Reply to Response to Motion ; filed by Plaintiff Federal Trade Commission. (Guerard, Collot)
March 4, 2014 Opinion or Order Filing 1387 REPLY to Response to #1235 MOTION for Summary Judgment filed by Plaintiff Federal Trade Commission. (Guerard, Collot)
March 4, 2014 Opinion or Order Filing 1386 REPLY to Response to #1278 MOTION for Summary Judgment filed by Plaintiff Federal Trade Commission. (Brooke, Joseph)
March 4, 2014 Opinion or Order Filing 1385 RESPONSE to #1342 Objection to Document,, ; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit, #2 Exhibit)(Kopec, Janice)
March 4, 2014 Opinion or Order Filing 1384 REPLY to Response to #1284 MOTION for Partial Summary Judgment filed by Defendants Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Orange Cat Investments, LLC, Zibby Flight Service, LLC, Zibby, LLC. (Porter, Karra)
March 4, 2014 Opinion or Order Filing 1383 NOTICE re #1382 MOTION For Order; filed by Receiver Robb Evans. (Caris, Gary)
March 4, 2014 Opinion or Order Filing 1382 MOTION For Order Confirming Sale of 5 South 500 West #1105, Salt Lake City, Utah and Relief from Local Rule 66-5 Pertaining to Notice to Creditors; filed by Receiver Robb Evans. Responses due by 3/21/2014. (Attachments: #1 Declaration of M. Val Miller, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order)(Caris, Gary)
February 28, 2014 Opinion or Order Filing 1381 ORDER granting #1380 Plaintiff's Motion for Leave to File Excess Pages. Signed by Judge Miranda M. Du on 2/28/2014. (Copies have been distributed pursuant to the NEF - PAV)
February 27, 2014 Opinion or Order Filing 1380 MOTION for Leave to File Excess Pages by Plaintiff Federal Trade Commission. Motion ripe 2/27/2014. (Attachments: #1 Proposed Order)(Guerard, Collot)
February 27, 2014 Opinion or Order Filing 1379 ORDER Granting #1367 Receiver's Emergency Motion For Order: (1) Approving and Confirming Sale of 2988 Kings Court Lane, Washington, Utah and Sale and Overbid Procedures and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 02/27/2014. (Copies have been distributed pursuant to the NEF - AC)
February 27, 2014 Opinion or Order Filing 1378 ORDER Granting #1367 Receiver's Motion For Order: (1) Approving and Confirming Sale of 2988 Kings Court Lane, Washington, Utah and Sale and Overbid Procedures and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. The Court will issued the proposed order submitted with the motion. Signed by Judge Miranda M. Du on 02/27/2014. (Copies have been distributed pursuant to the NEF - AC)
February 26, 2014 Opinion or Order Filing 1377 NOTICE of Filing by Robb Evans re #1376 MOTION FOR ORDER (1) Approving and authorizing payment of receivers and professionals fees and expenses from August 1, 2013 through November 30, 2013; and (2) Granting relief from Local Rule 66-5 pertaining to notice to creditors. (Caris, Gary) Modified to remove all caps on 2/26/2014. (MAJ)
February 26, 2014 Opinion or Order Filing 1376 MOTION FOR ORDER (1) Approving and authorizing payment of receivers and professionals fees and expenses from August 1, 2013 through November 30, 2013; and (2) Granting relief from Local Rule 66-5 pertaining to notice to creditors by Receiver Robb Evans. Responses due by 3/15/2014. (Attachments: #1 Declaration of Brick Kane, #2 Declaration of Gary Owen Caris, #3 Appendix 1 of 2, #4 Exhibit 2 to Appendix 1, #5 Exhibit 3 to Appendix 1, #6 Exhibit 4 to Appendix 1, #7 Exhibit 5 to Appendix 1, #8 Appendix 2 of 2, #9 Exhibit 6 to Appendix 2, #10 Exhibit 7 to Appendix 2, #11 Exhibit 8 to Appendix 2, #12 Exhibit 9 to Appendix 2, #13 Exhibit 10 to Appendix 2, #14 Exhibit 11 to Appendix 2, #15 Proposed Order)(Caris, Gary) Modified to remove all caps on 2/26/2014. (MAJ)
February 25, 2014 Opinion or Order Filing 1375 REQUEST for Judicial Notice re #1374 Reply to Response to Motion, ; by Receiver Robb Evans (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Caris, Gary)
February 25, 2014 Opinion or Order Filing 1374 REPLY to Response to #1367 Emergency MOTION For Order: (1) Approving and Confirming Sale of 2988 Kings Court Lane, Washington, Utah and Sale and Overbid Procedures and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum filed by Receiver Robb Evans. Declaration of M. Val Miller in Support Thereof (Caris, Gary)
February 22, 2014 Opinion or Order Filing 1373 RESPONSE to #1367 Emergency MOTION For Order: (1) Approving and Confirming Sale of 2988 Kings Court Lane, Washington, Utah and Sale and Overbid Procedures and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum, filed by Defendant Jeremy D. Johnson. Replies due by 3/4/2014. (Johnson, Jeremy)
February 20, 2014 Opinion or Order Filing 1372 NOTICE of Filing by Robb Evans re #1371 MOTION for Order: (1) Approving and Confirming Sale of 1749 Boulder Mountain Road, St. George, Utah and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Suppor. (Caris, Gary)
February 20, 2014 Opinion or Order Filing 1371 MOTION for Order: (1) Approving and Confirming Sale of 1749 Boulder Mountain Road, St. George, Utah and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof by Receiver Robb Evans. Responses due by 3/9/2014. (Attachments: #1 Declaration of M. Val Miller, #2 Exhibit 1 to Miller Decl., #3 Exhibit 2 to Miller Decl., #4 Exhibit 3 to Miller Decl., #5 Proposed Order)(Caris, Gary)
February 19, 2014 Opinion or Order Filing 1370 CERTIFICATE of Interested Parties filed by Employee Plus, Inc., Scott Leavitt. There are no known interested parties other than those participating in the case . (Mumford, Marcus)
February 14, 2014 Opinion or Order Filing 1369 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 2/14/2014. By Deputy Clerk: Peggie Vannozzi. Before the Court is #1367 Emergency MOTION For Order: (1) Approving and Confirming Sale of 2988 Kings Court Lane, Washington, Utah and Sale and Overbid Procedures and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Good cause exists to expedite the briefing schedule. IT IS ORDERED: Responses are due by 2/21/2014. Replies are due by 2/25/2014. The parties are to comply with this expedited briefing schedule and disregard any deadlines automatically generated by CM/ECF. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
February 13, 2014 Opinion or Order Filing 1368 NOTICE of Filing by Robb Evans re #1367 Emergency MOTION For Order: (1) Approving and Confirming Sale of 2988 Kings Court Lane, Washington, Utah and Sale and Overbid Procedures and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum. (Caris, Gary)
February 13, 2014 Opinion or Order Filing 1367 Emergency MOTION For Order: (1) Approving and Confirming Sale of 2988 Kings Court Lane, Washington, Utah and Sale and Overbid Procedures and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof by Receiver Robb Evans. Responses due by 3/2/2014. (Attachments: #1 Declaration of M. Val Miller, #2 Exhibit 1 to Miller Decl., #3 Exhibit 2 to Miller Decl., #4 Exhibit 3 to Miller Decl., #5 Declaration of Gary Owen Caris, #6 Proposed Order)(Caris, Gary)
February 11, 2014 Opinion or Order Filing 1366 Mail Returned as Undeliverable re #1362 Order on Mandate addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
February 5, 2014 Opinion or Order Filing 1365 TRANSCRIPT of Proceedings, 1116 Order on Motion, Motion Hearing,,,,,, held on 7-26-13, before Magistrate Judge George Foley, Jr. Court Reporter/Transcriber: Kathy French, 530-913-9213. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form available on our website < before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 2/26/2014. Redacted Transcript Deadline set for 3/8/2014. Release of Transcript Restriction set for 5/6/2014. (KF)
January 31, 2014 Opinion or Order Filing 1364 ORDER of USCA, Ninth Circuit, as to #953 Notice of Appeal (13-15768), and #960 Notice of Appeal (13-15778). The motion of appellants Duane Fielding, Network Agenda, LLC, Anthon Holdings Corp., Iprerogative, LLC, Rotortrends, LLC, SLI, LLC, and Trigger, LLC to submit their case on the briefs is DENIED. (MMM)
January 28, 2014 Opinion or Order Filing 1361 ORDER Granting #1355 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Marcus Mumford for Employee Plus, Inc. and Scott Leavitt and approving Attorney Randon D. Hansen as Designation of Local Counsel. Signed by Judge Miranda M. Du on 01/27/2014. Any Attorney not yet registered with the Court's CM/ECF System shall submit a Registration Form on the Court's website #www.nvd.uscourts.gov (Copies have been distributed pursuant to the NEF - AC)
January 27, 2014 Opinion or Order Filing 1363 Mail Returned as Undeliverable re #1327 Order and #1334 Order, addressed to Lifestyles for Fitness, Inc. Address not updated, did not re-mail. (Attachments: #1 Mail Returned) (SLR)
January 27, 2014 Opinion or Order Filing 1362 ORDER on Mandate as to #1356 USCA Order DISMISSING #971 Notice of Appeal. Signed by Judge Miranda M. Du on 01/27/2014. (AC)
January 27, 2014