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
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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 Opinion or Order Filing 1360 ORDER granting #1354 Motion to Extend Time re #1235 MOTION for Summary Judgment . Good cause appearing, Scott Leavitt's Pro Se Motion to Extend Time re: dkt. no. #1235 Motion for Summary Judgment is granted. Responses due by 1/24/2014. Signed by Judge Miranda M. Du on 1/27/2014. (Copies have been distributed pursuant to the NEF - PAV)
January 27, 2014 Opinion or Order Filing 1359 DECLARATION of Marcus R. Mumford re #1358 Response to Motion ; by Defendants Employee Plus, Inc., Scott Leavitt. (Attachments: #1 Exhibit 1 - Transcript of 9-6-13 Deposition of Scott Leavitt, #2 Exhibit 2 - Transcript of 2-1-11 Deposition of Scott Leavitt, #3 Exhibit 3 - Declaration of Scott Leavitt, #4 Exhibit 3A - EP DOI License, #5 Exhibit 3B - EP Leasing Agrmt, #6 Exhibit 3C - State EP Registration, #7 Exhibit 3D - Census Form, #8 Exhibit 3E - Raven Agrmt, #9 Exhibit 3F - Grant Search Form, #10 Exhibit 4 - Johnson Declaration)(Hansen, Randon)
January 27, 2014 Opinion or Order Filing 1358 RESPONSE to #1235 MOTION for Summary Judgment , #1278 MOTION for Summary Judgment, filed by Defendants Employee Plus, Inc., Scott Leavitt. Replies due by 2/13/2014. (Hansen, Randon)
January 24, 2014 Opinion or Order Filing 1355 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Marcus R. Mumford and DESIGNATION of Local Counsel Randon D. Hansen (Filing fee $ 200 receipt number 0978-3109456) filed by Defendants Employee Plus, Inc., Scott Leavitt . Motion ripe 1/24/2014. (Attachments: #1 Exhibit Certificate of Good Standing-Utah)(Hansen, Randon)
January 24, 2014 Opinion or Order Filing 1354 MOTION to Extend Time to File Opposition to #1278 Motion for Summary Judgment and #1235 Motion for Summary Judgment filed by Defendants Employee Plus, Inc. and Scott Leavitt. Motion ripe 1/24/2014. (AC)
January 24, 2014 Opinion or Order Filing 1353 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 1/24/2014 by Deputy Clerk: Ari Caytuero. A document requesting a Court order must be styled as a motion, not a letter (see F.R.C.P. 7). Letters to a judge will be disregarded. (Attachments: #1 Letter) (Copies have been distributed pursuant to the NEF - AC)
January 21, 2014 Opinion or Order Filing 1356 ORDER of USCA, Ninth Circuit, as to #971 Notice of Appeal,. The parties stipulation to voluntary dismissal of this appeal with prejudice is granted. This case is dismissed pursuant to Federal Rule of Appellate Procedure 42(b). A copy of this order sent to the district court shall act as and for the mandate of this court. (SLR)
January 21, 2014 Opinion or Order Filing 1352 RESPONSE to #1235 MOTION for Summary Judgment , filed by Defendant Ryan Riddle. Replies due by 2/7/2014. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16)(Johnson, Jeremy)
January 21, 2014 Opinion or Order Filing 1351 RESPONSE to #1235 MOTION for Summary Judgment , filed by Defendant Jeremy D. Johnson. Replies due by 2/7/2014. (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, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11)(Johnson, Jeremy)
January 21, 2014 Opinion or Order Filing 1350 JOINDER to #1343 Response to Motion,, ; filed by Defendants Duane Fielding, 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)
January 21, 2014 Opinion or Order Filing 1349 JOINDER to #1344 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., 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., Network Agenda, 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., eCom Success, Inc.. (Porter, Karra)
January 21, 2014 Opinion or Order Filing 1348 JOINDER to #1346 and #1347 RESPONSE to #1235 and #1278 MOTION for Summary Judgment, filed by Defendant Jet Processing Inc.. Replies due by 2/7/2014. (Boyack, Edward)
January 21, 2014 Opinion or Order Filing 1347 RESPONSE to #1235 and #1278 Plaintiff's Motion for Summary Judgment filed by Defendant Andy Johnson. Replies due by 2/7/2014. (AC)
January 21, 2014 Opinion or Order Filing 1346 RESPONSE to #1235 and #1278 Plaintiff's Motion for Summary Judgment filed by Defendant Loyd Johnston. Replies due by 2/7/2014. (AC)
January 20, 2014 Opinion or Order Filing 1345 Amended MOTION to Seal #1338 Notice (Other),,,,,,, #1337 Notice (Other),,, #1343 Response to Motion,, 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 1/20/2014. (Attachments: #1 Proposed Order)(Porter, Karra)
January 19, 2014 Opinion or Order Filing 1344 RESPONSE to #1278 MOTION for Summary Judgment, filed by Defendants Anthon Holdings Corp., Duane Fielding, Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Network Agenda, LLC, Orange Cat Investments, LLC, Zibby Flight Service, LLC, Zibby, LLC. Replies due by 2/5/2014. (Attachments: #1 Exhibit 1 - Anthon Holdings Response to FTC Interrogatories, #2 Exhibit 2 - Declaration of Duane Fielding, #3 Exhibit 3 - Declaration of Kerry Johnson, #4 Exhibit 4 - Declaration of Sharla Johnson, #5 Exhibit 5 - Declaration of Scott Leavitt)(Porter, Karra)
January 19, 2014 Opinion or Order Filing 1343 RESPONSE to #1235 MOTION for Summary Judgment , filed 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.. Replies due by 2/5/2014. (Porter, Karra)
January 19, 2014 Opinion or Order Filing 1342 OBJECTION to #1280 Memorandum ; to 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., Funding Success, Inc., Hooper Processing, Inc., I Works, Inc., Internet Economy, Inc., Internet Fitness, Inc., Market Funding Solutions, Inc., Monroe Processing, Inc., Net Commerce, Inc., Network Agenda, LLC, Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Success Marketing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., eCom Success, Inc.. (Porter, Karra)
January 19, 2014 Opinion or Order Filing 1341 NOTICE of Corrected Image/Document re #1338 Notice (Other),,,,,,, 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., 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., Network Agenda, 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., eCom Success, Inc.. (Service of corrected image is attached). (Porter, Karra)
January 19, 2014 Opinion or Order Filing 1340 NOTICE of Filing of Exhibit List by 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., 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., Network Agenda, 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., eCom Success, Inc.. (Attachments: #1 Exhibit List of Exhibits)(Porter, Karra)
January 19, 2014 Opinion or Order Filing 1339 NOTICE of Filing of Exhibits 1800-1840 by 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., 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., Network Agenda, 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., eCom Success, Inc.. (Attachments: #1 Exhibit 1800 - Menjivar, Roberto, #2 Exhibit 1801 - Jacobson, Samuel, #3 Exhibit 1802 - Melton, John, #4 Exhibit 1803 - Porter, Dr. John, #5 Exhibit 1804 - Blohm, Susan redacted, #6 Exhibit 1805 - Cienfuegos, Frank Fritz Redacted, #7 Exhibit 1806 - Redd, Beatriz Redacted, #8 Exhibit Merrell, Matthew Redacted, #9 Exhibit 1808 - Browning Report, #10 Exhibit 1809 - Mettler, Rhonda, #11 Exhibit 1810 - Kizzie, Matthew Redacted, #12 Exhibit 1811 - IW-14-00008 - Spreadsheet, #13 Exhibit 1812 - Browning Rebuttal Report, #14 Exhibit 1813 - Holdaway report, #15 Exhibit 1814 - Holdaway, Steven, #16 Exhibit 1815 - Good Report, #17 Exhibit 1816 - Bloom Report, #18 Exhibit 1817 - Bloom, Jeffrey, #19 Exhibit 1818 - dotcomdisclosures, #20 Exhibit 1819 - Good, Nathaniel, #21 Exhibit 1820 - Easterwood, Kathryn Redacted, #22 Exhibit 1821 - Ellis, Adrienne, #23 Exhibit 1822 - IW-P-0013112, #24 Exhibit 1823 - Martin Declaration, #25 Exhibit 1824 - Stanley Declaration, #26 Exhibit Exh. 1825 - Kent, Peter, #27 Exhibit 1826 - Reput Hawk Fit Factor IW-P-0008219, #28 Exhibit 1827 - FTC Ans to ROG 5, #29 Exhibit 1828 - Kent Report, #30 Exhibit 1829 - PVI, Cathexis & Virgin Offer addenda, #31 Exhibit 1830 - 3-26-09 email from Partridge to Lund, #32 Exhibit 1831 - Bryce Payne Declaration, #33 Exhibit 1832 - Friendly Fraud CJ-IWORKS751-2, #34 Exhibit 1835 - Graph of processing companies, #35 Exhibit 1836 - Negative Option CJ-IWORK724-46, #36 Exhibit 1837 - 1st Corrected Jacobson Declaration, #37 Exhibit 1838 - FTC-IWORKS-16169-16172, #38 Exhibit 1839 - w3counter.com, #39 Exhibit 1840 - Browning, Beverly)(Porter, Karra)
January 19, 2014 Opinion or Order Filing 1338 NOTICE of Filing of Exhibits 926-1421 by 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.. (Attachments: #1 Exhibit 926, #2 Exhibit 974, #3 Exhibit 1084, #4 Exhibit 1085, #5 Exhibit 1086, #6 Exhibit 1087, #7 Exhibit 1088, #8 Exhibit 1089, #9 Exhibit 1090, #10 Exhibit 1091, #11 Exhibit 1092, #12 Exhibit 1093, #13 Exhibit 1094, #14 Exhibit 1095, #15 Exhibit 1096, #16 Exhibit 1097, #17 Exhibit 1200, #18 Exhibit 1203, #19 Exhibit 1204, #20 Exhibit 1205, #21 Exhibit 1206, #22 Exhibit 1207, #23 Exhibit 1208, #24 Exhibit 1209, #25 Exhibit 1210, #26 Exhibit 1211, #27 Exhibit 1213, #28 Exhibit 1214, #29 Exhibit 1215, #30 Exhibit 1216, #31 Exhibit 1217, #32 Exhibit 1218, #33 Exhibit 1219, #34 Exhibit 1220, #35 Exhibit 1221, #36 Exhibit 1222, #37 Exhibit 1223, #38 Exhibit 1224, #39 Exhibit 1225, #40 Exhibit 1226, #41 Exhibit 1227, #42 Exhibit 1228, #43 Exhibit 1229, #44 Exhibit 1230, #45 Exhibit 1231, #46 Exhibit 1232, #47 Exhibit 1233, #48 Exhibit 1234, #49 Exhibit 1235, #50 Exhibit 1236, #51 Exhibit 1237, #52 Exhibit 1238, #53 Exhibit 1239, #54 Exhibit 1240, #55 Exhibit 1241, #56 Exhibit 1242, #57 Exhibit 1243, #58 Exhibit 1289, #59 Exhibit 1302, #60 Exhibit 1332, #61 Exhibit 1421)(Porter, Karra) Corrected Image #1341 filed on 1/19/14. (ASB)
January 19, 2014 Opinion or Order Filing 1337 NOTICE of In Camera Submission of Sealed Exhibits by 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. re #1336 MOTION to Seal Exhibits. (Porter, Karra)
January 19, 2014 Opinion or Order Filing 1336 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 1/19/2014. (Attachments: #1 Proposed Order)(Porter, Karra)
January 19, 2014 Opinion or Order Filing 1335 RESPONSE to #1284 MOTION for Partial Summary Judgment , filed by Plaintiff Federal Trade Commission. In Opposition to MOTION for Partial Summary Judgment Replies due by 2/5/2014. (Attachments: #1 Declaration Tyndall Declaration 1-19-14)(Brooke, Joseph)
January 16, 2014 Opinion or Order Filing 1334 ORDER Granting #1333 Joint Motion to Extend Time to File Response #1235 and #1278 Plaintiff's Motions for Summary Judgment. Responses deadline extended for 60 days. Signed by Judge Miranda M. Du on 01/16/2014. (Copies have been distributed pursuant to the NEF - AC)
January 15, 2014 Opinion or Order Filing 1333 Joint MOTION to Extend Time regarding dispositive matter (Second Request) extending by 60 days the deadline for the Muir defendants to respond to the FTCs Summary Judgment Motions by Plaintiff Federal Trade Commission. Motion ripe 1/15/2014. (Brooke, Joseph)
January 14, 2014 Opinion or Order Filing 1332 ORDER that a document requesting a Court Order must be styled as a motion, not a letter re: #1328 Letter. Letter to a Judge will be disregarded. Signed by Judge Miranda M. Du on 01/14/2014. (Copies have been distributed pursuant to the NEF - AC)
January 14, 2014 Opinion or Order Filing 1331 ORDER granting #1330 Motion for Leave to File Excess Pages. The Court has reviewed Defendants' Motion for Leave to File Excess Pages (dkt. no. #1330 ). Good cause appearing, the Motion is granted. The Defendants and Relief Defendants, as those terms are defined in the Motion, are permitted to file two separate memoranda in opposition to Plaintiff Federal Trade Commission's motions for summary judgment (dkt. nos. #1235 , #1278 ). The memoranda may exceed the page limit set out in LR 7-4 but may not exceed 70 pages each. The parties should strive to be succinct and brief. Signed by Judge Miranda M. Du on 1/14/2014. (Copies have been distributed pursuant to the NEF - PAV)
January 13, 2014 Opinion or Order Filing 1330 MOTION for Leave to File Excess Pages 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 1/13/2014. (Attachments: #1 Exhibit A - Order granting FTC's Excess Pages, #2 Proposed Order)(Porter, Karra)
January 13, 2014 Opinion or Order Filing 1329 RESPONSE to #1328 Letter ; From Jason Jason Vowell to the Court filed by Receiver Robb Evans. (Caris, Gary)
January 9, 2014 Opinion or Order Filing 1328 LETTER from Jason Vowell to District Judge Miranda M. Du. (AC)
January 8, 2014 Opinion or Order Filing 1327 ORDER Granting #1313 Receiver's Motion for Order: (1) Approving and Confirming Sale of Mt. Carmel Lots 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 01/08/2014. (Copies have been distributed pursuant to the NEF - AC)
January 8, 2014 Opinion or Order Filing 1326 Mail Returned as Undeliverable re #1322 Order on Motion addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
January 7, 2014 Opinion or Order Filing 1324 NOTICE of Appearance by attorney Phillip E. Lowry on behalf of Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. (Lowry, Phillip)
January 7, 2014 Opinion or Order Filing 1323 NOTICE of Lodgment of [Proposed] Order by Robb Evans re #1313 MOTION For Order: (1) Approving and Confirming Sale of Mt. Carmel Lots 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 . (Attachments: #1 Proposed Order)(Caris, Gary)
January 6, 2014 Opinion or Order Filing 1325 Mail Returned as Undeliverable re #1317 Order on Motion to Withdraw as Attorney addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
January 2, 2014 Opinion or Order Filing 1322 ORDER Granting #1293 Receiver's Motion for Order: (1) Authorizing, Approving and Confirming Sale of 647 Arrowhead Trail, Santa Clara, 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 01/01/2014. (Copies have been distributed pursuant to the NEF - AC) Modified on 1/3/2014 (AC).
December 28, 2013 Opinion or Order Filing 1321 REPLY to Response to #1296 First MOTION for Return of Property filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
December 26, 2013 Opinion or Order Filing 1320 Mail Returned as Undeliverable re #1316 Order on Motion, addressed to Lifestyles for Fitness, Inc. Other address available, not re-mailed. (MMM)
December 26, 2013 Opinion or Order Filing 1319 Mail Returned as Undeliverable re #1303 Order on Motion, addressed to Lifestyles for Fitness, Inc. No other address available, not re-mailed. (MMM)
December 23, 2013 Opinion or Order Filing 1318 Mail Returned as Undeliverable re #1302 Order, addressed to Lifestyles for Fitness, Inc.. No other address available, not remailed. (MMM)
December 23, 2013 Opinion or Order Filing 1317 ORDER that #1287 Motion to Withdraw as Counsel for Andy Johnson is GRANTED. The Clerk shall add the last know address of Andy Johnson to the docket sheet. FURTHER ORDERED that #1299 Motion to Withdraw as Attorney for Defendant Duane Fielding, Anthony Holdings Corp., and Network Agenda, LLC is GRANTED. The Clerk shall add the last know addresses for Duane Fielding, Anthony Holdings Corp., and Network Agenda, LLC to the docket sheet. Anthony Holdings and Network Agenda shall have 14 days from the date of this Order to retain new counsel. Signed by Magistrate Judge George Foley, Jr on 12/23/13. (Copies have been distributed pursuant to the NEF - MMM)
December 20, 2013 Opinion or Order Filing 1316 ORDER Granting #1310 Motion for Approval of Stipulation and Request for Entry of Order Regarding SunFirst Bank. Signed by Judge Miranda M. Du on 12/20/13. (Copies have been distributed pursuant to the NEF - MMM)
December 20, 2013 Opinion or Order Filing 1315 ORDER ON STIPULATION Granting #1309 Stipulation and Request for Entry of Order Regarding SunFirst Bank Accounts. Signed by Judge Miranda M. Du on 12/20/13. (Copies have been distributed pursuant to the NEF - MMM)
December 19, 2013 Opinion or Order Filing 1314 NOTICE of Filing by Robb Evans re #1313 MOTION For Order: (1) Approving and Confirming Sale of Mt. Carmel Lots 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 . (Caris, Gary)
December 19, 2013 Opinion or Order Filing 1313 MOTION For Order: (1) Approving and Confirming Sale of Mt. Carmel Lots 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 1/5/2014. (Attachments: #1 Declaration of M. Val Miller, #2 Exhibit 1 to M. Val Miller Declaration, #3 Exhibit 2 to M. Val Miller Declaraton, #4 Exhibit 3 to M. Val Miller Declaration, #5 Exhibit 4 to M. Val Miller Declaration)(Caris, Gary)
December 18, 2013 Opinion or Order Filing 1312 RESPONSE to #1296 First MOTION for Return of Property , filed by Receiver Robb Evans. Opposition to Jeremy Johnson Motion for An Order Approving Release of Paradise Ranch and Other Relief Replies due by 12/28/2013. (Hawes, Lesley)
December 18, 2013 Opinion or Order Filing 1311 NOTICE of Filing by Robb Evans re #1310 MOTION For Approval of Stipulation and Request for Entry of Order Regarding SunFirst Bank Accounts re #1309 Stipulation . (Attachments: #1 Exhibit 1)(Caris, Gary)
December 18, 2013 Opinion or Order Filing 1310 MOTION For Approval of Stipulation and Request for Entry of Order Regarding SunFirst Bank Accounts re #1309 Stipulation by Receiver Robb Evans. Responses due by 1/4/2014. (Attachments: #1 Declaration of Brick Kane, #2 Exhibit 1 to Brick Kane Declaration, #3 Proposed Order)(Caris, Gary)
December 18, 2013 Opinion or Order Filing 1309 STIPULATION And Request for Entry of Order Regarding SunFirst Bank Accounts; And Order Thereon by Receiver Robb Evans. (Caris, Gary)
December 12, 2013 Opinion or Order Filing 1308 NOTICE of Change of Attorney on behalf of 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.. re D. Neal Tomlinson, Esq. (Riley, Karl)
December 12, 2013 Opinion or Order Filing 1307 NOTICE of Change of Attorney on behalf of Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business Loan Success, Inc., CS Processing, Inc., Duane Fielding, GGL Rewards, Inc., Highlight Marketing, Inc., Andy Johnson, Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. re Jennifer Hargis, Esq. (Riley, Karl)
December 11, 2013 Opinion or Order Filing 1306 Mail Returned as Undeliverable re #1233 Order on Motion to Withdraw as Attorney, addressed to Lifestyles For Fitness, Inc.. No other address available, not re-mailed. (MMM)
December 11, 2013 Opinion or Order Filing 1305 Mail Returned as Undeliverable re #1282 Order on Motion, addressed to Lifestyles For Fitness, Inc.. No other address available, not re-mailed. (MMM)
December 11, 2013 Opinion or Order Filing 1304 Mail Returned as Undeliverable re #1234 Order, addressed to Lifestyles For Fitness, Inc.. No other address available, not re-mailed. (MMM)
December 11, 2013 Opinion or Order Filing 1303 ORDER Granting #1231 Motion for Order (1) Approving Settlements with Todd Vowell Parties and Virgin Properties Group; (2) Authorizing Receiver to Market and List for Sale Boulder Mountain Property and Water Right No. 81-3467; And (3) For Limited Notice Under Local Rule 66-5 If Applicable; Memorandum of Points and Authorities In Support Thereof. Signed by Judge Miranda M. Du on 12/11/13. (Copies have been distributed pursuant to the NEF - MMM)
December 10, 2013 Opinion or Order Filing 1302 ORDER that #1285 Motion to Strike is Denied. FURTHER ORDERED that #1289 Emergency Motion is Granted in part and Denied in part. The deadline for dispositive motions is extended to 11/29/13. FURTHER ORDERED that #1295 Motion to Extend Time is Granted. A briefing schedule is set consistent with this Order. FURTHER ORDERED that #1298 Motion for Joinder is Granted. Signed by Judge Miranda M. Du on 12/10/13. (Copies have been distributed pursuant to the NEF - MMM)
December 9, 2013 Opinion or Order Filing 1301 RESPONSE to #1295 Emergency MOTION to Extend Time regarding dispositive matter (First Request) re Federal Trade Commission's Motions for Summary Judgment, filed by Plaintiff Federal Trade Commission. Replies due by 12/19/2013. (Kopec, Janice)
December 8, 2013 Opinion or Order Filing 1300 REPLY to Response to #1289 MOTION to Clarify Dispositive Motion Deadline re #1285 MOTION to Strike #1284 MOTION for Partial Summary Judgment by Relief Defendants 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. (Attachments: #1 Exhibit 1)(Porter, Karra)
December 6, 2013 Opinion or Order Filing 1299 Emergency MOTION to Withdraw as Attorney for Fielding Defendants by D. Neal Tomlinson, Chad Fears, Brian Reeve and Karl O. Riley by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business Loan Success, Inc., CS Processing, Inc., Duane Fielding, GGL Rewards, Inc., Highlight Marketing, Inc., Andy Johnson, Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Motion ripe 12/6/2013. (Riley, Karl)
December 6, 2013 Opinion or Order Filing 1298 MOTION for Joinder re #1295 Emergency MOTION to Extend Time regarding dispositive matter (First Request) re Federal Trade Commission's Motions for Summary Judgment 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., 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.. Motion ripe 12/6/2013. (Lowry, Phillip)
December 5, 2013 Opinion or Order Filing 1297 RESPONSE to #1289 MOTION to Clarify Dispositive Motion Deadline re #1285 MOTION to Strike #1284 MOTION for Partial Summary Judgment by Relief Defendants , filed by Plaintiff Federal Trade Commission. Replies due by 12/15/2013. (Attachments: #1 July 8 email exchange regarding deadlines)(Weinman, Dotan)
December 5, 2013 Opinion or Order Filing 1296 First MOTION for Return of Property by Defendant Jeremy D. Johnson. Responses due by 12/22/2013. (Attachments: #1 Proposed Order Proposed Order)(Johnson, Jeremy)
December 5, 2013 Opinion or Order Filing 1295 Emergency MOTION to Extend Time regarding dispositive matter (First Request) re Federal Trade Commission's Motions for Summary Judgment by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business Loan Success, Inc., CS Processing, Inc., Duane Fielding, GGL Rewards, Inc., Highlight Marketing, Inc., Andy Johnson, Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Motion ripe 12/5/2013. (Riley, Karl)
December 4, 2013 Opinion or Order Filing 1294 NOTICE of Filing of Motion by Robb Evans re #1293 MOTION For Order (1) Authorizing, Approving and Confirming Sale of 647 Arrowhead Trail, Santa Clara, Utah and Sale and Overbid Procedures and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorand. (Caris, Gary)
December 4, 2013 Opinion or Order Filing 1293 MOTION For Order (1) Authorizing, Approving and Confirming Sale of 647 Arrowhead Trail, Santa Clara, 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; Declaration of M. Val Miller In Support Thereof by Receiver Robb Evans. Responses due by 12/21/2013. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Caris, Gary)
December 4, 2013 Opinion or Order Filing 1292 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 12/4/2013. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED that any response to #1289 Relief Defendants' Emergency MOTION to Clarify Dispositive Motion Deadline re #1285 MOTION to Strike #1284 MOTION for Partial Summary Judgment be filed by 12/5/2013. Any Replies are due by 12/6/2013.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
December 4, 2013 Opinion or Order Filing 1291 REPLY to Response to #1285 MOTION to Strike #1284 MOTION for Partial Summary Judgment by Relief Defendants filed by Plaintiff Federal Trade Commission. (Kopec, Janice)
December 3, 2013 Opinion or Order Filing 1290 RESPONSE to #1285 MOTION to Strike #1284 MOTION for Partial Summary Judgment by Relief Defendants, filed by Defendants Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Orange Cat Investments, LLC, Zibby Flight Service, LLC,and Zibby, LLC. Replies due by 12/13/2013. (ASB)
December 3, 2013 Opinion or Order Filing 1289 MOTION to Clarify Dispositive Motion Deadline re #1285 MOTION to Strike #1284 MOTION for Partial Summary Judgment by Relief Defendants 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. Responses due by 12/20/2013. (Attachments: #1 Exhibit 1 - FTC Expert Disclosures, #2 Exhibit 2 - Defendants' Expert Disclosures, #3 Exhibit 3 - Declaration of Karra Porter, #4 Exhibit 3A - 07/08/2013 Email Exchanges, #5 Exhibit 3B - 12/02/2013 Email Exchange, #6 Exhibit 4 - Declaration of Sarah Spencer, #7 Exhibit 4A - 11/27/2013 Email Exchange)(Porter, Karra)
December 3, 2013 Opinion or Order NOTICE of Docket Correction to #1289 MOTION for Clarification. ERROR: Documents should have been filed as separate entries by attorney, Karra Porter. 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 response contained within document #1289 as #1290 Response to Motion. (no image attached)(ASB)
December 2, 2013 Opinion or Order Filing 1288 NOTICE of Filing of Updated Master Exhibit List -- With Docket Entry Numbers by Federal Trade Commission. (Attachments: #1 Exhibit Updated Master Exhibit List -- With Docket Entry Numbers)(Guerard, Collot)
December 2, 2013 Opinion or Order Filing 1287 Emergency MOTION to Withdraw as Attorney for Andy Johnson by D. Neal Tomlinson; Chad Fears, Brian Reeve; Karl O. Riley by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business Loan Success, Inc., CS Processing, Inc., Duane Fielding, GGL Rewards, Inc., Highlight Marketing, Inc., Andy Johnson, Scott Muir, Net Discounts, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Motion ripe 12/2/2013. (Fears, Chad)
December 2, 2013 Opinion or Order Filing 1286 NOTICE of Filing of Two Deposition Exhibits Inadvertently Not Filed on November 26, 2013 by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1264 Declaration of Christopher Cox, #2 Exhibit Ex 1269 EM re conversion)(Guerard, Collot)
December 2, 2013 Opinion or Order Filing 1285 MOTION to Strike #1284 MOTION for Partial Summary Judgment by Relief Defendants by Plaintiff Federal Trade Commission. Responses due by 12/19/2013. (Attachments: #1 Exhibit Attachment A)(Guerard, Collot)
November 29, 2013 Opinion or Order Filing 1284 MOTION for Partial Summary Judgment 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. Responses due by 12/16/2013. (Attachments: #1 Exhibit 1 - Declaration of Kerry Johnson, #2 Exhibit 2 - Declaration of Barbara Johnson, #3 Exhibit 3 - Declaration of Sharla Johnson, #4 Exhibit 4 - Declaration of Scott Leavitt)(Porter, Karra)
November 27, 2013 Opinion or Order Filing 1283 MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #1278 MOTION for Summary Judgment : Opposition due twenty-one (21) days from the date of this Minute Order, and reply due fourteen (14) days after the filing of the opposition. Signed by Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - MAJ)
November 27, 2013 Opinion or Order Filing 1282 ORDER Granting #1169 Motion (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From January 1, 2013 through July 31, 2013; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 11/26/13. (Copies have been distributed pursuant to the NEF - MMM)
November 26, 2013 Opinion or Order Filing 1281 NOTICE of Filing of Attachment to Deposition Exhibit by Federal Trade Commission. (Attachments: #1 Exhibit Ex 975 Part 1, #2 Exhibit Ex 975 Part 2, #3 Exhibit Ex 975 Part 3, #4 Exhibit Ex 975 Part 4, #5 Exhibit Ex 975 Part 5)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1280 MEMORANDUM filed by Plaintiff Federal Trade Commission re #1235 MOTION for Summary Judgment . Against the 61 Corporate Defendants (Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1279 MEMORANDUM In Support of Motion for Summary Judgment Against Individual & Relief Defendants filed by Plaintiff Federal Trade Commission RE #1278 MOTION for Summary Judgment re the Individual and Relief Defendants. (Attachments: #1 Supplement Proposed Findings & Conclusions)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1278 MOTION for Summary Judgment filed by Plaintiff Federal Trade Commission. Responses due by 12/20/2013. (Attachments: #1 Proposed Order)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1277 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR172, #2 Exhibit GR173, #3 Exhibit GR174, #4 Exhibit GR175, #5 Exhibit GR176, #6 Exhibit GR177)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1276 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR160, #2 Exhibit GR163, #3 Exhibit GR165, #4 Exhibit GR166, #5 Exhibit GR169)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1275 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR125, #2 Exhibit GR126, #3 Exhibit GR127, #4 Exhibit GR128, #5 Exhibit GR129, #6 Exhibit GR130, #7 Exhibit GR155, #8 Exhibit GR156, #9 Exhibit GR157, #10 Exhibit GR158)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1274 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR110, #2 Exhibit GR111, #3 Exhibit GR114, #4 Exhibit GR115, #5 Exhibit GR116, #6 Exhibit GR117, #7 Exhibit GR118, #8 Exhibit GR119, #9 Exhibit GR123, #10 Exhibit GR124)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1273 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR099, #2 Exhibit GR100, #3 Exhibit GR101, #4 Exhibit GR103, #5 Exhibit GR104, #6 Exhibit GR105, #7 Exhibit GR106, #8 Exhibit GR108, #9 Exhibit GR109)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1272 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR089, #2 Exhibit GR090, #3 Exhibit GR091, #4 Exhibit GR092, #5 Exhibit GR093, #6 Exhibit GR094, #7 Exhibit GR095, #8 Exhibit GR096, #9 Exhibit GR097, #10 Exhibit GR098)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1271 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR079, #2 Exhibit GR080, #3 Exhibit GR081, #4 Exhibit GR082, #5 Exhibit GR083, #6 Exhibit GR084, #7 Exhibit GR085, #8 Exhibit GR086, #9 Exhibit GR087, #10 Exhibit GR088)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1270 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR068, #2 Exhibit GR069, #3 Exhibit GR070, #4 Exhibit GR071, #5 Exhibit GR072, #6 Exhibit GR073, #7 Exhibit GR075, #8 Exhibit GR076, #9 Exhibit GR077, #10 Exhibit GR078)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1269 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR056, #2 Exhibit GR057, #3 Exhibit GR058, #4 Exhibit GR059, #5 Exhibit GR060, #6 Exhibit GR063, #7 Exhibit GR064, #8 Exhibit GR065, #9 Exhibit GR066)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1268 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR039, #2 Exhibit GR042, #3 Exhibit GR049, #4 Exhibit GR050, #5 Exhibit GR051, #6 Exhibit GR052, #7 Exhibit GR053, #8 Exhibit GR054, #9 Exhibit GR055)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1267 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR014, #2 Exhibit GR015, #3 Exhibit GR016, #4 Exhibit GR017, #5 Exhibit GR018, #6 Exhibit GR019, #7 Exhibit GR020, #8 Exhibit GR023, #9 Exhibit GR024, #10 Exhibit GR030)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1266 NOTICE of Filing of Website Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit GR001, #2 Exhibit GR002, #3 Exhibit GR003, #4 Exhibit GR004, #5 Exhibit GR005, #6 Exhibit GR006, #7 Exhibit GR007, #8 Exhibit GR008, #9 Exhibit GR009, #10 Exhibit GR010)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1265 NOTICE of Filing of Misc. Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1758, #2 Exhibit Ex 1759, #3 Exhibit Ex 1760, #4 Exhibit Ex 1761, #5 Exhibit Ex 1762, #6 Exhibit Ex 1763, #7 Exhibit Ex 1764)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1264 NOTICE of Filing of Misc. Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1750, #2 Exhibit Ex 1751, #3 Exhibit Ex 1752, #4 Exhibit Ex 1753, #5 Exhibit Ex 1754, #6 Exhibit Ex 1755, #7 Exhibit Ex 1756, #8 Exhibit Ex 1757)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1263 NOTICE of Filing of Exhibits (Declarations) by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1725, #2 Exhibit Ex 1726, #3 Exhibit Ex 1727, #4 Exhibit Ex 1728, #5 Exhibit Ex 1729)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1262 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1426, #2 Exhibit Ex 1455, #3 Exhibit Ex 1463, #4 Exhibit Ex 1464, #5 Exhibit Ex 1468, #6 Exhibit Ex 1469, #7 Exhibit Ex 1470)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1261 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission. (Attachments: #1 Exhibit Ex 1243, #2 Exhibit Ex 1286, #3 Exhibit Ex 1298, #4 Exhibit Ex 1327, #5 Exhibit Ex 1328, #6 Exhibit Ex 1329, #7 Exhibit Ex 1342, #8 Exhibit Ex 1344, #9 Exhibit Ex 1418)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1260 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission. (Attachments: #1 Exhibit Ex 1234, #2 Exhibit Ex 1236, #3 Exhibit Ex 1237, #4 Exhibit Ex 1240, #5 Exhibit Ex 1242)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1259 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1229 Part 1, #2 Exhibit Ex 1229 Part 2, #3 Exhibit Ex 1229 Part 3, #4 Exhibit Ex 1229 Part 4)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1258 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1225, #2 Exhibit Ex 1226, #3 Exhibit Ex 1227, #4 Exhibit Ex 1228)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1257 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1063, #2 Exhibit Ex 1064, #3 Exhibit Ex 1065, #4 Exhibit Ex 1066, #5 Exhibit Ex 1069, #6 Exhibit Ex 1121, #7 Exhibit Ex 1214, #8 Exhibit Ex 1218, #9 Exhibit Ex 1220, #10 Exhibit Ex 1222)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1256 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1005, #2 Exhibit Ex 1006, #3 Exhibit Ex 1007, #4 Exhibit Ex 1010, #5 Exhibit Ex 1033, #6 Exhibit Ex 1044, #7 Exhibit Ex 1057, #8 Exhibit Ex 1060, #9 Exhibit Ex 1061, #10 Exhibit Ex 1062)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1255 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 995, #2 Exhibit Ex 996, #3 Exhibit Ex 997, #4 Exhibit Ex 998, #5 Exhibit Ex 999, #6 Exhibit Ex 1000, #7 Exhibit Ex 1001, #8 Exhibit Ex 1002, #9 Exhibit Ex 1003, #10 Exhibit Ex 1004)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1254 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 899, #2 Exhibit Ex 902, #3 Exhibit Ex 949, #4 Exhibit Ex 958, #5 Exhibit Ex 974, #6 Exhibit Ex 975, #7 Exhibit Ex 976, #8 Exhibit Ex 978, #9 Exhibit Ex 979, #10 Exhibit Ex 994)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1253 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 856, #2 Exhibit Ex 857, #3 Exhibit Ex 858, #4 Exhibit Ex 859, #5 Exhibit Ex 860, #6 Exhibit Ex 861, #7 Exhibit Ex 862, #8 Exhibit Ex 863, #9 Exhibit Ex 867)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1252 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 843, #2 Exhibit Ex 845, #3 Exhibit Ex 846, #4 Exhibit Ex 847, #5 Exhibit Ex 848, #6 Exhibit Ex 849, #7 Exhibit Ex 850, #8 Exhibit Ex 852, #9 Exhibit Ex 853, #10 Exhibit Ex 855)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1251 NOTICE Filing of Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 811, #2 Exhibit Ex 812, #3 Exhibit Ex 830, #4 Exhibit Ex 833, #5 Exhibit Ex 834, #6 Exhibit Ex 835, #7 Exhibit Ex 836, #8 Exhibit Ex 840, #9 Exhibit Ex 841, #10 Exhibit Ex 842)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1250 NOTICE of Filing of Exhibits 800 to 810 by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 800, #2 Exhibit Ex 801, #3 Exhibit Ex 802, #4 Exhibit Ex 803, #5 Exhibit Ex 804, #6 Exhibit Ex 805, #7 Exhibit Ex 806, #8 Exhibit Ex 807, #9 Exhibit Ex 808, #10 Exhibit Ex 810)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1249 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 766, #2 Exhibit Ex 767, #3 Exhibit Ex 768, #4 Exhibit Ex 769, #5 Exhibit Ex 773, #6 Exhibit Ex 775, #7 Exhibit Ex 777, #8 Exhibit Ex 778)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1248 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission. (Attachments: #1 Exhibit Ex 756, #2 Exhibit Ex 757, #3 Exhibit Ex 758, #4 Exhibit Ex 759, #5 Exhibit Ex 760, #6 Exhibit Ex 761, #7 Exhibit Ex 762, #8 Exhibit Ex 763, #9 Exhibit Ex 764, #10 Exhibit Ex 765)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1247 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission. (Attachments: #1 Exhibit Ex 679, #2 Exhibit Ex 680, #3 Exhibit Ex 681, #4 Exhibit Ex 714, #5 Exhibit Ex 715, #6 Exhibit Ex 723, #7 Exhibit Ex 728, #8 Exhibit Ex 730, #9 Exhibit Ex 734, #10 Exhibit Ex 744)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1246 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission. (Attachments: #1 Exhibit Ex 669, #2 Exhibit Ex 670, #3 Exhibit Ex 671, #4 Exhibit Ex 672, #5 Exhibit Ex 673, #6 Exhibit Ex 674, #7 Exhibit Ex 675, #8 Exhibit Ex 676, #9 Exhibit Ex 677, #10 Exhibit Ex 678)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1245 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission. (Attachments: #1 Exhibit Ex 659, #2 Exhibit Ex 660, #3 Exhibit Ex 661, #4 Exhibit Ex 662, #5 Exhibit Ex 663, #6 Exhibit Ex 664, #7 Exhibit Ex 665, #8 Exhibit Ex 666, #9 Exhibit Ex 667, #10 Exhibit Ex 668)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1244 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission. (Attachments: #1 Exhibit Ex 643, #2 Exhibit Ex 647, #3 Exhibit Ex 649, #4 Exhibit Ex 650, #5 Exhibit Ex 651, #6 Exhibit Ex 652, #7 Exhibit Ex 653, #8 Exhibit Ex 654, #9 Exhibit Ex 655, #10 Exhibit Ex 656, #11 Exhibit Ex 657, #12 Exhibit Ex 658)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1243 NOTICE of Filing of Deposition Exhibits by Federal Trade Commission. (Attachments: #1 Exhibit Ex 405, #2 Exhibit Ex 408, #3 Exhibit Ex 621, #4 Exhibit Ex 622, #5 Exhibit Ex 625, #6 Exhibit Ex 626, #7 Exhibit Ex 628, #8 Exhibit Ex 631, #9 Exhibit Ex 633, #10 Exhibit Ex 635, #11 Exhibit Ex 638)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1242 NOTICE of Filing Deposition Exhibits (362-383) by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 362, #2 Exhibit Ex 363, #3 Exhibit Ex 365, #4 Exhibit Ex 370, #5 Exhibit Ex 372, #6 Exhibit Ex 374, #7 Exhibit Ex 375, #8 Exhibit Ex 376, #9 Exhibit Ex 382, #10 Exhibit Ex 383)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1241 NOTICE of Filing of Exhibits (DepositionTranscripts) by Federal Trade Commission. (Attachments: #1 Errata Ex 1655 Tyndall, #2 Exhibit Ex 1657 Vigil, #3 Exhibit Ex 1658 Waite, #4 Exhibit Ex 1659 Zibby LLC (Relief Dft--S Johnson 7-30-2013), #5 Exhibit Ex 1660 Zibby LLC (Relief Dft--Leavitt 9-6-2013))(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1240 NOTICE of Filing Exhibits (Deposition Transcripts) by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1642 Marker, #2 Exhibit Ex 1647 Miller, #3 Exhibit Ex 1648 Mist Marketing (Shell), #4 Exhibit Ex 1649 Muir (Dft), #5 Exhibit Ex 1650 Net Discounts (Shell), #6 Exhibit Ex 1653 Riddle (Dft), #7 Exhibit Ex 1654 Spinks (Dft))(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1239 NOTICE of Filing Exhibits (Deposition Transcripts) by Federal Trade Commission. (Attachments: #1 Exhibit Ex 1628 K Johnson (Relief Dft 8-1-2013), #2 Exhibit Ex 1629 K Johnson (Relief Dft 11-4-2013), #3 Exhibit Ex 1630 K Johnson (7-14-2011), #4 Exhibit Ex 1631 S Johnson (7-30-2013), #5 Exhibit Ex 1632 L Johnston (Dft), #6 Exhibit Ex 1635 KB Family (Relief Dft), #7 Exhibit Ex 1638 Kramm, #8 Exhibit Ex 1639 KV Electric (Relief Dft), #9 Exhibit Ex 1640 Leavitt (Dft 2-1-2011), #10 Exhibit Ex 1641 Leavitt (Dft 9-6-2013)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1238 NOTICE of Filing of Deposition Transcripts by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1617 Gubler, #2 Exhibit Ex 1618 Holdaway, #3 Exhibit Ex 1619 Hong, #4 Exhibit Ex 1620 Huffman, #5 Exhibit Ex 1622 A Johnson (Dft), #6 Exhibit Ex 1623 B Johnson (Relief Dft 7-31-13), #7 Exhibit Ex 1624 B Johnson 7-15-11, #8 Exhibit Ex 1627 J Johnson (Dft 9-5-13), #9 Exhibit Ex 1627 J Johnson (Dft 1-31-11))(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1237 NOTICE of Filing of Exhibits 1600-1615 by Federal Trade Commission re #1235 MOTION for Summary Judgment . (Attachments: #1 Exhibit Ex 1600 Bachman, #2 Exhibit Ex 1601 Bauer, #3 Exhibit Ex 1604 Britto, #4 Exhibit Ex 1607 Cold Bay Media (Shell), #5 Exhibit Ex 1608 Cox, #6 Exhibit Ex 1609 DeWitt, #7 Exhibit Ex 1612 Fielding (Dft), #8 Exhibit Ex 1613 Fritzsche, #9 Exhibit Ex 1614 Funding Success (Shell), #10 Exhibit Ex 1615 GGL Rewards (Shell))(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1236 MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #1235 MOTION for Summary Judgment: Opposition due twenty-one (21) days from the date of this Minute Order, and reply due fourteen (14) days after the filing of the opposition. Signed by Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - MAJ)
November 26, 2013 Opinion or Order Filing 1235 MOTION for Summary Judgment by Plaintiff Federal Trade Commission. Responses due by 12/20/2013. (Attachments: #1 Exhibit Master Exhibit List, #2 Exhibit EX 1700, #3 Exhibit EX 1701, #4 Exhibit EX 1702, #5 Exhibit EX 1703, #6 Exhibit EX 1704, #7 Exhibit EX 1705, #8 Exhibit EX 1706, #9 Exhibit EX 1707, #10 Exhibit EX 1708, #11 Exhibit EX 1709, #12 Exhibit EX 1710, #13 Exhibit EX 1711, #14 Exhibit EX 1712, #15 Exhibit EX 1713)(Guerard, Collot)
November 26, 2013 Opinion or Order Filing 1234 ORDER granting #1227 Motion for Leave to File Excess Pages. Signed by Judge Miranda M. Du on 11/26/2013. (Copies have been distributed pursuant to the NEF - PAV)
November 22, 2013 Opinion or Order Filing 1233 ORDER Granting #1230 Motion to Withdraw as Attorney by Rodrigo M. Rodriguez as counsel of record for the FDIC-R. Signed by Magistrate Judge George Foley, Jr on 11/22/13. (Copies have been distributed pursuant to the NEF - MMM)
November 22, 2013 Opinion or Order Filing 1232 NOTICE Of Filing of Motion for Order by Robb Evans re #1231 MOTION (1) Approving Settlements with Todd Vowell Parties and Virgin Properties Group; (2) Authorizing Receiver to Market and List for Sale Boulder Mountain Property and Water Right No. 81-3467; And (3) For Limited Notice Under Local Rule 66-5 If App. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Caris, Gary)
November 22, 2013 Opinion or Order Filing 1231 MOTION (1) Approving Settlements with Todd Vowell Parties and Virgin Properties Group; (2) Authorizing Receiver to Market and List for Sale Boulder Mountain Property and Water Right No. 81-3467; And (3) For Limited Notice Under Local Rule 66-5 If Applicable; Memorandum of Points and Authorities In Support Thereof by Receiver Robb Evans. Responses due by 12/9/2013. (Attachments: #1 Declaration of Brick Kane, #2 Exhibit 1 to Kane Declaration, #3 Exhibit 2 to Kane Declaration, #4 Proposed Order)(Caris, Gary)
November 21, 2013 Opinion or Order Filing 1230 MOTION to Withdraw as Attorney by Rodrigo M. Rodriguez by Intervenor Federal Deposit Insurance Corporation - R. Motion ripe 11/21/2013. (Rodriguez, Rodrigo)
November 21, 2013 Opinion or Order Filing 1229 RESPONSE to #1225 Request for Judicial Notice ; Opposition and Objection to Request for Judicial Notice Filed by Jeremy Johnson Concerning Receiver's Motion for Order Approving Settlement with Peterson Parties and For Related Relief filed by Receiver Robb Evans. (Caris, Gary)
November 20, 2013 Opinion or Order Filing 1228 REPLY to Response to #1211 MOTION to Strike #1202 Response to Motion, [Evidentiary Objections to and Motion to Strike Declaration of Melinda Barlow (Doc. No. 1202-3)] filed by Receiver Robb Evans. (Attachments: #1 Declaration of James Fales)(Caris, Gary)
November 20, 2013 Opinion or Order Filing 1227 MOTION for Leave to File Excess Pages by Plaintiff Federal Trade Commission. Motion ripe 11/20/2013. (Attachments: #1 Proposed Order)(Guerard, Collot)
November 15, 2013 Opinion or Order Filing 1225 REQUEST for Judicial Notice re #1219 Reply to Response to Motion, ; by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit A)(Johnson, Jeremy)
November 14, 2013 Opinion or Order Filing 1224 RESPONSE to #1211 MOTION to Strike #1202 Response to Motion, [Evidentiary Objections to and Motion to Strike Declaration of Melinda Barlow (Doc. No. 1202-3)], filed by Defendant Jeremy D. Johnson. Replies due by 11/24/2013. (Attachments: #1 Exhibit A)(Johnson, Jeremy)
November 14, 2013 Opinion or Order Filing 1223 NOTICE of Appearance by attorney Chad R. Fears on behalf of 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.. (Fears, Chad)
November 13, 2013 Opinion or Order Filing 1222 ORDER ON STIPULATION Granting #1221 Stipulation for Entry of Order for Turnover of Funds from Sunfirst Bank Account. Signed by Judge Miranda M. Du on 11/12/2013. (Copies have been distributed pursuant to the NEF - AC)
November 12, 2013 Opinion or Order Filing 1221 STIPULATION and Request for Entry of Order for Turnover of Funds From Sunfirst Bank Account; and Order Thereon by Receiver Robb Evans. (Caris, Gary)
November 7, 2013 Opinion or Order Filing 1219 REPLY to Response to #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 Ru filed by Receiver Robb Evans. ; Declaration of Lesley Anne Hawes in Support Thereof (Attachments: #1 Exhibit 1)(Hawes, Lesley)
November 6, 2013 Opinion or Order Filing 1220 Mail Returned as Undeliverable re #1207 Order on Stipulation addressed to Jason Vowell. Re-mailed to updated address (Satellite Prison Camp Tucson, PO Box 24549, Tucson, AZ 85734). (MMM)
October 29, 2013 Opinion or Order Filing 1218 NOTICE of Corrected Image/Document re #1217 Response - Other by Receiver Robb Evans. (Service of corrected image is attached). (Caris, Gary)
October 29, 2013 Opinion or Order Filing 1217 RESPONSE to #1216 Notice of Change of Address ; Receiver's Report to the Court and Response to Jason Vowell Notice of Change of Address filed by Receiver Robb Evans. (Caris, Gary) Modified to add link to corrected image #1218 on 10/29/2013. (MAJ)
October 29, 2013 Opinion or Order Filing 1215 Mail Returned as Undeliverable re #1201 Order on Stipulation, addressed to Lifestyles for Fitness, Inc. No other address available, not re-mailed. (MMM)
October 28, 2013 Opinion or Order Filing 1216 NOTICE of Change of Address by Defendant Jason Vowell. Address updated to 19688-081, Satellite Prison Camp Tucson, PO Box 24549, Tucson, AZ 85734 (MMM)
October 28, 2013 Opinion or Order Filing 1214 CERTIFICATE OF SERVICE re 1213 DECLARATION of Jim Allen by Receiver Robb Evans. (Howard, Randolph)
October 28, 2013 Opinion or Order Filing 1212 MOTION to Seal [Motion to File Under Seal Confidential Valuation Evidence (Declaration of Jim D. Allen and September 5, 2013 Appraisal of 505 S. Woodsview Circle) in Support of Receiver's Reply to Jeremy Johnson's Opposition (Doc. No. 1202) to Motion for Order: (1) Approving and Confirming Sales of Three Woodsview Properties and for Related Relief; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors, and for Approval for Limited Service Thereof] by Receiver Robb Evans. Motion ripe 10/28/2013. (Attachments: #1 Proposed Order)(Howard, Randolph)
October 28, 2013 Opinion or Order Filing 1211 MOTION to Strike #1202 Response to Motion, [Evidentiary Objections to and Motion to Strike Declaration of Melinda Barlow (Doc. No. 1202-3)] by Receiver Robb Evans. Responses due by 11/14/2013. (Howard, Randolph)
October 28, 2013 Opinion or Order Filing 1210 OBJECTION to #1202 Response to Motion, ; [Evidentiary Objections to Exhibits (Doc. Nos. 1202-1 and 1202- 2) to Jeremy Johnson's Opposition to Motion for Order: (1) Approving and Confirming Sales of Three Woodsview Properties and for Related Relief; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Evidentiary Objections to and Motion to Strike Declaration of Melinda Barlow (Doc. No. 1202-3)] filed by Receiver Robb Evans. (Howard, Randolph)
October 28, 2013 Opinion or Order Filing 1209 REPLY to Response to #1189 MOTION for Order of Sale filed by Receiver Robb Evans. (Attachments: #1 Declaration of M. Val Miller, #2 Declaration of James Fales, #3 Declaration of Gary Owen Caris, #4 Exhibit (s) 1-5 to Declaration of Gary Owen Caris)(Howard, Randolph)
October 28, 2013 Opinion or Order Filing 1208 RESPONSE to #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 Ru, filed by Defendant Jeremy D. Johnson. Replies due by 11/7/2013. (Johnson, Jeremy)
October 24, 2013 Opinion or Order Filing 1207 ORDER ON STIPULATION Granting #1206 Stipulation for Turnover of Funds from SunFirst Bank. Signed by Judge Miranda M. Du on 10/24/13. (Copies have been distributed pursuant to the NEF - MMM)
October 23, 2013 Opinion or Order Filing 1206 STIPULATION AND REQUEST FOR ENTRY OF ORDER FOR TURNOVER OF FUNDS FROM SUNFIRST BANK ACCOUNT; AND ORDER THEREON by Receiver Robb Evans. (Caris, Gary)
October 21, 2013 Opinion or Order Filing 1205 Mail Returned as Undeliverable re #1194 Order on Motion to Stay, addressed to Lifestyles For Fitness, Inc. No other address available, not re-mailed. (MMM)
October 21, 2013 Opinion or Order Filing 1204 ORDER Granting Stipulated Permanent Injunction and Monetary Judgment as to Kevin Pilon. Signed by Judge Miranda M. Du on 10/21/2013. (Copies have been distributed pursuant to the NEF - SLR)
October 21, 2013 Opinion or Order Filing 1203 ORDER Granting Stipulated Permanent Injunction and Monetary Judgment as to Bryce Payne. Signed by Judge Miranda M. Du on 10/21/2013. (Copies have been distributed pursuant to the NEF - SLR)
October 18, 2013 Opinion or Order Filing 1202 RESPONSE to #1189 MOTION for Order of Sale, Replies due by 10/28/2013. (Attachments: #1 Exhibit A: Woodsview Market Analysis, #2 Exhibit B: Kennedy Funding Press Release, #3STRICKEN per #1503 ORDER Exhibit C: Declaration of Melinda Barlow)(Johnson, Jeremy)
October 16, 2013 Opinion or Order Filing 1201 ORDER ON STIPULATION Granting #1200 Stipulation for Extension of Time for Plaintiff to Respond to #1169 Motion For Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From January 1, 2013 through July 31, 2013; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors. Responses due by 10/24/2013. Signed by Judge Miranda M. Du on 10/16/2013. (Copies have been distributed pursuant to the NEF - AC)
October 11, 2013 Opinion or Order Filing 1200 STIPULATION FOR EXTENSION OF TIME (First Request) re #1169 MOTION For Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From January 1, 2013 through July 31, 2013; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors ; by Plaintiff Federal Trade Commission. (Brooke, Joseph)
October 11, 2013 Opinion or Order Filing 1199 NOTICE of Filing by Robb Evans re #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 Ru. (Caris, Gary)
October 11, 2013 Opinion or Order Filing 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; Memorandum of Points and Authorities In Support Thereof by Receiver Robb Evans. Responses due by 10/28/2013. (Attachments: #1 Declaration of M. Val Miller, #2 Exhibit 1 to M. Val Miller Declaration, #3 Proposed Order)(Caris, Gary)
October 8, 2013 Opinion or Order Filing 1197 WITHDRAWAL of Motion re #1195 Emergency MOTION for Attorney Fees ; by Defendant Jeremy D. Johnson . (Johnson, Jeremy)
October 7, 2013 Opinion or Order Filing 1196 NOTICE: of Pro Se litigant Action Required to #1195 Emergency MOTION for Attorney Fees: ERROR: Documents should have been filed as separate entries by Defendant Jeremy D. Johnson, pursuant to Special Order 109 a separate document must be filed for each type of document or purpose . CORRECTION: Defendant is advised to file the additional motion for Modification contained in #1195 Emergency MOTION for Attorney Fees using Miscellaneous Relief found under the MOTIONS category and properly link the Motion for Modification to Order it relates to. (no image attached)(RFJ)
October 7, 2013 Opinion or Order Filing 1195 Emergency MOTION for Attorney Fees filed by Defendant Jeremy D. Johnson. Responses due by 10/24/2013. (Johnson, Jeremy)
October 3, 2013 Opinion or Order Filing 1194 ORDER that #1180 Emergency Motion for Stay of All Proceedings due to United States Government Cessation is denied. Signed by Judge Miranda M. Du on 10/3/13. (Copies have been distributed pursuant to the NEF - MMM)
October 3, 2013 Opinion or Order Filing 1193 RESPONSE to #1180 Emergency MOTION to Stay filed by Defendant Jeremy D. Johnson. Replies due by 10/13/2013. (Johnson, Jeremy)
October 3, 2013 Opinion or Order Filing 1192 CERTIFICATE OF SERVICE for #1183 Joinder to #1180 Emergency MOTION to Stay Due to US Government Cessation 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.. (Hargis, Jennifer) Linked to motion. (ASB)
October 3, 2013 Opinion or Order Filing 1191 CERTIFICATE OF SERVICE for #1188 Joinder,, #1185 Response to Motion,,, 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. (Hargis, Jennifer)
October 3, 2013 Opinion or Order Filing 1190 NOTICE re #1189 MOTION for Order of Sale filed by Robb Evans (Caris, Gary)
October 3, 2013 Opinion or Order Filing 1189 MOTION for Order of Sale filed by Receiver Robb Evans. Motion ripe 10/3/2013. (Attachments: #1 Declaration of Val Miller, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Proposed Order)(Caris, Gary)
October 2, 2013 Opinion or Order Filing 1188 JOINDER to #1185 Response to #1180 Emergency MOTION to Stay Due to US Government Cessation filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business Loan Success, Inc., CS Processing, Inc., Duane Fielding, GGL Rewards, Inc., Highlight Marketing, Inc., Andy Johnson, Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. (Hargis, Jennifer) Linked to motion. (ASB)
October 2, 2013 Opinion or Order Filing 1187 REPLY to Response to #1180 Emergency MOTION to Stay Due to US Government Cessation filed by Plaintiff Federal Trade Commission. (Guerard, Collot)
October 2, 2013 Opinion or Order Filing 1186 EXHIBIT(s) A to #1185 Response to #1180 Emergency MOTION to Stay Due to US Government Cessation filed 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., 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.. (Porter, Karra) Linked to motion. (ASB)
October 2, 2013 Opinion or Order Filing 1185 RESPONSE to #1180 Emergency MOTION to Stay Due to US Government Cessation, filed 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., 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.. IN OPPOSITION Replies due by 10/12/2013. (Porter, Karra)
October 2, 2013 Opinion or Order Filing 1184 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 10/2/2013. By Deputy Clerk: Peggie Vannozzi. RE: #1180 Emergency MOTION to Stay Due to US Government Cessation, ( Responses due by 10/3/2013.) (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
October 1, 2013 Opinion or Order Filing 1183 JOINDER to #1182 Response to Motion ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Bolt Marketing, Inc., Business Loan Success, Inc., CS Processing, Inc., Duane Fielding, GGL Rewards, Inc., Highlight Marketing, Inc., Andy Johnson, Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. (Hargis, Jennifer)
October 1, 2013 Opinion or Order Filing 1182 RESPONSE to #1180 Emergency MOTION to Stay Due to US Government Cessation, filed by Defendant Blue Streak Processing, Inc.. , et al. - NOTICE OF INTENT TO OPPOSE Replies due by 10/11/2013. (Porter, Karra)
October 1, 2013 Opinion or Order Filing 1181 NON-OPPOSITION to #1180 Emergency MOTION to Stay Due to US Government Cessation ; filed by Receiver Robb Evans. Statement of Position by Receiver in Support of Exclusion of Receiver's Activities and Asset Discovery From Stay of Action During United States Government Shut Down (Caris, Gary)
October 1, 2013 Opinion or Order Filing 1180 Emergency MOTION to Stay filed by Plaintiff Federal Trade Commission. Motion ripe 10/1/2013. (Attachments: #1 Proposed Order)(Guerard, Collot)
September 30, 2013 Opinion or Order Filing 1179 ORDER (1) Authorizing Receiver to List and Offer for Sale Multiple Real Properties; (2) Authorizing Receiver to List and Offer for Sale Aircraft (Tail No. N13HG); and (3) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 9/30/13. (Copies have been distributed pursuant to the NEF - MMM)
September 30, 2013 Opinion or Order Filing 1178 ORDER Granting #1161 Receiver's Motion for Order. Signed by Judge Miranda M. Du on 9/30/13. (Copies have been distributed pursuant to the NEF - MMM)
September 30, 2013 Opinion or Order Filing 1177 ORDER ON STIPULATION Granting #1173 Stipulation for Entry of Order for Turnover to Receiver of Funds from SunFirst Bank Account. Signed by Judge Miranda M. Du on 9/30/13. (Copies have been distributed pursuant to the NEF - MMM)
September 30, 2013 Opinion or Order Filing 1176 ORDER ON STIPULATION Granting #1172 Stipulation for Relief from Stay as to Wells Fargo Bank, N.A. and Abandonment of Real Property Located at 750 South Main Street (Highway 89), Ephraim, Utah 84627. Signed by Judge Miranda M. Du on 9/30/13. (Copies have been distributed pursuant to the NEF - MMM)
September 26, 2013 Opinion or Order Filing 1175 CERTIFICATE OF SERVICE for #1170 Notice (Other), by Receiver Robb Evans. (Caris, Gary)
September 25, 2013 Opinion or Order Filing 1174 ORDER Granting in part and Denying in part #799 Plaintiff's Motion for Sanctions re Discovery. See Order for details. Signed by Magistrate Judge George Foley, Jr on 09/25/2013. (Copies have been distributed pursuant to the NEF - AC)
September 25, 2013 Opinion or Order Filing 1173 STIPULATION and Request for Entry of Order for Turnover to Receiver of Funds from Sunfirst Bank Account; and Order thereon by Receiver Robb Evans. (Caris, Gary)
September 25, 2013 Opinion or Order Filing 1172 STIPULATION for Relief from Stay as to Wells Fargo Bank, N.A. and Abandonment of Real Property Located at 750 South Main Street (Highway 89), Ephraim, Utah 84627; and Order thereon by Receiver Robb Evans. (Caris, Gary)
September 23, 2013 Opinion or Order Filing 1171 APPENDIX of Exhibits to #1169 MOTION For Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From January 1, 2013 through July 31, 2013; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors ; filed by Receiver Robb Evans. (Attachments: #1 Appendix Vol. 2, #2 Appendix Vol. 3, #3 Certificate of Service)(Caris, Gary)
September 23, 2013 Opinion or Order Filing 1170 NOTICE of Filing by Robb Evans re #1169 MOTION For Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From January 1, 2013 through July 31, 2013; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors . (Caris, Gary)
September 23, 2013 Opinion or Order Filing 1169 MOTION For Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From January 1, 2013 through July 31, 2013; and (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 10/10/2013. (Attachments: #1 Declaration of Gary Owen Caris, #2 Declaration of Brick Kane, #3 Exhibit 1 to Declaration of Brick Kane, #4 Proposed Order)(Caris, Gary)
September 13, 2013 Opinion or Order Filing 1168 Third STATUS REPORT Regarding Liahona Academy For Youth, L.P., Virgin Properties, LLC, Executive Auto Group and Executive Auto Sales, Inc. Pursuant to Clarifying Order (Doc. No. 900) and Minute Order (Doc. No. 1032) by Receiver Robb Evans. (Caris, Gary)
September 12, 2013 Opinion or Order Filing 1167 REPLY to Response to #1161 MOTION for Order filed by Receiver Robb Evans. (1) Authorizing Receiver to List and Offer for Sale Multiple Real Properties; (2) Authorizing Receiver to List and Offer for Sale Aircraft (Tail No. N13HG); and (3) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors (Caris, Gary)
September 9, 2013 Opinion or Order Filing 1166 RESPONSE to #1161 MOTION for Order, filed by Intervenor Rotortrends, LLC. Replies due by 9/19/2013. (Studebaker, Michael P.)
September 3, 2013 Opinion or Order Filing 1165 Mail Returned as Undeliverable re #1158 Order on Motion, addressed to Lifestyles For Fitness, Inc. No New Address, Did Not Resend. (SLR)
August 26, 2013 Opinion or Order Filing 1164 Mail Returned as Undeliverable re #1144 Order on Motion to Take Deposition of Jeremy Johnson, and #1145 Order on Motion to Take Deposition of Scott Leavitt, addressed to Lifestyles for Fitness, Inc.. No other address available, not re-mailed. (MMM)
August 21, 2013 Opinion or Order Filing 1163 Mail Returned as Undeliverable re #1134 Order, addressed to Lifestyles for Fitness, Inc.. No other address available, not remailed. (MMM)
August 21, 2013 Opinion or Order Filing 1162 NOTICE re #1161 MOTION for Order; filed by Robb Evans (Caris, Gary)
August 21, 2013 Opinion or Order Filing 1161 MOTION for Order; filed by Receiver Robb Evans. Responses due by 9/7/2013. (Attachments: #1 Declaration of Kenton Johnson, #2 Exhibit 1, #3 Proposed Order)(Caris, Gary)
August 20, 2013 Opinion or Order Filing 1159 ORDER Granting #1152 Motion for Order (1) Authorizing Approving and Confirming Sale of Property Located at 620 E. Main Street, Rockville, Utah and Related Water Rights Free and Clear of Liens, Claims, and Encumbrances 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 8/19/13. (Copies have been distributed pursuant to the NEF - MMM)
August 19, 2013 Opinion or Order Filing 1160 Mail Returned as Undeliverable re #1139 Order on Motion, addressed to Lifestyles for Fitness, Inc. No other address available, not remailed. (MMM)
August 19, 2013 Opinion or Order Filing 1158 ORDER Granting #1121 Motion for Order Approving Settlement With United States of America Concerning Funds Subject to Civil Forfeiture Action and For Limited Notice Under Local Rule 66-5 if Applicable. Signed by Judge Miranda M. Du on 8/19/13. (Copies have been distributed pursuant to the NEF - MMM)
August 16, 2013 Opinion or Order Filing 1157 NOTICE of Change of Attorney; filed by Robb Evans. (Caris, Gary)
August 14, 2013 Opinion or Order Filing 1156 Mail Returned as Undeliverable re #1131 Order on Mandate and #1132 Order on Motion to Withdraw as Attorney, addressed to Lifestyles for Fitness, Inc.. No other address available, not remailed. (Attachments: #1 document 1132) (MMM)
August 14, 2013 Opinion or Order Filing 1155 AMENDED CERTIFICATE OF SERVICE re: #1153 NOTICE; filed by Receiver Robb Evans. (Caris, Gary)
August 14, 2013 Opinion or Order Filing 1154 AMENDED CERTIFICATE OF SERVICE re: #1152 MOTION for Order of Sale; filed by Receiver Robb Evans. (Caris, Gary)
August 13, 2013 Opinion or Order Filing 1153 NOTICE re #1152 MOTION for Order of Sale filed by Robb Evans (Caris, Gary)
August 13, 2013 Opinion or Order Filing 1152 MOTION for Order of Sale filed by Receiver Robb Evans. Motion ripe 8/13/2013. (Attachments: #1 Proposed Order)(Caris, Gary)
August 13, 2013 Opinion or Order Filing 1151 NOTICE Withdrawl of [PROPOSED] Order (1) Authorizing Approving and Confirming Sale of Property Located at 620 E. Main Street, Rockville, Utah and Related Water Rights Free and Clear of Liens, Claims, and Encumbrances and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Robb Evans re #1148 Proposed Order Submission,. (Caris, Gary)
August 13, 2013 Opinion or Order Filing 1150 WITHDRAWAL of Motion re #1147 MOTION for Order of Sale Notice of Motion and Motion for Order (1) Authorizing, Approving and Confirming Sale of Property Located at 620 E. Main Street, Rockville, Utah and Related Water Rights Free and Clear of Leins, Claims and Encumbrances and ; by Receiver Robb Evans . (Caris, Gary)
August 13, 2013 Opinion or Order Filing 1149 NOTICE Withdrawal of Notice of Filing of Motion for Order (1) Authorizing, Approving and Confirming Sale of Property Located at 620 E. Main Street, Rockville, Utah and Related Water Rights Free and Clear of Liens, Claims, and Encumbrances and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Robb Evans re #1146 Notice (Other),. (Caris, Gary)
August 13, 2013 Opinion or Order Filing 1148 Submission of PROPOSED ORDER on #1147 MOTION for Order of Sale Notice of Motion and Motion for Order (1) Authorizing, Approving and Confirming Sale of Property Located at 620 E. Main Street, Rockville, Utah and Related Water Rights Free and Clear of Leins, Claims and Encumbrances and ; filed by Receiver Robb Evans. (Fones, Angela)
August 13, 2013 Opinion or Order Filing 1147 MOTION for Order of Sale Notice of Motion and Motion for Order (1) Authorizing, Approving and Confirming Sale of Property Located at 620 E. Main Street, Rockville, Utah and Related Water Rights Free and Clear of Leins, Claims and Encumbrances 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 Thereon by Receiver Robb Evans. Motion ripe 8/13/2013. (Fones, Angela)
August 13, 2013 Opinion or Order Filing 1146 NOTICE of Filing of Motion Order (1) Authorizing, Approving and Confirming Sale of Property Located at 620 E. Main Street, Rockville, Utah and Related Water Rights Free and clear of Liens, Claims, and Encumbrances and For Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining To Notice To Creditors by Robb Evans. (Fones, Angela)
August 13, 2013 Opinion or Order Filing 1144 ORDER Granting #1141 Motion to Take the Deposition of Jeremy Johnson on September 5, 2013. Signed by Magistrate Judge George Foley, Jr on 8/12/13. (Copies have been distributed pursuant to the NEF - MMM)
August 12, 2013 Opinion or Order Filing 1145 ORDER Granting #1142 Motion to Take the Deposition of Scott Leavitt of September 6, 2013. Signed by Magistrate Judge George Foley, Jr on 8/12/13. (Copies have been distributed pursuant to the NEF - MMM)
August 12, 2013 Opinion or Order Filing 1143 Mail Returned as Undeliverable re #1119 Order on Motion to Substitute Attorney, addressed to Lifestyles for Fitness, Inc.. No other address available, not remailed. (MMM)
August 9, 2013 Opinion or Order Filing 1142 Joint MOTION to Take Deposition from Scott Leavitt on September 6, 2013 by Plaintiff Federal Trade Commission. Motion ripe 8/9/2013. (Weinman, Dotan)
August 9, 2013 Opinion or Order Filing 1141 MOTION to Take Deposition from Jeremy Johnson on September 5, 2013 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.. Motion ripe 8/9/2013. (Porter, Karra)
August 7, 2013 Opinion or Order Filing 1140 NOTICE of Filing Proposed Stipulated Final Orders by Federal Trade Commission. (Attachments: #1 Proposed Order Payne Stipulated Order, #2 Proposed Order Pilon Stipulated Order)(Kopec, Janice)
August 7, 2013 Opinion or Order Filing 1139 ORDER Granting #1137 Motion For Order (1) Authorizing Receiver to List and Offer for Sale Three Woodsview Properties; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 8/7/13. (Copies have been distributed pursuant to the NEF - MMM)
August 7, 2013 Opinion or Order Filing 1138 NOTICE of Filing of Emergency Motion for Order: (1) Authorizing Receiver to List and Offer for Sale Three Woodsview Properties; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Robb Evans re #1137 Emergency MOTION For Order (1) Authorizing Receiver to List and Offer for Sale Three Woodsview Properties; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors . (Caris, Gary)
August 7, 2013 Opinion or Order Filing 1137 Emergency MOTION For Order (1) Authorizing Receiver to List and Offer for Sale Three Woodsview Properties; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 8/24/2013. (Attachments: #1 Declaration of Kenton Johnson, #2 Proposed Order)(Caris, Gary)
August 6, 2013 Opinion or Order Filing 1136 NOTICE to Withdraw #1123 Emergency MOTION to Bar Further Prejudicial References to "FBI Agents" at Depositions 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.. Motion ripe 8/6/2013. (Porter, Karra) Wrong event selected, modified on 8/7/2013. (MAJ)
August 5, 2013 Opinion or Order Filing 1135 Mail Returned as Undeliverable re #671 Order, addressed to Tara-Lynn Adams. Re-mailed to 2152 Starline Meadow Pl, LV, NV 89139. (MMM)
August 5, 2013 Opinion or Order Filing 1134 ORDER that #967 Motion to Intervene is DENIED. FURTHER ORDERED that #984 Motion to Strike Certain Affirmative Defense Raised by the I Works and Fielding Defendants is GRANTED in part and DENIED in part. FURTHER ORDERED that #998 Motion for Clarification of Order is DENIED. FURTHER ORDERED that #1017 Motion to Extend Time is DENIED as moot. FURTHER ORDERED that #1018 Motion for Hearing is DENIED. FURTHER ORDERED that #1028 Motion to Introduce Entire Document is DENIED as moot. FURTHER ORDERED that #1054 Motion to Strike is DENIED as moot. Signed by Judge Miranda M. Du on 8/5/13. (Copies have been distributed pursuant to the NEF - MMM)
August 5, 2013 Opinion or Order Filing 1133 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 8/5/2013. By Deputy Clerk: Dan Hill. RE: #1123 Emergency MOTION to Bar Further Prejudicial References to "FBI Agents" at Depositions. Plaintiff shall have until Friday, August 9, 2013 to file any response or opposition to Defendants' #1123 Motion. (no image attached) (Copies have been distributed pursuant to the NEF - DJH)
August 5, 2013 Opinion or Order Filing 1132 ORDER that #1128 Motion to Withdraw as Local Counsel for Duane Fielding, Anthon Holdings Corporation, and Network Agenda, LLC by Attorney Jared Green is GRANTED. Signed by Magistrate Judge George Foley, Jr on 8/5/13. (Copies have been distributed pursuant to the NEF - MMM)
August 5, 2013 Opinion or Order Filing 1131 ORDER on Mandate as to #1129 USCA Order that #971 Notice of Appeal is WITHDRAWN as to Interstate Lending, LLC. Signed by Judge Miranda M. Du on 8/2/13. (MMM)
August 2, 2013 Opinion or Order Filing 1128 MOTION to Withdraw as Attorney (Local Counsel) by Jared P. Green by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 8/2/2013. (Green, Jared)
August 1, 2013 Opinion or Order Filing 1127 MINUTES OF PROCEEDINGS - Motion Hearing held on 8/1/2013 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Dotan Weinman, Joseph Brooke, Janice Kopec; Def Counsel: Nick Vasco, Jennifer Hargis, Karra Porter, Kelly Macfarlane, Marcus Mumford, Scott Leavitt (pro se); Court Reporter/FTR #: Kathy French; Time of Hearing: 4:00 PM - 4:45 PM; Courtroom: 3; Also present is Jeanette Swent, District of Utah AUSA. All parties are present by telephone. Ms. Kopec, Mr. Mumford, Ms. Swent, and Ms. Porter present arguments regarding discovery disputes and the emergency motion to continue deposition #1125 , filed by Scott Leavitt's criminal counsel Mr. Mumford. The Court will allow a brief continuance of the deposition of Scott Leavitt. IT IS ORDERED: #1125 is granted, and the parties have until 8/30/2013 to schedule Scott Leavitt's deposition. The discovery deadline will remain in place. Mr. Macfarlane advises the Court that the parties had agreed to add one hour to Mr. Leavitt's deposition and depose him as a 30(b)(6) witness. IT IS ORDERED that counsel may take Mr. Leavitt's deposition as a 30(b)(6) witness after his personal deposition is completed. Ms. Kopec asks the Court if the ruling extends to the Loyd Johnston deposition. The Court has not received a request to continue that deposition so no ruling will be made on that question. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 1, 2013 Opinion or Order Filing 1126 Mail Returned as Undeliverable re 1116 Minutes of Proceedings, addressed to Lifestyles for Fitness, Inc.. (MMM)
August 1, 2013 Opinion or Order Filing 1125 EMERGENCY MOTION to Continue Deposition by Defendant Scott Leavitt filed by Marcus Mumford (PHV pending.) Motion ripe 8/1/2013. (PAV) (Main Document 1125 replaced on 8/1/2013) (PAV).
August 1, 2013 Opinion or Order Filing 1124 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/1/2013. By Deputy Clerk: Peggie Vannozzi. Collot Guerard has contacted the deputy clerk regarding a discovery dispute. Magistrate Judge Foley is inavailable. The Court will hear the discovery dispute at 4:00 PM on 8/1/2013 by telephone. Discovery Hearing set for 8/1/2013 04:00 PM in Reno Courtroom 3 before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 1, 2013 Opinion or Order Filing 1123 Emergency MOTION to Bar Further Prejudicial References to "FBI Agents" at Depositions 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.. Responses due by 8/18/2013. (Porter, Karra)
July 31, 2013 Opinion or Order Filing 1122 Mail Returned as Undeliverable re #1112 Order, addressed to Lifestyles For Fitness, Inc.. No other address available, not remailed. (MMM)
July 31, 2013 Opinion or Order Filing 1121 MOTION for Order Approving Settlement With United States of America Concerning Funds Subject to Civil Forfeiture Action and For Limited Notice Under Local Rule 66-5 if Applicable by Receiver Robb Evans. Responses due by 8/17/2013. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Caris, Gary) Cleaned up document title. (ASB)
July 31, 2013 Opinion or Order Filing 1120 NOTICE of Filing of Motion for Order Approving Settlement with United States of America Concerning Funds Subject to Civil Forfeiture Action and For Limited Notice Under Local Rule 66-5 If Applicable by Robb Evans. (Caris, Gary)
July 29, 2013 Opinion or Order Filing 1119 ORDER Granting #1117 Motion to Substitute Attorney. Attorneys D. Neal Tomlinson, Karl O Riley, and Jennifer R. Hargis substituted in place and stead of Attorney Michael P. Studebaker for Defendants Duane Fielding, Anthon Holdings Corporation, and Network Agenda, LLC. Signed by Magistrate Judge George Foley, Jr on 7/29/13. (Copies have been distributed pursuant to the NEF - MMM)
July 26, 2013 Opinion or Order Filing 1118 NOTICE of Appearance by attorney Jennifer R. Hargis on behalf of Defendant Andy Johnson. (Hargis, Jennifer)
July 26, 2013 Opinion or Order Filing 1117 MOTION to Substitute Attorney by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 7/26/2013. (Hargis, Jennifer)
July 26, 2013 Opinion or Order Filing 1116 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 7/26/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Dotan Weinman and Collot Guerard; Def Counsel: Karra Porter and Jennifer Hargis; Court Reporter/FTR #: 8:35a.m. - 9:02a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to #1110 Emergency Motion for an Order Allowing the FTC to Review Documents and Information for which Defendants have Waived Privilege. The Court grants the motion on the basis stated on the record, in terms of the scope of the waiver of the attorney/client privilege to the extent of the affirmative defenses raised by defendant I Works and/or by defendant Johnson. (Copies have been distributed pursuant to the NEF - EMG)
July 25, 2013 Opinion or Order Filing 1129 ORDER of USCA, Ninth Circuit that Appellants' motion to withdraw #971 Notice of Appeal as to Interstate Lending, LLC is GRANTED. The previously established briefing schedule remains in effect. This order served on the district court shall act as and for the mandate of this court as to Interstate Lending, LLC. (EDS)
July 25, 2013 Opinion or Order Filing 1115 REPLY to Response to #1110 Emergency MOTION for an Order Allowing the FTC to Review Documents and Information for which Defendants have Waived Privilege filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit A (Meet and Confer Exchange))(Weinman, Dotan)
July 25, 2013 Opinion or Order Filing 1114 RESPONSE to #1110 Emergency MOTION for an Order Allowing the FTC to Review Documents and Information for which Defendants have Waived Privilege, filed by Defendant Elite Debit, Inc.. Replies due by 8/4/2013. (Porter, Karra)
July 24, 2013 Opinion or Order Filing 1113 Mail Returned as Undeliverable re #1109 Order on Stipulation addressed to Lifestyles For Fitness, Inc. Address not updated, did not re-mail. (AC)
July 23, 2013 Opinion or Order Filing 1112 ORDER. On July 19, 2013, the Court received a package from Defendant Jeremy Johnson addressed to the Honorable Roger L. Hunt. The package included a letter addressed to Judge Hunt and dated on July 15, 2013, along with numerous additional materials. Because the sending of the letter and its supporting materials constitutes improper ex parte contact with a judge, the Court will not review it. See Local Rule 7-6(a) ("Neither party nor counsel for any party shall make an ex parte communication with the Court except as specifically permitted by these Rules."). Signed by Judge Miranda M. Du on 7/23/13. (Copies have been distributed pursuant to the NEF - MMM)
July 23, 2013 Opinion or Order Filing 1111 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 7/23/2013. By Judicial Assistant: Julia Wright. RE: #1110 Emergency MOTION for an Order Allowing the FTC to Review Documents and Information for which Defendants have Waived Privilege : A Telephonic Motion Hearing is set for Friday, July 26, 2013, at 8:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. The parties 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)
July 18, 2013 Opinion or Order Filing 1110 Emergency MOTION for an Order Allowing the FTC to Review Documents and Information for which Defendants have Waived Privilege by Plaintiff Federal Trade Commission. Responses due by 8/4/2013. (Attachments: #1 Declaration of Dotan Weinman Pursuant to 28 U.S.C. 1746 & LR 26-7(c), #2 Proposed Order)(Weinman, Dotan)
July 18, 2013 Opinion or Order Filing 1109 ORDER ON STIPULATION Granting #1107 Stipulation for Entry of Order for Turnover to Receiver of Funds from SunFirst Bank Accounts. Signed by Judge Miranda M. Du on 7/18/13. (Copies have been distributed pursuant to the NEF - MMM)
July 17, 2013 Opinion or Order Filing 1108 Mail Returned as Undeliverable re #1102 Order, addressed to Lifestyles for Fitness, Inc. No other address available, not re-mailed. (MMM)
July 17, 2013 Opinion or Order Filing 1107 STIPULATION and Request for Entry of Order for Turnover to Receiver of Funds From SunFirst Bank Accounts; and Order Thereon by Receiver Robb Evans. (Attachments: #1 Exhibit 1)(Caris, Gary)
July 17, 2013 Opinion or Order Filing 1106 Second STATUS REPORT Regarding Liahona Academy for Youth, L.P., Virgin Properties, LLC, Executive Auto Group and Executive Auto Sales, Inc. Pursuant to Clarifying Order Doc. No. 900 and Minute Order Doc. 1032 by Receiver Robb Evans. (Caris, Gary)
July 16, 2013 Opinion or Order Filing 1105 ORDER that the Court denies the Receiver's request for reimbursement of attorneys' fees and costs (contained within #855 Emergency MOTION for Order to Show Cause). Signed by Judge Miranda M. Du on 7/16/13. (Copies have been distributed pursuant to the NEF - MMM)
July 14, 2013 Opinion or Order Filing 1104 TRANSCRIPT of Proceedings, 1009 Order on Motion for Protective Order,,,,, Motion Hearing,,,, held on 5-8-13, 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 8/4/2013. Redacted Transcript Deadline set for 8/14/2013. Release of Transcript Restriction set for 10/12/2013. (KF)
July 11, 2013 Opinion or Order Filing 1103 Mail Returned as Undeliverable re #1092 Order on Stipulation, addressed to Lifestyles for Fitness, Inc.. No other address available, not re-mailed. (MMM)
July 8, 2013 Opinion or Order Filing 1102 ORDER that the Notice attached as Attachment A to #1097 Notice filed by Federal Trade Commission be served on all witnesses who are on the No Contact List. FURTHER ORDERED that the parties delete the last sentence in paragraph 4 of the proposed notice (page 2, lines 6-9) attached as Attachment B to the FTC's Notice and the revised notice be served on all other witnesses in connection with the remaining fact discovery to be conducted in this case. The Court declines to modify the Scheduling Order other than to reiterate that discovery must be completed within thirty-five (35) days from entry of this Order. Signed by Judge Miranda M. Du on 7/8/13. (Copies have been distributed pursuant to the NEF - MMM)
July 3, 2013 Opinion or Order Filing 1101 REPLY to Response to #998 Emergency MOTION for Clarification of Order re: #897 filed by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. Reply to Receiver's Supplemental Brief in Opposition to Todd Vowell Parties' Emergency Motion for Clarification of Order (Doc. 1082) and FTC's Supplemental Brief Pursuant to June 13 Order (Doc. 1080) (Attachments: #1 Exhibit Exhibit A)(Reynolds, Jacob)
July 2, 2013 Opinion or Order Filing 1100 NOTICE of Appearance by attorney Ava Bessel on behalf of Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, KATTS, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Sheree Vowell, Todd Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC, ePayment Solutions, LLC, Fishhook Partners, LLC. (Bessel, Ava)
June 27, 2013 Opinion or Order Filing 1099 ANSWER to #830 Amended Complaint,,,,,,,, filed by 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)
June 27, 2013 Opinion or Order Filing 1098 NOTICE Todd Vowell Parties' Notice Regarding Proposed Deposition Notice Pursuant to June 19, 2013 Order (Doc. 1083) by Alpha Yankee, LLC, C2 Holdings, LLC, Cache Valley Bank, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Harvest, Inc., Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. (Attachments: #1 Exhibit Exhibit A)(Reynolds, Jacob)
June 26, 2013 Opinion or Order Filing 1097 NOTICE by Federal Trade Commission re #1083 Order on Motion,,,, Set/Reset Deadlines,. (Attachments: #1 Notice to Witnesses on No Contact List, #2 Notice to Witnesses Not on No Contact List, #3 Proposed Order)(Weinman, Dotan)
June 26, 2013 Opinion or Order Filing 1096 PROPOSED Discovery Plan/Scheduling Order filed 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. Revised Pursuant to June 19 Order (DE 1083). (Attachments: #1 Exhibit A - [Proposed] Notice for Deponents)(Porter, Karra)
June 26, 2013 Opinion or Order Filing 1095 NOTICE Blue Streak Processing and Other Defendants' Notice Regarding Proposed Deposition Witness Notice Per June 19 Order (DE 1083) and Proposed Revised Scheduling Order by 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)
June 25, 2013 Opinion or Order Filing 1093 Mail Returned as Undeliverable re #1077 Order on Motion to Withdraw as Attorney addressed to Lifestyles for Fitness, Inc.. No other address available, not re-mailed. (MMM)
June 24, 2013 Opinion or Order Filing 1094 Mail Returned as Undeliverable re #1081 Transcript, addressed to Lifestyles For Fitness, Inc. No other address available not re-mailed. (MMM)
June 24, 2013 Opinion or Order Filing 1092 ORDER ON STIPULATION Granting #1090 Stipulation to Extend Time to Reply re #1082 and #1084 Supplemental Oppositions. Replies due by 7/3/2013. Signed by Judge Miranda M. Du on 6/24/13. (Copies have been distributed pursuant to the NEF - MMM)
June 21, 2013 Opinion or Order Filing 1091 NOTICE of Declaration of Fees and Costs by Federal Trade Commission re #1070 Order on Motion to Lift Stay,,,,, Order on Motion for Sanctions,,,,,,,,,, Order on Motion to Seal,,,,, Order on Report and Recommendation,,,,, Order on Motion to Dismiss,,,,, Order on Motion for Leave to File,,,,,,,,,, Order on Motion to Strike,,,,,,,,,, Set/Reset Deadlines,,,,. (Attachments: #1 Declaration Declaration of Brooke)(Brooke, Joseph)
June 21, 2013 Opinion or Order Filing 1090 STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order for Extension of Time to File Reply to Supplemental Oppositions by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. (Reynolds, Jacob)
June 20, 2013 Opinion or Order Filing 1089 STATEMENT of Rule 7.1 Disclosure Statement Rule 7.1 Disclosure Statement of Todd Vowell Parties by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC, Interested Party Liahona Academy for Youth, LLC. (Reynolds, Jacob)
June 20, 2013 Opinion or Order Filing 1088 NOTICE Notice of Party Representation and Errata to Substitution of Counsel (Doc. 966) and All Subsequent Documents filed by the Todd Vowell Pa;rties (Docs. 967, 968, 969, 970, 971, 995, 998, 1007, 1018, 1045, and 1053) and All Filings Related Thereto by Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. (Reynolds, Jacob)
June 20, 2013 Opinion or Order Filing 1087 Mail Returned as Undeliverable re #1062 Order on Motion, addressed to Lifestyles for Fitness, Inc. No other address available, not re-mailed. (MMM)
June 19, 2013 Opinion or Order Filing 1085 Mail Returned as Undeliverable re #1080 Order on Motion, addressed to Lifestyles for Fitness, Inc. No other address available, not re-mailed. (MMM)
June 19, 2013 Opinion or Order Filing 1084 Supplemental BRIEF re #1080 Order on Motion, ; filed by Plaintiff Federal Trade Commission. Regarding Issue Raised in 998 Motion for Clarification filed by the Todd Vowell Parties. (Brooke, Joseph)
June 19, 2013 Opinion or Order Filing 1083 ORDER that #946 Motion for Limited Stay of Discovery is DENIED. FURTHER ORDERED that the parties are to file within seven (7) days from the entry of this Order a proposed notice for prospective deposition witnesses to send along with subpoenas. The parties will have thirty five (35) days from the date that the Court approves this proposed notice to complete discovery. Signed by Judge Miranda M. Du on 6/19/13. (Copies have been distributed pursuant to the NEF - MMM)
June 19, 2013 Opinion or Order Filing 1082 Supplemental BRIEF re #1080 Order on Motion, #1075 Emergency MOTION re #998 Emergency MOTION for Clarification of Order re: #897 Regarding Issue Raised in Motion for Clarification filed by the Todd Vowell Parties; Alternatively, Request for Filing of Supplemental Opposition or Sur-Reply t ; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Caris, Gary)
June 17, 2013 Opinion or Order Filing 1086 Mail Returned as Undeliverable re #1072 Order on Motion for Leave to Appear, and #1073 Order on Motion to Substitute Attorney, addressed to Lifestyles for Fitness, Inc.. No other address available, not re-mailed. (MMM)
June 17, 2013 Opinion or Order Filing 1081 TRANSCRIPT of Proceedings, 1063 Motion Hearing, held on June 3, 2013, 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 7/8/2013. Redacted Transcript Deadline set for 7/18/2013. Release of Transcript Restriction set for 9/15/2013. (KE)
June 12, 2013 Opinion or Order Filing 1080 ORDER Granting in part and Denying in part #1075 Motion Regarding Issue Raised in #998 Motion for Clarification filed by the Todd Vowell Parties. Signed by Judge Miranda M. Du on 6/12/13. (Copies have been distributed pursuant to the NEF - MMM)
June 11, 2013 Opinion or Order Filing 1079 ORDER Granting #1076 Motion to Substitute Party/Counsel. Federal Deposit Insurance Corporation - R substituted for SunFirst Bank as Intervenor. Attorneys Sam E Taylor, Jr, and Rodrigo M. Rodriguez for Federal Deposit Insurance Corporation - R added. Signed by Magistrate Judge George Foley, Jr on 6/11/13. (Copies have been distributed pursuant to the NEF - MMM)
June 10, 2013 Opinion or Order Filing 1078 Mail Returned as Undeliverable re #1070 Order, addressed to Lifestyles for Fitness, Inc.. No other address available, not re-mailed. (MMM)
June 10, 2013 Opinion or Order Filing 1077 ORDER Granting #1074 Motion to Withdraw as Counsel of Record for SunFirst Bank by Nathan K. Fisher. Signed by Magistrate Judge George Foley, Jr on 6/10/13. (Copies have been distributed pursuant to the NEF - MMM)
June 10, 2013 Opinion or Order Filing 1076 MOTION to Substitute Party by Receiver FDIC. Responses due by 6/27/2013. (Attachments: #1 Exhibit A, #2 Exhibit B)(Taylor, Sam)
June 10, 2013 Opinion or Order Filing 1075 Emergency MOTION re #998 Emergency MOTION for Clarification of Order re: #897 Regarding Issue Raised in Motion for Clarification filed by the Todd Vowell Parties; Alternatively, Request for Filing of Supplemental Opposition or Sur-Reply to Motion for Clarification and Deeming this Emergency Motion the Supplemental Opposition or Sur-Reply; Declaration of Gary Owen Caris in Support Thereof by Receiver Robb Evans. Responses due by 6/27/2013. (Caris, Gary)
June 7, 2013 Opinion or Order Filing 1074 MOTION to Withdraw as Attorney by Nathan K. Fisher by Intervenor SunFirst Bank. Motion ripe 6/7/2013. (Treu, Matthew)
June 7, 2013 Opinion or Order Filing 1073 ORDER Granting #1071 Motion to Substitute Attorney. Attorney Edward D. Boyack substituted in place and stead of Attorney Alan D. Boyack. Signed by Magistrate Judge George Foley, Jr on 6/7/13. (Copies have been distributed pursuant to the NEF - MMM)
June 7, 2013 Opinion or Order Filing 1072 ORDER Granting #1069 Motion for Leave to Appear as Government Attorney for Attorneys Sam E Taylor, Jr, and Rodrigo M Rodriguez for the FDIC. Signed by Judge Miranda M. Du on 6/6/13. (Copies have been distributed pursuant to the NEF - MMM)
June 6, 2013 Opinion or Order Filing 1071 MOTION to Substitute Attorney on behalf of Defendant Terrason Spinks. (Boyack, Edward) Modified event on 6/6/2013. (MAJ)
June 6, 2013 Opinion or Order Filing 1070 ORDER that #743 Motion to Lift Stay is DENIED. FURTHER ORDERED that #790 Motion to Order Receiver to Segregate Assets is DENIED. FURTHER ORDERED that #796 Motion to Seal Confidential Declaration is GRANTED. FURTHER ORDERED that #803 Report and Recommendation regarding the Federal Trade Commission's Motion for Sanctions is Affirmed in part and Rejected in part. The FTC's Motion for Sanctions #785 is GRANTED in part and DENIED in part. The FTC is ordered to file an affidavit of fees and costs within 15 days.FURTHER ORDERED that #810 Motion for Judgment on the Pleadings is DENIED. FURTHER ORDERED that #811 Motion for Leave to File Out-of-Time Opposition to the FTC's Motion to Amend is DENIED as moot. FURTHER ORDERED that #886 Motion to Dismiss is DENIED. FURTHER ORDERED that #911 Motion to Strike Certain Affirmative Defenses Raised by the I Works and Muir Defendants is GRANTED in part and DENIED in part. Signed by Judge Miranda M. Du on 6/6/13. (Copies have been distributed pursuant to the NEF - MMM)
June 6, 2013 Opinion or Order Filing 1069 MOTION for Leave to Appear Government Attorney. (FDIC as Receiver for SunFirst Bank) Attorney: Sam E. Taylor, Jr. and Rodrigo M. Rodriguez. by Receiver FDIC. Motion ripe 6/6/2013. (Welsh, Blaine)
June 5, 2013 Opinion or Order Filing 1068 Mail Returned as Undeliverable re #1049 Order, #1046 Order on Motion to Remove Attorney from Electronic Service List, and 1048 Minute Order, addressed to Lifestyles For Fitness, Inc.. No other address available, not remailed. (MMM)
June 5, 2013 Opinion or Order Filing 1067 NOTICE of Filing of Orders Issued in Utah Criminal Case by United States of America. (Attachments: #1 Exhibit A - D. Utah Order of May 9, 2013, #2 Exhibit B - D. UT Transcript of Hearing Feb. 1, 2013, #3 Exhibit C - D. UT Transcript of Hearing Mar. 12, 2013, #4 Exhibit D - D. UT Transcript of Arraignment April 10, 2013, #5 Exhibit E - List of Utah Media Coverage of FTC v. Johnson, et al.)(Swent, Jeannette)
June 5, 2013 Opinion or Order Filing 1066 NOTICE of Second Disclosure Compliance and Production of Documents to Receiver Pursuant to the Court's March 25, 2013 Order Granting Motion for Order Clarifying Preliminary Injunction Order [No. 900] by Executive Auto Group, Inc., Executive Car Sales, Inc., Liahona Academy for Youth, LLC, Virgin Properties, LLC re #900 Notice of Corrected Image/Document. (Jensen, Curtis)
June 5, 2013 Opinion or Order Filing 1065 AMENDED MINUTES OF PROCEEDINGS - Motion Hearing held on 6/3/2013 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard and Dotan Weinman; Def Counsel: Jeremy Johnson, Andy Johnson, Loyd Johnston, Scott Leavitt, Bryce Payne (Pro Se Defendants); Karra Porter, Kelly Macfarlane & Sarah Spencer for IWorks related defendants and parties; Jennifer Hargis and Karl Riley for Defendant Muir and Muir-related parties; Joseph Kistler and Jacob Reynolds for Todd Vowell and Vowell-related parties; Court Reporter/FTR #: Kathy Eismann; Time of Hearing: 10:15 AM - 12:10 PM; Courtroom: 4A; Receiver's representative Brick Kane is present with counsel, Gary Caris. Also present is S/AUSA Jeanette Swent, representing the Government and the District of Utah. The Court advises counsel and the parties that it will only hear argument on two motions at this hearing and that it will issue orders on the other motions that are pending. Ms. Porter, Mr. Caris and Mr. Jeremy Johnson present argument on #858 . The Court takes the matter under advisement. The Court cautions counsel and the parties to adhere to Local Rule 7-4's page limitations. Unless counsel files a motion to exceed those page limits, the Court will strike documents that exceed the allowable pages or stop reading the document when it passes beyond the allowable limit. Ms. Swent, Ms. Guerrard, Ms. Porter, Ms. Hargis, Mr. Jeremy Johnson, Mr. Leavitt, Mr. Payne, Mr. Fielding and Mr. Andy Johnson make argument to the Court with regard to #946 . The Court has not read, nor will consider, #1051 Defendants Surreply filed by Mr. Jeremy Johnson. IT IS ORDERED that Plaintiff is to submit a sealed document that identifies which witnesses are on the no contact list. IT IS FURTHER ORDERED that Intervenor District of Utah is to file a copy of certain orders in the Utah Criminal case. The Court takes the matter under advisement. IT IS FURTHER ORDERED that the stay will continue until the Court issues its order.(no image attached) (Copies have been distributed pursuant to the NEF - PAV) (The amendment removes the word "sealed" with regard to certain orders from the District of Utah) Modified on 6/5/2013 (PAV).
June 3, 2013 Opinion or Order Filing 1063 MINUTES OF PROCEEDINGS - Motion Hearing held on 6/3/2013 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard and Dotan Weinman; Def Counsel: Jeremy Johnson, Andy Johnson, Loyd Johnston, Scott Leavitt, Bryce Payne (Pro Se Defendants); Karra Porter, Kelly Macfarlane & Sarah Spencer for IWorks related defendants and parties; Jennifer Hargis and Karl Riley for Defendant Muir and Muir-related parties; Joseph Kistler and Jacob Reynolds for Todd Vowell and Vowell-related parties; Court Reporter/FTR #: Kathy Eismann; Time of Hearing: 10:15 AM - 12:10 PM; Courtroom: 4A; Receiver's representative Brick Kane is present with counsel, Gary Caris. Also present is S/AUSA Jeanette Swent, representing the Government and the District of Utah. The Court advises counsel and the parties that it will only hear argument on two motions at this hearing and that it will issue orders on the other motions that are pending. Ms. Porter, Mr. Caris and Mr. Jeremy Johnson present argument on #858 . The Court takes the matter under advisement. The Court cautions counsel and the parties to adhere to Local Rule 7-4's page limitations. Unless counsel files a motion to exceed those page limits, the Court will strike documents that exceed the allowable pages or stop reading the document when it passes beyond the allowable limit. Ms. Swent, Ms. Guerrard, Ms.. Porter, Ms. Hargis, Mr. Jeremy Johnson, Mr. Leavitt, Mr. Payne, Mr. Fielding and Mr. Andy Johnson make argument to the Court with regard to #946 . The Court has not read, nor will consider, #1051 Defendants Surreply filed by Mr. Jeremy Johnson. IT IS ORDERED that Plaintiff is to submit a sealed document that identifies which witnesses are on the no contact list. IT IS FURTHER ORDERED that Intervenor District of Utah is to file a sealed copy of certain orders in the Utah Criminal case. The Court takes the matter under advisement. IT IS FURTHER ORDERED that the stay will continue until the Court issues its order. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
June 3, 2013 Opinion or Order Filing 1062 ORDER Granting #837 Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from June 1, 2012 Through December 31, 2012; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 6/2/13. (Copies have been distributed pursuant to the NEF - MMM)
June 3, 2013 Opinion or Order Filing 1061 ORDER granting #1038 Motion to Extend Time re #984 MOTION to Strike. Responses to #984 due by 5/20/2013. Signed by Judge Miranda M. Du on 6/2/2013. (Copies have been distributed pursuant to the NEF - PAV)
May 31, 2013 Opinion or Order Filing 1060 NOTICE of Filing of Corrected Declaration of John Porter, PH.D. re #1021 by United States of America. (Attachments: #1 Declaration)(Swent, Jeannette)
May 31, 2013 Opinion or Order Filing 1059 REPLY to Response to #984 MOTION to Strike filed by Plaintiff Federal Trade Commission. (I Works Affirmative Defenses) (Guerard, Collot)
May 31, 2013 Opinion or Order Filing 1058 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 5/31/2013. By Deputy Clerk: Dan Hill. RE: #1056 Order on Motion to Withdraw as Attorney. The Court informs Nathan Fisher, Esq. that, having granted his #1056 Motion to Withdraw as Counsel for Jason Vowell and Related Entities, he is still listed as Counsel of Record for Intervenor SunFirst Bank. The Court instructs Mr. Fisher to either file a status update as to the representation of SunFirst or file a Motion to Withdraw as to SunFirst within 7 days of the date of this Order. (no image attached) (Copies have been distributed pursuant to the NEF - DJH)
May 31, 2013 Opinion or Order Filing 1057 RESPONSE to #1054 MOTION to Strike #1051 Response - Other, , filed by Defendant Jeremy D. Johnson. Replies due by 6/10/2013. (Johnson, Jeremy)
May 31, 2013 Opinion or Order Filing 1055 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/31/2013. By Deputy Clerk: Peggie Vannozzi. The Court will hear the following motions on 6/3/2013 at 10:00 AM: #858 Order to Show Cause and #946 Emergency Motion for a Limited Stay of Discovery. (no image attached) (Copies have been distributed pursuant to the NEF - PAV) Modified on 5/31/2013 (PAV).
May 31, 2013 Opinion or Order Filing 1054 MOTION to Strike #1051 Response - Other, by Intervenor United States of America. Responses due by 6/17/2013. (Swent, Jeannette)
May 30, 2013 Opinion or Order Filing 1053 REPLY to Response to #998 Emergency MOTION for Clarification of Order re: #897 filed by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. Reply in Support of Emergency Motion for Clarification of Order (Doc. 897) Stay, and Miscellaneous Relief (Doc 998) (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Reynolds, Jacob)
May 30, 2013 Opinion or Order Filing 1052 Mail Returned as Undeliverable re #1033 Order on Stipulation, and 1032 Minute Order, addressed to Lifestyles For Fitness, Inc.. No other address available, not re-mailed. (MMM)
May 30, 2013 Opinion or Order Filing 1051 RESPONSE to #1021 Reply to Response to Motion,,, ; SUR-REPLY filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R)(Johnson, Jeremy)
May 29, 2013 Opinion or Order Filing 1050 ORDER of USCA, Ninth Circuit, as to #971 Notice of Appeal filed by Paydirt Properties, LLC, Triple Play Group, LLC, Paydirt, LP, Taggart Management, LLC, Cerberus Management LLC, KATTS, LLC, Powder Monkeys, LLC, ePayment Solutions, LLC, Flying High Enterprises, LLC, Alpha Yankee, LLC, Interstate Lending, LLC, Woodsview Holdings, LLC, Mastery Merchant, LLC, Kingston Enterprises LLC, IC Development, LLC, Summerset Ranch, LLC, Liahona Holdings, LP, C2 Holdings, LLC, Kombi Capital, LP, Choker Block, LLC, Triple Seven Inc., Omaha Eight, LLC, Jason Vowell, Sheree Vowell, Dreamland Capital, LLC, Silvernix Holdings, LLC, Treadstone Partners, LP, Triple Seven, LLC/LP, Capital Energy Corporation, Flatline Investments, LP, Online Weight Loss, TJJ Properties, LLC, Money Master for Life, Digital Currency, LLC, Paydirt Capital, Inc., Scud Runner, LLC, Paydirt Management, Inc., Commerce Financial, LLC, SRLA, LLC, SRLA Association, LLC, TLV Enterprises, Inc., T. Vowell Sole Propietorship Capital Holding, Executive Service Center, LLC, Market Mastery Trading, LLC, and Chateau Circle, LLC. The courts April 30, 2013 order to show cause is DISCHARGED. This appeal shall be calendared with consolidated appeal nos. 13-15768 and 13-15778. (AC)
May 29, 2013 Opinion or Order Filing 1049 ORDER Granting #913 MOTION to Intervene and Request to Expunge Lis Pendens filed by Bank of America, N.A. Signed by Judge Miranda M. Du on 5/29/13. (Copies have been distributed pursuant to the NEF - MMM)
May 29, 2013 Opinion or Order Filing 1048 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/29/2013. By Deputy Clerk: Peggie Vannozzi. RE: 951 Minute Order,,, Minute Order Setting Hearing. The minute order filed as docket 951 is hereby amended to reflect that the Court granted the Emergency Motion for Immediate, Brief Stay of Non-Asset Related Discovery #947 . All non-asset related discovery is temporarily stayed pending a decision on the Emergency Motion for Limited Stay of Discovery #946 . (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 29, 2013 Opinion or Order Filing 1047 ORDER ON STIPULATION Granting #1045 Stipulation to Extend Time to Reply re #998 Emergency MOTION for Clarification of Order #897 . Replies due by 5/30/2013. Signed by Judge Miranda M. Du on 5/28/13. (Copies have been distributed pursuant to the NEF - MMM)
May 28, 2013 Opinion or Order Filing 1056 ORDER Granting #930 Motion to Withdraw as Attorney by Nathan K. Fisher as counsel for Jason Vowell. The Clerk shall add Jason Vowell's last know address to the docket and serve Mr. Vowell with a copy of this Order. Signed by Magistrate Judge George Foley, Jr on 5/28/13. (Copies have been distributed pursuant to the NEF - MMM)
May 28, 2013 Opinion or Order Filing 1046 ORDER that #1029 Motion to Remove Attorney Troy Wallin from Electronic Service List is GRANTED. Signed by Magistrate Judge George Foley, Jr on 5/28/13. (Copies have been distributed pursuant to the NEF - MMM)
May 28, 2013 Opinion or Order Filing 1045 STIPULATION FOR EXTENSION OF TIME (First Request) Stipulation and Order for Extension of Time to File Reply (First Request) by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. (Reynolds, Jacob)
May 24, 2013 Opinion or Order Filing 1044 NOTICE of Errata to Notice of First Disclosure Compliance by Executive Auto Group, Inc., Executive Car Sales, Inc., Liahona Academy for Youth, LLC, Virgin Properties, LLC re #1024 Status Report, #1043 Notice (Other). (Attachments: #1 Exhibit 1 - Amended Notice of First Disclosure Compliance)(Jensen, Curtis)
May 24, 2013 Opinion or Order Filing 1043 NOTICE of First Disclosure Compliance by Executive Auto Group, Inc., Executive Car Sales, Inc., Liahona Academy for Youth, LLC, Virgin Properties, LLC re #1024 Status Report. (Jensen, Curtis)
May 23, 2013 Opinion or Order Filing 1042 RESPONSE to #984 MOTION to Strike, filed 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.. Replies due by 6/2/2013. (Porter, Karra)
May 21, 2013 Opinion or Order Filing 1041 REPLY to Response to #984 MOTION to Strike filed by Plaintiff Federal Trade Commission. Fielding Dfts Aff Defenses (Guerard, Collot)
May 21, 2013 Opinion or Order Filing 1040 Submission of PROPOSED ORDER on #913 MOTION to Intervene ; filed by Intervenor Defendant Bank of America, N.A. . (Attachments: #1 Exhibit A)(Hubley, Gregg)
May 20, 2013 Opinion or Order Filing 1039 RESPONSE to #984 MOTION to Strike, filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Replies due by 5/30/2013. (Studebaker, Michael P.)
May 20, 2013 Opinion or Order Filing 1038 Unopposed MOTION to Extend Time regarding discovery/nondispositive matter (First Request) re #984 MOTION to Strike by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 5/20/2013. (Attachments: #1 Proposed Order)(Studebaker, Michael P.)
May 20, 2013 Opinion or Order Filing 1037 CERTIFICATE OF SERVICE for #986 Reply to Response to Motion, #1036 Reply to Response to Motion, #930 MOTION to Withdraw as Attorney by Nathan K. Fisher. by Defendant Jason Vowell. (Treu, Matthew)
May 20, 2013 Opinion or Order Filing 1036 REPLY to Response to #930 MOTION to Withdraw as Attorney by Nathan K. Fisher. filed by Defendant Jason Vowell. Supplemental (Treu, Matthew)
May 20, 2013 Opinion or Order Filing 1035 REPLY to Response to #911 MOTION to Strike Certain Affirmative Defenses Rasied by the I Works and Muir Defendants filed by Plaintiff Federal Trade Commission. (Guerard, Collot)
May 17, 2013 Opinion or Order Filing 1034 RESPONSE to #998 Emergency MOTION for Clarification of Order re: #897 , filed by Receiver Robb Evans. Replies due by 5/27/2013. (Attachments: #1 Exhibit 1, #2 Certificate of Service)(Caris, Gary)
May 17, 2013 Opinion or Order Filing 1033 ORDER ON STIPULATION re #1026 Stipulation to Extend Time to Respond to FTC's Motion to Strike Certain Affirmative Defenses Raised by the I Works and Fielding Defendants. Responses to #984 due by 5/23/2013. Signed by Judge Miranda M. Du on 5/16/2013. (Copies have been distributed pursuant to the NEF - PAV)
May 17, 2013 Opinion or Order Filing 1032 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/17/2013. By Deputy Clerk: Peggie Vannozzi. The Court has reviewed #1024 Status Report re: Liohona Academy parties. Good cause appearing, Receiver's request for an additional 60 days to provide further status report regarding the status of the motion to clarify as it pertains to those entities is granted. IT IS ORDERED that Receiver shall file the next Status Report on these entities by 7/17/2013.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 17, 2013 Opinion or Order Filing 1031 RESPONSE to #998 Emergency MOTION for Clarification of Order re: #897 filed by Plaintiff Federal Trade Commission. Replies due by 5/27/2013. (Brooke, Joseph)
May 16, 2013 Opinion or Order Filing 1030 TRANSCRIPT DESIGNATION re #953 Notice of Appeal, 131 Motion Hearing, #916 Transcript, 345 Order on Motion to Intervene, Order on Motion to Stay, Order on Motion to Vacate, Order on Motion to Amend/Correct, Order on Motion for Release of Funds, Order on Ex Parte Motion, Motion Hearing, #884 Order on Motion, Motion Hearing, #393 Transcript, #184 Transcript, filed by Defendants Sharla Johnson, Orange Cat Investments, LLC, Zibby Flight Service, LLC, Zibby, LLC (Spencer, Sarah)
May 16, 2013 Opinion or Order Filing 1029 MOTION to remove attorney from the Electronic Service List; filed by Defendant Mountain Financial, LLC. Motion ripe 5/16/2013. (Attachments: #1 Proposed Order)(Wallin, Troy)
May 16, 2013 Opinion or Order Filing 1028 MOTION Introduce Entire Document re #1021 Reply to Response to Motion, filed 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.. Responses due by 6/2/2013. (Attachments: #1 Exhibit A Redacted Deposition)(Lowry, Phillip)
May 16, 2013 Opinion or Order Filing 1027 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/16/2013. By Deputy Clerk: Peggie Vannozzi. RE: 1022 Minute Order. The minute order denying #1016 is amended to reflect that the Court denies the stipulation for failure to comply with LR 6-1(b) , not LR 10-6(b). (no image attached) (Copies have been distributed pursuant to the NEF - PAV) Modified on 5/16/2013 (PAV).
May 16, 2013 Opinion or Order Filing 1026 STIPULATION FOR EXTENSION OF TIME re #984 MOTION to Strike; filed 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)
May 15, 2013 Opinion or Order Filing 1025 STATUS REPORT re: #897 ORDER; filed by Receiver Robb Evans. (Caris, Gary)
May 15, 2013 Opinion or Order Filing 1024 STATUS REPORT re: #897 ORDER; filed by Receiver Robb Evans. (Caris, Gary)
May 15, 2013 Opinion or Order Filing 1023 ORDER granting #913 Motion to Intervene filed by Bank of America. Good cause appearing, and pursuant to LR 7-2(d), it is hereby ordered that Bank of America's unopposed Motion to Intervene #913 is granted. Bank of America is directed to submit a proposed order within 7 days. Signed by Judge Miranda M. Du on 5/14/2013. (Copies have been distributed pursuant to the NEF - PAV)
May 15, 2013 Opinion or Order Filing 1022 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/15/2013. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED: #1016 Stipulation to Extend Time to Respond to FTC's Motion to Strike Certain Defenses is denied for failure to comply with LR 10-6(b). (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 13, 2013 Opinion or Order Filing 1021 REPLY to Response to #946 Emergency Motion for a Limited Stay of Discovery filed by Intervenor United States of America. (Attachments: #1 Exhibit A - Deposition Transcript, #2 Exhibit B - Order - Fed.R.Crim.P. 6(e)(3)(E)(i), #3 Exhibit C - Grand Jury Transcript, #4 Exhibit D - Declaration of John Porter, #5 Exhibit 1 to Exhibit D, #6 Exhibit E - Conditions of Release, #7 Exhibit F - Filed Under Seal, #8 Exhibit G - Subpoena to John Swallow, #9 Exhibit H - District of Utah Docket No. 257, #10 Exhibit I - District of Utah Docket No. 254, #11 Exhibit J - Transcript of Change of Plea Hearing, #12 Exhibit K - Salt Lake Tribune Article - January 12, 2013, #13 Exhibit L - Salt Lake Tribune Article - January 29, 2013, #14 Exhibit M - Salt Lake Tribune Excerpts from Johnson - Swallow Recording)(Swent, Jeannette)
May 13, 2013 Opinion or Order Filing 1019 MEMORANDUM filed by Receiver Robb Evans re #946 Emergency Motion for a Limited Stay of Discovery. Receiver's Statement Concerning Oppositions By Defendants to Intervenor United States of America's Motion for a Limited Stay of Discovery (Caris, Gary)
May 13, 2013 Opinion or Order Filing 1018 MOTION for Hearing on June 3, 2013, re #967 Emergency Motion to Intervene if the Matter is not Resolved Pursuant to LR 78-2 by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. Motion ripe 5/13/2013. (Attachments: #1 Exhibit)(Reynolds, Jacob)
May 13, 2013 Opinion or Order Filing 1017 Unopposed MOTION to Extend Time regarding discovery/nondispositive matter (First Request) re #984 MOTION to Strike Affirmative Defenses in Answers by I Works and Fielding to FAC by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 5/13/2013. (Studebaker, Michael P.)
May 13, 2013 Opinion or Order Filing 1016 STIPULATION FOR EXTENSION OF TIME (First Request) re #984 MOTION to Strike Affirmative Defenses in Answers by I Works and Fielding to FAC ; 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)
May 13, 2013 Opinion or Order Filing 1015 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/13/2013. By Judicial Assistant: Kathy Ryd. IT IS ORDERED that Defendants' Unopposed Motion to Extend Time (dkt. no. 1011) is GRANTED. (Copies have been distributed pursuant to the NEF - KER)
May 10, 2013 Opinion or Order Filing 1014 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/10/2013. By Deputy Clerk: Peggie Vannozzi. Motion Hearing set for 5/28/2013 at 2:30 PM is reset to 6/3/2013 at 10:00 AM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 10, 2013 Opinion or Order Filing 1013 RESPONSE to #911 MOTION to Strike Certain Affirmative Defenses Rasied by the I Works and Muir Defendants, 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Replies due by 5/20/2013. (Riley, Karl)
May 9, 2013 Opinion or Order Filing 1012 CERTIFICATE OF SERVICE for #1011 First UNOPPOSED MOTION Extend Time to Respond to Federal Trade Commission's Motion to Strike iWorks and Muir Defendants' Affirmative Defenses re #911 MOTION to Strike Certain Affirmative Defenses Rasied by the I Works and Muir De 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. (Riley, Karl)
May 9, 2013 Opinion or Order Filing 1011 First UNOPPOSED MOTION Extend Time to Respond to Federal Trade Commission's Motion to Strike iWorks and Muir Defendants' Affirmative Defenses re #911 MOTION to Strike Certain Affirmative Defenses Rasied by the I Works and Muir Defendants 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Motion ripe 5/9/2013. (Riley, Karl)
May 9, 2013 Opinion or Order Filing 1010 TRANSCRIPT of Proceedings, 917 Motion Hearing, held on 3/29/2013, before Magistrate Judge George Foley, Jr. Court Reporter/Transcriber: NW Transcripts, LLC, 208-989-3455. 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 #www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 5/30/2013. Redacted Transcript Deadline set for 6/9/2013. Release of Transcript Restriction set for 8/7/2013. (JPQ)
May 8, 2013 Opinion or Order Filing 1009 MINUTES OF PROCEEDINGS - Motion Hearing held on 5/8/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, Joseph R. Brooke and Jeannette Swent - telephonic appearance by all; Def Counsel: Gary Caris, Joseph Kistler, Jacob Reynolds, Todd Vowell, Jeremy Johnson - telephonic appearance and Duane Fielding - telephonic appearance; Court Reporter/FTR #: 9:34a.m. - 10:29a.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to #968 Emergency Motion for Protective Order. The Court states its findings on the record and denies #968 Emergency Motion for Protective Order and in so doing, the Court lifts the temporary Stay that was imposed after this motion was filed. Mr. Kistler requests a date of compliance with receivers demand of documents, a week from today. Mr. Caris opposes the request. The Court denies Mr. Kistler's oral request. (Copies have been distributed pursuant to the NEF - EMG)
May 6, 2013 Opinion or Order Filing 1008 RESPONSE to #946 Emergency Motion for a Limited Stay of Discovery ; filed by Defendant Scott Leavitt. (MMM)
May 6, 2013 Opinion or Order Filing 1007 REPLY to Response to #967 Emergency MOTION to Intervene Emergency Motion to Intervene Pursuant to FRCP 24 filed by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Omaha Eight, LLC, Online Weight Loss, Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. Reply in Support of Emergency Motion to Intervene Pursuant to FRCP 24 (Doc 967) (Attachments: #1 Exhibit)(Reynolds, Jacob)
May 6, 2013 Opinion or Order Filing 1006 CERTIFICATE of Interested Parties filed by Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Orange Cat Investments, LLC, Zibby Flight Service, LLC, Zibby, LLC. There are no known interested parties other than those participating in the case . (Spencer, Sarah)
May 6, 2013 Opinion or Order Filing 1004 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 5/6/2013. By Judicial Assistant: Julia Wright. RE: #968 Emergency MOTION for Protective Order :Due to a conflict on the court's calendar, the Motion Hearing currently set for May 7, 2013 has been RESCHEDULED for Wednesday, May 8, 2013 at 9:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Out-of-state counsel and parties may appear telephonically. The parties 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. Please contact Elvia Garcia, courtroom deputy, at (702) 464-5430 if you plan to appear telephonically(Copies have been distributed pursuant to the NEF - JBW)
May 3, 2013 Opinion or Order Filing 1005 ORDER for Certificate of Interested Parties. IT IS ORDERED that counsel for Defendants Sharla Johnson, Barbara Johnson, Kerry Johnson, KB Family Limited Partnership, KV Electric, Inc., Orange Cat Investments, LLC, Zibby, LLC and Zibby Flight Service, LLC shall have until 5/13/13 to fully comply with the provisions of Local Rule 7.1-1. Certificate of Interested Parties due by 5/13/2013. Signed by Magistrate Judge George Foley, Jr on 5/3/13. (Copies have been distributed pursuant to the NEF - MMM)
May 3, 2013 Opinion or Order Filing 1003 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 5/3/2013. By Deputy Clerk: Peggie Vannozzi. Motion Hearing set for 5/16/2013 at 1:30 PM is reset to 5/28/2013 02:30 PM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
May 3, 2013 Opinion or Order Filing 1002 ERRATA to #1000 Response to Motion,,,, ; Corrected Exhibit P filed by Defendant Jeremy D. Johnson. (Attachments: #1 Errata Exhibit P)(Johnson, Jeremy)
May 3, 2013 Opinion or Order Filing 1001 ORDER granting #902 Motion for Order Approving and Confirming Sale of Aircraft and for Relief from Local Rule 66-5 Pertaining to Notice to Creditors. See Order for details. Signed by Judge Miranda M. Du on 5/3/13. (Copies have been distributed pursuant to the NEF - EW)
May 2, 2013 Opinion or Order Filing 1000 RESPONSE to #946 Emergency Motion for a Limited Stay of Discovery, filed by Defendant Jeremy D. Johnson. Replies due by 5/12/2013. (Attachments: #1 Exhibit A: Jan 26 Hearing Transcript, #2 Exhibit B: Declaration of Devan Partridge, #3 Exhibit C: Declaration Of Natasha Lee, #4 Exhibit D: Testimony of Jamie Hipwell, #5 Exhibit E: Transcript of 07-28-11 Hearing, #6 Exhibit F: Jamie Hipwell Arrest Warrent:, #7 Exhibit G: 6-15-11 Indictment, #8 Exhibit H: IRS Rules Of Conduct For Criminal Investigation, #9 Exhibit I: Davis County Email Production, #10 Exhibit J: Statement of Detention Officer, #11 Exhibit K: 9-9-11 Transcript, #12 Exhibit L: Collot Guerard Email, #13 Exhibit M: Settlement Agreement Cover Letter, #14 Exhibit N: 7-11-11 Hearing Transcript, #15 Exhibit O: Kerry and Barbara Johnson Search Warrent, #16 Exhibit P: Indictment, #17 Exhibit Q: Proffer Agreement, #18 Exhibit R: Brent Ward Hit List, #19 Exhibit S: Supplemental List, #20 Exhibit T: Brent Ward Plea Deal, #21 Exhibit U: New York Times Article)(Johnson, Jeremy)
May 2, 2013 Opinion or Order Filing 999 RESPONSE to #946 Emergency Motion for a Limited Stay of Discovery, filed 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.. Replies due by 5/12/2013. (Attachments: #1 Exhibit A - Mot & Memo re clarification of deposition no-contact and exhibits, #2 Exhibit B - Order re clarification of no-contact witnesses, #3 Exhibit C - Court Docket)(Porter, Karra)
May 2, 2013 Opinion or Order Filing 998 Emergency MOTION for Clarification of Order re: #897 filed by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. Responses due by 5/19/2013. (Attachments: #1 Exhibit Exhibit A)(Reynolds, Jacob) Modified to add link to order on 5/3/2013. (MAJ)
May 2, 2013 Opinion or Order Filing 997 RESPONSE to #946 Emergency Motion for a Limited Stay of Discovery, 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Replies due by 5/12/2013. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Riley, Karl)
May 2, 2013 Opinion or Order Filing 996 RESPONSE to #946 Emergency Motion for a Limited Stay of Discovery, #947 Emergency Motion for Immediate, Brief Stay of Non-Asset Related, filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Replies due by 5/12/2013. (Studebaker, Michael P.) Modified to remove all caps on 5/3/2013. (MAJ)
May 1, 2013 Opinion or Order Filing 995 REPLY to Response to #968 Emergency MOTION for Protective Order filed by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, Woodsview Holdings, LLC, ePayment Solutions, LLC. Reply in Support of Emergency Motion for Protective Order (Attachments: #1 Exhibit, #2 Exhibit)(Reynolds, Jacob)
May 1, 2013 Opinion or Order Filing 994 RESPONSE to #967 Emergency MOTION to Intervene Emergency Motion to Intervene Pursuant to FRCP 24, filed by Plaintiff Federal Trade Commission. Replies due by 5/11/2013. (Attachments: #1 Exhibit)(Guerard, Collot)
May 1, 2013 Opinion or Order Filing 993 RESPONSE to #967 Emergency MOTION to Intervene Emergency Motion to Intervene Pursuant to FRCP 24, filed by Receiver Robb Evans. Replies due by 5/11/2013. (Caris, Gary)
April 29, 2013 Opinion or Order Filing 992 RESPONSE to #968 Emergency MOTION for Protective Order , filed by Plaintiff Federal Trade Commission. Opposition Replies due by 5/9/2013. (Attachments: #1 Declaration)(Brooke, Joseph)
April 29, 2013 Opinion or Order Filing 991 ORDER ON STIPULATION Granting #985 Stipulation to Reschedule Hearing on #968 Emergency MOTION for Protective Order. Motion Hearing reset for 5/7/2013 03:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Signed by Magistrate Judge George Foley, Jr on 04/29/2013. (Copies have been distributed pursuant to the NEF - AC)
April 29, 2013 Opinion or Order Filing 990 RESPONSE to #968 Emergency MOTION for Protective Order , filed by Intervenor United States of America. Replies due by 5/9/2013. (Attachments: #1 Exhibit A - Letter)(Swent, Jeannette)
April 29, 2013 Opinion or Order Filing 989 ORDER ON STIPULATION Granting #958 Stipulation for Substitution of Counsel. Michael D. Stanger and John P. Aldrich are withdrawn as counsel for Kerry Johnson, Barbara Johnson, and KB Family Limited Partnership. Signed by Magistrate Judge George Foley, Jr on 4/29/2013. (Copies have been distributed pursuant to the NEF - SLR)
April 29, 2013 Opinion or Order Filing 988 AMENDED CERTIFICATE OF SERVICE re: #987 Response to Motion, filed by Receiver Robb Evans. (Caris, Gary)
April 29, 2013 Opinion or Order Filing 987 RESPONSE to #968 Emergency MOTION for Protective Order , filed by Receiver Robb Evans. Replies due by 5/9/2013. (Attachments: #1 Exhibit 1 to Gary Owen Caris Declaration, #2 Exhibit 2 to Gary Owen Caris Declaration, #3 Exhibit 3 to Gary Owen Caris Declaraton, #4 Exhibit 4 to Gary Owen Caris Declaration, #5 Certificate of Service)(Caris, Gary)
April 26, 2013 Opinion or Order Filing 986 REPLY to Response to #966 MOTION to Substitute Attorney filed by Defendant Todd Vowell. (Treu, Matthew)
April 26, 2013 Opinion or Order Filing 985 STIPULATION re #968 Emergency MOTION for Protective Order filed by Receiver Robb Evans. (Caris, Gary)
April 25, 2013 Opinion or Order Filing 984 MOTION to Strike re: Answers; filed by Plaintiff Federal Trade Commission. Responses due by 5/12/2013. (Guerard, Collot)
April 25, 2013 Opinion or Order Filing 983 CERTIFICATE OF SERVICE for #855 Emergency MOTION for Order to Show Cause As to Why Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans and Sharla Johnson should not be held in Contempt of Court for Violations of Preliminary Injunction Order Entered February 10, by Receiver Robb Evans. (Caris, Gary)
April 25, 2013 Opinion or Order Filing 982 ORDER Granting #964 Motion for Order (1) Approving and Confirming Sale of N74367 Helicopter 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 4/25/13. (Copies have been distributed pursuant to the NEF - MMM)
April 25, 2013 Opinion or Order Filing 981 REPLY to Response to #855 Emergency MOTION for Order to Show Cause As to Why Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans and Sharla Johnson should not be held in Contempt of Court for Violations of Preliminary Injunction Order Entered February 10, filed by Receiver Robb Evans. (Attachments: #1 Declaration of Gary Owen Caris, #2 Declaration of Brick Kane)(Caris, Gary)
April 25, 2013 Opinion or Order Filing 980 ORDER Granting #924 Motion for Order (1) Approving And Confirming Sale Of Real Properties (Ephraim And Beryl) And For Related Relief; (2) Approving Receivers Consent To Wind Up Of Brockman Mountain, Llc; And (3) Granting Relief From Local Rule 66-5 Pertaining To Notice To Creditors. Signed by Judge Miranda M. Du on 4/25/13. (Copies have been distributed pursuant to the NEF - MMM)
April 25, 2013 Opinion or Order Filing 979 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/25/2013. By Judicial Assistant: Kathy Ryd. IT IS ORDERED that the Unopposed Motion to Enlarge Time to Answer Amended Complaint (dkt. no. 920) is GRANTED, although counsel is cautioned to comply with Local Rule 6-1(b). (Copies have been distributed pursuant to the NEF - KER)
April 24, 2013 Opinion or Order Filing 978 ORDER for Time Schedule as to #971 Notice of Appeal, filed by Paydirt Properties, LLC, Triple Play Group, LLC, Paydirt, LP, Taggart Management, LLC, Cerberus Management LLC, KATTS, LLC, Powder Monkeys, LLC, ePayment Solutions, LLC, Flying High Enterprises, LLC, Alpha Yankee, LLC, Interstate Lending, LLC, Woodsview Holdings, LLC, Mastery Merchant, LLC, Kingston Enterprises LLC, IC Development, LLC, Summerset Ranch, LLC, Liahona Holdings, LP, C2 Holdings, LLC, Kombi Capital, LP, Choker Block, LLC, Triple Seven Inc., Omaha Eight, LLC, Sheree Vowell, Dreamland Capital, LLC, Silvernix Holdings, LLC, Treadstone Partners, LP, Triple Seven, LLC/LP, Capital Energy Corporation, Flatline Investments, LP, Online Weight Loss, TJJ Properties, LLC, Money Master for Life, Digital Currency, LLC, Paydirt Capital, Inc., Scud Runner, LLC, Paydirt Management, Inc., Commerce Financial, LLC, SRLA, LLC, SRLA Association, LLC, TLV Enterprises, Inc., T. Vowell Sole Propietorship Capital Holding, Executive Service Center, LLC, Market Mastery Trading, LLC, Chateau Circle, LLC. USCA Case Number 13-15822. (MMM)
April 24, 2013 Opinion or Order Filing 977 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/24/2013. By Judicial Assistant: Julia Wright. RE: 975 Minute Order Setting Hearing on Motion: A responsive pleading to the Emergency Motion for Protective Order is due April 29, 2013. A reply is due May 1, 2013.(no image attached) (Copies have been distributed pursuant to the NEF - JBW)
April 24, 2013 Opinion or Order Filing 976 ORDER Granting #966 Motion to Substitute Attorney. Attorney Joseph S. Kistler is substituted in place and stead of Joni A. Jamison and Matthew R. Lewis for Todd and Sheree Vowell and the entities named in the Order. Signed by Magistrate Judge George Foley, Jr on 4/24/13. (Copies have been distributed pursuant to the NEF - MMM)
April 24, 2013 Opinion or Order Filing 975 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/24/2013. By Judicial Assistant: Julia Wright. RE: #968 Emergency MOTION for Protective Order : Motion Hearing set for Friday, May 3, 2013, at 11:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.Out-of-state counsel and parties may appear telephonically. The parties 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. Please contact Elvia Garcia, courtroom deputy, at (702) 464-5430 if you plan to appear telephonically.IT IS ORDERED that all pending discovery against the Todd Vowell Parties are stayed pending a decision on the Emergency Motion for Protective Order. (Copies have been distributed pursuant to the NEF - JBW)
April 24, 2013 Opinion or Order Filing 974 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/24/2013. By Deputy Clerk: Peggie Vannozzi. RE: #967 Emergency MOTION to Intervene Emergency Motion to Intervene Pursuant to FRCP 24, ( Responses due by 5/1/2013. Replies due by 5/6/2013.) (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 24, 2013 Opinion or Order Filing 973 Designation of Transcripts and Transcript Order forms and instructions for #971 Notice of Appeal. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov/Forms.aspx. (MAJ)
April 24, 2013 Opinion or Order Filing 972 NOTICE: Attorney Action Required to #969 NOTICE. ERROR: Wrong event selected by attorney. CORRECTION: Jacob Reynolds refiled document as #971 NOTICE OF APPEAL. (MAJ)
April 24, 2013 Opinion or Order Filing 971 NOTICE OF APPEAL by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingston Enterprises LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Sheree Vowell, ePayment Solutions, LLC, Woodsview Holdings, LLC. Filing fee $ 455, receipt number 0978-2791649. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Reynolds, Jacob)
April 23, 2013 Opinion or Order Filing 970 STATEMENT of Representation Statement filed by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Spindletop Investments, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Sheree Vowell, ePayment Solutions, LLC. (Reynolds, Jacob)
April 23, 2013 Opinion or Order Filing 969 NOTICE Notice of Preliminary Injunction Appeal by Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Spindletop Investments, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, TranFirst, Inc., Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Sheree Vowell, ePayment Solutions, LLC. (Reynolds, Jacob)
April 23, 2013 Opinion or Order Filing 968 Emergency MOTION for Protective Order by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Chateau Circle, LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Spindletop Investments, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Jason Vowell, Sheree Vowell, ePayment Solutions, LLC. Motion ripe 4/23/2013. (Attachments: #1 Exhibit A) (Reynolds, Jacob) Modified on 4/24/2013 (AC).
April 23, 2013 Opinion or Order Filing 967 Emergency MOTION to Intervene Emergency Motion to Intervene Pursuant to FRCP 24 by Defendants Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, Executive Service Center, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, SRLA Association, LLC, SRLA, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Spindletop Investments, LLC, Summerset Ranch, LLC, T. Vowell Sole Propietorship Capital Holding, TJJ Properties, LLC, TLV Enterprises, Inc., Taggart Management, LLC, Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven Inc., Triple Seven, LLC/LP, Sheree Vowell, Todd Vowell, ePayment Solutions, LLC, Chateau Circle, LLC, ePayment Solutions, LLC, Interested Party Liahona Academy for Youth, LLC. Responses due by 5/10/2013. (Attachments: #1 Exhibit A)(Reynolds, Jacob)
April 23, 2013 Opinion or Order Filing 966 MOTION to Substitute Attorney on behalf of Defendants Todd Vowell, Sheree Vowell, Alpha Yankee, LLC, C2 Holdings, LLC, Capital Energy Corporation, Cerberus Management LLC, Choker Block, LLC, Commerce Financial, LLC, Digital Currency, LLC, Dreamland Capital, LLC, ePayment Solutions, LLC, Executive Service Center, LLC, Fishbrook Partners, LLC, Flatline Investments, LP, Flying High Enterprises, LLC, IC Development, LLC, Interstate Lending, LLC, KATTS, LLC, Kingfish Management, LLC, Kombi Capital, LP, Liahona Holdings, LP, Market Mastery Trading, LLC, Mastery Merchant, LLC, Money Master for Life, Omaha Eight, LLC, Online Weight Loss, Paydirt Capital, Inc., Paydirt Management, Inc., Paydirt Properties, LLC, Paydirt, LP, Powder Monkeys, LLC, Scud Runner, LLC, Silvernix Holdings, LLC, Spindletop Investments, LLC, SRLA Association, LLC, SRLA, LLC, Summerset Ranch, LLC, Taggart Management, LLC, TJJ Properties, LLC, TLV Enterprises, Inc., Treadstone Partners, LP, Triple Play Group, LLC, Triple Seven, LLC/LP, Triple Seven Inc., T. Vowell Sole Propietorship Capital Holding, Todd Vowell. Substitution of Counsel (Reynolds, Jacob) Modified event type on 4/24/2013. (MAJ)
April 23, 2013 Opinion or Order Filing 965 NOTICE of Filing of Motion by Robb Evans re #964 MOTION for Order of Sale - Motion for Order (1) Approving and Confirming Sale of N74367 Helicopter and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. (Caris, Gary)
April 23, 2013 Opinion or Order Filing 964 MOTION for Order of Sale - Motion for Order (1) Approving and Confirming Sale of N74367 Helicopter and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Motion ripe 4/23/2013. (Attachments: #1 Declaration Declaration of Kenton Johnson, #2 Proposed Order)(Caris, Gary)
April 22, 2013 Opinion or Order Filing 963 ORDER for Time Schedule as to #960 Notice of Appeal, filed by Anthon Holdings Corp., Network Agenda, LLC, Duane Fielding, SLI, LLC, Iprerogative, LLC, Trigger, LLC, Rotortrends, LLC. USCA Case Number 13-15778. BRIEFING DATES TO BE SET BY A FUTURE COURT ORDER. (MMM)
April 19, 2013 Opinion or Order Filing 962 ORDER for Time Schedule as to #953 Notice of Appeal, filed by Orange Cat Investments, LLC, Zibby, LLC, Sharla Johnson, Zibby Flight Service, LLC. USCA Case Number 13-15768. (MMM)
April 19, 2013 Opinion or Order Filing 961 REPRESENTATION STATEMENT filed by Anthon Holdings Corp., Duane Fielding, Iprerogative, LLC, Network Agenda, LLC, Rotortrends, LLC, SLI, LLC, Trigger, LLC. (Studebaker, Michael P.) Modified docket event type on 4/22/2013. NEF Regenerated. (ASB)
April 19, 2013 Opinion or Order Filing 960 NOTICE OF APPEAL as to #897 Order, by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC, Intervenor Parties Iprerogative, LLC, Rotortrends, LLC, SLI, LLC, Trigger, LLC. Filing fee $ 455, receipt number 0978-2787417. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Studebaker, Michael P.)
April 19, 2013 Opinion or Order Filing 959 Designation of Transcripts and Transcript Order forms and instructions for #953 Notice of Appeal,. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov/Forms.aspx. (ASB)
April 19, 2013 Opinion or Order Filing 958 STIPULATION for Substitution of Counsel by Defendants Barbara Johnson, Kerry Johnson, KB Family Limited Partnership. (Stanger, Michael)
April 19, 2013 Opinion or Order Filing 957 RESPONSE to #930 MOTION to Withdraw as Attorney by Nathan K. Fisher., filed by Receiver Robb Evans. Receiver's Opposition to Motion to Withdraw as Counsel of Record Without Substitution by Nathan K. Fisher as Coounsel For Jason Vowell and Related Entities (Doc. No. 930); Declaration of Gary Owen Caris in Support Thereof Replies due by 4/29/2013. (Attachments: #1 Exhibit 1 and 2)(Caris, Gary)
April 19, 2013 Opinion or Order Filing 956 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/19/2013. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED that the ORDER TO SHOW CAUSE as to Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans, and Sharla Johnson. Show Cause Hearing set for 4/29/2013 02:30 PM is reset to 5/16/2013 01:30 PM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 19, 2013 Opinion or Order Filing 955 ORDER ON STIPULATION re #950 Stipulation for Further Enlargement of Time for Receiver to File Reply to Opposition to Receiver's Motion for Order to Show Cause. Replies to Motion for Order to Show Cause #855 due by 4/25/2013. Signed by Judge Miranda M. Du on 4/18/2013. (Copies have been distributed pursuant to the NEF - PAV)
April 18, 2013 Opinion or Order Filing 954 STATEMENT of Representation re #953 Notice of Appeal, ; by Defendants Sharla Johnson, Orange Cat Investments, LLC, Zibby Flight Service, LLC, Zibby, LLC. (Porter, Karra)
April 18, 2013 Opinion or Order Filing 953 NOTICE OF APPEAL as to #897 Order, by Defendants Sharla Johnson, Orange Cat Investments, LLC, Zibby Flight Service, LLC, Zibby, LLC. Filing fee $ 455, receipt number 0978-2785645. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Porter, Karra)
April 18, 2013 Opinion or Order Filing 952 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/18/2013. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED that RE: 951 Minute Order, Minute Order Setting Hearing is corrected to reflect the correct date for hearing Intervenor's Motion for Stay. Motion Hearing set for 5/16/2013 01:30 PM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 18, 2013 Opinion or Order Filing 951 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/18/2013. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED that #947 Intervenor United States Emergency Motion for Immediate, brief Stay of Non-Asset Related Discovery #946 is granted. All non-asset related discovery is temporarily stayed pending a decision on #946 Motion for Limited Stay of Discovery. A hearing is set on #496 for 4/18/2013 01:30 PM in LV Courtroom 4A before Judge Miranda M. Du. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 17, 2013 Opinion or Order Filing 950 STIPULATION FOR EXTENSION OF TIME (Second Request) for Receiver to File Reply to Opposition to Receiver's Emergency Motion for Order to Show Cause by Receiver Robb Evans. (Caris, Gary)
April 17, 2013 Opinion or Order Filing 949 NON-OPPOSITION to #913 MOTION to Intervene and Request to Release Notice of Lis Pendens filed by Intervenor Defendant Bank of America, N.A.. (Hubley, Gregg)
April 16, 2013 Opinion or Order Filing 948 RESPONSE to #946 MOTION EMERGENCY MOTION FOR A LIMITED STAY OF DISCOVERY , filed by Plaintiff Federal Trade Commission. Replies due by 4/26/2013. (Brooke, Joseph)
April 15, 2013 Opinion or Order Filing 947 MOTION EMERGENCY MOTION FOR IMMEDIATE, BRIEF STAY OF NON-ASSET RELATED re #946 MOTION EMERGENCY MOTION FOR A LIMITED STAY OF DISCOVERY by Intervenor United States of America. Responses due by 5/2/2013. (Attachments: #1 Exhibit)(Swent, Jeannette)
April 15, 2013 Opinion or Order Filing 946 EMERGENCY MOTION for a Limited Stay of Discovery by Intervenor United States of America. Responses due by 5/2/2013. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Swent, Jeannette)
April 15, 2013 Opinion or Order Filing 945 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 4/15/2013. By Deputy Clerk: Peggie Vannozzi. RE: #900 Notice of Corrected Image/Document, #943 Order,, Set/Reset Deadlines. #943 was entered in error. IT IS ORDERED that order #900 stands and #943 is stricken. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
April 12, 2013 Opinion or Order Filing 944 ERROR: Document entered in wrong case. CORRECTION: Document terminated. (1st Notice) NOTICE: of Non-Compliance with Special Order 109 and Attorney Action Required: Attorneys Jay A Ghoreichi and Oscar Garza are in violation of Special Order 109 and Local Rule IA 10-2. After review of the Courts records, there has been no filing of your Verified Petitions which are past due as of 7/31/2010 and that you have not registered for CM/ECF. - PURSUANT TO LOCAL RULE IA 10-2 and Special Order 109: You are required to be admitted in order to practice before this Court as well as register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. - For your convenience, click on the following link to obtain the form from the Court's website - #www.nvd.uscourts.gov/Forms.aspx. - Upon approval of the Verified Petitions attorneys are required to register for the Court's Case Management and Electronic Case Filing (CM/ECF) system and the electronic service of pleadings at the Court's website www.nvd.uscourts.gov. Continued failure to abide by Local Rule 10-2 and Special Order 109 will be brought to the presiding Judges attention for appropriate action. (no image attached) (RFJ) Modified on 4/12/2013 (RFJ).
April 12, 2013 Opinion or Order Filing 943 STRICKEN ORDER Granting #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receiver's Financial Reconstruction and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors After Hearing. Status Report due by 4/18/2013. Signed by Judge Miranda M. Du on 4/11/13. (Copies have been distributed pursuant to the NEF - MMM). Modified event on 4/15/2013 see entry 945 . (MAJ)
April 12, 2013 Opinion or Order NOTICE of Docket Correction to 944 Notice of Non-Compliance with Special Order 109: ERROR: Document entered in wrong case. CORRECTION: Document entered in correct case. Document 944 terminated. (no image attached)(RFJ)
April 11, 2013 Opinion or Order Filing 942 ORDER for Certificate of Interested Parties. IT IS ORDERED that Defendants Sharla Johnson, Barbara Johnson, Kerry Johnson, KB Family Limited Partnership, KV Electric, Inc., Orange Cat Investments, LLC, Zibby, LLC and Zibby Flight Service, LLC shall have a period of 10 calendar days from the filing date of this order within which to fully comply with the provisions of Local Rule 7.1-1. Certificate of Interested Parties due by 4/22/2013. Signed by Magistrate Judge George Foley, Jr on 4/11/13. (Copies have been distributed pursuant to the NEF - MMM)
April 11, 2013 Opinion or Order Filing 941 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 4/11/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, Ron Brooke and Jeannette Swent; Def Counsel: Kelly Macfarlane; Court Reporter/FTR #: 11:04a.m. - 11:34a.m./SEALED: 11:34a.m. - 11:39a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to #929 Emergency Motion for Leave to Monitor Depositions. The Court grants #929 Emergency Motion for Leave to Monitor Depositions, with the understanding that an Assistant United States Attorney(s) will attend and monitor the depositions and if during the deposition the Assistant United States Attorney believes that a question or questions are crossing the line between legitimate civil discovery questions into question intended to conduct discovery in the criminal prosecution, the Assistant United States Attorney may object and may attempt to reach an understanding or agreement with counsel in the depositions to withdraw the question or resolve the issue raised by the Assistant United States Attorney. If the issue cannot then be resolved by agreement of the parties, the Assistant United States Attorney may contact the Court during the deposition to obtain a ruling from the Court and will proceed accordingly. (Copies have been distributed pursuant to the NEF - EMG) Modified to correct docket number on 4/12/2013 (EMG).
April 11, 2013 Opinion or Order Filing 940 ORDER granting #938 Motion for Judicial Notice. Signed by Magistrate Judge George Foley, Jr on April 11, 2013. (Copies have been distributed pursuant to the NEF - JBW)
April 11, 2013 Opinion or Order Filing 939 NOTICE re Upcoming Depositions by Federal Trade Commission. (Guerard, Collot)
April 11, 2013 Opinion or Order Filing 938 MOTION for Judicial Notice - Related to Emergency Motion for Leave to Monitor Depositions by Intervenor United States of America. Responses due by 4/28/2013. (Attachments: #1 Exhibit A)(Swent, Jeannette)
April 11, 2013 Opinion or Order Filing 937 REPLY to Response to #929 MOTION EMERGENCY MOTION FOR LEAVE TO MONITOR DEPOSITIONS filed by Intervenor United States of America. (Attachments: #1 Exhibit A)(Swent, Jeannette)
April 11, 2013 Opinion or Order Filing 936 STIPULATION FOR EXTENSION OF TIME (First Request) re #918 Response to Motion,,, ; for Order to Show Cause by Receiver Robb Evans. (Caris, Gary)
April 10, 2013 Opinion or Order Filing 935 RESPONSE to #929 MOTION EMERGENCY MOTION FOR LEAVE TO MONITOR DEPOSITIONS , filed 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.. Replies due by 4/20/2013. (Attachments: #1 Exhibit A - Motion for Clarification of Order, #2 Exhibit B - Order re Clarification, #3 Exhibit C - First Amended Complaint, #4 Exhibit D - Indictment)(Porter, Karra)
April 10, 2013 Opinion or Order Filing 934 NOTICE of Order Issued in Parallel Criminal Case in District of Utah by United States of America. (Attachments: #1 Exhibit A)(Swent, Jeannette)
April 9, 2013 Opinion or Order Filing 933 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 4/9/2013. By Judicial Assistant: Julia Wright. RE: #929 EMERGENCY MOTION FOR LEAVE TO MONITOR DEPOSITIONS : Motion Hearing set for Thursday, April 11, 2013, at 11:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr.The parties 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 8, 2013 Opinion or Order Filing 932 Mail Returned as Undeliverable re #916 Transcript, addressed to Bryce Payne. No other address available, not re-mailed. (MMM)
April 8, 2013 Opinion or Order Filing 931 REPLY to Response to #886 MOTION to Dismiss 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)
April 8, 2013 Opinion or Order Filing 930 MOTION to Withdraw as Attorney by Nathan K. Fisher. by Defendant Jason Vowell. Motion ripe 4/8/2013. (Treu, Matthew)
April 8, 2013 Opinion or Order Filing 929 MOTION EMERGENCY MOTION FOR LEAVE TO MONITOR DEPOSITIONS by Intervenor United States of America. Responses due by 4/25/2013. (Attachments: #1 Exhibit, #2 Exhibit)(Swent, Jeannette)
April 8, 2013 Opinion or Order Filing 928 Amended ANSWER to #830 Amended Complaint,,,,,,,, filed by 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)
April 5, 2013 Opinion or Order Filing 927 NOTICE OF COMPLIANCE : Notice is hereby given that Christopher Childs is now, and will continue to be, in full compliance with the requirements of Special Order 109 and the Electronic Filing Procedures. (Childs, Christopher)
April 5, 2013 Opinion or Order Filing 926 NOTICE of No Appeal from Denial of Motion for Protective Order by United States of America re 917 Order on Motion for Protective Order,,,,,,,, Motion Hearing,,,,,,,. (Swent, Jeannette)
April 5, 2013 Opinion or Order Filing 925 NOTICE of Filing of Motion by Robb Evans re #924 MOTION for Order of Sale Motion For Order (1) Approving And Confirming Sale Of Real Properties (Ephraim And Beryl) And For Related Relief; (2) Approving Receivers Consent To Wind Up Of Brockman Mountain, Llc; And (3) Granting Relief From Local Rul. (Caris, Gary)
April 5, 2013 Opinion or Order Filing 924 MOTION for Order of Sale Motion For Order (1) Approving And Confirming Sale Of Real Properties (Ephraim And Beryl) And For Related Relief; (2) Approving Receivers Consent To Wind Up Of Brockman Mountain, Llc; And (3) 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. Motion ripe 4/5/2013. (Attachments: #1 Exhibit Exhibits 1-2 to Declaration of Kenton Johnson, #2 Exhibit Exhibits 3-7 to Declaration of Kenton Johnson, #3 Proposed Order)(Caris, Gary)
April 5, 2013 Opinion or Order Filing 923 ORDER that #850 Stipulation to Substitute Attorneys, construed as a Motion to Withdraw, is GRANTED. FURTHER ORDERED that #849 Stipulation to Substitute Attorneys, construed as a Motion to Withdraw, is GRANTED. Signed by Magistrate Judge George Foley, Jr on 4/5/13. (Copies have been distributed pursuant to the NEF - MMM)
April 4, 2013 Opinion or Order Filing 922 ORDER that Attorney Christopher Childs shall register with CM/ECF and a "Notice of Compliance with Special Order 109" shall be completed and filed no later than five (5) days from the date of this Order. Signed by Magistrate Judge George Foley, Jr on 4/3/13. (Copies have been distributed pursuant to the NEF - MMM)
April 4, 2013 Opinion or Order Filing 921 ANSWER to #830 Amended Complaint, filed by Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC.(Studebaker, Michael P.)
April 4, 2013 Opinion or Order Filing 920 Unopposed MOTION to Extend Time re #830 Amended Complaint, filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 4/4/2013. (Attachments: #1 Proposed Order)(Studebaker, Michael P.)
April 2, 2013 Opinion or Order Filing 919 ORDER Granting #851 Motion to Withdraw as Attorney by John Christian Barlow. Signed by Magistrate Judge George Foley, Jr on 4/2/13. (Copies have been distributed pursuant to the NEF - MMM)
April 1, 2013 Opinion or Order Filing 918 RESPONSE to #855 Emergency MOTION for Order to Show Cause As to Why Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans and Sharla Johnson should not be held in Contempt of Court for Violations of Preliminary Injunction Order Entered February 10,, filed 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.. Replies due by 4/11/2013. (Porter, Karra)
April 1, 2013 Opinion or Order Filing 916 TRANSCRIPT of Proceedings, #884 Motion Hearing held on March 19, 2013, before Judge Miranda M. Du. Court Reporter: Katherine 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 < before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/22/2013. Redacted Transcript Deadline set for 5/2/2013. Release of Transcript Restriction set for 6/30/2013. (KE)
March 29, 2013 Opinion or Order Filing 917 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/29/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Alana Kamaka; Pla Counsel: Collot Guerard; Def Counsel: Karl Riley, Karra Porter, Jeremy D. Johnson, Pro Se; Ryan Riddle, Duane Fielding, and Lloyd Johnston; Court Reporter/FTR #: 1:35:15 - 2:10:16; Time of Hearing: 1:35:15 - 2:10:16; Courtroom: 3A; Counsel and the parties are present via telephonic conference call. ORDER denying #893 Emergency MOTION for Protective Order filed by the United States. After conferring with and hearing representations of counsel and the parties, Court stated its findings for the record. IT IS ORDERED the Emergency Motion for Protective Order by Intervenor United States of America #893, is denied.Ms. Swent requested the Court stay the denial of the motion to allow the United States to get a ruling from Judge Du. The Court suggested Ms. Swent file an objection to this Court's Order denying the motion for protective order on an emergency basis with the District Judge and ask for an emergency review of this Court's Order. An objection to the request was made by Ms. Porter who discussed the matter of depositions. If the District Judge does agree to take Ms. Swent's request on an emergency basis, the Court would suggest that none of the 7 depositions be noticed anytime before 4/12/13. Mr. Johnson raised the issue of the limited number of depositions. The Court advised Mr. Johnson that it is hesistant and will take a conservative approach about entering any broad-based orders off the cuff that will impact both this civil case and the pending criminal case in Utah. The Court suggested Mr. Johnson file something in writing with the Court and allow the parties to respond. (Copies have been distributed pursuant to the NEF - AKK)
March 29, 2013 Opinion or Order Filing 915 ORDER Granting #898 Motion to Extend Time to Respond re #855 Emergency MOTION for Order to Show Cause. Responses due by 4/1/2013. Signed by Judge Miranda M. Du on 3/29/13. (Copies have been distributed pursuant to the NEF - MMM)
March 29, 2013 Opinion or Order Filing 914 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 3/29/2013. By Deputy Clerk: Alana Kamaka. RE: #893 Emergency MOTION for Protective Order. On 3/26/13, counsel was instructed to call this Court's Courtroom Administrator, Elvia Garcia, if more than five phone lines were needed for todays 1:30 p.m telephonic conference. There has been no response. Since it is possible that there will be more than five callers for today's telephonic conference hearing, an extended conference line has been obtained to allow for 11 calls. Therefore, the parties are now instructed to call 702-464-5625. No access code is required. Please contact Alana Kamaka at 702-464-5435, should there be any questions or concerns. (no image attached) (Copies have been distributed pursuant to the NEF - AKK) Modified on 3/29/2013 re: access code (AKK).
March 28, 2013 Opinion or Order Filing 913 MOTION to Intervene filed by Intervenor Defendant Bank of America, N.A.. Responses due by 4/14/2013. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Hubley, Gregg)
March 28, 2013 Opinion or Order Filing 912 STATEMENT of Receiver and Loyd Johnston Concerning Johnston's Home by Receiver Robb Evans. (Caris, Gary)
March 28, 2013 Opinion or Order Filing 911 MOTION to Strike re: #874 ANSWER and #879 ANSWER by Plaintiff Federal Trade Commission. Responses due by 4/14/2013. (Guerard, Collot) Modified on 3/29/2013 (RFJ).
March 28, 2013 Opinion or Order Filing 910 RESPONSE to #886 MOTION to Dismiss , filed by Plaintiff Federal Trade Commission. Replies due by 4/7/2013. (Attachments: #1 Exhibit)(Guerard, Collot)
March 27, 2013 Opinion or Order Filing 909 ORDER that #883 Motion for Protective Order is GRANTED in part and DENIED in part. FURTHER ORDERED that #880 Motion for Protective Order is GRANTED in part and DENIED in part. FURTHER ORDERED that #876 Motion for Hearing is DENIED as moot. Signed by Magistrate Judge George Foley, Jr on 3/27/13. (Copies have been distributed pursuant to the NEF - MMM)
March 26, 2013 Opinion or Order Filing 908 ORDER Granting 892 Motion for Filing Under Seal. Signed by Magistrate Judge George Foley, Jr on 3/26/13. (Copies have been distributed pursuant to the NEF - MMM)
March 26, 2013 Opinion or Order Filing 907 (2nd Notice) NOTICE: of Non-Compliance with Special Order 109: that Christopher Childs is in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Continued failure to abide by Special Order 109 will be brought to the Judges attention for appropriate action. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s).(no image attached) (RFJ)
March 26, 2013 Opinion or Order Filing 906 (1st Notice) NOTICE: of Non-Compliance with Special Order 109: that Curtis M Jensen and V. Lowry Snow are in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s).(no image attached) (RFJ)
March 26, 2013 Opinion or Order Filing 905 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 3/26/2013. By Judicial Assistant: Julia Wright. RE: #893 Emergency MOTION for Protective Order : A Telephonic Motion Hearing is set for Friday, March 29, 2013, at 1:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. The parties 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)
March 26, 2013 Opinion or Order Filing 904 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 3/26/2013. By Deputy Clerk: Peggie Vannozzi. IT IS ORDERED: Counsel shall comply with Local Rules 6-1 and 6-2 when they submit stipulations for extension of time. Counsel are further advised that Joint Motions signed by all relevant parties should be filed as Stipulations and Orders and not as motions. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
March 26, 2013 Opinion or Order Filing 903 NOTICE of Filing of Motion by Robb Evans re #902 MOTION for Order of Sale - Motion for Order (1) Approving and Confirming Sale of Aircraft and for Related Relief; and (2) Granting Relief from Local 66-5 Pertaining to Notice to Creditors. (Caris, Gary)
March 26, 2013 Opinion or Order Filing 902 MOTION for Order of Sale - Motion for Order (1) Approving and Confirming Sale of Aircraft and for Related Relief; and (2) Granting Relief from Local 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Motion ripe 3/26/2013. (Attachments: #1 Declaration Declaration of Kenton Johnson, #2 Proposed Order)(Caris, Gary)
March 26, 2013 Opinion or Order Filing 901 TRANSCRIPT of Proceedings, 807 Motion Hearing, held on 2/11/2013, before Magistrate Judge George Foley, Jr. Court Reporter/Transcriber: NW Transcripts, LLC, 208-989-3455. 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 #www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 4/16/2013. Redacted Transcript Deadline set for 4/26/2013. Release of Transcript Restriction set for 6/24/2013. (JPQ)
March 25, 2013 Opinion or Order Filing 900 NOTICE of Corrected Image/Document re #897 Order, (Service of corrected image is attached). (PAV)
March 25, 2013 Opinion or Order Filing 899 REPLY to Response to #893 Emergency MOTION for Protective Order filed by Intervenor United States of America. (Swent, Jeannette)
March 25, 2013 Opinion or Order Filing 898 MOTION to Extend Time regarding discovery/nondispositive matter (First Request) re #855 Emergency MOTION for Order to Show Cause As to Why Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans and Sharla Johnson should not be held in Contempt of Court for Violations of Preliminary Injunction Order Entered February 10, 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.. Motion ripe 3/25/2013. (Attachments: #1 Proposed Order Proposed Order)(Porter, Karra)
March 25, 2013 Opinion or Order Filing 897 ORDER Granting #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 filed by Robb Evans. Signed by Judge Miranda M. Du on 3/22/13. (Copies have been distributed pursuant to the NEF - MMM) (Main Document #897 replaced on 3/25/2013) (PAV).
March 25, 2013 Opinion or Order Filing 896 RESPONSE to #893 Emergency MOTION for Protective Order , filed by Plaintiff Federal Trade Commission. Replies due by 4/4/2013. (Guerard, Collot)
March 24, 2013 Opinion or Order Filing 895 RESPONSE to #893 Emergency MOTION for Protective Order , filed 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.. Replies due by 4/3/2013. (Attachments: #1 Exhibit Exhibit 1)(Porter, Karra)
March 22, 2013 Opinion or Order Filing 893 Emergency MOTION for Protective Order by Intervenor United States of America. Motion ripe 3/22/2013. (Attachments: #1 Exhibit A, #2 Exhibit B - Filed Under Seal, #3 Exhibit C, #4 Exhibit D - Court Docket 196 Minute Entry, #5 Exhibit E, #6 Exhibit F - Filed Under Seal, #7 Exhibit G - Filed Under Seal)(Swent, Jeannette)
March 22, 2013 Opinion or Order Filing 891 Submission of PROPOSED ORDER on #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 ; filed by Receiver Robb Evans. Corrected Proposed Order (Caris, Gary)
March 22, 2013 Opinion or Order Filing 890 NOTICE Lodgment of Corrected Proposed Order Granting Motion for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receiver's Financial Reconstruction and Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors After Hearing by Robb Evans re #584 Notice (Other). (Attachments: #1 Exhibit, #2 Certificate of Service)(Caris, Gary)
March 22, 2013 Opinion or Order Filing 889 Submission of PROPOSED ORDER on #584 Notice (Other) ; filed by Receiver Robb Evans. Granting Motion for Order Clarifying Preliminary Injunction Order and For Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receiver's Financial Reconstruction and Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors After Hearing (Attachments: #1 Exhibit, #2 Certificate of Service)(Caris, Gary)
March 22, 2013 Opinion or Order Filing 888 NOTICE of Lodgment of [Proposed] Order Granting Motion for Order Clarifying Preliminary Injunction order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receiver's Financial Reconstruction and Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors after Hearing by Robb Evans re #584 Notice (Other). (Attachments: #1 Proposed Order, #2 Exhibit A to Proposed Order, #3 Certificate of Service)(Caris, Gary)
March 21, 2013 Opinion or Order Filing 887 MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #886 MOTION to Dismiss : Opposition due fourteen (14) days from the date of this Minute Order, and reply due seven (7) days after the filing of the opposition. Signed by Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - MAJ)
March 20, 2013 Opinion or Order Filing 886 MOTION to Dismiss 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. Responses due by 4/6/2013. Certificate of Interested Parties due by 3/30/2013. Discovery Plan/Scheduling Order due by 5/4/2013. (Attachments: #1 Exhibit Exhibit A - District of Utah Docket Report, #2 Exhibit Exhibit B-1 District of Utah Notices of Filing of Lis Pendens, #3 Exhibit Exhibit B-2 District of Utah Notices of Filing of Lis Pendens)(Spencer, Sarah)
March 19, 2013 Opinion or Order Filing 885 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/19/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard and Jeanette Swent; Def Counsel: Loyd Johnston, Pro Se, Reza Sina and Phillip Lowry; Court Reporter/FTR #: 10:50a.m. - 11:21a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to #876 FTC's Emergency Motion for Telephone Hearing Re: Motion for Protective Order to be filed by Defendant Loyd Johnston and #880 Motion for Protective Order. The Court advises counsel, it would be appropriate to have Mr. Johnston's criminal defense counsel present at the deposition in his civil case, as stated on the record. Plaintiffs' counsel advises the Court that she will contact Mr. Johnston's criminal defense counsel to see if she can be present at the deposition, as stated on the record. The Court will stay the taking of Mr. Leavitt's deposition until he has an opportunity to be represented and confer with counsel representing him in the criminal case, as stated on the record. The Court will issue a written order.(no image attached) (Copies have been distributed pursuant to the NEF - EMG)
March 19, 2013 Opinion or Order Filing 884 MINUTES OF PROCEEDINGS - Motion Hearing held on 3/19/2013 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard & Joseph Brooke; Receiver's Counse; Gary Caris & Lesley Hawes Def Counsel: Jeremy Johnson (Pro Se); Troy Wallin (for Defendant Mountain Financial); Jennifer Hargis (for Defendant Scott Muir); Michael Studebaker (for Fielding defendants and proposed intervenors Iprerogative and Rotortrends); V. Lowry Snow (for interested parties Executive Auto Group, et al); Matthew Lewis (for Todd Vowell entities) Nathan Fisher (for Jason Vowell entities); Karra Porter & Sarah Spencer (For Sharla Johnson related entities); Court Reporter/FTR #: Kathy Eismann; Time of Hearing: 1:35 PM - 4:10 PM; Courtroom: 4A; Brick Kane and Tiffany Chung are present as Receiver's representatives. The Court gives its tentative ruling and asks counsel to orally supplement their briefs instead of reiterating arguments from the briefs. Mr. Caris advises the Court that he and Mr. Snow met prior to Court and have reached an interim 60 day resolution between Receiver and the entities represented by Mr. Snow. Mr. Caris, Mr. Studebaker, Mr. Lewis, Mr. Fisher, Mr. Wallin, Ms. Porter, Mr. Jeremy Johnson and Ms. Guerard present arguments. Recess 3:15 PM to 3:33 PM. Mr. Caris presents rebuttal argument. The Court will allow Receiver's counsel and Mr. Fisher to meet and confer to attempt to reach a resolution between Receiver and the Mountain Financial entities. Receiver is directed to file a status report after the conference, advising whether a resolution could be reached. If no resolution is reached, Receiver has 15 days from the filing of the status report to file a supplemental motion and Mountain Financial/Andreas will have 15 days to file a response brief. No reply will be needed. The Court makes findings for the record and GRANTS #580 Motion for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans as outlined in open court. The Court directs Receiver to submit a proposed order to the Court. (Copies have been distributed pursuant to the NEF - PAV)
March 19, 2013 Opinion or Order Filing 882 RESPONSE to #880 MOTION for Protective Order ; Declaration of Theodore Monroe, filed by Plaintiff Federal Trade Commission. Replies due by 3/29/2013. (Guerard, Collot)
March 19, 2013 Opinion or Order Filing 881 RESPONSE to #883 L Johnston Motion for Protective Order filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit)(Guerard, Collot)
March 19, 2013 Opinion or Order Filing 880 MOTION for Protective Order ; Declaration of Theodore Monroe by Defendant Scott Leavitt. Motion ripe 3/19/2013. (Sina, Reza)
March 18, 2013 Opinion or Order Filing 883 MOTION for Protective Order by Defendant Loyd Johnston. Motion ripe 3/18/2013. (MMM)
March 18, 2013 Opinion or Order Filing 879 ANSWER to #830 Amended Complaint,,,,,,,, filed by 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)
March 18, 2013 Opinion or Order Filing 878 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 3/18/2013. By Judicial Assistant: Julia Wright. RE: #876 Emergency MOTION for Hearing (Telephone) on Defendant's Not-Yet-Filed Motion for Protective Order : A Telephonic Motion Hearing is set for Tuesday, March 19, 2013, at 10:45 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. The parties 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.(Copies have been distributed pursuant to the NEF - JBW)
March 18, 2013 Opinion or Order Filing 877 NOTICE of Appearance by attorney Matthew W. Treu on behalf of Defendant Jason Vowell. (Treu, Matthew)
March 18, 2013 Opinion or Order Filing 876 Emergency MOTION for Hearing (Telephone) on Defendant's Not-Yet-Filed Motion for Protective Order by Plaintiff Federal Trade Commission. Motion ripe 3/18/2013. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Guerard, Collot)
March 18, 2013 Opinion or Order Filing 875 ERRATA to #869 Response to Objection to Report and Recommendation ; filed 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)
March 14, 2013 Opinion or Order Filing 874 ANSWER to #830 Amended Complaint,,,,,,,, filed by 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..(Riley, Karl)
March 14, 2013 Opinion or Order Filing 873 ORDER that #569 Motion to Remain in Home is DENIED. The parties are ordered to confer and file a joint statement within fourteen (14) days of the date of this Order detailing their positions on this matter. FURTHER ORDERED that #626 the Vowell Entities' Motion for Leave to File in Excess of Page Limitations is GRANTED. FURTHER ORDERED that #633 the Fielding Defendants' Motion to Join Request to Lift Stay is DENIED as moot. FURTHER ORDERED that #634 Iprerogative, LLC and Rotortrends, LLC's Motion to Intervene is GRANTED for the limited purpose of contesting the Receivers Motion for Order Clarifying Preliminary Injunction. FURTHER ORDERED that #663 SLI, LLC and Trigger, LLC's Motion to Intervene is GRANTED for the limited purpose of contesting the Receiver's Motion for Order Clarifying Preliminary Injunction. FURTHER ORDERED that #706 Cache Valley Bank's Motion to Intervene is DENIED as moot. Signed by Judge Miranda M. Du on 3/14/13. (Copies have been distributed pursuant to the NEF - MMM)
March 14, 2013 Opinion or Order Filing 872 NOTICE of Correction by Federal Trade Commission re #869 Response to Objection to Report and Recommendation. (Brooke, Joseph)
March 14, 2013 Opinion or Order Filing 871 JOINDER to #810 MOTION to Dismiss ; filed by Defendants Blue Streak Processing, Inc., Business First, Inc., CPA Upsell, Inc., Cold Bay Media, Inc., Diamond J Media, Inc., EBusiness Success, Inc., Funding Success, Inc., Hooper Processing, Inc., Internet Fitness, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Commerce, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Revive Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., eCom Success, Inc.. (Porter, Karra)
March 13, 2013 Opinion or Order Filing 870 REQUEST for Judicial Notice re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 ; by Interested Party Todd L Vowell. (Attachments: #1 Exhibit Verified Claim of Robb Evans, #2 Exhibit Memorandum of Law in Support of Government's Motion to Strike the Claim of Robb Evans, #3 Exhibit Opposition to Plaintiff's Motion to Strike the Claim of Robb Evans, #4 Exhibit Reply Memorandum of Law in Further Support of Government's Motion to Strike the Claim of Robb Evans, #5 Exhibit Surreply to Reply Memorandum of Law in Further Support of Government's Motion to Strike the Claim of Robb Evans)(Lewis, Matthew)
March 12, 2013 Opinion or Order Filing 869 RESPONSE to Objection to #803 Report and Recommendation by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration, #2 Exhibit)(Brooke, Joseph)
March 11, 2013 Opinion or Order Filing 868 REPLY to Response to #810 MOTION to Dismiss filed by Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. (Attachments: #1 Exhibit 1 - First Amended Complaint, #2 Exhibit 2 - Relevant Quotations from Plaintiff's First Amended Complaint)(Porter, Karra)
March 11, 2013 Opinion or Order Filing 867 ORDER ON STIPULATION Granting #862 Stipulation to Extend Deadlines. Discovery due by 5/2/2013. Motions due by 8/19/2013. Proposed Joint Pretrial Order due by 9/5/2013. Signed by Magistrate Judge George Foley, Jr on 3/11/13. (Copies have been distributed pursuant to the NEF - MMM)
March 11, 2013 Opinion or Order Filing 866 ORDER Granting #861 Motion to Withdraw Stipulation and Order for Extension of Time. FURTHER ORDERED that #863 and #865 Scheduling Orders are withdrawn. Signed by Magistrate Judge George Foley, Jr on 3/11/13. (Copies have been distributed pursuant to the NEF - MMM)
March 11, 2013 Opinion or Order Filing 865 WITHDRAWN per #866 ORDER (MMM) ORDER ON STIPULATION Granting #860 Stipulation to Extend Discovery Deadlines. Discovery due by 5/2/2013. Motions due by 8/19/2013. Proposed Joint Pretrial Order due by 9/5/2013. Signed by Magistrate Judge George Foley, Jr on 3/10/13. (Copies have been distributed pursuant to the NEF - MMM)
March 11, 2013 Opinion or Order Filing 864 ORDER granting #688 Motion for Attorney Fees filed by the Receiver. See order for specifics. Signed by Judge Miranda M. Du on 3/11/2013. (Copies have been distributed pursuant to the NEF - PAV)
March 11, 2013 Opinion or Order Filing 863 WITHDRAWN per #866 ORDER (MMM) SCHEDULING ORDER Granting #860 Stipulation for Extension of Time to Complete Discovery. Discovery due by 5/2/2013. Motions due by 8/19/2013. Proposed Joint Pretrial Order due by 9/5/2013. Signed by Magistrate Judge George Foley, Jr on 03/10/2013. (Copies have been distributed pursuant to the NEF - AC)
March 11, 2013 Opinion or Order Filing 862 STIPULATION FOR EXTENSION OF TIME (Second Request) TO COMPLETE DISCOVERY 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. (Hargis, Jennifer)
March 11, 2013 Opinion or Order Filing 861 MOTION to Withdraw #860 Stipulation 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Motion ripe 3/11/2013. (Hargis, Jennifer)
March 8, 2013 Opinion or Order Filing 860 STIPULATION FOR EXTENSION OF TIME (Second Request) Stipulation and Order for Extension of Time to Complete Discovery (2nd Request) by Plaintiff Federal Trade Commission. (Hargis, Jennifer)
March 7, 2013 Opinion or Order Filing 859 REPLY to Response to #799 MOTION for Sanctions re Discovery Against Jeremy Johnson filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Brooke, Joseph)
March 7, 2013 Opinion or Order Filing 858 ORDER TO SHOW CAUSE as to Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans, and Sharla Johnson. Show Cause Hearing set for 4/29/2013 02:30 PM in LV Courtroom 4A before Judge Miranda M. Du. Signed by Judge Miranda M. Du on 3/7/13. (Copies have been distributed pursuant to the NEF - MMM)
March 7, 2013 Opinion or Order Filing 857 REPLY to Response to #855 Emergency MOTION for Order to Show Cause As to Why Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans and Sharla Johnson should not be held in Contempt of Court for Violations of Preliminary Injunction Order Entered February 10, filed by Receiver Robb Evans. (Caris, Gary)
March 7, 2013 Opinion or Order Filing 856 OBJECTION to #855 Emergency MOTION for Order to Show Cause As to Why Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans and Sharla Johnson should not be held in Contempt of Court for Violations of Preliminary Injunction Order Entered February 10, ; AND REQUEST FOR NORMAL BRIEFING SCHEDULE filed 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)
March 7, 2013 Opinion or Order Filing 855 Emergency MOTION for Order to Show Cause As to Why Christensen & Jensen, P.C., Karra Porter, Kelly Macfarlane, Scott Evans and Sharla Johnson should not be held in Contempt of Court for Violations of Preliminary Injunction Order Entered February 10, 2011 by Receiver Robb Evans. Motion ripe 3/7/2013. (Attachments: #1 Declaration of Brick Kane, #2 Exhibit 1 to Kane Declaration, #3 Exhibit 2 to Kane Declaration, #4 Exhibit 3 to Kane Declaration, #5 Exhibit 4 to Kane Declaration, #6 Exhibit 5 to Kane Declaration, #7 Exhibit 6 to Kane Declaration, #8 Declaration of Gary Owen Caris, #9 Exhibit 1 to Caris Declaration, #10 Exhibit 2 to Caris Declaration, #11 Exhibit 3 to Caris Declaration, #12 Exhibit 4 to Caris Declaration, #13 Exhibit 5 to Caris Declaration, #14 Exhibit 6 to Caris Declaration, #15 Exhibit 7 to Caris Declaration, #16 Proposed Order, #17 Certificate of Service)(Caris, Gary)
March 7, 2013 Opinion or Order Filing 854 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 3/7/2013. By Deputy Clerk: Peggie Vannozzi. RE: #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 Motion Hearing set for 3/19/2013 01:30 PM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
March 6, 2013 Opinion or Order Filing 853 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 3/6/2013. By Deputy Clerk: Dan Hill. RE: #850 Notice of Change of Attorney, #849 Notice of Change of Attorney. The Court hereby construes #849 Substitution of Attorney and #850 Substitution of Attorney as Motions to Withdraw as Counsel for Defendant Scott Leavitt. Any oppositions shall be filed no later than March 21, 2013. Any reply shall be filed no later than April 1, 2013. (no image attached) (Copies have been distributed pursuant to the NEF - DJH)
March 4, 2013 Opinion or Order Filing 851 MOTION to Withdraw as Attorney by John Christian Barlow. by Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Simcor Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 3/4/2013. (Attachments: #1 Proposed Order)(Barlow, John)
March 4, 2013 Opinion or Order Filing 850 STIPULATION to Substitute Attorneys; filed by Defendant Scott Leavitt. (Sina, Reza) Wrong event selected by attorney, event modified on 3/4/2013 (RFJ).
March 4, 2013 Opinion or Order Filing 849 STIPULATION to Substitute Attorneys; filed by Defendant Scott Leavitt. (Sina, Reza) Wrong event selected by attorney, event modified on 3/4/2013 (RFJ).
March 1, 2013 Opinion or Order Filing 852 ORDER Denying #557 Motion for Summary Judgment. Signed by Judge Miranda M. Du on 3/1/13. (Copies have been distributed pursuant to the NEF - MMM)
March 1, 2013 Opinion or Order Filing 848 ORDER Denying without prejudice #844 Notice of Change of Attorney filed by Scott Leavitt. Signed by Magistrate Judge George Foley, Jr on 3/1/13. (Copies have been distributed pursuant to the NEF - EDS)
March 1, 2013 Opinion or Order Filing 847 ORDER Granting #843 Substitution of Plaintiff Scott Leavitt in place and stead of Attorney Reza Sina. Signed by Magistrate Judge George Foley, Jr on 3/1/13. (Copies have been distributed pursuant to the NEF - EDS)
March 1, 2013 Opinion or Order Filing 846 ORDER Denying without prejudice #845 Notice of Change of Attorney filed by Scott Leavitt. Signed by Magistrate Judge George Foley, Jr on 3/1/13. (Copies have been distributed pursuant to the NEF - EDS)
February 28, 2013 Opinion or Order Filing 845 NOTICE of Change of Attorney on behalf of Defendant Scott Leavitt. (Sina, Reza)
February 28, 2013 Opinion or Order Filing 844 NOTICE of Change of Attorney on behalf of Defendant Scott Leavitt. (Sina, Reza)
February 28, 2013 Opinion or Order Filing 843 NOTICE of Change of Attorney on behalf of Defendant Scott Leavitt. (Sina, Reza)
February 27, 2013 Opinion or Order Filing 842 RESPONSE to #810 MOTION to Dismiss, filed by Plaintiff Federal Trade Commission. Replies due by 3/9/2013. (Guerard, Collot)
February 27, 2013 Opinion or Order Filing 841 CERTIFICATE OF SERVICE for #836 Notice and #837 Motion for Order by Receiver Robb Evans. (Caris, Gary)
February 26, 2013 Opinion or Order Filing 840 CERTIFICATE OF SERVICE for #832 Objection to Report and Recommendation, 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. (Riley, Karl)
February 26, 2013 Opinion or Order Filing 839 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 2/26/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, Dotan Weinman and Janice Kopec; Def Counsel: Karl Riley; Court Reporter/FTR #: 2:09p.m. - 2:24p.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to the no-contact order. Plaintiff's counsel advises the Court that they are proceeding with the depositions and addresses the extension of all deadlines in the current scheduling order by four (4) weeks. Defense counsel requests an order clarifying the wording of the no-contact list and of the minute order dated February 1, 2013. The Court advises Plaintiff's counsel to provide the no-contact list as stated on the record. Plaintiff's counsel addresses the Notice of Urgent Issue re Jeremy Johnson #833 , as stated on the record. The Court advises counsel that a minute order will be issued for Mr. Jeremy Johnson, instructing him of what needs to be submitted to Federal Trade Commission's counsel. The Court advises counsel to submit an amended stipulation and order for extension of discovery as stated on the record.(no image attached) (Copies have been distributed pursuant to the NEF - EMG)
February 26, 2013 Opinion or Order Filing 838 APPENDIX of Exhibits in Support of #837 MOTION for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from June 1, 2012 Through December 31, 2012; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; filed by Receiver Robb Evans. (Attachments: #1 Appendix Vol. 2, #2 Appendix Vol. 3, #3 Appendix Vol. 4, #4 Certificate of Service)(Caris, Gary)
February 26, 2013 Opinion or Order Filing 837 MOTION for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from June 1, 2012 Through December 31, 2012; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 3/15/2013. (Attachments: #1 Declaration GARY OWEN CARIS, #2 Declaration BRICK KANE, #3 Certificate of Service, #4 Exhibit 1 to Brick Kane Declaration, #5 Proposed Order)(Caris, Gary)
February 26, 2013 Opinion or Order Filing 836 NOTICE of Filing of #837 Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from June 1, 2012 Through December 31, 2012; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice of Creditors by Robb Evans. (Caris, Gary)
February 26, 2013 Opinion or Order Filing 835 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 2/26/2013. By Deputy Clerk: E. Garcia. Mr. Jeremy Johnson is directed to email his written discovery responses, answers to interrogatories, responses to request for admissions and responses to request for production of documents to the Federal Trade Commission's counsel by 5:00 p.m. Pacific Time on February 26, 2013.(no image attached) (Copies have been distributed pursuant to the NEF - EMG)
February 26, 2013 Opinion or Order Filing 834 RESPONSE to #833 FTC notice of urgent issue re Jeremy Johnson February 28 deposition filed by Defendant Jeremy D. Johnson. Replies due by 3/8/2013. (Johnson, Jeremy)
February 25, 2013 Opinion or Order Filing 833 NOTICE of Urgent Issue re Jeremy Johnson February 28 Deposition by Federal Trade Commission. (Attachments: #1 A, #2 B)(Weinman, Dotan)
February 25, 2013 Opinion or Order Filing 832 OBJECTION to #803 Report and Recommendation 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., Mist Marketing, Inc., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. Response to Objections to R&R due by 3/14/2013. (Riley, Karl)
February 25, 2013 Opinion or Order Filing 831 Summons Issued as to Barbara Johnson, Kerry Johnson, Sharla Johnson, KB Family Limited Partnership, KV Electric, Inc., Orange Cat Investments, LLC, Zibby Flight Service, LLC, Zibby, LLC. (MAJ)
February 25, 2013 Opinion or Order Filing 830 AMENDED COMPLAINT First against Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Barbara Johnson, Jeremy D. Johnson, Kerry Johnson, Loyd Johnston, KB Family Limited Partnership, Scott Leavitt, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Sharla Johnson, KV Electric, Inc., Zibby, LLC, Zibby Flight Service, LLC, Orange Cat Investments, LLC, filed by Federal Trade Commission. Adds new parties. Proof of service due by 6/25/2013. (Attachments: #1 Summons Barbara Johnson, #2 Summons KB Family Limited Partnership, #3 Summons Kerry Johnson, #4 Summons KV Electric, Inc., #5 Summons Orange Cat Investments, LLC, #6 Summons Sharla Johnson, #7 Summons Zibby Flight Service, LLC, #8 Summons Zibby, LLC, #9 Certificate of Service) (Brooke, Joseph)
February 25, 2013 Opinion or Order Filing 829 ORDER Granting #820 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Sarah Spencer for Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., and Success Marketing, Inc. and approving Designation of Local Counsel for Attorney Gregory A. Miles. Signed by Judge Miranda M. Du on 2/25/2013. 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 - SLR)
February 24, 2013 Opinion or Order Filing 828 RESPONSE to #799 MOTION for Sanctions re Discovery Against Jeremy Johnson, filed by Defendant Jeremy D. Johnson. Replies due by 3/6/2013. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Johnson, Jeremy)
February 23, 2013 Opinion or Order Filing 827 OBJECTION to #803 Report and Recommendation 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.. Response to Objections to R&R due by 3/12/2013. (Porter, Karra)
February 23, 2013 Opinion or Order Filing 826 NOTICE of Appearance by attorney Karl O Riley on behalf of 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., Scott Muir, Net Discounts, Inc., Optimum Assistance, Inc., Razor Processing, Inc., Simcor Marketing, Inc.. (Riley, Karl)
February 23, 2013 Opinion or Order Filing 825 NOTICE of 2/22/13 (revised) "No Contact" Order in Defendant Jeremy Johnson's Criminal Matter by Federal Trade Commission. (Attachments: #1 2/22/13 No Contact Order)(Weinman, Dotan)
February 22, 2013 Opinion or Order Filing 824 ORDER Granting #786 Plaintiff's Motion for Leave to File First Amended Complaint. IT IS FURTHER ORDERED that Plaintiff shall file the proposed First Amended Complaint (Doc. #786 , Exh. 1) within 10 days of the date of this Order. Signed by Magistrate Judge George Foley, Jr on 02/22/2013. (Copies have been distributed pursuant to the NEF - AC)
February 21, 2013 Opinion or Order Filing 823 NOTICE of Appearance by attorney Karra J Porter on behalf of 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)
February 20, 2013 Opinion or Order Filing 821 NOTICE re Minute Entry in USA v. Jeremy Johnson by Federal Trade Commission. (Attachments: #1 Attachment, #2 Attachment)(Guerard, Collot)
February 20, 2013 Opinion or Order Filing 820 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Sarah Spencer and DESIGNATION of Local Counsel Gregory A. Miles (Filing fee $ 200 receipt number 0978-2710618) filed by Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. Motion ripe 2/20/2013. (Miles, Gregory)
February 19, 2013 Opinion or Order Filing 822 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 2/19/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Collot Guerard, Janice Kopec and Joseph Brook; Def Counsel: Michael Studebaker, Jeremy Johnson, Pro Se, Ryan Riddle, Pro Se, Kelly McFarlane and Karl O'Riley; Court Reporter/FTR #: 4:04p.m. - 4:41p.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to discovery. The Court advises counsel that before the depositions go forward, the effort should be made to get clarification or modification of the no-contact order that permits the parties to go forward. These depositions should be postponed at least this week, not taken this week while the United States Attorney and the criminal defense attorney in the Utah criminal action attempt to obtain clarification or modification of the no-contact order. Counsel is to file with the Court, the no-contact order, as stated on the record. Telephonic Status Conference set for Tuesday, February 26, 2013 at 2:00 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr..The parties are instructed to call telephone number: (702) 868-4910, password 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. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
February 19, 2013 Opinion or Order Filing 819 ORDER Granting #809 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Phillip E. Lowry, Jr for Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc. and approving Designation of Local Counsel for Attorney Gregory A. Miles. Signed by Judge Miranda M. Du on 2/11/2013. 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 - SLR)
February 19, 2013 Opinion or Order Filing 818 REPLY to Response to #790 MOTION to Order Receiver to Segregate Encumbered Assets and Funds filed by Interested Party Todd L Vowell. (Lewis, Matthew)
February 19, 2013 Opinion or Order Filing 817 REPLY to Response to #811 MOTION for Leave to File filed by Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. (Porter, Karra)
February 15, 2013 Opinion or Order Filing 816 RESPONSE to #811 MOTION for Leave to File, filed by Plaintiff Federal Trade Commission. Replies due by 2/25/2013. (Kopec, Janice)
February 14, 2013 Opinion or Order Filing 815 ORDER Granting #767 Motion For An Order Approving Settlement Agreement With Cache Valley Bank And For Limited Notice Under Local Rule 66-5 If Applicable. Signed by Judge Miranda M. Du on 2/14/13. (Copies have been distributed pursuant to the NEF - MMM)
February 14, 2013 Opinion or Order Filing 814 REPLY to Response to #786 MOTION to Amend/Correct Complaint re #42 Complaint,,,,,,,. filed by Plaintiff Federal Trade Commission. (Kopec, Janice)
February 12, 2013 Opinion or Order Filing 813 ORDER Granting #804 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Kelly H Macfarlane and approving Designation of Local Counsel Gregory Miles for Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. Signed by Judge Miranda M. Du on 2/12/13. 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 - MMM)
February 12, 2013 Opinion or Order Filing 812 ORDER Granting #805 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Karra J Porter and approving Designation of Local Counsel Gregory Miles for Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. Signed by Judge Miranda M. Du on 2/12/13. 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 - MMM)
February 12, 2013 Opinion or Order Notice of Docket Correction to #811 MOTION for Leave to File, #810 MOTION to Dismiss : ERROR: All defendants not listed, by attorney Scott T. Evans . CORRECTION: Court modified text to add defendant I Works, Inc. (no image attached)(RFJ)
February 11, 2013 Opinion or Order Filing 811 MOTION for Leave to File re: #786 MOTION to Amend; filed by Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc. and I Works, Inc.. Motion ripe 2/11/2013. (Attachments: #1 Exhibit A - Memorandum, #2 Proposed Order Proposed Order)(Evans, Scott) Text modified to reflect all defendants on 2/12/2013 (RFJ).
February 11, 2013 Opinion or Order Filing 810 MOTION to Dismiss filed by Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc., and I Works, Inc.. Responses due by 2/28/2013. (Evans, Scott) Text modified to reflect all defendants on 2/12/2013 (RFJ).
February 11, 2013 Opinion or Order Filing 809 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Phillip E. Lowry, Jr. and DESIGNATION of Local Counsel Gregory A. Miles (Filing fee $ 200 receipt number 0978-2702236) filed by Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. Motion ripe 2/11/2013. (Miles, Gregory)
February 11, 2013 Opinion or Order Filing 808 ERRATA re #804 VERIFIED PETITION filed by Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc. (Miles, Gregory)
February 11, 2013 Opinion or Order Filing 807 MINUTES OF PROCEEDINGS - Motion Hearing held on 2/11/2013 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Janice Kopec; Def Counsel: Jeremy D. Johnson, Pro Se, Andy Johnson, Pro Se, Kara Porter and Scott Evans; Court Reporter/FTR #: 9:09a.m. - 9:28a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to #792 Plaintiff's Emergency Motion to Compel Jeremy Johnson to Appear for a Deposition. The Court grants #792 Pliantiff's Emergency Motion to Compel Jeremy Johnson to Appear for a Deposition, as stated on the record. (Copies have been distributed pursuant to the NEF - EMG)
February 11, 2013 Opinion or Order Filing 806 ERRATA re #805 VERIFIED PETITION; filed by Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc. (Miles, Gregory)
February 8, 2013 Opinion or Order Filing 805 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Karra J. Porter and DESIGNATION of Local Counsel Gregory A. Miles (Filing fee $ 200 receipt number 0978-2700576) filed by Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. Motion ripe 2/8/2013. (Miles, Gregory)
February 8, 2013 Opinion or Order Filing 804 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Kelly H. Macfarlane and DESIGNATION of Local Counsel Gregory A. Miles (Filing fee $ 200 receipt number 0978-2700542) filed by Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. Motion ripe 2/8/2013. (Miles, Gregory)
February 8, 2013 Opinion or Order Filing 803 REPORT AND RECOMMENDATION to GRANT #785 MOTION for Sanctions, filed by Federal Trade Commission. Objections to R&R due by 2/25/2013 Signed by Magistrate Judge George Foley, Jr on 2/8/13. (Copies have been distributed pursuant to the NEF - MMM)
February 8, 2013 Opinion or Order Filing 802 NOTICE of Appearance by attorney Gregory A. Miles on behalf of Defendants Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. (Miles, Gregory)
February 8, 2013 Opinion or Order Filing 801 RESPONSE to #792 Emergency MOTION to Compel Jeremy Johnson to Appear for a Deposition, filed by Defendant Jeremy D. Johnson. Replies due by 2/18/2013. (Johnson, Jeremy)
February 8, 2013 Opinion or Order Filing 800 ORDER Granting #794 Motion for Instructions Concerning Receiver's Investigation of Records of Kerry Johnson and Barbara Johnson and Their Entities Under Preliminary Injunction Order Entered February 10, 2011. Signed by Judge Miranda M. Du on 2/8/13. (Copies have been distributed pursuant to the NEF - MMM)
February 7, 2013 Opinion or Order Filing 799 MOTION for Sanctions re Discovery Against Jeremy Johnson by Plaintiff Federal Trade Commission. Responses due by 2/24/2013. (Attachments: #1 Declaration, #2 Proposed Order)(Brooke, Joseph)
February 6, 2013 Opinion or Order Filing 798 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 2/6/2013. By Judicial Assistant: Julia Wright. RE: #792 Plaintiff's Emergency MOTION to Compel Jeremy Johnson to Appear for a Deposition : Motion Hearing set for Monday, February 11, 2013, at 9:00 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. The parties are to appear telephonically. The parties 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.Defendant Johnson shall file a responsive pleading no later than Friday, February 8, 2013. (Copies have been distributed pursuant to the NEF - JBW)
February 6, 2013 Opinion or Order Filing 796 MOTION to Seal Confidential Declaration of Gary Owen Caris in support of Motion for Instructions Concerning Receiver's Investigation of Records of Kerry Johnson and Barbara Johnson and their Entities Under Preliminary Injunction Order Entered February 10, 2011 by Receiver Robb Evans. Motion ripe 2/6/2013. (Attachments: #1 Declaration of Gary Owen Caris, #2 Proposed Order, #3 Certificate of Service)(Caris, Gary)
February 6, 2013 Opinion or Order Filing 795 DECLARATION re #794 Emergency MOTION For Instructions Concerning Receiver's Investigation of Records of Kerry Johnson and Barbara Johnson and their Entities Under Preliminary Injunction Order Entered February 10, 2011 ; by Receiver Robb Evans. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Certificate of Service)(Caris, Gary)
February 6, 2013 Opinion or Order Filing 794 Emergency MOTION For Instructions Concerning Receiver's Investigation of Records of Kerry Johnson and Barbara Johnson and their Entities Under Preliminary Injunction Order Entered February 10, 2011 by Receiver Robb Evans. Responses due by 2/23/2013. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Proposed Order, #6 Certificate of Service, #7 Declaration Confidential - Sealed)(Caris, Gary)
February 6, 2013 Opinion or Order Filing 793 RESPONSE to #790 MOTION to Order Receiver to Segregate Encumbered Assets and Funds, filed by Receiver Robb Evans. Replies due by 2/16/2013. (Attachments: #1 Declaration, #2 Exhibit 1, #3 Exhibit 2, #4 Certificate of Service)(Caris, Gary)
February 5, 2013 Opinion or Order Filing 792 Emergency MOTION to Compel Jeremy Johnson to Appear for a Deposition by Plaintiff Federal Trade Commission. Responses due by 2/22/2013. (Attachments: #1 Declaration of FTC Counsel, #2 Proposed Order)(Guerard, Collot)
February 4, 2013 Opinion or Order Filing 791 RESPONSE to #786 MOTION to Amend/Correct Complaint re #42 Complaint,,,,,,,., filed by Defendant Jeremy D. Johnson. Replies due by 2/14/2013. (Johnson, Jeremy)
January 24, 2013 Opinion or Order Filing 790 MOTION to Order Receiver to Segregate Encumbered Assets and Funds by Interested Party Todd L Vowell. Responses due by 2/10/2013. (Lewis, Matthew)
January 24, 2013 Opinion or Order Filing 789 ORDER Granting #777 Motion to Compel Jeremy Johnson to Respond to Written Discovery. FURTHER ORDERED that Defendant Jeremy Johnson shall respond to Plaintiffs written discovery requests no later than January 30, 2013. Signed by Magistrate Judge George Foley, Jr on 1/24/13. (Copies have been distributed pursuant to the NEF - MMM)
January 22, 2013 Opinion or Order Filing 788 Mail Returned as Undeliverable re #783 Order on Mandate addressed to Christopher Childs. #783 Order on Mandate re-mailed to: 901 N. Green Valley Parkway, Suite 150, Henderson, NV 89074. (AC)
January 22, 2013 Opinion or Order Filing 787 NOTICE of Appearance by attorney John P. Aldrich on behalf of Objectors Barbara Johnson, Kerry Johnson, KB Family Limited Partnership. (Aldrich, John)
January 18, 2013 Opinion or Order Filing 786 MOTION to Amend/Correct Complaint re #42 Complaint,,,,,,,. by Plaintiff Federal Trade Commission. Responses due by 2/4/2013. (Attachments: #1 Exhibit)(Brooke, Joseph)
January 15, 2013 Opinion or Order Filing 785 MOTION for Sanctions Discovery and Non Discovery by Plaintiff Federal Trade Commission. Responses due by 2/1/2013. (Attachments: #1 Declaration, #2 Proposed Order)(Brooke, Joseph)
January 8, 2013 Opinion or Order Filing 784 Mail Returned as Undeliverable re #778 Order on Motion to Compel addressed to Attorney Tara-Lynn Adams. No other address available, not remailed. (MMM)
January 8, 2013 Opinion or Order Filing 783 ORDER on Mandate as to #781 USCA Order DISMISSING #573 Notice of Appeal filed by Jeremy D. Johnson. Signed by Judge Miranda M. Du on 1/7/13. (MMM)
January 4, 2013 Opinion or Order Filing 780 ORDER Granting #772 Motion to Compel Loyd Johnston to Respond to Written Discovery. Responses due by January 11, 2013. Signed by Magistrate Judge George Foley, Jr on 1/4/2013. (Copies have been distributed pursuant to the NEF - SLR)
January 4, 2013 Opinion or Order Filing 779 ORDER Granting #773 Motion to Compel to Compel Andy Johnson to Respond to Written Discovery. Responses due by January 11, 2013. Signed by Magistrate Judge George Foley, Jr on 1/4/2013. (Copies have been distributed pursuant to the NEF - SLR)
January 4, 2013 Opinion or Order Filing 778 ORDER Granting #774 Motion to Compel Ryan Riddle to Respond to Written Discovery. Responses due by 1/11/2013. Signed by Magistrate Judge George Foley, Jr on 1/4/2013. (Copies have been distributed pursuant to the NEF - SLR)
January 4, 2013 Opinion or Order Filing 777 MOTION to Compel Jeremy Johnson to Respond to Discovery by Plaintiff Federal Trade Commission. Responses due by 1/21/2013. (Attachments: #1 Affidavit Declaration of C. Guerard, #2 Exhibit, #3 Proposed Order)(Brooke, Joseph)
December 27, 2012 Opinion or Order Filing 776 STANDING ORDER. Signed by Judge Miranda M. Du on 12/18/2012. (Copies have been distributed pursuant to the NEF - AC)
December 20, 2012 Opinion or Order Filing 781 ORDER of USCA, Ninth Circuit, as to #573 Notice of Appeal filed by Jeremy D. Johnson. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to pay the docketing/filing fees and to file the opening brief in this case. This order served on the district court shall constitute the mandate of this court. (MMM)
December 17, 2012 Opinion or Order Filing 775 REPLY to Response to #743 MOTION to Lift Stay re #722 Order on Motion to Stay, MOTION to Lift Stay re #722 Order on Motion to Stay, filed by Interested Party Todd L Vowell. (Attachments: #1 Exhibit Declaration of Chad A. Hester)(Lewis, Matthew)
December 13, 2012 Opinion or Order Filing 774 MOTION to Compel Ryan Riddle to Respond to Discovery by Plaintiff Federal Trade Commission. Responses due by 12/30/2012. (Attachments: #1 Exhibit 1 Written Discovery to Ryan Riddle, #2 Exhibit 2 Declaration of FTC Counsel, #3 Proposed Order)(Guerard, Collot)
December 13, 2012 Opinion or Order Filing 773 MOTION to Compel Andy Johnson to Respond to Discovery by Plaintiff Federal Trade Commission. Responses due by 12/30/2012. (Attachments: #1 Exhibit 1 Written Discovery to Andy Johnson, #2 Exhibit 2 Declaration of FTC Counsel, #3 Proposed Order)(Guerard, Collot)
December 13, 2012 Opinion or Order Filing 772 MOTION to Compel Loyd Johnston to Respond to Discovery by Plaintiff Federal Trade Commission. Responses due by 12/30/2012. (Attachments: #1 Exhibit Written Discovery, #2 Exhibit Declaration of FTC Counsel, #3 Proposed Order)(Guerard, Collot)
December 5, 2012 Opinion or Order Filing 771 Mail Returned as Undeliverable re #765 Order on Motion, #764 Order, #766 Order on Motion to Compel, addressed to Attorney Tara-Lynn Adams. No other address available, not remailed. (MMM)
December 3, 2012 Opinion or Order Filing 770 ORDER ON STIPULATION Granting #769 Stipulation to Extend Time to Reply re #743 MOTION to Lift Stay re #722 Order on Motion to Stay. Replies due by 12/15/2012. Signed by Judge Miranda M. Du on 12/3/12. (Copies have been distributed pursuant to the NEF - MMM)
December 2, 2012 Opinion or Order Filing 769 STIPULATION FOR EXTENSION OF TIME (First Request) re #743 MOTION to Lift Stay re #722 Order on Motion to Stay, MOTION to Lift Stay re #722 Order on Motion to Stay, ; by Interested Party Todd L Vowell. (Lewis, Matthew)
November 29, 2012 Opinion or Order Filing 768 NOTICE Of Filing Of Motion For Order Approving Settlement Agreement With Cache Valley Bank And For Limited Notice Under Local Rule 66-5 If Applicable by Robb Evans re #767 MOTION Notice Of Motion And Motion For Order Approving Settlement Agreement With Cache Valley Bank And For Limited Notice Under Local Rule 66-5 If Applicable; Memorandum Of Points And Authorities And Declaration Of Kenton Johnson In Support Thereof. (Caris, Gary)
November 29, 2012 Opinion or Order Filing 767 MOTION For Order Approving Settlement Agreement With Cache Valley Bank And For Limited Notice Under Local Rule 66-5 If Applicable; Memorandum Of Points And Authorities And Declaration Of Kenton Johnson In Support Thereof by Receiver Robb Evans. Responses due by 12/16/2012. (Attachments: #1 Proposed Order)(Caris, Gary)
November 27, 2012 Opinion or Order Filing 766 ORDER Granting #735 Motion to Compel I Works to Respond to Interrogatories. FURTHER ORDERED that #763 Motion to Attend by Telephone the Hearing on the FTC's Motion to Compel Set for November 30, 2012 is DENIED, as moot. Signed by Judge Miranda M. Du on 11/27/12. (Copies have been distributed pursuant to the NEF - MMM)
November 27, 2012 Opinion or Order Filing 765 ORDER Granting #747 Motion for Order Approving Settlement Agreement with John Hafen, Lilhaf Holdings, LLC, Lilhaf Properties LLC and Tiburon Holdings, LLC and for Limited Notice under Local Rule 66-5 if applicable. Signed by Judge Miranda M. Du on 11/26/12. (Copies have been distributed pursuant to the NEF - MMM)
November 27, 2012 Opinion or Order Filing 764 ORDER (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from February 1, 2012 through May 31, 2012; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 11/26/12. (Copies have been distributed pursuant to the NEF - MMM)
November 27, 2012 Opinion or Order Filing 763 MOTION To attend hearing by telephone re 740 Minute Order Setting Hearing on Motion, To Compel (DE 735) by Plaintiff Federal Trade Commission. Responses due by 12/14/2012. (Guerard, Collot)
November 19, 2012 Opinion or Order Filing 762 NOTICE OF ENTRY OF ORDER Granting Receiver's Ex Parte Application to Seal Exhibit 1 to Receiver's Opposition to Motion to Lift Stay by Robb Evans re #760 Order on Ex Parte Motion,,,. (Caris, Gary)
November 19, 2012 Opinion or Order Filing 761 NOTICE Of Lodgment Of [Proposed] Order (1) Approving And Authorizing Payment Of Receivers And Professionals Fees And Expenses From February 1, 2012 Through May 31, 2012; And (2) Granting Relief From Local Rule 66-5 Pertaining To Notice To Creditors by Robb Evans re #688 MOTION for Order RE: Payment of Receiver AND MOTION RE: Relief from Local Rule 66-5 Pertaining to Notice of Creditors. (Attachments: #1 Proposed Order)(Caris, Gary)
November 19, 2012 Opinion or Order Filing 760 ORDER Granting #759 Ex Parte Motion to Seal Exhibit 1 to #758 Response to Motion and that Exhibit A attached to this Order be substituted in its place. Signed by Judge Miranda M. Du on 11/19/12. (Attachments: #1 Exhibit A)(Copies have been distributed pursuant to the NEF - MMM)
November 16, 2012 Opinion or Order Filing 759 EX PARTE MOTION to Seal Exhibit 1 to Receiver's Opposition to Motion to Lift Stay Imposed in September 28th Order [Doc 743] by Receiver Robb Evans. Motion ripe 11/16/2012. (Attachments: #1 Proposed Order, #2 Exhibit Exhibit A to Proposed Order)(Caris, Gary)
November 15, 2012 Opinion or Order Filing 758 RESPONSE to #743 MOTION to Lift Stay re #722 Order on Motion to Stay, MOTION to Lift Stay re #722 Order on Motion to Stay,, filed by Receiver Robb Evans. Receivers Opposition To Motion To Lift Stay Imposed In September 28th Order [Doc. No. 743]; Declaration Of Gary Owen Caris In Support Thereof Replies due by 11/25/2012. (Attachments: #1 Exhibit 1 - SEALED per #760 Order)(Caris, Gary) #2 Exhibit A - Added per #760 Order ) (MMM).
November 15, 2012 Opinion or Order Filing 757 NOTICE of Second Phony Order by Federal Trade Commission. (Attachments: #1 Exhibit Second Phony Order)(Brooke, Joseph)
November 13, 2012 Opinion or Order Filing 756 Mail Returned as Undeliverable re #753 Order on Motion for Order of Sale addressed to Attorney Tara-Lynn Adams. No other address available, not remailed. (MMM)
November 8, 2012 Opinion or Order Filing 755 NOTICE of Appearance by attorney John P. Aldrich on behalf of Defendant New Horizon Finance, Inc. (Aldrich, John)
November 8, 2012 Opinion or Order Filing 754 RESPONSE TO ORDER TO SHOW CAUSE by Defendant New Horizon Finance, Inc.. (Aldrich, John)
November 7, 2012 Opinion or Order Filing 753 ORDER Granting #732 Motion for Order of Sale of Real Property and Related Relief. Signed by Judge Miranda M. Du on 11/6/12. (Copies have been distributed pursuant to the NEF - MMM)
November 6, 2012 Opinion or Order Filing 750 ORDER that the Clerk remove Fitness For Life, Inc. as a party in this case. Signed by Magistrate Judge George Foley, Jr on 11/6/12. (Copies have been distributed pursuant to the NEF - MMM)
November 5, 2012 Opinion or Order Filing 751 ORDER of USCA, Ninth Circuit, as to #528 Notice of Appeal filed by Jeremy D. Johnson. This appeal is dismissed for failure to file the opening brief on appeal. This order served on the district court shall constitute the mandate of this court. (MMM)
November 5, 2012 Opinion or Order Filing 749 NOTICE by Federal Trade Commission re #737 Order to Show Cause,. (Brooke, Joseph)
November 5, 2012 Opinion or Order Filing 748 NOTICE Of Filing Of Receivers Motion For Order Approving Settlement Agreement With John Hafen, Lilhaf Holdings, Llc, Lilhaf Properties Llc And Tiburon Holdings, Llc And For Limited Notice Under Local Rule 66-5 If Applicable by Robb Evans. (Caris, Gary)
November 5, 2012 Opinion or Order Filing 747 MOTION Notice Of Motion And Motion For Order Approving Settlement Agreement With John Hafen, Lilhaf Holdings, Llc, Lilhaf Properties Llc And Tiburon Holdings, Llc And For Limited Notice Under Local Rule 66-5 If Applicable; Memorandum Of Points And Authorities And Declaration Of Gary Owen Caris In Support Thereof by Receiver Robb Evans. Responses due by 11/22/2012. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Caris, Gary)
October 31, 2012 Opinion or Order Filing 746 NOTICE OF RELATED CASES 2:12-cv-01860 and 2:12-cv-01053. (SRK)
October 30, 2012 Opinion or Order Filing 745 NOTICE of Appearance by attorney Jennifer R. Hargis on behalf of Defendant Scott Muir. (Hargis, Jennifer)
October 29, 2012 Opinion or Order Filing 744 NOTICE of Appearance by attorney Karl O Riley on behalf of Defendant Scott Muir. (Riley, Karl)
October 29, 2012 Opinion or Order Filing 743 MOTION to Lift Stay re #722 Order on Motion to Stay, by Interested Party Todd L Vowell. Motion ripe 10/29/2012. (Attachments: #1 Exhibit Murdock Complaint, #2 Exhibit Lee Black Deposition Transcript, #3 Exhibit CFTC v. Lake Shore, #4 Exhibit SEC v. Kirkland)(Lewis, Matthew)
October 25, 2012 Opinion or Order Filing 742 (1st Notice) NOTICE: of Non-Compliance with Special Order 109: that Christopher Childs and Tara-Lynn Adams are in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorneys. (ASB)
October 25, 2012 Opinion or Order Filing 741 ORDER TO SHOW CAUSE. Defendant New Horizon Finance, Inc., shall show cause, in writing, no later than November 5, 2012, why sanctions should not be imposed for the failure to retain local counsel. Show Cause Response due by 11/5/2012. Signed by Magistrate Judge George Foley, Jr on 10/25/2012. (Copies have been distributed pursuant to the NEF - EDS)
October 25, 2012 Opinion or Order Filing 740 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 10/25/2012. By Judicial Assistant: Julia Wright. RE: #735 FTC's MOTION to Compel I Works to Respond to Interrogatories : Motion Hearing set for Friday, November 30, 2012, at 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. (Copies have been distributed pursuant to the NEF - JBW)
October 25, 2012 Opinion or Order Filing 739 ORDER TO SHOW CAUSE. Defendant Lifestyles For Fitness, Inc., shall show cause, in writing, no later than November 5, 2012, why sanctions should not be imposed for the failure to retain local counsel. Signed by Magistrate Judge George Foley, Jr on 10/25/2012. (Copies have been distributed pursuant to the NEF - SLR)
October 25, 2012 Opinion or Order Filing 738 ORDER TO SHOW CAUSE. Defendant Corporations shall show cause, in writing, no later than 11/5/2012, why sanctions should not be imposed for the failure to comply with #692 Court's Order to retain local counsel. Signed by Magistrate Judge George Foley, Jr on 10/25/2012. (Copies have been distributed pursuant to the NEF - EDS)
October 25, 2012 Opinion or Order Filing 737 ORDER TO SHOW CAUSE. Defendant Fitness for Life, Inc., shall show cause, in writing, no later than November 5, 2012, why sanctions should not be imposed for the failure to retain local counsel. Signed by Magistrate Judge George Foley, Jr on 10/25/2012. (Copies have been distributed pursuant to the NEF - SLR) (Main Document 737 replaced on 10/25/2012) (SLR).
October 24, 2012 Opinion or Order Filing 736 ORDER Granting #723 Motion to Withdraw as Attorney for Jason Vowell and the Jason Vowell Corporations by Theadore J Besen. FURTHER ORDERED that the Clerk shall direct notice of further proceedings to Jason Vowell, 491 North Bluff Street, St. George, UT 84770. Signed by Magistrate Judge George Foley, Jr on 10/24/12. (Copies have been distributed pursuant to the NEF - MMM)
October 24, 2012 Opinion or Order Filing 735 MOTION to Compel I Works to Respond to Interrogatories by Plaintiff Federal Trade Commission. Responses due by 11/10/2012. (Attachments: #1 Exhibit Ex. 1 Affidavit by FTC Counsel, #2 Exhibit Ex. 2 FTC Interrogatories to I Works, #3 Proposed Order)(Guerard, Collot)
October 12, 2012 Opinion or Order Filing 734 NOTICE OF FILING OF MOTION by Robb Evans re #732 MOTION for Order of Sale of Real Property, Piper Navajo and Related Relief. (Caris, Gary)
October 12, 2012 Opinion or Order Filing 733 REQUEST for Judicial Notice re #732 MOTION for Order of Sale of Real Property, Piper Navajo and Related Relief ; by Receiver Robb Evans. (Caris, Gary)
October 12, 2012 Opinion or Order Filing 732 MOTION for Order of Sale of Real Property, Piper Navajo and Related Relief by Receiver Robb Evans. Motion ripe 10/12/2012. (Attachments: #1 Exhibit Exhibits 1-2 in Support of Kenton Johnson Declaration, #2 Exhibit Exhibits 3-6 in Support of Kenton Johnson Declaration, #3 Proposed Order)(Caris, Gary)
October 11, 2012 Opinion or Order Filing 731 NOTICE Of Entry Of (1) Order Approving Stipulation Regarding Arvin Lee Black, Jr. And Sole Group Llc Litigation; And (2) Order Granting Motion For Order Staying Certain Counterclaims In Utah State Court Action by Robb Evans re #686 Order on Stipulation, #722 Order on Motion to Stay,. (Caris, Gary)
October 9, 2012 Opinion or Order Filing 730 NOTICE of Change of Name of Law Firm by Mountain Financial, LLC. (Wallin, Troy)
October 4, 2012 Opinion or Order Filing 729 ORDER Granting #694 Motion for Order (1) Approving and Confirming Sale of Aircraft and for Related Relief; (2) Authorizing Receiver to List and Offer for Sale Aircraft; and (3) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 10/4/12. (Copies have been distributed pursuant to the NEF - MMM)
October 4, 2012 Opinion or Order Filing 728 ORDER ON STIPULATION Granting #724 Stipulation to Withdraw #708 Memorandum. (See Order for Details). Signed by Judge Miranda M. Du on 10/4/12. (Copies have been distributed pursuant to the NEF - MMM)
October 4, 2012 Opinion or Order Filing 727 ORDER ON STIPULATION Granting #726 Stipulation to Extend Time to Reply re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66. Replies due by 10/25/2012. Signed by Judge Miranda M. Du on 10/4/12. (Copies have been distributed pursuant to the NEF - MMM)
October 3, 2012 Opinion or Order Filing 726 STIPULATION FOR EXTENSION OF TIME (Third Request) re #580 MOTION for Order; filed by Receiver Robb Evans. (Howard, Randolph)
October 3, 2012 Opinion or Order Filing 725 NOTICE of Corrected Image/Document re #724 Stipulation, by Receiver Robb Evans. (Service of corrected image is attached). (Caris, Gary)
October 3, 2012 Opinion or Order Filing 724 STIPULATION re #708 Memorandum; by Receiver Robb Evans. (Caris, Gary) Corrected image #725 added on 10/3/2012 (RFJ).
October 2, 2012 Opinion or Order Filing 723 MOTION to Withdraw as Attorney by Theadore J. Besen. by Defendant Wealth Matters LLC. Motion ripe 10/2/2012. (Besen, Theadore)
September 28, 2012 Opinion or Order Filing 722 ORDER Granting #719 Motion to Stay Certain Counterclaims in Utah State Court Action. (See Order for details). Signed by Judge Miranda M. Du on 9/28/12. (Copies have been distributed pursuant to the NEF - MMM)
September 25, 2012 Opinion or Order Filing 721 NOTICE re #719 MOTION to Stay; filed by Receiver Robb Evans. (Caris, Gary)
September 25, 2012 Opinion or Order Filing 720 REQUEST for Judicial Notice re #719 MOTION to Stay filed by Receiver Robb Evans (Caris, Gary)
September 25, 2012 Opinion or Order Filing 719 MOTION to Stay filed by Receiver Robb Evans. Motion ripe 9/25/2012. (Attachments: #1 Declaration Declaration of Brick Kane, #2 Exhibit Exhibit 1 to Declaration of Brick Kane, #3 Proposed Order)(Caris, Gary)
September 21, 2012 Opinion or Order Filing 718 Mail Returned as Undeliverable re #713 Order on Stipulation, addressed to Tara-Lynn Adams. No other address available, not remailed. (MMM)
September 20, 2012 Opinion or Order Filing 717 ORDER ON STIPULATION Granting #716 Stipulation to Extend Time to Reply re #694 Third Omnibus MOTION for Order of Sale. Replies due by 10/4/2012. Signed by Judge Miranda M. Du on 9/20/12. (Copies have been distributed pursuant to the NEF - MMM)
September 20, 2012 Opinion or Order Filing 716 STIPULATION FOR EXTENSION OF TIME (First Request) re #694 Third Omnibus MOTION for Order of Sale by Receiver Robb Evans. (Caris, Gary)
September 18, 2012 Opinion or Order Filing 715 RESPONSE to #688 MOTION for Order RE: Payment of Receiver AND MOTION RE: Relief from Local Rule 66-5 Pertaining to Notice of Creditors, filed by Plaintiff Federal Trade Commission. Replies due by 9/28/2012. (Brooke, Joseph)
September 17, 2012 Opinion or Order Filing 714 TRANSCRIPT of Proceedings, 702 Motion Hearing, held on 09/10/2012, before Judge Miranda M. Du. Court Reporter: Ellen Ford (702)366-0635. 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 either from Ellen Ford or through PACER. Redaction Request due 10/8/2012. Redacted Transcript Deadline set for 10/18/2012. Release of Transcript Restriction set for 12/16/2012. (Ford, Ellen)
September 14, 2012 Opinion or Order Filing 713 ORDER ON STIPULATION Granting #712 Stipulation to Extend Time to Reply re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66. Replies due by 10/4/2012. Signed by Judge Miranda M. Du on 9/13/12. (Copies have been distributed pursuant to the NEF - MMM)
September 13, 2012 Opinion or Order Filing 712 STIPULATION FOR EXTENSION OF TIME (Second Request) re: #580 MOTION for Order Clarifying Preliminary Injunction Order ; filed by Receiver Robb Evans. (Caris, Gary) Added docket entry relationship on 9/14/2012 (RFJ).
September 13, 2012 Opinion or Order Filing 711 REPLY to Response to #694 MOTION for Order of Sale filed by Receiver Robb Evans. (Hawes, Lesley)
September 12, 2012 Opinion or Order Filing 710 ORDER Granting #692 Motion to Withdraw as Attorney. Adriana Pereyra withdrawn as Designated Resident Nevada Counsel of Record. The Defendant Corporations shall have until 10/10/12 to retain local counsel to represent them. Signed by Magistrate Judge George Foley, Jr on 9/12/12. (Copies have been distributed pursuant to the NEF - MMM)
September 12, 2012 Opinion or Order Filing 709 ORDER ON STIPULATION Granting #704 Stipulation to Extend Time to Respond re #688 MOTION for Order RE: Payment of Receiver AND MOTION RE: Relief from Local Rule 66-5 Pertaining to Notice of Creditors. Responses due by 9/17/2012. Signed by Judge Miranda M. Du on 9/11/12. (Copies have been distributed pursuant to the NEF - MMM)
September 11, 2012 Opinion or Order Filing 708 WITHDRAWN per #728 ORDER (MMM) MEMORANDUM re #696 MOTION; filed by Intervenor Cache Valley Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bullen, Linda)
September 11, 2012 Opinion or Order Filing 707 MEMORANDUM re: #706 MOTION to Intervene; filed by Intervenor Cache Valley Bank. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Bullen, Linda)
September 11, 2012 Opinion or Order Filing 706 MOTION to Intervene filed by Intervenor Cache Valley Bank. Responses due by 9/28/2012. (Bullen, Linda)
September 11, 2012 Opinion or Order Filing 705 NOTICE of Appearance filed by attorney Linda M. Bullen on behalf of Intervenor Cache Valley Bank. (Bullen, Linda)
September 10, 2012 Opinion or Order Filing 704 STIPULATION FOR EXTENSION OF TIME (First Request) re #688 MOTION for Order RE: Payment of Receiver AND MOTION RE: Relief from Local Rule 66-5 Pertaining to Notice of Creditors ; by Plaintiff Federal Trade Commission. (Brooke, Joseph)
September 10, 2012 Opinion or Order Filing 703 ORDER Granting #677 Motion for Order (1) Approving and Confirming Sale of Real Property and for Related Relief; (2) Authorizing Receiver to Abandon Peps I Houseboat; and (3) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Miranda M. Du on 9/10/12. (Copies have been distributed pursuant to the NEF - MMM)
September 10, 2012 Opinion or Order Filing 702 MINUTES OF PROCEEDINGS - Motion Hearing held on 9/10/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard & J. Ron Brooke; Def Counsel: Jeremy Johnson, pro se;; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 1:30 - 2:19 PM; Courtroom: 4A; The Court hears representations of Ms. Hawes, Mr. Heideman and Mr. Jeremy Johnson with regard to #677 . The Court indicates that it will consider Mr. Johnson's Motion #696 as a response to #677 , though #696 was filed two days late, and Receiver's response to Mr. Johnson's motion #699 as a reply to #677 . The Court admonishes Mr. Johnson to adhere to the rules with regard to filing responses and replies. The Court will not accept late filings absent good cause. Mr. Studabaker advises the Court that the Fielding Defendants have filed a response to document #688 and asks that the Court note a continuing objection to the sale of the property. The Court advises counsel that any claim made by the Fielding Defendants to the property will be adjudicated with the FTCs case. The Court will grant #677 and sign the proposed order. The Court hears representations regarding the abandonment of the houseboat. Ms. Hawes discusses Mr. Johnsons recent involvement with the houseboat. Mr. Heideman makes representations. Mr. Johnson makes representations and asks that the personal property (clothing, toys, etc.) on the houseboat be returned to him. The Receiver will obtain a list of the property left on the boat and provide it to Mr. Johnson. Ms. Guerrard addresses issues with regard to the houseboat. The Court will sign the proposed order [700-1]. Ms. Guerard advises the Court that Mr. Johnson has asked, by email, for permission to videotape the depositions. The FTC has hired a stenographic reporter but not a videographer. Mr. Johnson argues in support of the Court allowing him to informally videotape the depositions. The Court will not grant an exception to the rule to allow informal videotaping. The Court encourages Mr. Johnson to obtain copies of the depositions, as copies will be less expensive than the originals. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
September 7, 2012 Opinion or Order Filing 701 RESPONSE to #694 MOTION for Order of Sale, filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Replies due by 9/17/2012. (Studebaker, Michael P.)
September 6, 2012 Opinion or Order Filing 700 SUPPLEMENTAL RESPONSE to #677 MOTION for Order of Sale, filed by Receiver Robb Evans. (Attachments: #1 Proposed Order Modified)(Hawes, Lesley)
September 6, 2012 Opinion or Order Filing 699 RESPONSE to #696 MOTION, filed by Receiver Robb Evans. Replies due by 9/16/2012. (Attachments: #1 Exhibit 1 thru 3 to the Response, #2 Declaration of M. Val Miller in Support of Response, #3 Exhibit 1 thru 5 to M.Val Miller's Declaration)(Hawes, Lesley)
August 30, 2012 Opinion or Order Filing 698 REPLY to Response to #677 MOTION for Order of Sale ; filed by Receiver Robb Evans. (Attachments: #1 Exhibit Exhibits 1 and 2 to Declaration of Kenton Johnson)(Hawes, Lesley)
August 29, 2012 Opinion or Order Filing 697 NOTICE re: 693 MINUTE ORDER IN CHAMBERS; filed by Receiver Robb Evans. (Attachments: #1 Certificate of Service)(Caris, Gary) Added docket entry relationship on 8/29/2012 (RFJ).
August 29, 2012 Opinion or Order Filing 696 MOTION for Order re: #677 MOTION for Order of Sale; filed by Defendant Jeremy D. Johnson. Responses due by 9/15/2012. (Attachments: #1 Exhibit A)(Johnson, Jeremy) Event modified and docket entry relationship added on 8/29/2012 (RFJ).
August 29, 2012 Opinion or Order Notice of Docket Correction to #696 MOTION : ERROR: Wrong event selected by Defendant Jeremy D. Johnson. Defendant advised in the future please file documents in accordance with Special Order 109 filing procedures. CORRECTION: Court modified event as #696 MOTION for Order re: 677 MOTION for Order of Sale. (no image attached)(RFJ)
August 28, 2012 Opinion or Order Filing 695 NOTICE re: #694 MOTION for Order of Sale; filed by Receiver Robb Evans. (Hawes, Lesley)
August 28, 2012 Opinion or Order Filing 694 MOTION for Order of Sale filed by Receiver Robb Evans. Motion ripe 8/28/2012. (Attachments: #1 Declaration of Kenton Johnson, #2 Exhibit Exhibits 1 through 5 to Declaration of Kenton Johnson, #3 Proposed Order)(Hawes, Lesley)
August 27, 2012 Opinion or Order Filing 693 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 8/27/2012. By Deputy Clerk: Peggie Vannozzi. RE: #677 MOTION for Order of Sale Motion Hearing set for 9/10/2012 01:30 PM in LV Courtroom 4A before Judge Miranda M. Du.(no image attached) (Copies have been distributed pursuant to the NEF - PAV)
August 24, 2012 Opinion or Order Filing 692 MOTION to Withdraw as Attorney by Adriana Pereyra. by Defendants Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Simcor Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 8/24/2012. (Pereyra, Adriana)
August 24, 2012 Opinion or Order Filing 691 RESPONSE to #677 MOTION for Order of Sale, filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Replies due by 9/10/2012. (Studebaker, Michael P.)
August 23, 2012 Opinion or Order Filing 690 TRANSCRIPT of Proceedings, 667 Status Conference, held on 7/23/12, before Judge Miranda M. Du. Court Reporter: Ellen Ford (702)366-0635. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber using the court's "Transcript Order" form A0435 available on our website www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained either through Ellen Ford, Court Reporter, or through PACER. Redaction Request due 9/13/2012. Redacted Transcript Deadline set for 9/23/2012. Release of Transcript Restriction set for 11/21/2012. (Ford, Ellen) Modified on 8/23/2012 (Ford, Ellen).
August 22, 2012 Opinion or Order Filing 689 NOTICE of Lis Pendens by Receiver Robb Evans. (Caris, Gary)
August 22, 2012 Opinion or Order Filing 688 MOTION for Order RE: Payment of Receiver AND MOTION RE: Relief from Local Rule 66-5 Pertaining to Notice of Creditorsfiled by Receiver Robb Evans. Responses due by 9/8/2012. (Attachments: #1 Declaration of Gary Owen Caris, #2 Declaration of Brick Kane, #3 Exhibit 1 to Brick Kane's Declaration, #4 Appendix [1 of 3], #5 Exhibit 2 to Appendix 1 of 3, #6 Exhibit 3 to Appendix 1 of 3, #7 Exhibit 4 to Appendix 1 of 3, #8 Exhibit 5 to Appendix 1 of 3, #9 Appendix [2 of 3], #10 Exhibit 6 to Appendix 2 of 3, #11 Exhibit 7 to Appendix 2 of 3, #12 Exhibit 8 to Appendix 2 of 3, #13 Appendix [3 of 3], #14 Exhibit 9 to Appendix 3 of 3, #15 Exhibit 10 to Appendix 3 of 3, #16 Exhibit 11 to Appendix 3 of 3, #17 Certificate of Service)(Caris, Gary) Modified text on 8/27/2012 (SRK).
August 22, 2012 Opinion or Order Filing 687 NOTICE RE: #688 MOTION for Order; filed by Receiver Robb Evans. (Caris, Gary) Docket entry relationship modified on 8/27/2012 (SRK).
August 21, 2012 Opinion or Order Filing 686 ORDER ON STIPULATION re #683 Stipulation Regarding Arvin Lee Black, Jr. and Sole Group LLC Litigation. Signed by Judge Miranda M. Du on 8/21/12. (Copies have been distributed pursuant to the NEF - MMM)
August 16, 2012 Opinion or Order Filing 685 Mail Returned as Undeliverable re #675 Scheduling Order, addressed to Tara-Lynn Adams. Address corrected on docket and remailed. (MMM)
August 16, 2012 Opinion or Order Filing 684 ERRATA to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Attachments: #1 Exhibit A, #2 Exhibit B)(Lewis, Matthew)
August 16, 2012 Opinion or Order Filing 683 STIPULATION filed by Receiver Robb Evans. (Caris, Gary)
August 13, 2012 Opinion or Order Filing 682 ORDER ON STIPULATION Granting #676 Stipulation to Extend Time to Reply re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66. Replies due by 9/13/2012. Signed by Judge Miranda M. Du on 8/13/12. (Copies have been distributed pursuant to the NEF - MMM)
August 13, 2012 Opinion or Order Filing 681 OBJECTION to #637 Response to Motion, #639 Exhibit, #654 Response to Motion, #636 Response to Motion; filed by Receiver Robb Evans. (Howard, Randolph)
August 13, 2012 Opinion or Order Filing 680 DECLARATION of Brick Kane re #580 MOTION for Order Clarifying Preliminary Injunction Order; filed by Receiver Robb Evans. (Attachments: #1 Exhibit (s) 34-45)(Howard, Randolph)
August 13, 2012 Opinion or Order Filing 679 REPLY to Response to #580 MOTION for Order Clarifying Preliminary Injunction Order filed by Receiver Robb Evans. (Howard, Randolph)
August 10, 2012 Opinion or Order Filing 678 NOTICE re #677 MOTION for Order of Sale; filed by Receiver Robb Evans (Caris, Gary)
August 10, 2012 Opinion or Order Filing 677 MOTION for Order of Sale filed by Receiver Robb Evans. Motion ripe 8/10/2012. (Attachments: #1 Exhibit Exhibits to Declaration of Kenton Johnson, #2 Proposed Order)(Caris, Gary)
August 10, 2012 Opinion or Order Filing 676 STIPULATION FOR EXTENSION OF TIME (Second Request) re #650 Response to Motion, ; by Receiver Robb Evans. (Caris, Gary)
August 8, 2012 Opinion or Order Filing 675 JOINT AMENDED SCHEDULING ORDER re #673 Proposed Discovery Plan/Scheduling Order. Discovery due by 4/2/2013. Motions due by 7/19/2013. Proposed Joint Pretrial Order due by 8/6/2013. Signed by Magistrate Judge George Foley, Jr on 8/7/12. (Copies have been distributed pursuant to the NEF - MMM)
August 7, 2012 Opinion or Order Filing 674 RESPONSE to #663 MOTION to Intervene, filed by Plaintiff Federal Trade Commission. Replies due by 8/17/2012. (Brooke, Joseph)
August 6, 2012 Opinion or Order Filing 673 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Federal Trade Commission (Amended Schedule). (Weinman, Dotan)
August 2, 2012 Opinion or Order Filing 672 RESPONSE to #634 MOTION to Intervene, filed by Plaintiff Federal Trade Commission. Replies due by 8/12/2012. (Brooke, Joseph)
July 24, 2012 Opinion or Order Filing 671 ORDER Lifting Stay on Discovery (dkt. no. 263). The parties are directed to meet and confer and file a joint amended discovery plan and scheduling order within 15 days from July 23, 2012. Discovery shall resume upon the issuance of that amended order. Signed by Judge Miranda M. Du on 7/24/12. (Copies have been distributed pursuant to the NEF - MMM)
July 24, 2012 Opinion or Order Filing 670 ORDER Granting #623 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Theadore James Besen and DESIGNATION of Local Counsel Tara-Lynn Adams for CECJ Enterprises LLC, Global Media 7 LLC, Jason T. Vowell Sole Prop., Kingston Enterprises LLC, Lift Off Financial LLC, MoneyMaker Strategies LLC, Phoenix Rising LLC, Robin V. Foundation Inc., ScamVictim Help LLC, SpyGlass Enterprises LLC, SpyGlass Holdings LLC, Valentino Holdings LLC, Valentino Properties LLC, Vanquish Enterprises LLC, Wealth Matters LLC. Signed by Judge Miranda M. Du on 7/24/12. (Copies have been distributed pursuant to the NEF - MMM)
July 23, 2012 Opinion or Order Filing 669 ORDER granting #660 Motion to Extend Time re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66. ( Replies due by 8/13/2012.); granting #662 Motion to Exceed page limit for Reply re 580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 by Receiver Robb Evans. Signed by Judge Miranda M. Du on 7/22/2012. (Copies have been distributed pursuant to the NEF - PAV)
July 23, 2012 Opinion or Order Filing 668 NOTICE of Corrected Image/Document re #623 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Theadore James Besen and DESIGNATION of Local Counsel Tara-Lynn Adams (Filing fee $ 200.00) by Defendant Wealth Matters LLC. (Service of corrected image is attached). (Besen, Theadore)
July 23, 2012 Opinion or Order Filing 667 MINUTES OF PROCEEDINGS - Status Conference held on 7/23/2012 before Judge Miranda M. Du. Crtrm Administrator: Peggie Vannozzi; Pla Counsel: Collot Guerard, Blaine Welsh, Joseph Brooke; Def Counsel: Troy Wallin (for Defendants Mountain Financial & Brett Andreason);Curtis Jensen (via telephone, for interested parties Executive Auto Group, Executive Car Sales, Liahona Academy, Vicgin Properties); Matthew Lewis (via telephone for interested party Todd Vowell); Jared Bennett for Jeannette Swent (via telephone) for intervenor U.S. Attorney's Office, District of Utah; Court Reporter/FTR #: Ellen Ford; Time of Hearing: 9:05 AM - 9:57 AM; Courtroom: 4A; Also present in court: Jeremy Johnson (pro se), Andy Johnson (pro se), Scott Muir (pro se) Ryan Riddle (pro se), Duane Fielding, Terason Spinks, and Scott Leavitt. The Court hears representations from Mr. Bennett regarding the criminal action in the District of Utah. Mr. Jeremy Johnson responds. The Court advises counsel and the parties that prior rulings by Judge Hunt constitute the law of the case. This Court will not change those orders. The Court hears argument from Ms. Guerrard, Mr. Jeremy Johnson and Mr. Riddle regarding the stay of discovery in the civil case. Mr. Bennett advises the Court of Judge Nuffer's order in Jeremy Johnson's criminal case, which outlines the people to whom Jeremy Johnson may speak with the presence of an attorney. The Court directs Mr. Bennett to file a notice with Judge Nuffer's order attached. The Court directs the parties to meet and confer and submit an amended discovery plan and scheduling order. IT IS THE ORDER OF THE COURT that the amended discovery plan and scheduling order is due within 15 days of this date. The US Attorney intervenor may continue to raise objections to subpoenas. The parties are ordered to copy the US Attorney intervenor with all discovery requests. Mr. Jeremy Johnson asks that the service be by U.S. Mail. Ms. Guerard indicates that the FTC should be served by e-mail because they receive their mail roughly 2 weeks after it is sent. The Court will allow service by electronic mail or United States mail. Mr. Jeremy Johnson asks the Court to release some of his funds so that he can hire an attorney. The Court denies the request. Mr. Caris asks the Court about his motions for additional time to file replies. The Court indicates that minutes orders granting those motions will be forthcoming. (no image attached) (Copies have been distributed pursuant to the NEF - PAV)
July 23, 2012 Opinion or Order Filing 666 NOTICE of Filing by Intervenor United States of America. (Attachments: #1 Exhibit A)(Bennett, Jared)
July 21, 2012 Opinion or Order Filing 665 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Intervenor Parties SLI, LLC, Trigger, LLC. Replies due by 7/31/2012. (Studebaker, Michael P.)
July 21, 2012 Opinion or Order Filing 664 MEMORANDUM filed by Intervenor Parties SLI, LLC, Trigger, LLC re #663 MOTION to Intervene. (Studebaker, Michael P.)
July 21, 2012 Opinion or Order Filing 663 MOTION to Intervene by Intervenor Parties SLI, LLC, Trigger, LLC. Responses due by 8/7/2012. (Studebaker, Michael P.)
July 20, 2012 Opinion or Order NOTICE of Docket Correction to #660 First MOTION to Extend Time regarding dispositive matter : ERROR: Documents should have been filed as separate entries by attorney, Gary Owen 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. CORRECTION: Court docketed the the second request contained within document #660 as #662 MOTION to Exceed page limit for Reply. (no image attached)(RFJ)
July 19, 2012 Opinion or Order Filing 662 MOTION to Exceed page limit for Reply re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 by Receiver Robb Evans. Responses due by 8/5/2012. (RFJ)
July 19, 2012 Opinion or Order Filing 661 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Defendant Wealth Matters LLC. Replies due by 7/29/2012. (Attachments: #1 Errata Exhibit "1")(Besen, Theadore)
July 19, 2012 Opinion or Order Filing 660 First MOTION to Extend Time regarding dispositive matter re #580 MOTION for Order Clarifying Preliminary Injunction Order filed by Receiver Robb Evans. Motion ripe 7/19/2012. (Caris, Gary)
July 19, 2012 Opinion or Order Filing 659 ORDER Granting #656 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Curtis M. Jensen and approving Designation of Local Counsel Linda M. Bullen for Interested Parties Liahona Academy for Youth, LLC; Virgin Properties, LLC; Executive Car Sales, Inc.; and Executive Auto Group, Inc.. Signed by Judge Miranda M. Du on 7/19/12. 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 - MMM)
July 19, 2012 Opinion or Order Filing 658 ORDER Granting #653 Verified Petition for Permission to Practice Pro Hac Vice for Attorney V. Lowry Snow and approving Designation of Local Counsel Linda M. Bullen for Interested Parties Liahona Academy for Youth, LLC; Virgin Properties, LLC; Executive Car Sales, Inc.; and Executive Auto Group, Inc.. Signed by Judge Miranda M. Du on 7/19/12. 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 - MMM)
July 19, 2012 Opinion or Order Filing 657 MINUTE ORDER IN CHAMBERS of the Honorable Judge Miranda M. Du, on 7/19/2012. By Deputy Clerk: Peggie Vannzozi. Before the Court is #623 Verified Petition for Permission to Practice Pro Hac Vice and approving Designation of Local Counsel filed by Theadore Besen on behalf of Jason Vowell, CECJ Enterprises, LLC, Globia Media 7, LLC, Jason T. Vowell Sole Prop., Gigs, Kingston Enterprises, LLC, Lift Off Financial, LLC, Moneymaker Strategies, LLC, Phoenix Rising, LLC, Robin V Foundation, lnc., ScamVictim Help.com, LLC, Spyglass Enterprises, LLC, Spyglass Holdings, LLC, Valentino Holdings, LLC, Valentino Properties, LLC, Vanquish Enterprises, LLC, Vowell, Jason, Assets of, Wealth Matters, LLC. Petitioner has failed to properly complete the petition by including the signature of each of the indicidual or authorized representative of the entity on whose behalf out of state counsel is seeking to appear. IT IS ORDERED #623 is denied. Counsel may correct the petition and refile it as a notice of corrected image, linking the new filing to #623 . (Copies have been distributed pursuant to the NEF - PAV)
July 18, 2012 Opinion or Order Filing 656 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Curtis M. Jensen and DESIGNATION of Local Counsel Linda M. Bullen (Filing fee $ 200 receipt number 0978-2447720) filed by Interested Party Liahona Academy for Youth, LLC, Executive Auto Group, Inc., Executive Car Sales, Inc., and Virgin Properties, LLC . Motion ripe 7/18/2012. (Bullen, Linda) Modified to reflect all filers on 7/19/2012 (SRK).
July 17, 2012 Opinion or Order Filing 655 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Defendant Mountain Financial, LLC. Objection to Replies due by 7/27/2012. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Wallin, Troy)
July 17, 2012 Opinion or Order Filing 654 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Interested Parties Liahona Academy for Youth, LLC, Virgin Properties, LLC, Executive Auto Group, Inc., and Executive Car Sales, Inc.. Replies due by 7/27/2012. (Attachments: #1 Exhibit #1, #2 Exhibit #2, #3 Exhibit #3)(Bullen, Linda) Added correct filing parties on 7/17/2012 (RFJ).
July 17, 2012 Opinion or Order Filing 653 VERIFIED PETITION for Permission to Practice Pro Hac Vice by V. Lowry Snow and DESIGNATION of Local Counsel Linda M. Bullen (Filing fee $ 200 receipt number 0978-2445175) filed by Interested Parties Liahona Academy for Youth, LLC, Virgin Properties, LLC, Executive Auto Group, Inc., and Executive Car Sales, Inc.. Motion ripe 7/17/2012. (Bullen, Linda) Added correct filing parties on 7/17/2012 (RFJ).
July 17, 2012 Opinion or Order Filing 652 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Defendant Wealth Matters LLC. Replies due by 7/27/2012. (Besen, Theadore)
July 16, 2012 Opinion or Order Filing 651 NOTICE of Substitution of Counsel by Interested Parties John Hafen, Lilhaf Holdings, LLC, Tiburon Enterprises, LLC. (Clawson, Andrew)
July 16, 2012 Opinion or Order Filing 650 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Defendant John Hafen. Liliaf Holdings, LLC and Tiburon Enterprises, LLC Replies due by 7/26/2012. (Clawson, Andrew)
July 16, 2012 Opinion or Order Filing 649 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Attachments: #1 Exhibit 21)(Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 648 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Attachments: #1 Exhibit 19)(Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 647 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Attachments: #1 Exhibit 13, #2 Exhibit 14, #3 Exhibit 15, #4 Exhibit 16, #5 Exhibit 17)(Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 646 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Attachments: #1 Exhibit 10, #2 Exhibit 11)(Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 645 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 644 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Attachments: #1 Exhibit 7)(Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 643 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 642 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 641 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Attachments: #1 Exhibit 3, #2 Exhibit 4)(Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 640 EXHIBIT(s) to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 639 EXHIBIT(s) 1 to #638 Response to Motion, ; filed by Interested Party Todd L Vowell. (Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 638 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Interested Party Todd L Vowell. Replies due by 7/26/2012. (Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 637 RESPONSE to filed by Defendants CECJ Enterprises LLC, Global Media 7 LLC, Jason T. Vowell Sole Prop., Kingston Enterprises LLC, Lift Off Financial LLC, MoneyMaker Strategies LLC, Phoenix Rising LLC, Robin V. Foundation Inc., ScamVictim Help LLC, SpyGlass Enterprises LLC, SpyGlass Holdings LLC, Valentino Holdings LLC, Valentino Properties LLC, Vanquish Enterprises LLC, Wealth Matters LLC. Replies due by 7/26/2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Declaration)(Besen, Theadore)
July 16, 2012 Opinion or Order Filing 636 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC, Intervenor Parties Iprerogative, LLC, Rotortrends, LLC. Replies due by 7/26/2012. (Attachments: #1 Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I)(Studebaker, Michael P.)
July 16, 2012 Opinion or Order Filing 635 MEMORANDUM filed by Intervenor Parties Iprerogative, LLC, Rotortrends, LLC re #634 MOTION to Intervene. (Studebaker, Michael P.)
July 16, 2012 Opinion or Order Filing 634 MOTION to Intervene by Intervenor Parties Iprerogative, LLC, Rotortrends, LLC. Responses due by 8/2/2012. (Studebaker, Michael P.)
July 16, 2012 Opinion or Order Filing 633 MOTION Join Request to Lift Stay re #632 Brief, #624 Memorandum by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Responses due by 8/2/2012. (Studebaker, Michael P.)
July 16, 2012 Opinion or Order Filing 632 BRIEF filed by Defendants Anthon Holdings Corp., Duane Fielding, Jet Processing Inc., Andy Johnson, Jeremy D. Johnson, Loyd Johnston, Scott Muir, Bryce Payne, Kevin Pilon, Ryan Riddle, Terrason Spinks. (Attachments: #1 Exhibit Criminal Case Discovery Index)(Johnson, Jeremy)
July 16, 2012 Opinion or Order Filing 631 BRIEF filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
July 16, 2012 Opinion or Order Filing 630 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Defendant Jeremy D. Johnson. Opposition to Recievers Motion to Expand the Preliminary Injunction Order Replies due by 7/26/2012. (Johnson, Jeremy)
July 16, 2012 Opinion or Order Filing 629 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66filed by Defendant Andy Johnson. Replies due by 7/26/2012. (Johnson, Jeremy) Modified on 7/17/2012 (MAJ).
July 16, 2012 Opinion or Order Filing 628 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Objectors Kerry Johnson, Barbara Johnson, KB Family Limited Partnership. Replies due by 7/26/2012. (Stanger, Michael)
July 16, 2012 Opinion or Order Filing 627 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Defendant New Horizon Finance, Inc.. (Objection to Jurisdiction) Replies due by 7/26/2012. (Attachments: #1 Exhibit A - New Horizons' Corporate Filings)(Stanger, Michael)
July 16, 2012 Opinion or Order Filing 626 MOTION for Leave to File Motion and Memorandum of Points and Authorities in Excess of Page Limitation Imposed by Local Rule 7-4 by Interested Party Todd L Vowell. Motion ripe 7/16/2012. (Attachments: #1 Proposed Order)(Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 625 NOTICE of Appearance and Designation of Local Counsel Joni Jamison; filed by attorney Matthew R. Lewis on behalf of Interested Party Todd L Vowell. (Lewis, Matthew)
July 16, 2012 Opinion or Order Filing 624 MEMORANDUM In Support of Lifting the Limited Stay filed by Plaintiff Federal Trade Commission RE #611 Order on Motion,, Set/Reset Hearings,,,,,,. (Attachments: #1 Appendix A)(Guerard, Collot)
July 13, 2012 Opinion or Order Filing 623 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Theadore James Besen and DESIGNATION of Local Counsel Tara-Lynn Adams (Filing fee $ 200.00) for non-parties. Motion ripe 7/13/2012. (Attachments: #1 receipt NVLAS012640)(MMM) Corrected #668 image filed on 7/23/2012 (SRK).
July 13, 2012 Opinion or Order Filing 622 ORDER that Defendants' Amended Answer #621 is STRICKEN. Signed by Magistrate Judge George Foley, Jr on 7/13/12. (Copies have been distributed pursuant to the NEF - MMM)
July 12, 2012 Opinion or Order Filing 621 STRICKEN per #622 ORDER (MMM) AMENDED ANSWER to #42 Complaint,,,,,,, #1 Complaint,,,,,,,, AMENDED ANSWER to #42 Complaint,,,,,,, #1 Complaint,,,,,,, filed by Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness For Life, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D. Johnson, Loyd Johnston, Scott Leavitt, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc..(Johnson, Jeremy)
July 9, 2012 Opinion or Order Filing 620 RESPONSE to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66, filed by Plaintiff Federal Trade Commission. Response in Support Replies due by 7/19/2012. (Attachments: #1 Declaration R. Tyndall, #2 Exhibit, #3 Affidavit D. Andersen, #4 Declaration R. Daniels, #5 Declaration H. Huettner, #6 Exhibit, #7 Exhibit)(Brooke, Joseph)
July 3, 2012 Opinion or Order Filing 619 NOTICE OF RELATED CASES 2:12-cv-01053-MMD-GWF by Receiver Robb Evans. NOTICE OF RELATED CASES [LOCAL RULE 7-2.1] (Caris, Gary)
July 3, 2012 Opinion or Order Filing 618 OBJECTION to #607 Designation of Record on Appeal ; Appellee Receivers Objection to Appellants Designation of Record on Appeal; alternatively, Appellee Receivers Counter-Designation of Record on Appeal filed by Receiver Robb Evans. (Caris, Gary)
June 28, 2012 Opinion or Order Filing 617 ORDER ON STIPULATION re #613 Stipulation to Extend Time to Respond re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66. Responses due by 7/16/2012. Signed by Judge Miranda M. Du on 6/27/12. (Copies have been distributed pursuant to the NEF - MMM)
June 27, 2012 Opinion or Order Filing 616 ORDER on Mandate as to #614 USCA Order DISMISSING #293 Notice of Appeal filed by Jeremy D. Johnson. Signed by Judge Miranda M. Du on 6/27/12. (MMM)
June 27, 2012 Opinion or Order Filing 613 STIPULATION FOR EXTENSION OF TIME (First Request) re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 ; STIPULATION to extend deadline for the Fielding defendants to file response to Motion for Order Clarifying Preliminary Injunction Order and for further instructions regarding scope of receivership defendants under preliminary injunction order and report of receivers financial reconstruction and granting relief from Local Rule 66-5 pertaining to notice to creditors by Receiver Robb Evans. (Hawes, Lesley) Modified all caps on 6/27/2012 (MAJ).
June 25, 2012 Opinion or Order Filing 614 ORDER of USCA, Ninth Circuit, as to #293 Notice of Appeal filed by Jeremy D. Johnson. A review of the file in this case reveals that the appellant has failed to perfect the appeal as prescribed by the Federal Rules of Appellate Procedure. Pursuant to Ninth Circuit Rule 42-1, this appeal is dismissed for failure to file the opening brief on appeal in this case. This order served on the district court shall constitute the mandate of this court. (ECS)
June 25, 2012 Opinion or Order Filing 612 REPLY to Response to #557 MOTION for Summary Judgment ; filed by Defendant Elite Debit, Inc.. (Attachments: #1 Affidavit Loyd Johnson)(Pereyra, Adriana)
June 22, 2012 Opinion or Order Filing 611 ORDER Denying #558 Motion to Modify Stipulation and Order for Limited Stay. FURTHER ORDERED that a Status Conference is set for 7/23/2012 09:00 AM in LV Courtroom 3A before Judge Miranda M. Du, at which time the Court will hear arguments regarding whether the limited stay should be further extended. The Court further orders all interested parties to submit any briefing in connection with this hearing no later than July 16, 2012. The limited stay, which is currently set to expire on July 8, 2012, shall remain in effect until this status conference is held. Signed by Judge Miranda M. Du on 6/22/12. (Copies have been distributed pursuant to the NEF - MMM)
June 20, 2012 Opinion or Order Filing 610 ERRATA to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 filed by Receiver Robb Evans. (Attachments: #1 Exhibit A)(Hawes, Lesley)
June 20, 2012 Opinion or Order Filing 609 ORDER ON STIPULATION Granting #608 STIPULATION FOR EXTENSION OF TIME (First Request) to File Response to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66. Signed by Judge Miranda M. Du on 6/20/12. (Copies have been distributed pursuant to the NEF - MMM)
June 20, 2012 Opinion or Order Filing 608 STIPULATION FOR EXTENSION OF TIME (First Request) to File Response to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 filed by Receiver Robb Evans. (Hawes, Lesley)
June 19, 2012 Opinion or Order Filing 607 DESIGNATION of Record on Appeal by Defendant Jeremy D. Johnson re #573 Notice of Appeal. (Johnson, Jeremy)
June 19, 2012 Opinion or Order Filing 606 NOTICE of Appearance by attorney Jessica G Peterson on behalf of Interested Party Bank Of Utah. (Peterson, Jessica)
June 19, 2012 Opinion or Order Filing 605 ORDER ON STIPULATION Granting #601 Stipulation for Extension of Time to File Response to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66. Responses due by 7/9/2012. Signed by Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - ASB)
June 19, 2012 Opinion or Order Filing 604 ORDER ON STIPULATION Granting #602 Stipulation for Extension of Time to File Response to #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66. Responses due by 7/16/2012. Signed by Judge Miranda M. Du. (Copies have been distributed pursuant to the NEF - ASB)
June 18, 2012 Opinion or Order Filing 603 STIPULATION FOR EXTENSION OF TIME re #557 MOTION for Summary Judgment; filed by Defendant Elite Debit, Inc.. (Pereyra, Adriana)
June 18, 2012 Opinion or Order Filing 602 STIPULATION FOR EXTENSION OF TIME (First Request) re #580 MOTION for Order Clarifying Preliminary Injunction Order; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1)(Caris, Gary)
June 18, 2012 Opinion or Order Filing 601 STIPULATION FOR EXTENSION OF TIME (First Request) re #580 MOTION for Order Clarifying Preliminary Injunction Order; filed by Receiver Robb Evans. (Caris, Gary)
June 18, 2012 Opinion or Order Filing 600 ORDER ON STIPULATION Granting #598 Stipulation to Extend Time for Kerry Johnson and Barbara Johnson to Respond re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors. Responses due by 7/16/2012. Signed by Judge Miranda M. Du on 6/15/12. (Copies have been distributed pursuant to the NEF - MMM)
June 15, 2012 Opinion or Order Filing 599 STIPULATION FOR EXTENSION OF TIME (First Request) re #580 MOTION for Order Clarifying Preliminary Injunction Order; filed by Receiver Robb Evans. (Caris, Gary)
June 15, 2012 Opinion or Order Filing 598 STIPULATION FOR EXTENSION OF TIME (First Request) re #580 MOTION for Order Clarifying Preliminary Injunction Order filed by Receiver Robb Evans. (Caris, Gary)
June 14, 2012 Opinion or Order Filing 597 REPLY to Response to #569 MOTION to Remain in Home ; filed by Defendant Loyd Johnston. (MMM)
June 14, 2012 Opinion or Order Filing 596 CERTIFICATE OF RECORD on #573 Notice of Appeal. The record on appeal, consisting of the reporter's transcripts and the United States District Court clerk's record is ready for the purpose of the appeal. This file exists in electronic format and is accessible via CM/ECF - PACER. The documents comprising the United States District Court clerk's record have been numbered in conformance with Rule 11(b) of the Federal Rules of Appellate Procedure. These document numbers are reflected on the United States District Court's docket sheet and should be used for reference purposes in the briefs. Appeals in Habeas Corpus and 28 USC 2255 Motion to Vacate Sentence cases are treated as civil appeals in the Court of Appeals. Criminal appeals briefing schedules will be issued upon the filing of this document. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (no image attached) (ECS)
June 13, 2012 Opinion or Order Filing 595 TRANSCRIPT DESIGNATION by Defendant Jeremy D. Johnson re #573 Notice of Appeal. Transcripts are NOT required for this appeal. (Johnson, Jeremy)
June 13, 2012 Opinion or Order Filing 593 RESPONSE to #588 First MOTION to Extend Time re #580 MOTION for Order Clarifying Preliminary Injunction Order; filed by Plaintiff Federal Trade Commission. Replies due by 6/23/2012. (Brooke, Joseph)
June 12, 2012 Opinion or Order Filing 594 ORDER Granting #588 Motion to Extend Time to Respond re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order. Responses due by 7/16/2012. Signed by Judge Miranda M. Du on 6/12/12. (Copies have been distributed pursuant to the NEF - MMM)
June 12, 2012 Opinion or Order Filing 592 ORDER Denying #533 Motion to Compel; and Denying without prejudice #548 Motion for Leave to File Second Amended Answer; and Granting #561 Motion to Quash Subpoena to Produce Documents. Signed by Magistrate Judge George Foley, Jr. on 6/12/12. (Copies have been distributed pursuant to the NEF - MMM)
June 12, 2012 Opinion or Order Filing 591 STIPULATION FOR EXTENSION OF TIME (First Request) re #580 MOTION for Order Clarifying Preliminary Injunction Order filed by Receiver Robb Evans. (Caris, Gary)
June 12, 2012 Opinion or Order Filing 590 RESPONSE to #588 First MOTION to Extend Time re #580 MOTION for Order Clarifying Preliminary Injunction Order; filed by Receiver Robb Evans. Replies due by 6/22/2012. (Caris, Gary)
June 12, 2012 Opinion or Order Filing 589 Submission of PROPOSED ORDER on #588 First MOTION to Extend Time regarding discovery/nondispositive matter (First Request) re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness For Life, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D. Johnson, Jeremy D. Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. (Johnson, Jeremy)
June 11, 2012 Opinion or Order Filing 588 First MOTION to Extend Time regarding discovery/nondispositive matter (First Request) re #580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66 by Defendants Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness For Life, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D. Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 6/11/2012. (Johnson, Jeremy)
June 4, 2012 Opinion or Order Filing 587 REPLY to Response to #558 MOTION tto allow Discovery; filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit)(Johnson, Jeremy)
June 4, 2012 Opinion or Order Filing 586 RESPONSE to #569 MOTION to Remain in Home, filed by Receiver Robb Evans. Replies due by 6/14/2012. (Caris, Gary)
May 31, 2012 Opinion or Order Filing 585 RESPONSE to #557 MOTION for Summary Judgment, filed by Plaintiff Federal Trade Commission. Replies due by 6/17/2012. (Attachments: #1 Exhibit Retail Payments Office of the Federal Reserve System, June 16, 2008, #2 Exhibit Guidance on Payment Processor Relationships, #3 Exhibit Emails from Defendant Loyd Johnston)(Brooke, Joseph)
May 30, 2012 Opinion or Order Filing 584 NOTICE re #580 MOTION for Order Clarifying Preliminary Injunction; filed by Receiver Robb Evans. (Attachments: #1 Exhibit A)(Caris, Gary)
May 30, 2012 Opinion or Order Filing 583 CERTIFICATE OF SERVICE re #581 Declaration; 580] MOTION for Order and #582 Declaration; filed by Receiver Robb Evans. (Howard, Randolph)
May 30, 2012 Opinion or Order Filing 582 DECLARATION of Gary Owen Caris re #580 MOTION for Order Clarifying Preliminary Injunction Order; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1-7)(Howard, Randolph)
May 30, 2012 Opinion or Order Filing 581 DECLARATION of Brick Kane re #580 MOTION for Order Clarifying Preliminary Injunction Order; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1-13, #2 Exhibit 14-33)(Howard, Randolph)
May 30, 2012 Opinion or Order Filing 580 MOTION for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants Under Preliminary Injunction Order and Report of Receivers Financial Reconstruction and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 6/16/2012. (Attachments: #1 Exhibit A)(Howard, Randolph)
May 25, 2012 Opinion or Order Filing 579 RESPONSE to #558 MOTION tto allow Discovery and clarify court orders re #263 Order on Stipulation, filed by Plaintiff Federal Trade Commission. Replies due by 6/4/2012. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4)(Weinman, Dotan)
May 23, 2012 Opinion or Order Filing 578 Designation of Transcripts and Transcript Order forms and instructions for #573 Notice of Appeal. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov/Forms.aspx. (MMM)
May 23, 2012 Opinion or Order Filing 576 ORDER Granting #571 Motion for Leave to File Excess Pages. Signed by Judge Miranda M. Du on 5/22/12. (Copies have been distributed pursuant to the NEF - MMM)
May 22, 2012 Opinion or Order Filing 575 ORDER that Defendant Jeremy Johnson shall pay the Receiver the sum total of $3,500.00 for copies of the documents used in drafting the January 12, 2012 Report in accordance with the Court's Order (#543). If Defendant Johnson elects to obtain copies of only certain documents, Defendant Johnson shall pay half the total cost of production for those documents. Signed by Magistrate Judge George Foley, Jr on 5/22/12. (Copies have been distributed pursuant to the NEF - MMM)
May 21, 2012 Opinion or Order Filing 577 USCA Appeal Fees NOT PAID re #573 Notice of Appeal filed by Jeremy D. Johnson. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (MMM)
May 21, 2012 Opinion or Order Filing 574 ORDER for Time Schedule as to #573 Notice of Appeal filed by Jeremy D. Johnson. USCA Case Number 12-16213. (MMM)
May 21, 2012 Opinion or Order Filing 573 NOTICE OF APPEAL as to #568 Order on Motion for Attorney Fees, by Defendant Jeremy D. Johnson. Filing fee $ 455. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Johnson, Jeremy)
May 18, 2012 Opinion or Order Filing 572 RESPONSE to #548 Second MOTION for Leave to File amended answer, filed by Plaintiff Federal Trade Commision. Replies due by 5/28/2012. (Attachments: #1 Exhibit)(Brooke, Joseph)
May 18, 2012 Opinion or Order Filing 571 MOTION for Leave to File Excess Pages Motion for Leave to File Motion and Memorandum of Points and Authorities in Excess of Thirty Page Limitation Imposed by Local Rule 7-4 by Receiver Robb Evans. Motion ripe 5/18/2012. (Attachments: #1 Declaration of Gary Owen Caris in Support of Motion for Leave to File Motion and Memorandum of Points and Authorities in Excess of Thirty Page Limitation Imposed by Local Rule 7-4, #2 Proposed Order Granting Receiver Leave to File Motion and Memorandum of Points and Authorities in Excess of Thirty Page Limitation Imposed by Local Rule 7-4)(Caris, Gary)
May 17, 2012 Opinion or Order Filing 570 DECLARATION of Loyd Johnston in Support of #569 MOTION to Remain in Home ; by Defendant Loyd Johnston. (MMM)
May 17, 2012 Opinion or Order Filing 569 MOTION to Remain in Home by Defendant Loyd Johnston. Responses due by 6/3/2012. (MMM)
May 15, 2012 Opinion or Order Filing 568 ORDER Granting #517 Receiver's Second Motion for Attorney Fees. Signed by Judge Roger L. Hunt on 5/16/12. (Copies have been distributed pursuant to the NEF - MMM)
May 15, 2012 Opinion or Order Filing 567 STATUS REPORT Clarifications to Report of Receiver's Financial Reconstruction Dated January 31, 2012 by Receiver Robb Evans. (Caris, Gary)
May 10, 2012 Opinion or Order Filing 565 ORDER Granting #524 Motion for Order of Sale (1) Authorizing and Confirming Sale and Redemption of Investment/Membership Interest in Brockman Ranch, LLC; (2) Authorizing and Confirming Sale and Redemption of Investment/Stock Interest in Amber Lyn Chocolates; and (3) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Roger L. Hunt on 5/10/12. (Copies have been distributed pursuant to the NEF - MMM)
May 10, 2012 Opinion or Order Filing 564 ORDER Granting in its entirety, as outlined in the order, #526 Motion for Order of Sale. Signed by Judge Roger L. Hunt on 5/10/12. (Copies have been distributed pursuant to the NEF - MMM)
May 10, 2012 Opinion or Order Filing 563 ORDER Granting #544 Motion for Order (1) Approving and Confirming Sale of Piper Navajo, Tail No. N300WA and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Roger L. Hunt on 5/10/12. (Copies have been distributed pursuant to the NEF - MMM)
May 10, 2012 Opinion or Order Filing 562 REPLY to Response to #517 Second MOTION for Attorney Fees; filed by Receiver Robb Evans. Reply to Jeremy Johnson's Opposition to Receiver's Motion for Fees, Exhibits 1 and 2 Thereof; Declaration of Gary Owen Caris in Support Thereof; Declaration of Brick Kane in Support Thereof (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Declaration of Brick Kane in Support of Reply to Jeremy Johnson's Opposition to Receiver's Motion for Fees)(Caris, Gary)
May 10, 2012 Opinion or Order Filing 561 MOTION to Quash Subpoena filed by Receiver Robb Evans. Motion ripe 5/10/2012. (Caris, Gary)
May 10, 2012 Opinion or Order Filing 560 ERRATA to #558 MOTION to allow Discovery and clarify court orders re #263 Order on Stipulation, filed by Defendant Jeremy D. Johnson. (Attachments: #1 Errata)(Johnson, Jeremy)
May 10, 2012 Opinion or Order Filing 559 MINUTE ORDER IN CHAMBERS Regarding the Requirements of Klingele v. Eikenberry and Rand v. Rowland as to #557 MOTION for Summary Judgment : Opposition due twenty-one (21) days from the date of this Minute Order, and reply due fourteen (14) days after the filing of the opposition. Signed by Judge Miranda M. Du on 5/10/12. (Copies have been distributed pursuant to the NEF - ASB)
May 9, 2012 Opinion or Order Filing 558 MOTION to allow Discovery and clarify court orders re #263 Order on Stipulation, filed by Defendant Jeremy D. Johnson. Responses due by 5/26/2012. (Attachments: #1 Exhibit, #2 Exhibit)(Johnson, Jeremy)
May 9, 2012 Opinion or Order Filing 557 MOTION for Summary Judgment by Defendant Elite Debit, Inc.. Responses due by 6/2/2012. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6)(Pereyra, Adriana)
May 9, 2012 Opinion or Order Filing 556 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Robert C. Jones, on 5/9/2012. By Deputy Clerk: Aaron Blazevich. IT IS ORDERED that this case is reassigned to Judge Miranda M. Du for all further proceedings. Judge Roger L. Hunt no longer assigned to case. All further documents must bear the correct case number 2:10-cv-02203-MMD -GWF. (no image attached) (Copies have been distributed pursuant to the NEF - ASB)
May 8, 2012 Opinion or Order Filing 555 REPLY to Response to #544 MOTION for Order of Sale (1) Approving and Confirming Sale of Piper Navajo, Tail No. N300WA and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors filed by Receiver Robb Evans. (Caris, Gary)
May 7, 2012 Opinion or Order Filing 554 ORDER that the Receiver's Second Omnibus Motion #526 is GRANTED, but only with respect to the proposed sale of that certain 1978 Beech Sierra fixed wing aircraft, Registration/Tail No. N20135 MC 604. Signed by Judge Roger L. Hunt on 5/7/12. (Copies have been distributed pursuant to the NEF - MMM)
May 3, 2012 Opinion or Order Filing 553 NON-OPPOSITION to #548 Second MOTION for Leave to File filed by Defendant Jet Processing Inc. (Boyack, Edward)
May 3, 2012 Opinion or Order Filing 552 REPLY to Response to #517 Second MOTION for Attorney Fees filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
May 3, 2012 Opinion or Order Filing 551 NOTICE of Lis Pendens by Receiver Robb Evans. (Caris, Gary)
May 3, 2012 Opinion or Order Filing 550 NOTICE of Lis Pendens by Receiver Robb Evans. (Caris, Gary)
May 2, 2012 Opinion or Order Filing 549 RESPONSE to #544 MOTION for Order of Sale (1) Approving and Confirming Sale of Piper Navajo, Tail No. N300WA and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors MOTION for Order of Sale (1) Approving and Confirming Sale of Piper Navajo, Tail No. N300WA 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 5/12/2012. (Johnson, Jeremy)
May 1, 2012 Opinion or Order Filing 548 Second MOTION for Leave to File amended answer by Defendant Jeremy D. Johnson. Motion ripe 5/1/2012. (Attachments: #1 Proposed Order, #2 Exhibit)(Johnson, Jeremy)
April 30, 2012 Opinion or Order Filing 547 RESPONSE to #533 MOTION to Compel, filed by Plaintiff Federal Trade Commision. Replies due by 5/10/2012. (Attachments: #1 Exhibit A [Johnson's Requests], #2 Exhibit B [FTC Objections and Responses], #3 Exhibits C-G, #4 Exhibits H-K)(Kopec, Janice)
April 30, 2012 Opinion or Order Filing 546 ORDER Denying #532 Emergency Motion to Stay Pending Appeal. Signed by Judge Roger L. Hunt on 4/30/12. (Copies have been distributed pursuant to the NEF - MMM)
April 30, 2012 Opinion or Order Filing 545 NOTICE by Receiver Robb Evans Notice of Filing of Motion for Order (1) Approving and Confirming Sale of Piper Navajo, Tail No. N300WA and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors (Caris, Gary)
April 30, 2012 Opinion or Order Filing 544 MOTION for Order of Sale (1) Approving and Confirming Sale of Piper Navajo, Tail No. N300WA and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Motion ripe 4/30/2012. (Attachments: #1 Proposed Order (1) Approving and Confirming Sale of Piper Navajo, Tail No. N300WA and for Related Relief; and (2) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors)(Caris, Gary)
April 25, 2012 Opinion or Order Filing 543 ORDER Granting #494 MOTION to Compel. Signed by Magistrate Judge George Foley, Jr on 4/25/2012. (Copies have been distributed pursuant to the NEF - SLR)
April 20, 2012 Opinion or Order Filing 542 ORDER ON STIPULATION Granting #539 Stipulation to Extend Time to Respond/Oppose re #517 Second MOTION for Attorney Fees. Responses due by 5/3/2012. Signed by Judge Roger L. Hunt on 4/20/12. (Copies have been distributed pursuant to the NEF - MMM)
April 19, 2012 Opinion or Order Filing 541 USCA Appeal Fees received $455.00 receipt number NVLAS010801 re #528 Notice of Appeal filed by Jeremy D. Johnson. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (MMM)
April 19, 2012 Opinion or Order Filing 540 DESIGNATION of Record on Appeal by Defendant Jeremy D. Johnson re #528 Notice of Appeal. (Johnson, Jeremy)
April 19, 2012 Opinion or Order Filing 539 STIPULATION FOR EXTENSION OF TIME (First Request) re #517 Second MOTION for Attorney Fees Notice of Motion and Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from April 1, 2011 through January 31, 2012; and (2) Granting Relief from Local RSecond MOTION for Attorney Fees Notice of Motion and Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from April 1, 2011 through January 31, 2012; and (2) Granting Relief from Local RSecond MOTION for Attorney Fees Notice of Motion and Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses from April 1, 2011 through January 31, 2012; and (2) Granting Relief from Local R ; for Federal Trade Commission to Respond to DE 517 by Plaintiff Federal Trade Commision. (Brooke, Joseph)
April 17, 2012 Opinion or Order Filing 538 NOTICE by Defendant I Works, Inc. CANCELLATION OF DEPOSITION OF JASON VOWELL (Barlow, John)
April 16, 2012 Opinion or Order Filing 537 MINUTES OF PROCEEDINGS - Motion Hearing held on 4/16/2012 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Heidi Jordan; Pla Counsel: Collot Guerard (telephonically); Joseph Brooke (telephonically); Gary Owen Cartis; Def Counsel: Jeremy Johnson, Pro Se; Court Reporter/FTR #: 11:31-11:01; Courtroom: 3A; The Court makes preliminary remarks and hears arguments of the parties regarding Defendant's Motion to Compel Receiver to Produce Supporting Documents and Documents Evidencing Allegations Contained in January 2012 Report #494 .The Court advises the parties of its inclination to require Mr. Johnson to file a financial affidavit under seal that would support or detract from his ability to pay for the documents to be produced. Counsel for Plaintiff requests the Court order Mr. Johnson to include any assets or income that his wife is receiving. The Court takes the matter under submission. Written order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - HJ)
April 16, 2012 Opinion or Order Filing 536 CERTIFICATE OF RECORD on #528 Notice of Appeal. The record on appeal, consisting of the reporter's transcripts and the United States District Court clerk's record is ready for the purpose of the appeal. This file exists in electronic format and is accessible via CM/ECF - PACER. The documents comprising the United States District Court clerk's record have been numbered in conformance with Rule 11(b) of the Federal Rules of Appellate Procedure. These document numbers are reflected on the United States District Court's docket sheet and should be used for reference purposes in the briefs. Appeals in Habeas Corpus and 28 USC 2255 Motion to Vacate Sentence cases are treated as civil appeals in the Court of Appeals. Criminal appeals briefing schedules will be issued upon the filing of this document. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (no image attached) (ASB)
April 13, 2012 Opinion or Order Filing 535 TRANSCRIPT DESIGNATION by Defendant Jeremy D. Johnson re #528 Notice of Appeal. Transcripts are NOT required for this appeal. (Johnson, Jeremy)
April 12, 2012 Opinion or Order Filing 534 RESPONSE to #532 MOTION to Stay re #516 Order,,,, filed by Receiver Robb Evans. Receiver's Opposition to Emergency Motion for Stay Pending Appeal filed by Jeremy Johnson Replies due by 4/22/2012. (Caris, Gary)
April 12, 2012 Opinion or Order Filing 533 MOTION to Compel by Defendant Jeremy D. Johnson. Responses due by 4/29/2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Johnson, Jeremy)
April 11, 2012 Opinion or Order Filing 532 MOTION to Stay re #516 Order,,, by Defendant Jeremy D. Johnson. Motion ripe 4/11/2012. (Attachments: #1 Proposed Order)(Johnson, Jeremy)
April 10, 2012 Opinion or Order Filing 531 ORDER of USCA, Ninth Circuit, as to #528 Notice of Appeal filed by Jeremy D. Johnson. Within 21 days from the date of this order, appellant shall: (1) file a motion with this court to proceed in forma pauperis; (2) pay $455.00 to the district court as the docketing and filing fees for this appeal and provide proof of payment to this court; or (3) otherwise show cause why the appeal should not be dismissed for failure to prosecute. (ECS)
April 9, 2012 Opinion or Order Filing 529 Designation of Transcripts and Transcript Order forms and instructions for #528 Notice of Appeal. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov/Forms.aspx. (ECS)
April 6, 2012 Opinion or Order Filing 530 ORDER for Time Schedule as to #528 Notice of Appeal filed by Jeremy D. Johnson. USCA Case Number 12-15778. (ECS)
April 6, 2012 Opinion or Order Filing 528 NOTICE OF APPEAL as to #516 Order,,, by Defendant Jeremy D. Johnson. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Johnson, Jeremy)
April 6, 2012 Opinion or Order Filing 527 NOTICE re #526 Second MOTION for Order of Sale filed by Receiver Robb Evans (Caris, Gary)
April 6, 2012 Opinion or Order Filing 526 Second MOTION for Order of Sale (1) Approving and Confirming Sales of Aircraft and for Related Relief, Including Sale Free and Clear of Liens; (2) Approving Compromise of Controversy with Far West Regarding EC135 Litigation; and (3) 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. Motion ripe 4/6/2012. (Attachments: #1 Proposed Order Granting Second Omnibus Motion for Order.(Caris, Gary)
April 5, 2012 Opinion or Order Filing 525 NOTICE re #524 MOTION for Order of Sale; filed by Receiver Robb Evans (Caris, Gary)
April 5, 2012 Opinion or Order Filing 524 MOTION for Order of Sale (1) Authorizing and Confirming Sale and Redemption of Investment/Membership Interest in Brockman Ranch, LLC; (2) Authorizing and Confirming Sale and Redemption of Investment/Stock Interest in Amber Lyn Chocolates; and (3) Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof by Receiver Robb Evans. Motion ripe 4/5/2012. (Attachments: #1 Declaration Kenton Johnson, #2 Proposed Order Proposed Order)(Caris, Gary)
April 4, 2012 Opinion or Order Filing 523 APPENDIX to #517 Second MOTION for Attorney Fees filed by Receiver Robb Evans. (Caris, Gary)
April 4, 2012 Opinion or Order Filing 522 APPENDIX to #517 Second MOTION for Attorney Fees filed by Receiver Robb Evans. (Attachments: #1 Appendix 4 of 5)(Caris, Gary)
April 4, 2012 Opinion or Order Filing 521 APPENDIX to #517 Second MOTION for Attorney Fees filed by Receiver Robb Evans. (Attachments: #1 Appendix 3 of 5)(Caris, Gary)
April 4, 2012 Opinion or Order Filing 520 APPENDIX to #517 Second MOTION for Attorney Fees filed by Receiver Robb Evans. (Attachments: #1 Appendix 2 of 5)(Caris, Gary)
April 4, 2012 Opinion or Order Filing 519 APPENDIX to #517 Second MOTION for Attorney Fees filed by Receiver Robb Evans. (Attachments: #1 Appendix 1 of 5)(Caris, Gary)
April 4, 2012 Opinion or Order Filing 518 NOTICE re #517 Second MOTION for Attorney Fees; filed by Receiver Robb Evans (Attachments: #1 Certificate of Service Supplemental Certificate of Service via U.S. Mail)(Caris, Gary)
April 4, 2012 Opinion or Order Filing 517 Second MOTION for Attorney Fees filed by Receiver Robb Evans. Responses due by 4/21/2012. (Attachments: #1 Declaration Gary Owen Caris, #2 Declaration Brick Kane, #3 Certificate of Service of Motion for Order)(Caris, Gary)
April 3, 2012 Opinion or Order Filing 516 ORDER Granting #469 MOTION for Order of Sale. The Court approves and confirms the Receiver's sale of the following property, pursuant to the terms and conditions set forth in the Receiver's motion (#469): (1) two vehicles, consisting of a 2010 Toyota Tundra, VIN No. 5TFUM5F13AX001154 and a 2009 Subaru Forrester, VIN No. JF2SH63609H748915; (2) coins and precious metals of the Corporate Defendants, as identified in the Receiver's motion; (3) certain parcels of undeveloped land located in Washington County, Utah, as identified in the Right of Way Contract attached to the Receiver's motion; and (4) two other parcels of undeveloped land also located in Washington County, Utah totaling approximately 103.17 acres, as identified in the Receiver's motion. Signed by Judge Roger L. Hunt on 4/3/12. (Copies have been distributed pursuant to the NEF - MMM)
April 2, 2012 Opinion or Order Filing 515 RESPONSE to Motion for Protective Order contained in #499 RESPONSE to #469 MOTION for Order of Sale; filed by Receiver Robb Evans. Replies due by 4/12/2012. (Caris, Gary) Added docket entry relationship on 4/11/2012 (RFJ).
April 2, 2012 Opinion or Order Filing 513 NON-OPPOSITION to #469 MOTION for Order of Sale (1) Approving and Confirming Sale of Real and Personal Property and for Related Relief; (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Poi MOTION for Order of Sale filed by Defendant I Works, Inc.. (Barlow, John)
April 2, 2012 Opinion or Order Filing 512 WITHDRAWAL of Motion re #508 Second MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) re #498 MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) re #469 MOTION for Order of Sale filed by Defendant I Works, Inc.. (Barlow, John)
April 2, 2012 Opinion or Order Filing 514 RESPONSE to Motion for Protective Order contained in #499 RESPONSE to #469 MOTION for Order of Sale; filed by Plaintiff Federal Trade Commision. Replies due by 4/12/2012. (Attachments: #1 Exhibit)(Kopec, Janice) Added docket entry relationship on 4/11/2012 (RFJ).
March 30, 2012 Opinion or Order Filing 511 NOTICE re #510 Non-Opposition; filed by Receiver Robb Evans (Caris, Gary)
March 30, 2012 Opinion or Order Filing 510 NON-OPPOSITION to #508 Second MOTION to Extend Time (Second Request) re #498 MOTION to Extend Time (Second Request) re #469 MOTION for Order of Sale; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1)(Caris, Gary)
March 30, 2012 Opinion or Order Filing 509 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 3/30/2012. By Deputy Clerk: Heidi Ojeda. RE: #494 MOTION to Compel. Motion Hearing set for Monday, April 16, 2012 at 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. The parties may appear telephonically, but should advise the Court prior to the hearing, by calling chambers at 702-464-5575, if they intend to do so. Please dial (702) 868-4910, password 123456, 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 - Ojeda, Heidi)
March 29, 2012 Opinion or Order Filing 508 Second MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) re #498 MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) re #469 MOTION for Order of Sale Motion and First Omnibus Motion for Order (1) Approving and Confirming Sale of Real and Personal Property and for Related Relief.;filed by Defendant I Works, Inc.. Motion ripe 3/29/2012. (Attachments: #1 Affidavit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Proposed Order)(Barlow, John)
March 29, 2012 Opinion or Order Filing 507 NON-OPPOSITION to #494 MOTION to Compel ; filed by Receiver Robb Evans. Limited Opposition to Motion to Compel Receiver to Produce Supporting Documents, and Documents Evidencing Allegations Contained in January 2012 Report (Caris, Gary)
March 23, 2012 Opinion or Order Filing 506 NOTICE by Defendant I Works, Inc. of Taking of Deposition of Jason Vowell (Attachments: #1 Exhibit 1)(Barlow, John)
March 23, 2012 Opinion or Order Filing 505 NOTICE of Appearance by attorney John Christian Barlow on behalf of Defendants Fitness For Life, Inc., Lifestyles For Fitness, Inc.. (Barlow, John)
March 23, 2012 Opinion or Order Filing 504 ERRATA to #500 RESPONSE to 498 MOTION to Extend Time; filed by Receiver Robb Evans. (Caris, Gary) Corrected docket entry relationship on 3/23/2012 (RFJ).
March 21, 2012 Opinion or Order Filing 503 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 3/21/2012. By Deputy Clerk: Heidi Ojeda. Denying as moot #493 Motion Video Tape Deposition. In light of the Supplement to Receiver's Opposition (#502), informing the Court that the deposition of Jason Vowell has been canceled, Plaintiff's Motion to Video Tape Deposition (#493) is DENIED as moot and the hearing scheduled for Thursday, March 22, 2012, is VACATED. (Copies have been distributed pursuant to the NEF - Ojeda, Heidi)
March 21, 2012 Opinion or Order Filing 502 SUPPLEMENT to #493 MOTION, 495 Minute Order Setting Hearing on Motion; filed by Receiver Robb Evans. (Attachments: #1 Exhibit)(Caris, Gary)
March 21, 2012 Opinion or Order Filing 501 REPLY to Response to #469 MOTION for Order of Sale; filed by Receiver Robb Evans. (Caris, Gary)
March 21, 2012 Opinion or Order Filing 500 RESPONSE to #498 MOTION to Extend Time (Second Request) re #469 MOTION for Order of Sale; filed by Receiver Robb Evans. Replies due by 3/31/2012. (Caris, Gary)
March 19, 2012 Opinion or Order Filing 499 RESPONSE to #469 MOTION for Order of Sale; filed by Defendant Jeremy D. Johnson. Replies due by 3/29/2012. (Johnson, Jeremy)
March 19, 2012 Opinion or Order Filing 498 MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) re #469 MOTION for Order of Sale; filed by Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Simcor Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 3/19/2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Proposed Order)(Barlow, John)
March 14, 2012 Opinion or Order Filing 497 RESPONSE to #493 MOTION, filed by Receiver Robb Evans. Replies due by 3/24/2012. (Caris, Gary)
March 13, 2012 Opinion or Order Filing 496 ORDER Denying, without prejudice, #492 Motion to Quash Subpoena of Plaintiff Upon the Village Bank. Signed by Magistrate Judge George Foley, Jr. on 3/13/12. (Copies have been distributed pursuant to the NEF - MMM)
March 13, 2012 Opinion or Order Filing 495 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 3/13/2012. By Deputy Clerk: Heidi Ojeda. RE: #493 MOTION to Video Tape Deposition. Motion Hearing set for Thursday, March 22, 2012 at 10:30 AM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Responses to Defendant's Motion (#493) are due no later than Monday, March 19, 2012. The parties may appear telephonically, but should advise the Court prior to the hearing, by calling chambers at 702-464-5575, if they intend to do so. If appearing telephonically, please dial (702) 868-4910, password 123456, 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 - Ojeda, Heidi)
March 12, 2012 Opinion or Order Filing 494 MOTION to Compel by Defendant Jeremy D. Johnson. Responses due by 3/29/2012. (Attachments: #1 Exhibit Ex A Email Correspondence to Receiver, #2 Exhibit Ex B Graph(s))(Johnson, Jeremy)
March 12, 2012 Opinion or Order Filing 493 MOTION to video tape disposition; filed by Defendant Jeremy D. Johnson. Responses due by 3/29/2012. (Attachments: #1 Exhibit Ex A Email from Gary Caris, #2 Proposed Order)(Johnson, Jeremy)
March 6, 2012 Opinion or Order Filing 492 First MOTION to Quash by Defendant Jeremy D. Johnson. Motion ripe 3/6/2012. (Attachments: #1 Exhibit Subpoena, #2 Exhibit Court Order, #3 Proposed Order Proposed Order)(Johnson, Jeremy)
February 27, 2012 Opinion or Order Filing 491 Submission of PROPOSED ORDER on #483 Emergency MOTION to Expedite re: 469 MOTION for Order of Sale; filed by Receiver Robb Evans (Caris, Gary)
February 27, 2012 Opinion or Order Filing 490 ORDERED that #469 Receiver's First Omnibus Motion is GRANTED but only with respect to the sale of the Richfield Property. FURTHER ORDERED that the Receiver's Motion to Expedite #483 is GRANTED. Signed by Judge Roger L. Hunt on 2/24/12. (Copies have been distributed pursuant to the NEF - MMM)
February 23, 2012 Opinion or Order Filing 489 RESPONSE to #483 Emergency MOTION to Expedite re: 469 MOTION for Order of Sale; filed by Defendant Jeremy D. Johnson. Replies due by 3/4/2012. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Johnson, Jeremy)
February 23, 2012 Opinion or Order Filing 488 ORDER Granting #486 Motion to Withdraw as Attorney by Adriana Pereyra as counsel for Bryce Payne; Loyd Johnston; Kevin Pilon; Andy Johnson; Ryan Riddle; Jeremy D. Johnson; and Scott Muir. Signed by Magistrate Judge George Foley, Jr on 2/23/12. (Copies have been distributed pursuant to the NEF - MMM)
February 23, 2012 Opinion or Order Filing 487 ORDER Granting #485 Motion to Withdraw as Attorney by John Christian Barlow as counsel for Bryce Payne; Loyd Johnston; Kevin Pilon; Andy Johnson; Ryan Riddle; and Scott Muir. Signed by Magistrate Judge George Foley, Jr. on 2/23/12. (Copies have been distributed pursuant to the NEF - MMM)
February 22, 2012 Opinion or Order Filing 486 MOTION to Withdraw Attorney Andraina Pereyra; filed by Defendants Andy Johnson, Jeremy D. Johnson, Jeremy D. Johnson, Loyd Johnston, Scott Muir, Bryce Payne, Kevin Pilon, Ryan Riddle. Motion ripe 2/22/2012. (Attachments: #1 Proposed Order)(Barlow, John)
February 22, 2012 Opinion or Order Filing 485 MOTION to Withdraw as Attorney John Christian Barlow; filed by Defendants Andy Johnson, Jeremy D. Johnson, Jeremy D. Johnson, Loyd Johnston, Scott Muir, Bryce Payne, Kevin Pilon, Ryan Riddle. Motion ripe 2/22/2012. (Attachments: #1 Proposed Order)(Barlow, John)
February 21, 2012 Opinion or Order Filing 484 MINUTE ORDER IN THE CHAMBERS of the Honorable Judge Roger L. Hunt, on 2/21/2012, regarding the Receiver's Emergency Motion to Expedite Determination of Receiver's Motion to Approve Sale of Richfield Property Only (#483). Any opposition to the Receiver's Emergency Motion (#483) shall be filed by 2/23/2012. The Court will not entertain a Reply. (no image attached) (Copies have been distributed pursuant to the NEF - Smith, Marcus)
February 17, 2012 Opinion or Order Filing 483 Emergency MOTION to Expedite re: #469 MOTION for Order of Sale; filed by Receiver Robb Evans. Motion ripe 2/17/2012. (Attachments: #1 Exhibit 1)(Caris, Gary) Docket entry relationship added on 2/22/2012 (RFJ).
February 16, 2012 Opinion or Order Filing 482 ORDER Granting #481 Motion to Extend Time to Respond re #469 MOTION for Order of Sale Motion and First Omnibus Motion for Order (1) Approving and Confirming Sale of Real and Personal Property and for Related Relief; (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. Responses due by 3/19/2012. Signed by Judge Roger L. Hunt on 2/16/12. (Copies have been distributed pursuant to the NEF - MMM)
February 16, 2012 Opinion or Order Filing 481 First MOTION to Extend Time regarding dispositive matter (First Request) re #469 MOTION for Order of Sale; filed by Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Simcor Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 2/16/2012. (Attachments: #1 Proposed Order, #2 Exhibit 1 Affidavit of JCB, #3 Exhibit 2)(Barlow, John)
February 16, 2012 Opinion or Order Filing 480 ORDER Granting #479 Motion to Extend Time re #469 MOTION for Order of Sale Motion and First Omnibus Motion for Order (1) Approving and Confirming Sale of Real and Personal Property and for Related Relief; (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. Responses due by 3/19/2012. Signed by Judge Roger L. Hunt on 2/16/12. (Copies have been distributed pursuant to the NEF - MMM)
February 15, 2012 Opinion or Order Filing 479 First MOTION to Extend Time regarding discovery/nondispositive matter (First Request) re #469 MOTION for Order of Sale Motion and First Omnibus Motion for Order (1) Approving and Confirming Sale of Real and Personal Property and for Related Relief; (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Poi MOTION for Order of Sale Motion and First Omnibus Motion for Order (1) Approving and Confirming Sale of Real and Personal Property and for Related Relief; (2) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Poi by Defendants Andy Johnson, Jeremy D. Johnson, Loyd Johnston, Scott Muir, Bryce Payne, Kevin Pilon, Ryan Riddle, Jeremy D. Johnson. Motion ripe 2/15/2012. (Attachments: #1 Proposed Order)(Johnson, Jeremy)
February 14, 2012 Opinion or Order Filing 478 CERTIFICATE OF SERVICE for Order (Motion to Compel-#423) by Receiver Robb Evans re #477 Order on Motion to Compel,,,,,. (Caris, Gary)
February 13, 2012 Opinion or Order Filing 477 ORDER Granting #423 Receiver's Motion to Compel as follows: Johnson and those referenced in this order are ordered to turnover possession of the above-listed assets or items, or otherwise provide detailed information to the Receiver regarding the location and contact information for those presently in possession of those assets or items, to the Receiver within seven days from the date of this order. Signed by Judge Roger L. Hunt on 2/13/12. (Copies have been distributed pursuant to the NEF - MMM)
February 6, 2012 Opinion or Order Filing 476 ORDER Granting #473 Motion to Withdraw as Attorney by Jacob A. Reynolds, Mark A. Hutchison, and Todd W Prall. FURTHER ORDERED that Defendants Lifestyles for Fitness, Inc. and Fitness for Life, Inc. shall have until 3/6/12 to retain new counsel if they intend to continue to litigate this matter. The clerk shall add the last known address of Defendants Lifestyles for Fitness, Inc. and Fitness for Life, Inc. to the civil docket and serve a copy of this order. Signed by Magistrate Judge George Foley, Jr on 2/6/12. (Copies have been distributed pursuant to the NEF - MMM)
February 3, 2012 Opinion or Order Filing 475 TRANSCRIPT of Proceedings, 459 Order on Motion to Intervene,,,,,,,, Order on Motion to Stay,,,,,,,, Motion Hearing,,,,,,, held on 01/26/2012, before Judge Roger L. Hunt. Court Reporter: Heather Newman, 702-464-5828. 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 the Court Reporter or PACER. Redaction Request due 2/24/2012. Redacted Transcript Deadline set for 3/5/2012. Release of Transcript Restriction set for 5/3/2012. (HKN)
February 3, 2012 Opinion or Order Filing 474 TRANSCRIPT of Proceedings, 434 Order on Motion,,,,,,,,,,,,,, Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,,,,,, Motion Hearing,,,,,,,,,,,,, held on 01/05/2012, before Judge Roger L. Hunt. Court Reporter: Heather Newman, 702-464-5828. 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 the Court Reporter or PACER. Redaction Request due 2/24/2012. Redacted Transcript Deadline set for 3/5/2012. Release of Transcript Restriction set for 5/3/2012. (HKN)
February 3, 2012 Opinion or Order Filing 473 MOTION to Withdraw as Attorney by Mark A. Hutchison; Todd W. Prall; Jacob A. Reynolds. by Defendants Fitness For Life, Inc., Lifestyles For Fitness, Inc.. Motion ripe 2/3/2012. (Prall, Todd)
February 3, 2012 Opinion or Order Filing 472 CERTIFICATE OF SERVICE re #465 Appendix, #468 Appendix, #464 Status Report, #467 Appendix, #466 Appendix; filed by Receiver Robb Evans. (Howard, Randolph)
February 3, 2012 Opinion or Order Filing 471 CERTIFICATE OF SERVICE re #465 Appendix, #468 Appendix, #464 Status Report, #467 Appendix, #466 Appendix; filed by Receiver Robb Evans. (Caris, Gary)
February 3, 2012 Opinion or Order Filing 470 NOTICE re #469 MOTION for Order of Sale; filed by Receiver Robb Evans. (Caris, Gary)
February 3, 2012 Opinion or Order Filing 469 MOTION for Order of Sale Motion and First Omnibus Motion for Order (1) Approving and Confirming Sale of Real and Personal Property and for Related Relief; (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. Motion ripe 2/3/2012. (Attachments: #1 Exhibit 1 through 6, #2 Exhibit 7 through 10, #3 Exhibit 11 through 14)(Caris, Gary)
February 3, 2012 Opinion or Order Filing 468 APPENDIX of Exhibits to #464 Status Report; filed by Receiver Robb Evans. (Howard, Randolph)
February 3, 2012 Opinion or Order Filing 467 APPENDIX of Exhibits to #464 Status Report; filed by Receiver Robb Evans. (Howard, Randolph)
February 3, 2012 Opinion or Order Filing 466 APPENDIX of Exhibits to #464 Status Report ; filed by Receiver Robb Evans. (Howard, Randolph)
February 3, 2012 Opinion or Order Filing 465 APPENDIX of Exhibits to #464 Status Report; filed by Receiver Robb Evans. (Howard, Randolph)
February 3, 2012 Opinion or Order Filing 464 STATUS REPORT (Report of Receiver's Financial Reconstruction [January 31, 2012]) by Receiver Robb Evans. (Howard, Randolph)
January 31, 2012 Opinion or Order Filing 463 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 1/31/2012. By Deputy Clerk: Heidi Ojeda. RE: #437 Order to Show Cause. The Court has reviewed Defendants' Response to Order to Show Cause (#461) and finds that it is sufficient. The Court will take no further action against the corporate Defendants at this time. (no image attached) (Copies have been distributed pursuant to the NEF - Ojeda, Heidi)
January 30, 2012 Opinion or Order Filing 462 NOTICE by Plaintiff Federal Trade Commision of Withdrawal of Motion to Quash Subpoenas (Weinman, Dotan)
January 30, 2012 Opinion or Order Filing 461 REPLY to 406 Minute Order,, #437 Order to Show Cause, ; filed by Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Simcor Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. (Barlow, John)
January 27, 2012 Opinion or Order Filing 460 REPLY to Response to #423 MOTION to Compel Turnover of Aircraft, Related Documentation and Vehicle to Receiver Pursuant to Preliminary Injunction Order; Memorandum of Points and Authorities and Declaration of Gary Owen Caris in Support Thereof ; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1)(Caris, Gary)
January 27, 2012 Opinion or Order Filing 458 ORDER Granting #456 Verified Petition for Permission to Practice Pro Hac Vice for Attorney John Christian Barlow and approving Designation of Local Counsel Adriana Pereyra for Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Andy Johnson, Jeremy D. Johnson, Loyd Johnston, Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc. Signed by Judge Roger L. Hunt on 1/27/12. 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 - MMM)
January 27, 2012 Opinion or Order Filing 457 ORDER Granting #411 Motion for Order: (1) Approving and Confirming Sale of Real Property located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, formerly Triple Seven, L.P. with such Lien to Attach to the Proceeds of Sale, (2) Approving Publication and Overbid Procedures; (3) for Related Relief in Connection with such Proposed Sale; and (4) Granting Relief from Local Rule 66-5 pertaining to Notice to Creditors. See Order for details. Signed by Judge Roger L. Hunt on 1/27/12. (Copies have been distributed pursuant to the NEF - MMM)
January 26, 2012 Opinion or Order Filing 459 MINUTES OF PROCEEDINGS - Motion Hearing held on 1/26/2012 before Judge Roger L. Hunt. Crtrm Administrator: Kandy Capozzi; Pla Counsel: J. Ronald Brooke; Dotan Weinman; Receiver's Counsel: Gary Caris; Intervenor's Counsel: Jeannette Swent; Def Counsel: Michael Studebaker; John Barlow; Adriana Pereyra; Pro Se Defendants: Jeremy Johnson; Andy Johnson; Loyd Johnston; Scott Muir; Bryce Payne; Kevin Pilon; Ryan Riddle; Court Reporter/FTR #: Heather Newman; Time of Hearing: 10:00 AM; Courtroom: 6C; Findings and Orders are entered on the record: Motion for Order Approving and Confirming Sale of Hollister Property #411 GRANTED. Mr. Caris shall prepare an order for the Court's approval. Motion to Intervene #438 GRANTED to the extent the United States will be permitted to intervene for the limited purpose of challenging discovery requests by way of motions to quash or for protective orders. Motion to Stay #439 is DENIED to the extent the Court finds the current stay #263 , which limits discovery to documentary evidence, is adequate. However, the sixteen separate "motions" to quash subpoenas contained in Motion #439 are all GRANTED. Attorney Nathan Crane, who represents Jeremy Johnson in the criminal case, is permitted to address the Court. All pro se defendants also address the Court and the Court responds to their inquires and concerns. Upon request of Mr. Weinman, IT IS ORDERED all parties shall be given advance notice when a subpoena is issued in this case. This requirement does not apply to the Receiver. However, the Receiver shall advise the parties when documents are received as a result of a subpoena. (Copies have been distributed pursuant to the NEF - KMC)
January 26, 2012 Opinion or Order Filing 456 VERIFIED PETITION for Permission to Practice Pro Hac Vice by John Christian Barlow and DESIGNATION of Local Counsel Adriana Pereyra (Filing fee $ 200 receipt number 0978-2253417) by Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Andy Johnson, Jeremy D. Johnson, Loyd Johnston, Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 1/26/2012. (Attachments: #1 Certificate of Good Standing)(Pereyra, Adriana)
January 26, 2012 Opinion or Order Filing 455 ORDER Denying #452 Motion to File Attached Sur-Reply. Signed by Judge Roger L. Hunt on 1/26/12. (Copies have been distributed pursuant to the NEF - MMM)
January 26, 2012 Opinion or Order Filing 454 Submission of PROPOSED ORDER on #411 MOTION for Order: (1) Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, Formerly Triple Seven, L.P. With Such Lien t MOTION for Order: (1) Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, Formerly Triple Seven, L.P. With Such Lien t MOTION for Order: (1) Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, Formerly Triple Seven, L.P. With Such Lien t ; filed by Receiver Robb Evans. (Caris, Gary)
January 25, 2012 Opinion or Order Filing 453 RESPONSE to #438 MOTION to Intervene, filed by Defendant Jet Processing Inc.. DEFENDANTS JET PROCESSING AND TERRSON SPINKS' WAIVER OF APPEARANCE Replies due by 2/4/2012. (Boyack, Edward)
January 25, 2012 Opinion or Order Filing 452 MOTION Motion to File Attached Sur-Reply re #445 Response to Motion, And Attached Proposed Sur-Reply by Plaintiff Federal Trade Commision. Responses due by 2/11/2012. (Attachments: #1 Declaration, #2 Exhibit, #3 Declaration, #4 Exhibit)(Brooke, Joseph)
January 25, 2012 Opinion or Order Filing 451 REPLY to Response to #439 MOTION to Stay (Limited Stay of Discovery) ; filed by Intervenor United States of America. (Attachments: #1 Exhibit A)(Swent, Jeannette)
January 25, 2012 Opinion or Order Filing 450 REPLY to Response to #438 MOTION to Intervene ; filed by Intervenor United States of America. (Attachments: #1 Exhibit A)(Swent, Jeannette)
January 24, 2012 Opinion or Order Filing 449 ORDER Granting #413 Motion for Order Authorizing Filing Under Seal of Confidential Valuation Exhibits. Signed by Judge Roger L. Hunt on 1/24/12. (Copies have been distributed pursuant to the NEF - MMM)
January 24, 2012 Opinion or Order Filing 448 ORDER Granting #447 Motion to Quash. Signed by Judge Roger L. Hunt on 1/24/12. (Copies have been distributed pursuant to the NEF - MMM)
January 23, 2012 Opinion or Order Filing 447 MOTION to Quash Jeremy Johnsons Subpoena to Federal Trade Commission Counsel Collot Guerard by Plaintiff Federal Trade Commision. Motion ripe 1/23/2012. (Attachments: #1 Exhibit A, #2 Proposed Order)(Weinman, Dotan)
January 20, 2012 Opinion or Order Filing 446 ERRATA to #445 Response to Motion, ; filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Johnson, Jeremy)
January 19, 2012 Opinion or Order Filing 445 RESPONSE to #439 MOTION to Stay (Limited Stay of Discovery), filed by Defendant Jeremy D. Johnson. and joined by defendants Replies due by 1/29/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Johnson, Jeremy)
January 19, 2012 Opinion or Order Filing 444 NOTICE OF RELATED CASES by Plaintiff Federal Trade Commision. Motion to Quash Subpoenas in the Federal District Court for the District of Columbia (Attachments: #1 Exhibit A)(Weinman, Dotan)
January 19, 2012 Opinion or Order Filing 443 RESPONSE to #439 MOTION to Stay (Limited Stay of Discovery), filed by Plaintiff Federal Trade Commision. Replies due by 1/29/2012. (Kopec, Janice)
January 18, 2012 Opinion or Order Filing 442 CORRECTED NOTICE of Hearing on Motions. The Court corrects its previous Notice of Hearing (#440). The hearing is set for Thursday, January 26, 2012, at 10:00 AM. (no image attached) (Smith, Marcus)
January 17, 2012 Opinion or Order Filing 441 RESPONSE to #423 MOTION to Compel Turnover of Aircraft, Related Documentation and Vehicle to Receiver Pursuant to Preliminary Injunction Order; Memorandum of Points and Authorities and Declaration of Gary Owen Caris in Support Thereof, filed by Defendant Jeremy D. Johnson. Replies due by 1/27/2012. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Jeremy)
January 13, 2012 Opinion or Order Filing 440 NOTICE of Hearing on the Receiver's Motion for Order Approving Sale of Real Property (#411) and Motion to Seal (#413), as well as non-party the United States of America's Motion to Intervene (#438) and Motion to Stay (#439). The hearing is set for Thursday, January 26, 2012, at 10:00 PM in LV Courtroom 6C before Judge Roger L. Hunt. The parties shall have until Thursday, January 19, 2012, to file any opposition to the United States of America's motions, and the United States of America shall have until noon on Wednesday, January 25, 2012, to file any reply. (no image attached) (Smith, Marcus)
January 12, 2012 Opinion or Order Filing 439 MOTION to Stay; filed by Intervenor United States of America. Motion ripe 1/12/2012. (Attachments: #1 (A) (Indictment))(Swent, Jeannette)
January 12, 2012 Opinion or Order Filing 438 MOTION to Intervene; filed by Intervenor United States of America. Responses due by 1/29/2012. (Attachments: #1 (A) (Indictment))(Swent, Jeannette)
January 11, 2012 Opinion or Order Filing 437 ORDER TO SHOW CAUSE. Show Cause Response due by 1/31/2012. FURTHER ORDERED that the Clerk shall serve a copy of this Order to Show Cause on the above listed Defendants. Signed by Magistrate Judge George Foley, Jr. on 1/11/12. (Copies have been distributed pursuant to the NEF - MMM)
January 9, 2012 Opinion or Order Filing 436 NOTICE of Change of Attorney on behalf of Defendants CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Jeremy D. Johnson, Market Funding Solutions, Inc., Success Marketing, Inc.. (Hutchison, Mark)
January 9, 2012 Opinion or Order Filing 435 REPLY to Response to #411 MOTION for Order: (1) Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, Formerly Triple Seven, L.P. With Such Lien t MOTION for Order; filed by Receiver Robb Evans. (Caris, Gary)
January 6, 2012 Opinion or Order Filing 434 MINUTES OF PROCEEDINGS - Motion Hearing held on 1/5/2012 before Judge Roger L. Hunt. Crtrm Administrator: Kandy Capozzi; Pla Counsel: J. Ronald Brooke; Receiver's Counsel: Gary Caris; Def Counsel: Jeremy Johnson (pro se); Court Reporter/FTR #: Heather Newman; Time of Hearing: 9:00 AM - 10:20 AM; Courtroom: 6C; The Court explains to Mr. Johnson that the Court could have entered a ruling on the Motion #404 regarding payment of taxes from the briefs without a hearing being held and that was an additional reason why his Motion to Continue #429 this hearing was denied. However, since the Court had already scheduled this hearing on other motions and the motion regarding the payment of taxes was fully briefed, it was added to today's docket. Representations are heard and counsel and Mr. Johnson respond to the Courts inquiries. Accordingly, IT IS HEREBY ORDERED the Emergency Motion to Compel Jeremy Johnson and Others to Comply with the Preliminary Injunction Order #416 is granted to the extent that all websites whose site name includes the name of the receiver Robb Evans, or any variation of the receiver's name, shall be disabled. IT IS FURTHER ORDERED the Motion Regarding Deceptive Domain Names, Websites and Emails #417 is denied. However, the Court directs the FTC to accept Johnsons offer to work together to identify statements on the sites which imply the sites are associated with the FTC or the Government. The Court will not preclude the use of websites whose names include names of the attorneys. However, although the websites themselves explain they are not the websites of those persons, the emails do not. Accordingly, IT IS FURTHER ORDERED Mr. Johnson shall cease and desist the use of such email addresses. The Court warns the parties that if it is brought to the Court's attention that someone is not attempting in good faith to cooperate in efforts to resolve these issues, the Court may consider contempt on either side. IT IS FURTHER ORDERED the Motion to Order Receiver to File and Pay Taxes #404 is denied to the extent the Court will not order payment and the Receiver may proceed as proposed with the following added provisions: The State of Utah taxing authorities shall be notified immediately that both the property and taxes are tied up in this litigation. Further, when a motion is brought regarding how the liens should be addressed, those taxing authorities shall be notified in sufficient time to allow them to appear and be heard on the lien issues. The FTC and/or Receiver shall make the IRS and all relevant state tax authorities aware of this case and its complications. They shall also strive to negotiate so that no penalties accrue and no actions be taken against Mr. Johnson or any of the other corporations during the pendency of this action and the Receivership.The stay is lifted as to Mr. Johnson and production of documents. However, the limitation against taking Mr. Johnsons deposition shall remain in place. The motion to extend the stay pursuant to the request in the Joint Status Report on Limited Stay #424 is granted with the removal of the exceptions in Paragraph 2. All remaining pending motions will be addressed at the appropriate time when fully briefed. (Copies have been distributed pursuant to the NEF - KMC) Modified on 2/3/2012 to correct hearing date(KMC).
January 6, 2012 Opinion or Order Filing 433 NOTICE by Plaintiff Federal Trade Commision Notice of Filing (Attachments: #1 Exhibit)(Kopec, Janice)
January 4, 2012 Opinion or Order Filing 432 ORDER Denying #429 Motion to Continue District Judge Hearing. Signed by Judge Roger L. Hunt on 1/4/12. (Copies have been distributed pursuant to the NEF - ASB)
January 4, 2012 Opinion or Order Filing 431 RESPONSE to #429 First MOTION to Continue District Judge Hearing For January 5, 2012, filed by Receiver Robb Evans. Receiver's Opposition to Jeremy Johnson's Motion for Continuance Replies due by 1/14/2012. (Caris, Gary)
January 4, 2012 Opinion or Order Filing 430 RESPONSE to #429 First MOTION to Continue District Judge Hearing For January 5, 2012, filed by Plaintiff Federal Trade Commision. Replies due by 1/14/2012. (Kopec, Janice)
January 4, 2012 Opinion or Order Filing 429 First MOTION to Continue District Judge Hearing For January 5, 2012 by Defendant Jeremy D. Johnson. Motion ripe 1/4/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Johnson, Jeremy)
January 3, 2012 Opinion or Order Filing 428 REPLY to Response to #417 Emergency MOTION for Order; filed by Plaintiff Federal Trade Commision. (Attachments: #1 Declaration)(Brooke, Joseph)
January 3, 2012 Opinion or Order Filing 427 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 1/3/2012. The Court amends its previous Notice of Hearing (Dkt. #418). In the hearing set for January 5, 2012 at 09:00 AM, the Court will also hear argument on Jeremy Johnson's Motion to Order Receiver to File and Pay Taxes (Dkt. #404). (no image attached)(Copies have been distributed pursuant to the NEF - Smith, Marcus)
January 3, 2012 Opinion or Order Filing 426 REPLY to Response to #416 Emergency MOTION to Compel; filed by Receiver Robb Evans. (Caris, Gary)
December 30, 2011 Opinion or Order Filing 425 RESPONSE to #411 MOTION for Order; filed by Defendant Jeremy D. Johnson. Replies due by 1/9/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Johnson, Jeremy)
December 30, 2011 Opinion or Order Filing 424 Joint STATUS REPORT re: #263 LIMITED STAY; filed by Plaintiff Federal Trade Commision. (Attachments: #1 Defendants' Exhibit A)(Weinman, Dotan)
December 30, 2011 Opinion or Order Filing 423 MOTION to Compel re: #130 PRELIMINARY INJUNCTION; filed by Receiver Robb Evans. Responses due by 1/16/2012. (Attachments: #1 Exhibit 1 through 8 to Caris Declaration, #2 Declaration of Kenton Johnson, #3 Exhibit 1 through 8 to Johnson Declaration)(Caris, Gary)
December 28, 2011 Opinion or Order Filing 422 RESPONSE to #416 Emergency MOTION to Compel; filed by Defendant Jeremy D. Johnson. Replies due by 1/7/2012. (Attachments: #1 Exhibit A, #2 Exhibit B)(Johnson, Jeremy)
December 28, 2011 Opinion or Order Filing 421 REPLY to Response to #417 Emergency MOTION; filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Johnson, Jeremy)
December 28, 2011 Opinion or Order Filing 420 REPLY to Response to #404 MOTION Motion to Order Receiver to File and Pay Taxes; filed by Defendant Jeremy D. Johnson. (Johnson, Jeremy)
December 16, 2011 Opinion or Order Filing 419 RESPONSE to #404 MOTION Motion to Order Receiver to File and Pay Taxes, filed by Receiver Robb Evans. Receiver's Opposition to Defendant Jeremy Johnson's Motion to Order Receiver to File and Pay Taxes; Declaration of Brick Kane in Support Thereof Replies due by 12/26/2011. (Attachments: #1 Exhibit 1)(Caris, Gary)
December 16, 2011 Opinion or Order Filing 418 NOTICE of Hearing on #416 Emergency MOTION to Compel Jeremy Johnson and Others to Comply with Preliminary Injunction Order by Disabling Improper Web Site; Memorandum of Points and Authorities and Declaration of Gary Owen Caris in Support Thereof, and #417 Emergency MOTION REGARDING DECEPTIVE DOMAIN NAMES, WEBSITES, AND E-MAILS. Motion Hearing set for January 5, 2012 at 09:00 AM in LV Courtroom 6C before Judge Roger L. Hunt. Any oppposition to these motions shall be filed on December 27, 2011, and any reply by January 3, 2012. (no image attached) (Smith, Marcus)
December 15, 2011 Opinion or Order Filing 417 Emergency MOTION for Order; file by Plaintiff Federal Trade Commision. Responses due by 1/1/2012. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Weinman, Dotan)
December 14, 2011 Opinion or Order Filing 416 Emergency MOTION to Compel Jeremy Johnson and Others to Comply with Preliminary Injunction Order by Disabling Improper Web Site; Memorandum of Points and Authorities and Declaration of Gary Owen Caris in Support Thereof by Receiver Robb Evans. Responses due by 12/31/2011. (Attachments: #1 Exhibit 1 through 7)(Caris, Gary)
December 13, 2011 Opinion or Order Filing 414 Submission of PROPOSED ORDER filed by Receiver Robb Evans [Authorizing Filing Under Seal of Confidential Valuation Exhibits to Declaration of Kenton Johnson in Support of Receivers Motion for Order Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and for Other Relief and for Order Limiting Service of Such Confidential Valuation Exhibits]. (Howard, Randolph)
December 13, 2011 Opinion or Order Filing 413 MOTION to Seal (Motion for Order Authorizing Filing Under Seal of Confidential Valuation Exhibits to Declaration of Kenton Johnson in Support of Receiver's Motion for Order Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and for Other Relief and for Order Limiting Service of Such Confidential Valuation Exhibits) by Receiver Robb Evans. Motion ripe 12/13/2011. (Howard, Randolph)
December 13, 2011 Opinion or Order Filing 412 NOTICE by Receiver Robb Evans re #411 MOTION for Order: (1) Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, Formerly Triple Seven, L.P. With Such Lien t MOTION for Order: (1) Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, Formerly Triple Seven, L.P. With Such Lien t MOTION for Order: (1) Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, Formerly Triple Seven, L.P. With Such Lien t. (Howard, Randolph)
December 13, 2011 Opinion or Order Filing 411 MOTION for Order: (1) Approving and Confirming Sale of Real Property Located at 127 Hollister Avenue, Santa Monica, California and Furnishings by Private Sale Free and Clear of the Lien of Triple Seven LLC, Formerly Triple Seven, L.P. With Such Lien to Attach to the Proceeds of Sale, (2) Approving Publication and Overbid Procedures; (3) for Related Relief in Connection With Such Proposed Sale; and (4) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 12/30/2011. (Attachments: #1 Exhibit 1 - 6)(Howard, Randolph)
December 7, 2011 Opinion or Order Filing 410 ORDER Striking #329 Motion for Attorney Fees. Denying #348 Motion to Change Venue. Denying #350 Motion to Sever.; Denying 356 Motion for Appointment of an auditor. Denying 357 Motion for Appointment of an auditor. Granting #377 Motion to Compel. The Court orders the Utah Action to be dismissed. Signed by Judge Roger L. Hunt on 12/7/2011. (Copies have been distributed pursuant to the NEF - SLR)
December 5, 2011 Opinion or Order Filing 409 REPLY to Response to #350 MOTION to Sever Fielding Defendants ; filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. (Studebaker, Michael P.)
December 5, 2011 Opinion or Order Filing 408 REPLY to Response to #348 MOTION to Change Venue; filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. (Studebaker, Michael P.)
December 2, 2011 Opinion or Order Filing 407 ORDER Granting #387 Motion for Protective Order. Signed by Magistrate Judge George Foley, Jr on 12/2/2011. (Copies have been distributed pursuant to the NEF - SLR)
December 2, 2011 Opinion or Order Filing 406 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 12/2/2011. By Deputy Clerk: Heidi Ojeda. Pursuant to the Court's Orders (#353 and #365), all corporate Defendants must retain counsel. Therefore, any unrepresentated corporate Defendant in this action must, no later than Tuesday, January 3, 2012 , retain counsel. Failure to do so may result in a default judgment entered. (no image attached) (Copies have been distributed pursuant to the NEF - Ojeda, Heidi)
December 2, 2011 Opinion or Order Filing 405 REPLY to Response to #377 Emergency MOTION to Compel; filed by Receiver Robb Evans. (Attachments: #1 Exhibit 1 to Caris Declaration)(Caris, Gary)
December 1, 2011 Opinion or Order Filing 404 MOTION to Order Receiver to File and Pay Taxes; filed by Defendant Jeremy D. Johnson. Responses due by 12/18/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Johnson, Jeremy)
December 1, 2011 Opinion or Order Filing 403 REPLY to Response to #387 MOTION for Protective Order; filed by Plaintiff Federal Trade Commision. (Attachments: #1 Proposed Order)(Kopec, Janice)
November 28, 2011 Opinion or Order Filing 402 ORDER Denying as moot #381 Motion to Extend Time. Signed by Judge Roger L. Hunt on 11/28/2011. (Copies have been distributed pursuant to the NEF - SLR)
November 28, 2011 Opinion or Order Filing 401 ORDER Granting #395 Unopposed Motion for Extension to Reply to #348 MOTION to Change Venue and #350 MOTION to Sever. Replies due by 12/5/2011. Signed by Judge Roger L. Hunt on 11/28/2011. (Copies have been distributed pursuant to the NEF - SLR)
November 28, 2011 Opinion or Order Filing 400 ORDER Granting #397 NOTICE by Intervenor SunFirst Bank to Withdraw #314 Motion for Declaratory Relief as to Sharla Johnson. Signed by Judge Roger L. Hunt on 11/28/2011 (Copies have been distributed pursuant to the NEF - SLR)
November 28, 2011 Opinion or Order Filing 399 ORDER Granting #398 NOTICE by Intervenor SunFirst Bank to Withdraw #318 Motion for Declaratory Relief as to I Works, Inc Loan. Signed by Judge Roger L. Hunt on 11/28/2011. (Copies have been distributed pursuant to the NEF - SLR)
November 23, 2011 Opinion or Order Filing 398 NOTICE by Intervenor SunFirst Bank re #318 MOTION Declaratory Relief re #317 MOTION Declaratory Relief establishing the loan entered into by I Works is valid. WITHDRAW MOTION (Docket #317) (Fisher, Nathan)
November 23, 2011 Opinion or Order Filing 397 WITHDRAWAL of Motion re: #314 MOTION Declaratory Relief; filed by Intervenor SunFirst Bank. (Fisher, Nathan) Event modified on 12/6/2011 (RFJ).
November 22, 2011 Opinion or Order Filing 396 RESPONSE to #377 Emergency MOTION to Compel; filed by Defendant Jeremy D. Johnson. Replies due by 12/2/2011. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Johnson, Jeremy)
November 22, 2011 Opinion or Order Filing 395 Unopposed MOTION to Extend Time regarding discovery/nondispositive matter (Second Request) re #374 Response to Motion, #375 Response - Other by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 11/22/2011. (Attachments: #1 Proposed Order)(Studebaker, Michael P.)
November 21, 2011 Opinion or Order Filing 394 RESPONSE to #387 MOTION for Protective Order For Personally Identifiable Information, filed by Defendant Jeremy D. Johnson. Replies due by 12/1/2011. (Attachments: #1 Exhibit Proposed Protective Order)(Johnson, Jeremy)
November 21, 2011 Opinion or Order Filing 393 TRANSCRIPT of Proceedings, 345 Motion Hearing held on 10/14/2011, before Judge Roger L. Hunt. Court Reporter/Transcriber: NW Transcripts, LLC, 208-908-7998. 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 #www.nvd.uscourts.gov before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER Redaction Request due 12/12/2011. Redacted Transcript Deadline set for 12/22/2011. Release of Transcript Restriction set for 2/19/2012. (ABB)
November 18, 2011 Opinion or Order Filing 392 WITHDRAWAL of Motion #376 MOTION to Compel by Defendant Kevin Pilon. (SLR)
November 18, 2011 Opinion or Order Filing 391 ORDER ON MANDATE as to #296 Notice of Appeal, #293 Notice of Appeal, #388 USCA Order. (Copies have been distributed pursuant to the NEF - SLR)
November 17, 2011 Opinion or Order Filing 390 STIPULATION FOR EXTENSION OF TIME (Second Request) to Respond to SunFirst Bank's Motions for Declaratory Relief by Receiver Robb Evans. (Caris, Gary)
November 17, 2011 Opinion or Order Filing 388 ORDER of USCA, Ninth Circuit, as to #293 #296 Notices of Appeal. Motion for voluntary dismissal granted. Order shall constitute the mandate. (ECS)
November 16, 2011 Opinion or Order Filing 387 MOTION for Protective Order For Personally Identifiable Information by Plaintiff Federal Trade Commision. Motion ripe 11/16/2011. (Attachments: #1 Proposed Order)(Kopec, Janice)
November 16, 2011 Opinion or Order Filing 386 ORDER STRIKING FILED DOCUMENT. Docket No. #382 MOTION to Compel is stricken per Local Rule. Signed by Magistrate Judge George Foley, Jr on 11/16/2011. (Copies have been distributed pursuant to the NEF - SLR)
November 16, 2011 Opinion or Order Filing 385 ORDER Denying #340 Motion to Relocate Aircraft. Defendant Jeremy Johnsons request for an evidentiary hearing is denied. Signed by Magistrate Judge George Foley, Jr on 11/16/2011. (Copies have been distributed pursuant to the NEF - SLR)
November 15, 2011 Opinion or Order Filing 384 NOTICE by Defendant Jeremy D. Johnson Notice of Withdrawal of Subpoena (Johnson, Jeremy)
November 15, 2011 Opinion or Order Filing 383 ORDER STRIKING FILED DOCUMENT. Docket No. #376 MOTION to Compel is stricken per Local Rule. Signed by Magistrate Judge George Foley, Jr on 11/15/2011. (Copies have been distributed pursuant to the NEF - SLR)
November 14, 2011 Opinion or Order Filing 382 STRICKEN per #386 Order. (SLR) MOTION to Compel Discovery by Defendant Scott Muir. Responses due by 12/1/2011.
November 14, 2011 Opinion or Order Filing 381 MOTION to Extend Time regarding discovery/nondispositive matter (First Request) re #374 Response to Motion, #375 Response - Other by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 11/14/2011. (Attachments: #1 Proposed Order)(Studebaker, Michael P.)
November 14, 2011 Opinion or Order Filing 380 ORDER re #377 Motion for Order Compelling Jeremy Johnson's Compliance with Preliminary Injunction Order. Responses due by 11/22/2011. Signed by Judge Roger L. Hunt on 11/14/2011. (Copies have been distributed pursuant to the NEF - SLR)
November 10, 2011 Opinion or Order Filing 379 REPLY to Response to #340 MOTION to Relocate Aircraft ; filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Johnson, Jeremy)
November 10, 2011 Opinion or Order Filing 378 REPLY to Response to #340 MOTION to Relocate Aircraft ; filed by Defendant Jeremy D. Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Johnson, Jeremy)
November 10, 2011 Opinion or Order Filing 377 Emergency MOTION to Compel filed by Receiver Robb Evans. Responses due by 11/27/2011. (Attachments: #1 Exhibit 1 through 5)(Caris, Gary)
November 9, 2011 Opinion or Order Filing 376 STRICKEN per #383 Order. (SLR) MOTION to Compel Discovery by Defendant Kevin Pilon. Responses due by 11/26/2011. (SLR)
November 4, 2011 Opinion or Order Filing 375 RESPONSE to #348 MOTION to Change Venue; filed by Plaintiff Federal Trade Commision. (Attachments: #1 Supp. Declaration of R. Tyndall)(Weinman, Dotan)
November 4, 2011 Opinion or Order Filing 374 RESPONSE to #350 MOTION to Sever, filed by Plaintiff Federal Trade Commision. Replies due by 11/14/2011. (Brooke, Joseph)
November 3, 2011 Opinion or Order Filing 373 REPLY to Response #360 to #329 MOTION for Attorney Fees ; filed by Defendant Jeremy D Johnson. Reply To Recievers Opposition to Motion for Attorney Fees (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(Johnson, Jeremy)
November 3, 2011 Opinion or Order Filing 372 REPLY to Response #361 to #329 MOTION for Attorney Fees ; filed by Defendant Jeremy D Johnson. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Johnson, Jeremy)
November 3, 2011 Opinion or Order Filing 371 ORDER STRIKING FILED DOCUMENT. Docket No. #370 MOTION to Compel Discovery is stricken. Signed by Magistrate Judge George Foley, Jr on 11/3/2011. (Copies have been distributed pursuant to the NEF - SLR)
November 3, 2011 Opinion or Order Filing 370 STRICKEN per #370 Order. (SLR) MOTION to Compel Discovery by Defendant Jeremy D Johnson. Responses due by 11/20/2011. (Johnson, Jeremy)
November 1, 2011 Opinion or Order Filing 368 NOTICE of Completion of Electronic Filing Training as to #359 Order on Motion for Pro Se Litigant to File Electronically by Defendant Jeremy D Johnson. (DXS)
October 31, 2011 Opinion or Order Filing 367 RESPONSE to #340 MOTION to Relocate Aircraft, filed by Receiver Robb Evans. Replies due by 11/10/2011. (Attachments: #1 Declaration of Neil Jones, #2 Declaration of Dale Norby)(Caris, Gary)
October 31, 2011 Opinion or Order Filing 366 RESPONSE to #340 MOTION to Relocate Aircraft, filed by Plaintiff Federal Trade Commision. Replies due by 11/10/2011. (Brooke, Joseph)
October 28, 2011 Opinion or Order Filing 365 ORDER granting #330 Motion to Withdraw as Attorney. Keen L. Ellsworth and Andrew D. Smith withdrawn from the case. I Works, Inc., Cloud Nine, Inc., CPA Upsell, Inc., Elite Debit, Inc., Internet Economy, Inc., Markey Funding, Inc., and Success Marketing, Inc. must retain new counsel if they intend to continue to litigate this matter. Signed by Magistrate Judge George Foley, Jr on 10/28/11. (Copies have been distributed pursuant to the NEF - ECS)
October 27, 2011 Opinion or Order Filing 364 STATEMENT re #346 MOTION to Change Address; filed by Receiver Robb Evans. (Hawes, Lesley)
October 25, 2011 Opinion or Order Filing 363 ORDER Granting #362 Motion to Withdraw Attorney Travis R. Marker. Signed by Magistrate Judge George Foley, Jr on 10/25/2011. (Copies have been distributed pursuant to the NEF - SLR)
October 24, 2011 Opinion or Order Filing 362 MOTION to Withdraw as Attorney by Travis R. Marker. Motion ripe 10/24/2011. (SLR)
October 24, 2011 Opinion or Order Filing 361 RESPONSE to #329 MOTION for Attorney Fees, filed by Plaintiff Federal Trade Commision. Replies due by 11/3/2011. (Kopec, Janice)
October 24, 2011 Opinion or Order Filing 360 RESPONSE to #329 MOTION for Attorney Fees; filed by Receiver Robb Evans. Replies due by 11/3/2011. (Attachments: #1 Exhibit 1 and 2)(Caris, Gary)
October 20, 2011 Opinion or Order Filing 359 ORDER Granting #355 Motion for Pro Se Litigant to File Electronically. Notice of Compliance is due by 11/11/2011. Signed by Magistrate Judge George Foley, Jr on 10/20/2011. (Copies have been distributed pursuant to the NEF - SLR)
October 19, 2011 Opinion or Order Filing 358 ORDER Granting #346 Motion to Change Address. Signed by Magistrate Judge George Foley, Jr on 10/19/2011. (Copies have been distributed pursuant to the NEF - SLR)
October 19, 2011 Opinion or Order Filing 355 MOTION for Pro Se Litigant to File Electronically by Defendant Jeremy D Johnson. Motion ripe 10/19/2011. (SLR)
October 19, 2011 Opinion or Order Filing 354 MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 10/19/2011. Regarding Defendant Jeremy Johnson's Emergency Motion to Relocate Aircraft (#340), the Court finds that the motion does not demonstrate an emergency. Therefore, the briefing schedule for the motion will proceed in the ordinary course pursuant to the rules. (no image attached) Copies have been distributed pursuant to the NEF - Smith, Marcus)
October 18, 2011 Opinion or Order Filing 353 ORDER Granting #312 Motion to Withdraw as Attorney Jeffrey P. Aylward and Gary W Barr. Loyd Johnson, Andy Johnson, Scott Muir, Bryce Payne, Kevin Pilon, and Ryan Riddle shall have until November 25, 2011, to advise the Court if they will retain new counsel. Signed by Magistrate Judge George Foley, Jr on 10/18/2011. (Copies have been distributed pursuant to the NEF - SLR)
October 18, 2011 Opinion or Order Filing 352 ORDER Denying #343 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge George Foley, Jr on 10/18/2011. (Copies have been distributed pursuant to the NEF - SLR) (Main Document 352 replaced on 10/18/2011) (MMM).
October 18, 2011 Opinion or Order Filing 351 MEMORANDUM filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC re #350 MOTION to Sever Fielding Defendants. (Studebaker, Michael P.)
October 18, 2011 Opinion or Order Filing 350 MOTION to Sever Fielding Defendants by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Responses due by 11/4/2011. (Studebaker, Michael P.)
October 18, 2011 Opinion or Order Filing 349 MEMORANDUM filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC re #348 MOTION to Change Venue to Federal District Court for the District of Utah. (Studebaker, Michael P.)
October 18, 2011 Opinion or Order Filing 348 MOTION to Change Venue to Federal District Court for the District of Utah by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Responses due by 11/4/2011. (Studebaker, Michael P.)
October 17, 2011 Opinion or Order Filing 347 NOTICE re 345 Order on Motion to Intervene; filed by Receiver Robb Evans (Attachments: #1 Exhibit 1)(Hawes, Lesley)
October 14, 2011 Opinion or Order Filing 346 MOTION to Change Address by Defendant Jeremy D Johnson. Responses due by 10/31/2011. (SLR)
October 14, 2011 Opinion or Order Filing 345 MINUTES OF PROCEEDINGS - Motion Hearing held on 10/14/2011 before Judge Roger L. Hunt. Crtrm Administrator: Kandy Capozzi; Pla Counsel: Ronald Brooke; Gary Caris (for Receiver Robb Evans); Def Counsel: Mike Studebaker (for Fielding defendants); Jeremy Johnson (pro se); Court Reporter/FTR #: Denise Saavedra; Time of Hearing: 3:00 PM; Courtroom: 6C; Sharla Johnson (Motion to Intervene); Michael Thomas (Interested Party - Bank of Utah); IT IS HEREBY ORDERED Motion to Amend/Correct #339 and Motion for Release of Funds #341 are STRICKEN for the reasons stated on the record. Ex Parte Motion for the Appointment of an Auditor #342 is also STRICKEN. There is no reason the motion should be filed ex parte and it also exceeds the page limitation set forth in the rules. However, Mr. Johnson may rewrite the motion so that it complies with the rules and file it as any other motion would be filed (not ex parte). Each party is limited to five minutes to give their argument and arguments are heard. The Court enters findings on the record. Accordingly, for the reasons stated, Motion to Intervene #292 , Motion to Stay #294 , Motion to Stay #298 , Motion to Stay #308 , Motion to Vacate #322 and Motion to Vacate #324 are DENIED. IT IS FURTHER ORDERED the temporary stay is lifted. Mr. Caris may prepare and submit an order for the Court's approval if he wishes. Otherwise, the transcript shall constitute the Order of the Court. Mr. Brooke requests Mr. Johnson correspond in writing other than by email. The Court notes that is also its preference. Additionally, the Court urges all parties to ensure the correct contact information is listed on the docket. (Copies have been distributed pursuant to the NEF - KMC)
October 14, 2011 Opinion or Order Filing 344 ORDER ON STIPULATION Granting #338 Stipulation for Extension of Time to File Responses to #314 & #318 Motion for Declaratory Relief. Responses due by 11/17/2011. Signed by Judge Roger L. Hunt on 10/14/11. (Copies have been distributed pursuant to the NEF - ASB)
October 14, 2011 Opinion or Order Filing 343 MOTION/APPLICATION for Leave to Proceed in forma pauperis by Defendant Jeremy D Johnson. Motion ripe 10/14/2011. (ASB)
October 14, 2011 Opinion or Order Filing 342 STRICKEN per 345 Minutes.EX PARTE MOTION for the Appointment of an Auditor by Defendant Jeremy D Johnson. Motion ripe 10/14/2011. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8)(EDS)
October 14, 2011 Opinion or Order Filing 341 STRICKEN per 345 Minutes. MOTION for Release of Funds Held by Power Pay and Challenged by the Receiver by Defendant Ryan Riddle. Motion ripe 10/14/2011. (MMM)
October 14, 2011 Opinion or Order Filing 340 MOTION to Relocate Aircraft by Defendant Jeremy D Johnson. Responses due by 10/31/2011. (ASB)
October 13, 2011 Opinion or Order Filing 339 STRICKEN per 345 Minutes. MOTION to Amend #329 MOTION for Attorney Fees. by Defendant Jeremy D Johnson. Responses due by 10/30/2011. (SLR)
October 13, 2011 Opinion or Order Filing 338 STIPULATION FOR EXTENSION OF TIME (First Request) re: #314 MOTION Declaratory Relief ; filed by Defendant Jeremy D Johnson. (Perkins, Robin) Added docket entry relationship on 10/31/2011 (RFJ).
October 12, 2011 Opinion or Order Filing 337 RESPONSE to #324 MOTION to Vacate #288 Order on Motion,, filed by Plaintiff Federal Trade Commision. Replies due by 10/22/2011. (Attachments: #1 Exhibit, #2 Exhibit)(Brooke, Joseph)
October 12, 2011 Opinion or Order Filing 336 RESPONSE to #322 MOTION to Vacate; filed by Receiver Robb Evans. Replies due by 10/22/2011. (Attachments: #1 Declaration of Kenton Johnson)(Hawes, Lesley)
October 12, 2011 Opinion or Order Filing 335 RESPONSE to #324 MOTION to Vacate #288 Order on Motion,, filed by Receiver Robb Evans. Replies due by 10/22/2011. (Attachments: #1 Declaration of Kenton Johnson)(Hawes, Lesley)
October 12, 2011 Opinion or Order Filing 334 RESPONSE to #308 MOTION to Stay, filed by Receiver Robb Evans. Replies due by 10/22/2011. (Attachments: #1 Declaration of Kenton Johnson)(Hawes, Lesley)
October 12, 2011 Opinion or Order Filing 333 RESPONSE to #322 MOTION to Vacate; filed by Plaintiff Federal Trade Commision. Replies due by 10/22/2011. (Brooke, Joseph)
October 12, 2011 Opinion or Order Filing 332 RESPONSE to #308 MOTION to Stay, filed by Plaintiff Federal Trade Commision. Replies due by 10/22/2011. (Attachments: #1 Declaration, #2 Exhibit)(Brooke, Joseph) M
October 12, 2011 Opinion or Order Filing 331 RESPONSE to #294 Emergency MOTION to Stay re #288 Order on Motion,, filed by Receiver Robb Evans. Replies due by 10/22/2011. (Attachments: #1 Declaration of Kenton Johnson)(Hawes, Lesley)
October 10, 2011 Opinion or Order Filing 330 MOTION to Withdraw as Attorney by Andrew D. Smith. by Defendants CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. Motion ripe 10/10/2011. (Smith, Andrew)
October 7, 2011 Opinion or Order Filing 329 STRICKEN per #410 Order. (SLR)MOTION for Attorney Fees by Defendant Jeremy D Johnson. Responses due by 10/24/2011. (SLR)
October 6, 2011 Opinion or Order Filing 328 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 10/6/2011. The Court amends its previous Minute Orders (#311, 310). In the Motion Hearing set in the Court's previous Minute Order (#310) for 10/14/2011 at 03:00 PM in LV Courtroom 6C before Judge Roger L. Hunt, the Court will also address the following motions: Motion to Vacate Sale and Require Return of Property and Assets (#322), and Motion to Vacate Order and Void Sale (#324). The FTC and Receiver shall have until October 12, 2011, to file any opposition to these motions (#322, 324). No reply will be considered for these motions (#322, 324). (no image attached) (Copies have been distributed pursuant to the NEF - Smith, Marcus)
October 4, 2011 Opinion or Order Filing 327 NOTICE of Service of Request for Production of Documents on Plaintiff by Defendant Jeremy D Johnson (SLR)
October 4, 2011 Opinion or Order Filing 326 NOTICE of Service of Request for Production of Documents on Plaintiff by Defendant Scott Muir. (SLR)
October 4, 2011 Opinion or Order Filing 325 NOTICE of Service of Request for Production of Documents on Plaintiff by Defendant Kevin Pilon (SLR)
October 4, 2011 Opinion or Order NOTICE of Docket Correction to #315 #316 #319 #320 Motion for Declaratory Relief. ERROR: Wrong events selected by attorney Nathan Fisher. CORRECTION: Entries corrected by Court to #315 #319 Memorandum and #316 #320 Affidavit. (no image attached)(MJZ)
October 3, 2011 Opinion or Order Filing 324 MOTION to Vacate #288 Order and Void Sale by Defendant Jeremy D Johnson. Motion ripe 10/3/2011. (SLR)
October 3, 2011 Opinion or Order Filing 323 MEMORANDUM re #322 MOTION to Vacate; filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC.. (Studebaker, Michael P.)
October 3, 2011 Opinion or Order Filing 322 MOTION to Vacate Sale and Require Return of Property and Assets by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 10/3/2011. (Studebaker, Michael P.)
October 3, 2011 Opinion or Order Filing 321 ORDER Granting #236 for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payments, Inc. and CD Liquidation Trust; and (3) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities in Support Thereof. Signed by Judge Roger L. Hunt on 9/30/2011. (Copies have been distributed pursuant to the NEF - SLR)
September 30, 2011 Opinion or Order Filing 320 AFFIDAVIT of Ross Burton re #318 Motion for Declaratory Relief; by Intervenor SunFirst Bank. (Attachments: #1 Exhibit 1-4, #2 Exhibit 5-8, #3 Exhibit 9-12, #4 Exhibit 13-16, #5 Exhibit 17-18)(Fisher, Nathan) Event type corrected on 10/4/2011. (MJZ)
September 30, 2011 Opinion or Order Filing 319 MEMORANDUM re #218 Motion for Declaratory Relief; by Intervenor SunFirst Bank. (Fisher, Nathan) Event type corrected on 10/4/2011. (MJZ)
September 30, 2011 Opinion or Order Filing 318 (Duplicate) MOTION Declaratory Relief re #317 MOTION Declaratory Relief establishing the loan entered into by I Works is valid by Intervenor SunFirst Bank. Responses due by 10/17/2011. (Fisher, Nathan)
September 30, 2011 Opinion or Order Filing 317 MOTION Declaratory Relief; filed by Intervenor SunFirst Bank. Responses due by 10/17/2011. (Fisher, Nathan)
September 30, 2011 Opinion or Order Filing 316 AFFIDAVIT of Ross Burton re #314 Motion for Declaratory Relief; by Intervenor SunFirst Bank. (Attachments: #1 Exhibit 1-2)(Fisher, Nathan) Event type corrected on 10/4/2011. (MJZ)
September 30, 2011 Opinion or Order Filing 315 MEMORANDUM re #314 Motion for Declaratory Relief; by Intervenor SunFirst Bank. (Fisher, Nathan) Event type corrected on 10/4/2011. (MJZ)
September 30, 2011 Opinion or Order Filing 314 MOTION Declaratory Relief; filed by Intervenor SunFirst Bank. Responses due by 10/17/2011. (Fisher, Nathan)
September 30, 2011 Opinion or Order Filing 313 ORDER Denying #243 Motion to Strike. Signed by Judge Roger L. Hunt on 9/30/2011. (Copies have been distributed pursuant to the NEF - SLR)
September 30, 2011 Opinion or Order Filing 312 First MOTION to Withdraw as Attorney by Gary W. Barr. by Defendant Kevin Pilon. Motion ripe 9/30/2011. (Barr, Gary)
September 29, 2011 Opinion or Order Filing 311 AMENDED MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 9/29/2011. The Court amends its previous Minute Order (#310). In the Motion Hearing set in the Court's previous Minute Order (#310) for 10/14/2011 at 03:00 PM in LV Courtroom 6C before Judge Roger L. Hunt, the Court shall also address Defendant Jeremy Johnson's Ex Parte Emergency MOTION to Stay #298 . Replies will not be considered for any of the pending emergency motions (#294, 298, and 308). (no image attached) (Copies have been distributed pursuant to the NEF - Smith, Marcus)
September 28, 2011 Opinion or Order Filing 310 MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 9/28/2011. HAVING BEEN INFORMED that the Courts previous Order (#306) striking Defendant Jeremy Johnson's Ex Parte Motion to Stay Enforcement of Judgment Pending Appeal (#298) was based upon erroneous information in the Court's docket, the Court withdraws that Order (#306). The FTC and Receiver Robb Evans shall have 14 days from the entry of this order within which to file any opposition to Johnsons motion. THE COURT FURTHER ORDERS that enforcement of the Courts previous Order (#288) is stayed until resolution of Defendants Johnson, Anthon Holdings Corp., Duane Fielding, and Network Agenda, LLCs emergency motions (# 294, 308) to stay enforcement of said Order and resolution of the issue of appealability of said Order. THE COURT FURTHER ORDERS that effect of the Stipulation for Relief From Stay as to Real Property Located at 302 West Hilton Drive, St. George, Utah, is stayed until resolution of the aforementioned motions. RE: #292 MOTION to Intervene, #294 Emergency MOTION to Stay re #288 Order on Motion, #308 MOTION to Stay, Motion Hearing set for these motions on 10/14/2011 at 03:00 PM in LV Courtroom 6C before Judge Roger L. Hunt. (no image attached)(Copies have been distributed pursuant to the NEF - Smith, Marcus)
September 28, 2011 Opinion or Order Filing 309 RESPONSE to #294 Emergency MOTION to Stay re #288 Order on Motion,, filed by Plaintiff Federal Trade Commision. Response in Opposition Replies due by 10/8/2011. (Brooke, Joseph)
September 28, 2011 Opinion or Order Filing 308 EMERGENCY MOTION to Stay Enforcement of Judgment Pending Appeal by Defendant Jeremy D Johnson. Motion ripe 9/28/2011. (ASB)
September 27, 2011 Opinion or Order Filing 307 ORDER for Time Schedule as to #296 Notice of Appeal, filed by Anthon Holdings Corp., Network Agenda, LLC, Duane Fielding, #293 Notice of Appeal filed by Jeremy D Johnson. USCA Case Number 11-17267. (JAG)
September 26, 2011 Opinion or Order Filing 305 RESPONSE to #292 MOTION to Intervene, filed by Plaintiff Federal Trade Commision. Replies due by 10/6/2011. (Kopec, Janice)
September 26, 2011 Opinion or Order Filing 304 RESPONSE to #294 Emergency MOTION to Stay re #288 Order on Motion,, filed by Receiver Robb Evans. Replies due by 10/6/2011. (Hawes, Lesley)
September 26, 2011 Opinion or Order Filing 303 RESPONSE to #292 MOTION to Intervene, filed by Receiver Robb Evans. Replies due by 10/6/2011. (Attachments: #1 Declaration of Lesley Anne Hawes, #2 Exhibit 1 through 3 to Hawes Declaration)(Hawes, Lesley)
September 26, 2011 Opinion or Order Filing 302 USCA Appeal Fees received $455 receipt number 0978-2126078 re #296 Notice of Appeal, filed by Anthon Holdings Corp., Network Agenda, LLC, Duane Fielding. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (JAG)
September 23, 2011 Opinion or Order Filing 301 ORDER Granting #283 Motion for Approval of Stipulations #283 . Signed by Judge Roger L. Hunt on 9/23/2011. (Copies have been distributed pursuant to the NEF - SLR)
September 23, 2011 Opinion or Order Filing 300 ORDER ON STIPULATION Granting #284 Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica California; and (B) Relief from Stay After Marketing Period. Signed by Judge Roger L. Hunt on 9/23/2011. (Copies have been distributed pursuant to the NEF - SLR)
September 23, 2011 Opinion or Order Filing 299 ORDER ON STIPULATION Granting #285 Stipulation for Relief From Stay as to Real Property Located at 302 West Hilton Drive, St. George, Utah. Signed by Judge Roger L. Hunt on 9/23/2011. (Copies have been distributed pursuant to the NEF - SLR)
September 23, 2011 Opinion or Order Filing 297 Designation of Transcripts and Transcript Order forms and instructions for #293 Notice of Appeal. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov/Forms.aspx. (SLR)
September 23, 2011 Opinion or Order Filing 296 NOTICE OF APPEAL as to #288 Order on Motion, #275 Order on Motion by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Filing fee $ 455, receipt number 0978-2126078. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Studebaker, Michael P.)
September 23, 2011 Opinion or Order Filing 295 Emergency MEMORANDUM re #294 Emergency MOTION to Stay; filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. (Studebaker, Michael P.)
September 23, 2011 Opinion or Order Filing 294 Emergency MOTION to Stay re #288 Order on Motion, by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 9/23/2011. (Studebaker, Michael P.)
September 22, 2011 Opinion or Order Filing 298 Ex Parte Emergency MOTION to Stay Enforcement of Judgment Pending Appeal by Defendant Jeremy D Johnson. Motion ripe 9/22/2011. (SLR)
September 22, 2011 Opinion or Order Filing 293 NOTICE OF APPEAL as to #288 Order, by Defendant Jeremy D Johnson. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (SLR)
September 9, 2011 Opinion or Order Filing 292 MOTION to Intervene for Purposes of Appeal. Responses due by 9/26/2011. (SLR)
September 2, 2011 Opinion or Order Filing 291 NOTICE OF COMPLIANCE : Notice is hereby given that Gary W Barr is now, and will continue to be, in full compliance with the requirements of Special Order 109 and the Electronic Filing Procedures. Barr, Gary (Barr, Gary)
August 29, 2011 Opinion or Order Filing 290 ORDER: Counsel Gary W. Barr is hereby ordered to electronically file a Notice of Compliance no later than 5 days from the entry of this order as proof of compliance with Special Order 109 regarding Electronic Filing. Notice of Compliance is due by 9/3/2011. Signed by Magistrate Judge George Foley, Jr on 8/29/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 26, 2011 Opinion or Order Filing 289 (2nd Notice) NOTICE: of Non-Compliance with Special Order 109 : that Gary W. Barr are in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Continued failure to abide by Special Order 109 will be brought to the presiding Judges attention for appropriate action. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s). (no image attached) (RFJ)
August 26, 2011 Opinion or Order Filing 288 ORDER Granting #227 Motion for Order: (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft, and Multiple Real Properties; and (4) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors. Signed by Judge Roger L. Hunt on 8/25/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 24, 2011 Opinion or Order Filing 287 NOTICE of receipt; filed by Receiver Robb Evans of Seized Currency and Coins of Jeremy Johnson (Attachments: #1 Exhibit 1)(Caris, Gary)
August 19, 2011 Opinion or Order Filing 286 NOTICE of Appearance by attorney Andrew D. Smith on behalf of Defendants CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. (Smith, Andrew)
August 18, 2011 Opinion or Order Filing 285 STIPULATION re #283 MOTION Approval of (1) Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica, CA; and (B) Relief From Stay After Marketing Period; (2) Stipulation for Relief From Stay as to Real Property MOTION Approval of (1) Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica, CA; and (B) Relief From Stay After Marketing Period; (2) Stipulation for Relief From Stay as to Real Property MOTION Approval of (1) Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica, CA; and (B) Relief From Stay After Marketing Period; (2) Stipulation for Relief From Stay as to Real Property ; Stipulation for Relief From Stay as to Real Property Located at 302 West Hilton Drive, St. George, Utah by Receiver Robb Evans. (Caris, Gary)
August 18, 2011 Opinion or Order Filing 284 STIPULATION re #283 MOTION Approval of (1) Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica, CA; and (B) Relief From Stay After Marketing Period; (2) Stipulation for Relief From Stay as to Real Property MOTION Approval of (1) Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica, CA; and (B) Relief From Stay After Marketing Period; (2) Stipulation for Relief From Stay as to Real Property MOTION Approval of (1) Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica, CA; and (B) Relief From Stay After Marketing Period; (2) Stipulation for Relief From Stay as to Real Property ; Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica, CA; and (B) Relief From Stay After Marketing Period by Receiver Robb Evans. (Caris, Gary)
August 18, 2011 Opinion or Order Filing 283 MOTION Approval of (1) Stipulation with Paspal, LLC for (A) Payment of Post-Receivership Debt Service on 127 Hollister Avenue, Santa Monica, CA; and (B) Relief From Stay After Marketing Period; (2) Stipulation for Relief From Stay as to Real Property Located at 302 West Hilton Drive, St. George, Utah; and (3) Granting Relief From Local Rule 66-5 by Receiver Robb Evans. Responses due by 9/4/2011. (Attachments: #1 Memorandum of Points & Authorities, #2 Declaration of M. Val Miller, #3 Exhibit 1 & 2 to Miller Declaration, #4 Proposed Order)(Caris, Gary)
August 15, 2011 Opinion or Order Filing 282 ORDER Denying #187 Motion or Relief From Certain Obligations Under the Preliminary Injunction. Signed by Judge Roger L. Hunt on 8/15/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 15, 2011 Opinion or Order Filing 281 ORDER Granting #276 Joint Motion to Transfer $99,883 to the Receiver to Be Held in Escrow filed by Plaintiff Federal Trade Commission. Signed by Judge Roger L. Hunt on 8/15/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 15, 2011 Opinion or Order Filing 280 ORDER ON STIPULATION Granting #277 Stipulation for Withdrawal of #247 MOTION To Allow Foreclosure of Sharla Johnson's Real Property. Signed by Judge Roger L. Hunt on 8/15/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 12, 2011 Opinion or Order Filing 279 NOTICE filed by Plaintiff Federal Trade Commision Regarding Phony Court Order Denying Preliminary Injunction (Guerard, Collot)
August 11, 2011 Opinion or Order Filing 278 ORDER Granting #217 Motion for Order Authorizing Receiver to Abandon Real Property from the Estate. Signed by Judge Roger L. Hunt on 8/11/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 11, 2011 Opinion or Order Filing 277 STIPULATION re #247 MOTION To Allow Foreclosure of Sharla Johnson's Real Property ; filed by Receiver Robb Evans. (Caris, Gary)
August 11, 2011 Opinion or Order Filing 276 Joint Motion to Transfer $99,883 to the Receiver to Be Held in Escrow filed by Plaintiff Federal Trade Commision. Responses due by 8/28/2011. (Brooke, Joseph)
August 10, 2011 Opinion or Order Filing 275 ORDER Denying #170 Motion to Dissolve Preliminary Injunction. Signed by Judge Roger L. Hunt on 8/10/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 5, 2011 Opinion or Order Filing 274 ORDER Granting #269 Motion for District Judge to Reconsider #268 Order. Granting #265 First MOTION to Withdraw as Attorney of Record. Defendants Jeremy D Johnson, Cloud Nine Marketing, CPA Upsell, Inc.,Elite Debit, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc., and I Works, Inc. have until 8/19/2011 to retain new counsel. Clerk of Court shall serve a copy of this order on Mr. Travis Marker. Signed by Magistrate Judge George Foley, Jr on 8/5/2011. (Copies have been distributed pursuant to the NEF - SLR)
August 2, 2011 Opinion or Order Filing 273 CERTIFICATE OF SERVICE re: #272 RESPONSE to 247 MOTION filed by Receiver Robb Evans. (Supplemental) (Caris, Gary)
August 1, 2011 Opinion or Order Filing 272 RESPONSE to #247 MOTION To Allow Foreclosure of Sharla Johnson's Real Property, filed by Receiver Robb Evans. Replies due by 8/11/2011. (Attachments: #1 Declaration of Brick Kane, #2 Exhibit 1 through 8 to Kane Declaration)(Caris, Gary)
August 1, 2011 Opinion or Order Filing 271 RESPONSE to #247 MOTION To Allow Foreclosure of Sharla Johnson's Real Property, filed by Plaintiff Federal Trade Commision. FTC Opposition Replies due by 8/11/2011. (Attachments: #1 Exhibit Declaration of R. Tyndall, #2 Exhibit Depo of J. Johnson)(Brooke, Joseph)
July 28, 2011 Opinion or Order Filing 270 CERTIFICATE OF SERVICE for Motion to Withdraw as Attorney of Record by Defendant Jeremy D Johnson. (Prall, Todd)
July 28, 2011 Opinion or Order Filing 269 First MOTION for District Judge to Reconsider #268 Order Denying without prejudice #265 Motion to Withdraw as Attorney , #266 Certificate of Service of #265 Motion; by Defendant Jeremy D Johnson. Responses due by 8/14/2011. (Prall, Todd) Docket entry relationship modified on 7/29/2011 (SRK).
July 28, 2011 Opinion or Order Filing 268 ORDER Denying without prejudice #265 Motion to Withdraw as Attorney. Signed by Magistrate Judge George Foley, Jr on 7/28/2011. (Copies have been distributed pursuant to the NEF - SLR)
July 22, 2011 Opinion or Order Filing 267 ORDER Granting #246 Motion to Unfreeze Certain Funds Related to Kings Nutrition LLC, Pivotal Media, LLC, and Voila Media, LLC. Signed by Judge Roger L. Hunt on 7/22/2011. (Copies have been distributed pursuant to the NEF - SLR)
July 21, 2011 Opinion or Order Filing 266 CERTIFICATE OF SERVICE for re #265 First MOTION to Withdraw as Attorney filed by Defendant Jeremy D Johnson. (Prall, Todd)
July 21, 2011 Opinion or Order Filing 265 First MOTION to Withdraw as Attorney of Record by Todd W. Prall. by Defendant Jeremy D Johnson. Motion ripe 7/21/2011. (Prall, Todd)
July 18, 2011 Opinion or Order Filing 264 ORDER Granting #262 Motion to Remove Attorney from Electronic Service List. Signed by Magistrate Judge George Foley, Jr on 7/18/2011. (Copies have been distributed pursuant to the NEF - SLR)
July 14, 2011 Opinion or Order Filing 263 ORDER ON STIPULATION Granting #261 Stipulation for a limited stay of proceedings for 180 days. Joint Status Report due by 12/30/2011. Signed by Judge Roger L. Hunt on 7/14/2011. (Copies have been distributed pursuant to the NEF - SLR)
July 13, 2011 Opinion or Order Filing 262 MOTION to remove attorney(s) Tanya N. Lewis from the Electronic Service List in this case, by Claimant 249 Investors, LLC. Motion ripe 7/13/2011. (Lewis, Tanya)
July 13, 2011 Opinion or Order Filing 261 STIPULATION for a Limited Stay of Proceedings by Plaintiff Federal Trade Commision. (Guerard, Collot)
July 12, 2011 Opinion or Order Filing 260 REPLY to Response to #243 MOTION to Strike Affirmative Defenses from the Second Amended Answer #224 ; filed by Plaintiff Federal Trade Commision. (Weinman, Dotan)
July 8, 2011 Opinion or Order Filing 259 ORDER GRANTING #258 Stipulation to Extend Deadline. Responses due by 8/1/2011 re #247 MOTION to allow foreclosure of Sharla Johnson's real property. Signed by Judge Roger L. Hunt on 7/8/11. (Copies have been distributed pursuant to the NEF - ECS)
July 7, 2011 Opinion or Order Filing 258 STIPULATION FOR EXTENSION OF TIME (First Request) re #247 MOTION to allow foreclosure of Sharla Johnson's real property, filed by Receiver Robb Evans. (Caris, Gary)
July 5, 2011 Opinion or Order Filing 257 RESPONSE to #243 MOTION to Strike Affirmative Defenses from the Second Amended Answer #224 , filed by Defendant Jeremy D Johnson. Replies due by 7/15/2011. (Prall, Todd)
June 29, 2011 Opinion or Order Filing 256 REPLY to Response to #227 MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip ; filed by Receiver Robb Evans. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit 1 through 3 to Caris Declaration)(Caris, Gary)
June 28, 2011 Opinion or Order Filing 255 ORDER Granting #254 Motion to Substitute AttorneyNathan K.Fisher in place and stead of Attorney Robin E Perkins. Signed by Magistrate Judge George Foley, Jr on 6/28/2011. (Copies have been distributed pursuant to the NEF - SLR)
June 28, 2011 Opinion or Order Filing 254 Amended MOTION to Substitute Attorney Nathan K. Fisher in place of Robin Perkins by Intervenor SunFirst Bank. Motion ripe 6/28/2011. (Fisher, Nathan)
June 27, 2011 Opinion or Order Filing 253 REPLY to Response to #227 MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip ; filed by Plaintiff Federal Trade Commision. Reply in Support of Receiver's Sale Motion (Attachments: #1 Exhibit)(Guerard, Collot)
June 27, 2011 Opinion or Order Filing 252 ORDER Denying without prejudice #249 Motion to Substitute Attorney. Signed by Magistrate Judge George Foley, Jr on 6/27/2011. (Copies have been distributed pursuant to the NEF - SLR)
June 27, 2011 Opinion or Order Filing 251 MOTION to Substitute Attorney Nathan K. Fisher as Sponsor for Loren Weiss by Intervenor SunFirst Bank. Motion ripe 6/27/2011. (Fisher, Nathan)
June 23, 2011 Opinion or Order Filing 250 REPLY to Response to #227 MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip ; filed by Receiver Robb Evans. (Attachments: #1 Declaration of Brick Kane, #2 Exhibit 1 through 6 to Kane Declaration)(Caris, Gary)
June 23, 2011 Opinion or Order Filing 249 MOTION to Substitute Attorney Nathan K. Fisher in place of Robin Perkins by Intervenor SunFirst Bank. Motion ripe 6/23/2011. (Fisher, Nathan)
June 22, 2011 Opinion or Order Filing 248 MEMORANDUM IN SUPPORT OF MOTION TO ALLOW FORECLOSURE filed by Intervenor SunFirst Bank RE #247 MOTION TO ALLOW FORECLOSURE OF SHARLA JOHNSON'S REAL PROPERTY. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Perkins, Robin)
June 22, 2011 Opinion or Order Filing 247 MOTION To Allow Foreclosure of Sharla Johnson's Real Property filed by Intervenor SunFirst Bank. Responses due by 7/9/2011. (Perkins, Robin)
June 21, 2011 Opinion or Order Filing 246 MOTION for Release of Funds Related to Kings Nutrition LLC, Pivotal Media, LLC, and Voila Media, LLC by Plaintiff Federal Trade Commision. Motion ripe 6/21/2011. (Attachments: #1 Proposed Order)(Brooke, Joseph)
June 20, 2011 Opinion or Order Filing 245 RESPONSE to Motion for Order, filed by Defendant Jeremy D Johnson. Replies due by 6/30/2011. (Attachments: #1 Exhibit A)(Prall, Todd) Docket entry relationship adjusted on 9/29/2011. (MJZ)
June 17, 2011 Opinion or Order Filing 244 ORDER Denying #219 the Johnson Defendants' Emergency Motion for Release of Funds from Receiver for Living Expenses and Cost of Defense. Signed by Judge Roger L. Hunt on 6/17/11. (Copies have been distributed pursuant to the NEF - EDS)
June 15, 2011 Opinion or Order Filing 243 MOTION to Strike Affirmative Defenses from the Second Amended Answer #224 by Plaintiff Federal Trade Commision. Responses due by 7/2/2011. (Attachments: #1 Proposed Order)(Weinman, Dotan)
June 15, 2011 Opinion or Order Filing 242 ORDER ON STIPULATION Granting #241 Stipulation for Extension of Time. Response to #227 Motion is due by 6/20/2011 and Response to #236 Motion is due by 7/11/2011. Signed by Judge Roger L. Hunt on 6/15/2011. (Copies have been distributed pursuant to the NEF - SLR)
June 14, 2011 Opinion or Order Filing 241 STIPULATION FOR EXTENSION OF TIME (First Request) by Defendant Jeremy D Johnson. (Prall, Todd)
June 13, 2011 Opinion or Order Filing 240 MEMORANDUM filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC re #227 MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip. (Attachments: #1 Exhibit A)(Studebaker, Michael P.)
June 13, 2011 Opinion or Order Filing 239 RESPONSE to #227 MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip, filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Replies due by 6/23/2011. (Studebaker, Michael P.)
June 10, 2011 Opinion or Order Filing 238 EXHIBIT(s) 1 (Corrected) to Declaration of Gary Owen Caris to #236 MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payme MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payme MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payme MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payme ; filed by Receiver Robb Evans. (Caris, Gary)
June 10, 2011 Opinion or Order Filing 237 NOTICE by Receiver Robb Evans re #236 MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payme MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payme MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payme MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payme. of Filing of Motion for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payments, Inc. and CD Liquidation Trust; and (3) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors (Caris, Gary)
June 10, 2011 Opinion or Order Filing 236 MOTION for Attorney Fees for Order (1) Approving and Authorizing Payment of Receiver's and Professionals' Fees and Expenses From Inception of Receivership Through March 31, 2011; (2) Approving Stipulation and Settlement with Pivotal Payments, Inc. and CD Liquidation Trust; and (3) 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 6/27/2011. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit 1 to Caris Declaration, #3 Exhibit 2 through 4 to Caris Declaration, #4 Declaration of Brick Kane, #5 Exhibit 1 to Kane Declaration, #6 Exhibit 2, Part 1 to Kane Declaration, #7 Exhibit 2, Part 2 to Kane Declaration, #8 Exhibit 2, Part 3 to Kane Declaration, #9 Proposed Order)(Caris, Gary)
June 7, 2011 Opinion or Order Filing 235 ORDER Granting #232 Motion to Substitute Attorney Robin Perkins in place and stead of John Snow. Signed by Judge Roger L. Hunt on 6/7/2011. (Copies have been distributed pursuant to the NEF - SLR)
June 6, 2011 Opinion or Order Notice of Docket Correction to #232 NOTICE: ERROR: Wrong event selected by attorney Robin E Perkins ; CORRECTION: Court modified entry as #232 MOTION to Substitute Attorney. (no image attached)(RFJ)
June 3, 2011 Opinion or Order Filing 234 REPLY to Response to #219 Emergency MOTION for Release of Funds from Receiver for Living Expenses and Cost of Defense ; filed by Defendants CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Jeremy D Johnson, Market Funding Solutions, Inc., Success Marketing, Inc., Fitness For Life, Inc.. Errata to Reply in Support of Defendants Jeremy Johnson, et al.'s Emergency Motion for Release of Funds from Receiver for Living Expenses and Cost of Defense (Attachments: #1 Exhibit Exhibit C-2)(Prall, Todd)
June 1, 2011 Opinion or Order Filing 233 REPLY to Response to #219 Emergency MOTION for Release of Funds from Receiver for Living Expenses and Cost of Defense ; filed by Defendant Jeremy D Johnson. (Attachments: #1 Exhibit C, #2 Exhibit C-1, #3 Exhibit C-2, #4 Exhibit C-3, #5 Exhibit C-4, #6 Exhibit C-5, #7 Exhibit D)(Prall, Todd)
June 1, 2011 Opinion or Order Filing 232 MOTION to Substitute Attorney filed by Intervenor SunFirst Bank of Motion to Substitute Sponsor Counsel of Loren Weiss to Robin Perkins (Perkins, Robin) Event modified on 6/6/2011 (RFJ).
June 1, 2011 Opinion or Order Filing 231 SUPPLEMENT to #217 MOTION for Order Authorizing Receiver to Abandon Certain Real Property and Personal Property From the Estate and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities and Declaration of Kenton Joh ; by Receiver Robb Evans. (Attachments: #1 Proposed Order (Revised))(Caris, Gary)
June 1, 2011 Opinion or Order Filing 230 (1st Notice) NOTICE: of Non-Compliance with Special Order 109: that Gary W. Barr is in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s).(no image attached) (RFJ)
May 27, 2011 Opinion or Order Filing 229 RESPONSE to #219 Emergency MOTION for Release of Funds from Receiver for Living Expenses and Cost of Defense, filed by Plaintiff Federal Trade Commision. Replies due by 6/6/2011. (Attachments: #1 Attachment, #2 Attachment, #3 Attachment)(Weinman, Dotan)
May 27, 2011 Opinion or Order Filing 228 NOTICE by Receiver Robb Evans re #227 MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multip. (Caris, Gary)
May 27, 2011 Opinion or Order Filing 227 MOTION for Order (1) Authorizing and Confirming Sale of Personal Property by Public Auction; (2) Authorizing and Confirming Sale and Redemption of Investment Interest; (3) Authorizing Receiver to List and Offer for Sale Houseboats, Aircraft and Multiple Real Properties; and (4) Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors by Receiver Robb Evans. Responses due by 6/13/2011. (Attachments: #1 Declaration of Kenton Johnson, #2 Exhibit 1 through 4, #3 Proposed Order)(Caris, Gary)
May 26, 2011 Opinion or Order Filing 226 ERRATA Defendants' Jeremy Johnson, I-Works, Inc., Cloud Nine, Inc., CPA Upsell, Inc., Ellite Debit, Inc., Internet Ecomonay, Inc., Market Funding, Inc., Sucess Marketing, Inc., and Fitness for Life, Inc., Emergency Motion for Release of Funds from Receiver for Living Expenses and Cost of Defense filed by Defendant Jeremy D Johnson. (Attachments: #1 Exhibit, #2 Exhibit)(Prall, Todd)
May 26, 2011 Opinion or Order Filing 225 RESPONSE to #219 Emergency MOTION for Release of Funds from Receiver for Living Expenses and Cost of Defense, filed by Receiver Robb Evans. Replies due by 6/5/2011. (Caris, Gary)
May 26, 2011 Opinion or Order Filing 224 AMENDED ANSWER to #42 Complaint, filed by CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Jeremy D Johnson, Market Funding Solutions, Inc., Success Marketing, Inc..(SLR)
May 26, 2011 Opinion or Order Filing 223 ORDER Denying #173 Motion to Strike and Granting #192 Motion for Leave to File. Clerk of the Court is directed to file the Johnson Defendants' proposed amended answer. Signed by Judge Roger L. Hunt on 5/26/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 24, 2011 Opinion or Order Filing 222 ORDER Granting #220 Motion for Leave to Appear for Attorney Dotan Weinman for Federal Trade Commission. Signed by Magistrate Judge George Foley, Jr on 5/24/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 23, 2011 Opinion or Order Filing 221 MINUTE ORDER IN CHAMBERS of the Honorable Judge Roger L. Hunt, on 5/23/2011. RE: #219 Emergency MOTION for Release of Funds from Receiver for Living Expenses and Cost of Defense. Due to the emergency designation of this motion, the Court sets an expedited briefing schedule as follows: Responses are due by Friday, May 27, 2011, and Replies are due by Wednesday, June 1, 2011. (no image attached) (Copies have been distributed pursuant to the NEF - LMN)
May 23, 2011 Opinion or Order Filing 220 MOTION for Leave to Appear Government Attorney. Attorney: Dotan Weinman. by Plaintiff Federal Trade Commision. Motion ripe 5/23/2011. (Welsh, Blaine)
May 20, 2011 Opinion or Order Filing 219 Emergency MOTION for Release of Funds from Receiver for Living Expenses and Cost of Defense by Defendant Jeremy D Johnson. Motion ripe 5/20/2011. (Attachments: #1 Exhibit, #2 Exhibit)(Prall, Todd)
May 20, 2011 Opinion or Order Filing 218 NOTICE by Receiver Robb Evans re #217 MOTION for Order Authorizing Receiver to Abandon Certain Real Property and Personal Property From the Estate and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors; Memorandum of Points and Authorities and Declaration of Kenton Joh. Notice of Filing of Notice of Motion and Motion for Order Authorizing Receiver to Abandon Certain Real Property and Personal Property From the Estate and Granting Relief From Local Rule 66-5 Pertaining to Notice to Creditors (Caris, Gary)
May 20, 2011 Opinion or Order Filing 217 MOTION for Order Authorizing Receiver to Abandon Certain Real Property and Personal Property From the Estate and 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 6/6/2011. (Attachments: #1 Proposed Order)(Caris, Gary)
May 19, 2011 Opinion or Order Filing 216 ORDER Granting #214 Notice filed by Money Harvest, Inc., Internet Business Source, Inc., Blue Net Progress, Inc., Revive Marketing, Inc., JRB Media, Inc., GGL Rewards, Inc., Tran Voyage, Inc., Loyd Johnston, Net Discounts, Inc., Bottom Dollar, Inc., Xcel Processing, Inc., Bolt Marketing, Inc., Diamond J Media, Inc., Mist Marketing, Inc., Net Success, Inc., Andy Johnson, Costnet Discounts, Inc., EBusiness Success, Inc., Ryan Riddle, Business Loan Success, Inc., Monroe Processing, Inc., Bumble Marketing, Inc., Unlimited Processing, Inc., Fitness Processing, Inc., Cutting Edge Processing, Inc., Bryce Payne, Net Commerce, Inc., Cold Bay Media, Inc., Power Processing, Inc., Summit Processing, Inc., EBusiness First, Inc., Hooper Processing, Inc., I Works, Inc., Net Fit Trends, Inc., Big Bucks Pro, Inc., Razor Processing, Inc., Optimum Assistance, Inc., Internet Fitness, Inc., Kevin Pilon, Net Business Success, Inc., Blue Streak Processing, Inc., CS Processing, Inc., TranFirst, Inc., Fiscal Fidelity, Inc., Business First, Inc., Pro Internet Services, Inc., Highlight Marketing, Inc., Scott Muir, Rebate Deals, Inc., Funding Search Success, Inc., GG Processing, Inc., Excess Net Success, Inc., Simcor Marketing, Inc., Premier Performance, Inc., Funding Success, Inc.. Signed by Magistrate Judge George Foley, Jr on 5/19/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 18, 2011 Opinion or Order Filing 215 NOTICE of Appearance by attorney Michael F. Thomson on behalf of Interested Party Bank Of Utah. (Thomson, Michael)
May 18, 2011 Opinion or Order Filing 214 NOTICE by Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CS Processing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Fitness, Inc., JRB Media, Inc., Andy Johnson, Loyd Johnston, Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc. Second Amended Substitution of Attorney (Aylward, Jeffrey)
May 18, 2011 Opinion or Order Filing 213 ERRATA to Amended Substitution of Attorney filed by Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CS Processing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Fitness, Inc., JRB Media, Inc., Andy Johnson, Loyd Johnston, Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc.. (Aylward, Jeffrey)
May 17, 2011 Opinion or Order Filing 212 EXHIBIT(s) to #208 Reply to Response to Motion ; filed by Defendant Jeremy D Johnson. (Attachments: #1 Exhibit)(Prall, Todd)
May 17, 2011 Opinion or Order Filing 211 NOTICE by Plaintiff Federal Trade Commision re #194 Response to Motion,,. Notice of Errata re Declaration of FTC Counsel [194-1] (Attachments: #1 Exhibit)(Guerard, Collot)
May 16, 2011 Opinion or Order Filing 210 REPLY to Response to #170 Amended MOTION Dissolve Preliminary Injunction re #130 Preliminary Injunction; filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Studebaker, Michael P.)
May 16, 2011 Opinion or Order Filing 209 REPLY to Response to #192 First MOTION for Leave to File Amend their Answer in Order to Assert Additional Affirmative Defenses ; filed by Defendant Jeremy D Johnson. (Attachments: #1 Exhibit Exhibit B)(Prall, Todd)
May 16, 2011 Opinion or Order Filing 208 REPLY to Response to #170 Amended MOTION Dissolve Preliminary Injunction re #130 Preliminary Injunction, filed by Defendant Jeremy D Johnson. (Prall, Todd)
May 13, 2011 Opinion or Order Filing 207 ORDER Granting #205 MOTION to Withdraw #157 First MOTION to Lift Stay filed by SunFirst Bank. Signed by Judge Roger L. Hunt on 5/12/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 12, 2011 Opinion or Order Filing 206 NOTICE of Change of Address by Randolph L. Howard. (Howard, Randolph)
May 11, 2011 Opinion or Order Filing 205 WITHDRAWAL of Motion re #157 First MOTION to Lift Stay by Intervenor SunFirst Bank. (Perkins, Robin) Event type corrected on 5/12/2011. (MJZ)
May 10, 2011 Opinion or Order Filing 204 ORDER ON STIPULATION Granting #203 Stipulation for Extension of Time to File Reply to #187 Motion. Replies due by 5/16/2011. Signed by Judge Roger L. Hunt on 5/10/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 9, 2011 Opinion or Order Filing 203 STIPULATION FOR EXTENSION OF TIME (First Request) re #194 Response to Motion,, ; to File Reply to Response to Defendants' Motion for Relief from Certain Obligations under the Preliminary Injunction Order to Provide additional Notice to Non-Essential Recipients and to Provide Financial Disclosures for Non-Party Entities by Defendants CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Jeremy D Johnson, Market Funding Solutions, Inc., Success Marketing, Inc.. (Prall, Todd)
May 6, 2011 Opinion or Order Filing 202 RESPONSE to #192 First MOTION for Leave to File Amend their Answer in Order to Assert Additional Affirmative Defenses, filed by Plaintiff Federal Trade Commision. Replies due by 5/16/2011. (Guerard, Collot)
May 5, 2011 Opinion or Order Filing 201 REPLY to Response to #173 MOTION to Strike #152 Answer to Complaint,,,,,, Motion to Strike Johnson defendants' Affirmative Defense and Memorandum in Support Thereof ; filed by Plaintiff Federal Trade Commision. (Brooke, Joseph)
May 4, 2011 Opinion or Order Filing 200 ORDER Granting #197 Motion to Extend Time to #170 Amended MOTION Dissolve Preliminary Injunction re #130 Preliminary Injunction,. Responses due by 5/16/2011. Signed by Chief Judge Roger L. Hunt on 5/4/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 3, 2011 Opinion or Order Filing 199 ORDER Denying #189 Motion to Substitute Attorney without prejudice. Signed by Magistrate Judge George Foley, Jr on 5/3/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 3, 2011 Opinion or Order Filing 198 SCHEDULING ORDER Granting #196 Proposed Discovery Plan/Scheduling Order. Discovery due by 3/22/2011. Motions due by 4/26/2011. Proposed Joint Pretrial Order due by 5/28/2011. All Motions or stipulation to extend discovery shall be received no later than 12/22/2011. Signed by Magistrate Judge George Foley, Jr on 5/3/2011. (Copies have been distributed pursuant to the NEF - SLR)
May 2, 2011 Opinion or Order Filing 197 MOTION to Enlarge Time to Reply to Opposition to Motion to Dissolve Preliminary Injunction (First Request); filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. (Attachments: #1 Proposed Order)(Studebaker, Michael P.) Modified text on 5/4/2011 (SRK).
April 29, 2011 Opinion or Order Filing 196 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Federal Trade Commision. (Brooke, Joseph)
April 29, 2011 Opinion or Order Filing 195 ORDER Granting #193 Motion to Substitute Attorney. Defendant Lifestyles For Fitness, Inc. substitute Attorney Mark A. Hutchison, Todd W. Prall, and Jacob A. Reynolds in place and stead of Attorney Brett D. Ekins and Michael R Shaw. Signed by Magistrate Judge George Foley, Jr on 4/29/2011. (Copies have been distributed pursuant to the NEF - SLR)
April 29, 2011 Opinion or Order Filing 194 RESPONSE to #187 MOTION from Certain Obligations Under the Preliminary Injunction Order (Dkt. #130) to Provide Additional Notice to Non-Essential Recipients and to Provide Financial Disclosures for Non-Party Entities MOTION from Certain Obligations Under the Preliminary Injunction Order (Dkt. #130) to Provide Additional Notice to Non-Essential Recipients and to Provide Financial Disclosures for Non-Party Entities, filed by Plaintiff Federal Trade Commision. Replies due by 5/9/2011. (Attachments: #1 Exhibit Attachments A-E)(Guerard, Collot)
April 27, 2011 Opinion or Order Filing 193 MOTION to Substitute Attorney re Lifestyles for Fitness, Inc. by Defendants CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Jeremy D Johnson, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Success Marketing, Inc.. Motion ripe 4/27/2011. (Prall, Todd)
April 25, 2011 Opinion or Order Filing 192 First MOTION for Leave to File Amend their Answer in Order to Assert Additional Affirmative Defenses by Defendant Jeremy D Johnson. Motion ripe 4/25/2011. (Attachments: #1 Exhibit, #2 Exhibit)(Prall, Todd)
April 25, 2011 Opinion or Order Filing 191 RESPONSE to #173 MOTION to Strike #152 Answer to Complaint,,,,,, Motion to Strike Johnson defendants' Affirmative Defense and Memorandum in Support Thereof, filed by Defendant Jeremy D Johnson. Replies due by 5/5/2011. (Prall, Todd)
April 22, 2011 Opinion or Order Filing 190 RESPONSE to #170 Amended MOTION Dissolve Preliminary Injunction re #130 Preliminary Injunction,, filed by Plaintiff Federal Trade Commision. Replies due by 5/2/2011. (Guerard, Collot)
April 21, 2011 Opinion or Order Filing 189 Amended MOTION to Substitute Attorney on behalf of Defendants Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CS Processing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., Internet Business Source, Inc., Internet Fitness, Inc., JRB Media, Inc., Andy Johnson, Loyd Johnston, Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. (Aylward, Jeffrey) Event type corrected on 4/22/2011 (SRK).
April 20, 2011 Opinion or Order Filing 188 ORDER that the parties shall file a stipulated Discovery Plan/Scheduling Order not later than 4/29/2011. Signed by Magistrate Judge George Foley, Jr on 4/19/2011. (Copies have been distributed pursuant to the NEF - SLR)
April 15, 2011 Opinion or Order Filing 187 MOTION from Certain Obligations Under the Preliminary Injunction Order (Dkt. #130) to Provide Additional Notice to Non-Essential Recipients and to Provide Financial Disclosures for Non-Party Entities by Defendants CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Jeremy D Johnson, Market Funding Solutions, Inc., Success Marketing, Inc.. Responses due by 5/2/2011. (Hutchison, Mark)
April 15, 2011 Opinion or Order Filing 186 ORDER Granting #182 Stipulation for Entry of Amended Order to #181 Order. Signed by Chief Judge Roger L. Hunt on 4/14/2011. Nunc Pro Tunc 4/14/2011. (Copies have been distributed pursuant to the NEF - SLR)
April 15, 2011 Opinion or Order Filing 185 STIPULATION FOR EXTENSION OF TIME (First Request) to Respond to or Oppose Sunfirst Bank's Motion to Lift the Temporary Restraining Order as to Completely Encumbered Property Believed to be Controlled by Jeremy Johnson (Dkt. #157) by Defendant Jeremy D Johnson. (Prall, Todd)
April 15, 2011 Opinion or Order Filing 184 TRANSCRIPT of Proceedings, 131 Motion Hearing,,,,, held on 02/10/2011, before Chief Judge Roger L. Hunt. Court Reporter: Heather Newman, 702-464-5828. 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 the Court Reporter or PACER. Redaction Request due 5/6/2011. Redacted Transcript Deadline set for 5/16/2011. Release of Transcript Restriction set for 7/14/2011. (HKN)
April 14, 2011 Opinion or Order Filing 183 Submission of PROPOSED ORDER on #182 Stipulation ; filed by Claimant 249 Investors, LLC. (Lewis, Tanya)
April 14, 2011 Opinion or Order Filing 182 STIPULATION re #181 Order on Motion for District Judge to Reconsider Order, #145 MOTION for District Judge to Reconsider Order re #143 Order on Motion ; For Entry of Amended Order by Claimant 249 Investors, LLC. (Lewis, Tanya)
April 14, 2011 Opinion or Order Filing 181 ORDER Granting #145 Motion for District Judge to Reconsider Order. Signed by Chief Judge Roger L. Hunt on 4/14/2011. (Copies have been distributed pursuant to the NEF - SLR)
April 13, 2011 Opinion or Order Filing 180 (1st Notice) PURSUANT TO SPECIAL ORDER 109: that Alan D. Boyack is in violation of Special Order 109. Participation in the electronic filing system became mandatory for all attorneys effective January 1, 2006. You are required to register for the Courts Case Management and Electronic Case Filing (CM/ECF) program and the electronic service of pleadings. Please visit the Courts website www.nvd.uscourts.gov, then select CM/ECF Info, to register the Attorney(s). (no image attached) (SRK)
April 13, 2011 Opinion or Order Filing 179 ORDER Granting #176 Notice of Change of Attorney Mark A. Hutchison,Todd W Prall and, Jacob A. Reynolds in place and stead of Attorney Brett D. Ekins and Michael R Shaw as to CPA Upsell, Inc., Cloud Nine Marketing, Inc., Elite Debit, Inc., I Works, Inc., Internet Economy, Inc., Jeremy D Johnson, Market Funding Solutions, Inc., Success Marketing, Inc. Signed by Magistrate Judge George Foley, Jr on 4/13/2011. (Copies have been distributed pursuant to the NEF - SLR)
April 13, 2011 Opinion or Order Filing 178 CERTIFICATE OF SERVICE for Proposed Order by Claimant 249 Investors, LLC re #177 Proposed Order Submission. Amended (Lewis, Tanya)
April 13, 2011 Opinion or Order Filing 177 Submission of PROPOSED ORDER on #135 MOTION Motion for Relief from Temporary Restraining Order and Preliminary Injunction ; filed by Claimant 249 Investors, LLC. (Lewis, Tanya)
April 12, 2011 Opinion or Order Filing 176 NOTICE of Change of Attorney on behalf of Defendant Jeremy D Johnson. (Prall, Todd)
April 11, 2011 Opinion or Order Filing 175 ORDER Granting #174 Stipulation for Extension of time to #157 MOTION to Lift Stay. Responses due by 5/11/2011. Signed by Chief Judge Roger L. Hunt on 4/11/2011. (Copies have been distributed pursuant to the NEF - SLR)
April 8, 2011 Opinion or Order Filing 174 STIPULATION for extension of time (First Request) re #157 First MOTION to Lift Stay; filed by Receiver Robb Evans. (Caris, Gary)
April 8, 2011 Opinion or Order Filing 173 MOTION to Strike #152 Answer to Complaint,filed by Plaintiff Federal Trade Commision. Responses due by 4/25/2011. (Attachments: #1 Proposed Order)(Brooke, Joseph)
April 7, 2011 Opinion or Order Filing 172 ORDER granting #169 Motion to Permit Appearance of Government Attorney Janice L Kopec for Federal Trade Commision. Signed by Magistrate Judge George Foley, Jr on 4/7/11. (Copies have been distributed pursuant to the NEF - ECS)
April 6, 2011 Opinion or Order Filing 171 Amended MEMORANDUM filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC re #170 Amended MOTION Dissolve Preliminary Injunction re #130 Preliminary Injunction,. (Attachments: #1 Exhibit A)(Studebaker, Michael P.)
April 6, 2011 Opinion or Order Filing 170 Amended MOTION Dissolve Preliminary Injunction re #130 Preliminary Injunction, by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Responses due by 4/23/2011. (Studebaker, Michael P.)
April 6, 2011 Opinion or Order Filing 169 MOTION for Leave to Appear Government Attorney. Attorney: Janice L. Kopec. by Plaintiff Federal Trade Commision. Motion ripe 4/6/2011. (Welsh, Blaine)
April 3, 2011 Opinion or Order Filing 168 NOTICE by Plaintiff Federal Trade Commision Re Parties' Rule 26(f) Conferences (Guerard, Collot)
March 29, 2011 Opinion or Order Filing 167 ORDER Granting #163 Substitution of Counsel as to Terrason Spinks and Jett Processing. Alan D. Boyack added in the place and stead of Brett D. Ekins and Michael Shaw. Signed by Magistrate Judge George Foley, Jr on 3/29/11. (Copies have been distributed pursuant to the NEF - ASB)
March 28, 2011 Opinion or Order Filing 166 ORDER Granting #162 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Alan D. Boyack and approving Designation of Local Counsel Edward Dean Boyack for Terrason Spink and Jet Processing Inc. Signed by Chief Judge Roger L. Hunt on 3/28/11. 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 - MMM)
March 28, 2011 Opinion or Order Filing 165 ORDER Granting #159 Amended Motion to Substitute Attorney Michael Studebaker for Attorney Brett D. Ekins and Michael R. Shaw as to Duane Fielding, Network Agenda, LLC, and, Anthon Holdings Corp.,. Signed by Magistrate Judge George Foley, Jr on 3/28/2011. (Copies have been distributed pursuant to the NEF - SLR)
March 28, 2011 Opinion or Order Filing 164 NOTICE of Appearance by attorney Edward D Boyack on behalf of Defendant Terrason Spinks. Appearance of Counsel (Boyack, Edward)
March 28, 2011 Opinion or Order Filing 163 NOTICE of Change of Attorney on behalf of Defendant Terrason Spinks. Substitution of Attorney (Boyack, Edward)
March 28, 2011 Opinion or Order Filing 162 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Alan D Boyack and DESIGNATION of Local Counsel Edward D Boyack (Filing fee $ 175 receipt number 0978-1932250) filed by Defendant Terrason Spinks. Motion ripe 3/28/2011. (Boyack, Edward)
March 27, 2011 Opinion or Order Filing 161 MEMORANDUM filed by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC re #160 MOTION re #130 Preliminary Injunction,. (Attachments: #1 Exhibit A)(Studebaker, Michael P.)
March 27, 2011 Opinion or Order Filing 160 MOTION to Dissolve #130 Preliminary Injunction, by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Responses due by 4/13/2011. (Studebaker, Michael P.) Modified text on 3/30/2011 (SRK).
March 26, 2011 Opinion or Order Filing 159 Amended MOTION to Substitute Attorney by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 3/26/2011. (Studebaker, Michael P.)
March 25, 2011 Opinion or Order Filing 158 ORDER Denying #154 Motion to Substitute Attorney without prejudice. Signed by Magistrate Judge George Foley, Jr on 3/25/2011. (Copies have been distributed pursuant to the NEF - SLR)
March 24, 2011 Opinion or Order Filing 157 First MOTION to Lift Stay by Intervenor SunFirst Bank. Motion ripe 3/24/2011. (Attachments: #1 Memorandum in Support of Motion to Lift, #2 Affidavit Affidavit of Richard Hill in Support of Motion to Lift, #3 Exhibit 1-2, #4 Exhibit 3-4)(Perkins, Robin)
March 24, 2011 Opinion or Order Filing 156 NOTICE of Appearance by attorney Robin E Perkins on behalf of Intervenor SunFirst Bank. (Perkins, Robin)
March 24, 2011 Opinion or Order Filing 155 ORDER Granting #153 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael Studebaker and approving Designation of Local Counsel Attorney Jared Green for Anthon Holdings Corp., Duane Fielding and, Network Agenda, LLC. Signed by Chief Judge Roger L. Hunt on 3/24/2011. 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 - SLR)
March 24, 2011 Opinion or Order Filing 154 MOTION to Substitute Attorney by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 3/24/2011. (Studebaker, Michael P.)
March 24, 2011 Opinion or Order Filing 153 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael P. Studebaker and DESIGNATION of Local Counsel Jared Green (Filing fee $ 175 receipt number 0978-1929513) by Defendants Anthon Holdings Corp., Duane Fielding, Network Agenda, LLC. Motion ripe 3/24/2011. (Studebaker, Michael P.)
March 22, 2011 Opinion or Order Filing 152 AMENDED ANSWER to #1 Complaint,,,,,,, filed by Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc..(Ekins, Brett)
March 22, 2011 Opinion or Order Filing 151 NON-OPPOSITION to #135 MOTION Motion for Relief from Temporary Restraining Order and Preliminary Injunction ; filed by Receiver Robb Evans. (Hawes, Lesley)
March 18, 2011 Opinion or Order Filing 150 CERTIFICATE of Interested Parties filed by Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. There are no known interested parties other than those participating in the case. (Ekins, Brett)
March 18, 2011 Opinion or Order Filing 149 CERTIFICATE of Interested Parties filed by Scott Leavitt. There are no known interested parties other than those participating in the case. (Sina, Reza)
March 16, 2011 Opinion or Order Filing 148 ORDER ON STIPULATION Granting #144 Stipulation for Defendant Johnson to Amend Answer and for Plaintiff FTC to Thereafter File Motion to Strike Affirmative Defense. Signed by Chief Judge Roger L. Hunt on 3/16/2011. (Copies have been distributed pursuant to the NEF - SLR)
March 16, 2011 Opinion or Order Filing 147 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Roger L. Hunt, on 3/16/2011. RE: #146 Memorandum, #145 MOTION for District Judge to Reconsider Order re #143 Order on Motion. In its motion, Claimant 249 Investors seeks relief from the injunction prohibiting the sale of a property owned by an entity affiliated with Defendant Jeremy Johnson. Claimant has now rescheduled the foreclosure sale for April 1, 2011. However, Claimant did not file an order shortening time to expedite this matter pursuant to Rule 6-1of the Local Rules of Practice. Even so, the Court concludes that the parties and the receiver should have the standard time period afforded by Local Rule 7-2 to respond to the motion, and the Court will consider Claimants request for relief thereafter. Claimant will need to adjust the foreclosure sale date accordingly. (no image attached) (Copies have been distributed pursuant to the NEF - LMN)
March 15, 2011 Opinion or Order Filing 146 MEMORANDUM filed by Claimant 249 Investors, LLC re #145 MOTION for District Judge to Reconsider Order re #143 Order on Motion. (Attachments: #1 Exhibit 1- Postponed Trustee's Sale)(Lewis, Tanya)
March 15, 2011 Opinion or Order Filing 145 MOTION for District Judge to Reconsider Order re #143 Order on Motion by Claimant 249 Investors, LLC. Responses due by 4/1/2011. (Lewis, Tanya)
March 15, 2011 Opinion or Order Filing 144 STIPULATION re #132 Answer to Complaint,,,,,, ; Joint Stipulated Motion for Johnson Defendants to Amend Answer and for Plaintiff FTC to Thereafter File Motion to Strike Affirmative Defense by Plaintiff Federal Trade Commision. (Chen, Teresa)
March 14, 2011 Opinion or Order Filing 143 ORDER Denying #135 Motion for Relief from Temporary Restraining Order and Preliminary Injunction. Signed by Chief Judge Roger L. Hunt on 3/14/2011. (Copies have been distributed pursuant to the NEF - SLR)
March 11, 2011 Opinion or Order Filing 142 AFFIDAVIT of Chad Bessigner re #136 Memorandum ; by Claimant 249 Investors, LLC. (Lewis, Tanya)
March 11, 2011 Opinion or Order Filing 141 EXHIBIT(s) to #136 Memorandum ; filed by Claimant 249 Investors, LLC. (Attachments: #1 Exhibit 10-1)(Lewis, Tanya)
March 11, 2011 Opinion or Order Filing 140 EXHIBIT(s) to #136 Memorandum ; filed by Claimant 249 Investors, LLC. (Attachments: #1 Exhibit 10)(Lewis, Tanya)
March 11, 2011 Opinion or Order Filing 139 EXHIBIT(s) to #136 Memorandum ; filed by Claimant 249 Investors, LLC. (Attachments: #1 Exhibit 9)(Lewis, Tanya)
March 11, 2011 Opinion or Order Filing 138 EXHIBIT(s) to #136 Memorandum ; filed by Claimant 249 Investors, LLC. (Attachments: #1 Exhibit 6, #2 Exhibit 7, #3 Exhibit 8)(Lewis, Tanya)
March 11, 2011 Opinion or Order Filing 137 EXHIBIT(s) to #136 Memorandum ; filed by Claimant 249 Investors, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Lewis, Tanya)
March 11, 2011 Opinion or Order Filing 136 MEMORANDUM filed by Claimant 249 Investors, LLC re #135 MOTION Motion for Relief from Temporary Restraining Order and Preliminary Injunction. (Lewis, Tanya)
March 11, 2011 Opinion or Order Filing 135 MOTION Motion for Relief from Temporary Restraining Order and Preliminary Injunction by Claimant 249 Investors, LLC. Responses due by 3/28/2011. (Moran, Tanya)
March 10, 2011 Opinion or Order Filing 134 ANSWER to #42 Complaint,,,,,,, filed by Scott Leavitt. Certificate of Interested Parties due by 3/20/2011. Discovery Plan/Scheduling Order due by 4/24/2011.(Sina, Reza)
March 9, 2011 Opinion or Order Filing 133 ORDER for Certificate of Interested Parties. IT IS ORDERED that counsel for Defendants shall have until 3/18/2011 to fully comply with the provisions of Local Rule 7.1-1. Certificate of Interested Parties due by 3/18/2011. Signed by Magistrate Judge George Foley, Jr on 3/8/11. (Copies have been distributed pursuant to the NEF - ASB)
February 22, 2011 Opinion or Order Filing 132 ANSWER to #42 Complaint,,,,,,, filed by Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Certificate of Interested Parties due by 3/4/2011. Discovery Plan/Scheduling Order due by 4/8/2011.(Ekins, Brett)
February 14, 2011 Opinion or Order Filing 131 MINUTES OF PROCEEDINGS - Motion for Preliminary Injunction #43 Hearing held on 2/10/2011 before Chief Judge Roger L. Hunt. Crtrm Administrator: Kandy Capozzi; Pla Counsel: Collot Guerard; Ronald Brooke; Counsel for Receiver Robb Evans: Gary Caris; Def Counsel: Michael Shaw; Brett Ekins; William Rothbard (for Scott Leavitt only); Court Reporter/FTR #: Heather Newman; Time of Hearing: 9:00 AM - 12:00 PM; 1:30 PM - 3:45 PM; Courtroom: 6C; The Court informs counsel that no further requests for documents to exceed the page limitation will be approved and reminds the parties that the local rules require hard copies be delivered to chambers fo all filings which exceed 50 pages. The Court notes there is a potential for conflicts of interest in regards to defendants and their counsel. If the Court determines in the future that such a conflict exists, counsel will be precluded from representing the other defendants. Arguments are heard. The Court finds the FTC has been the obligations and a Preliminary Injunction Order shall issue. The Receiver shall continue as Receiver. Mr. Weiss addresses the Court. (A discussion is held at sidebar with Mr. Weiss and Ms. Guerard.) No chargebacks will be paid by the bank from the money being held in reserve until resolution of the matter. (no image attached) (Copies have been distributed pursuant to the NEF - KMC) Modified on 2/14/2011 to correct hearing date (KMC).
February 10, 2011 Opinion or Order Filing 130 PRELIMINARY INJUNCTION re Motion for Preliminary Injunction. Robb Evans and Robb Evans & Associates, LLC is appointed as Receiver for corporate defendants and Jeremy Johnson. Receiver shall file a $10,000.00 surety bond with Clerk. Signed by Chief Judge Roger L. Hunt on 2/10/2011. (Copies have been distributed pursuant to the NEF - MJZ)
February 9, 2011 Opinion or Order Filing 128 NOTICE by Plaintiff Federal Trade Commision re #125 Reply to Response to Motion, #126 Reply to Response to Motion,. Notice of Filing of Revised Corrected Declaration of Samuel Jacobson (Jacobson III) (Attachments: #1 Exhibit Revised Corrected Declaration of Samuel Jacobson (Jacobson III))(Chen, Teresa)
February 8, 2011 Opinion or Order Filing 127 STATUS REPORT (Report of Temporary Receiver's Activities January 13, 2011 Through February 2, 2011) by Receiver Robb Evans. (Attachments: #1 Receiver's Report, #2 Tabs 1-5 to Report, #3 Tabs 6-10 to Report, #4 Tabs 11-16 to Report)(Caris, Gary)
February 8, 2011 Opinion or Order Filing 126 REPLY to Response to #43 MOTION for Preliminary Injunction ; filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(Guerard, Collot)
February 8, 2011 Opinion or Order Filing 125 REPLY to Response to #43 MOTION for Preliminary Injunction ; filed by Plaintiff Federal Trade Commision. (Guerard, Collot)
February 8, 2011 Opinion or Order Filing 124 MOTION for Leave to File Excess Pages for Reply by Plaintiff Federal Trade Commision. Motion ripe 2/8/2011. (Attachments: #1 Proposed Order)(Brooke, Joseph)
February 8, 2011 Opinion or Order Filing 123 NOTICE of Errata; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc. re #86 Memorandum (Attachments: #1 Exhibit A Cover Sheet, #2 Exhibit A)(Ekins, Brett) Modified text on 2/9/2011 (SRK).
February 7, 2011 Opinion or Order Filing 129 ORDER Granting #79 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael C. O'Brien and approving Designation of Local Counsel for Attorney John Snow for SunFirst Bank. Signed by Chief Judge Roger L. Hunt on 2/4/11. 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 - ASB) (ASB).
February 7, 2011 Opinion or Order Filing 122 EXHIBIT(s) 50 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 121 EXHIBIT(s) 48-49 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 120 EXHIBIT(s) 46-47 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 119 EXHIBIT(s) 44-45 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 118 EXHIBIT(s) 43-2b to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 117 EXHIBIT(s) 43-2a to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 116 EXHIBIT(s) 43-1b to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 115 EXHIBIT(s) 43-1a to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 114 EXHIBIT(s) 41-42 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 113 EXHIBIT(s) 36-40 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 112 EXHIBIT(s) 31-35 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 111 EXHIBIT(s) 28-30 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 110 EXHIBIT(s) 26-27 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 109 EXHIBIT(s) 23-25 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 108 EXHIBIT(s) 19-22 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 107 EXHIBIT(s) 15-18 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 106 EXHIBIT(s) 11-14 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 105 EXHIBIT(s) 10-2b to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 104 EXHIBIT(s) 10-2a to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 103 EXHIBIT(s) 10-1b to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 102 EXHIBIT(s) 10-1a to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 101 EXHIBIT(s) 5-8 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 100 EXHIBIT(s) 3-4 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 99 EXHIBIT(s) 1 and 2 to #97 Declaration,,,,,, ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., Receiver Robb Evans, Plaintiff Federal Trade Commision, Intervenor SunFirst Bank. (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 98 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration of Duane Fielding in support of Opposition to Motion for PI (Attachments: #1 Exhibit Numbered Exhibit 51, #2 Exhibit Numbered Exhibit 52)(Ekins, Brett)
February 7, 2011 Opinion or Order Filing 97 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration of Bryce Payne in support of Opposition to Motion for PI (Ekins, Brett)
February 7, 2011 Opinion or Order Filing 96 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration of Loyd Johnston in Support of Opposition to Motion for Preliminary Injunction (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 95 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration of Scott Muir in support of Opposition to Motion for PI (Ekins, Brett)
February 7, 2011 Opinion or Order Filing 94 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration of Ryan Riddle in Support of Opposition to Motion for Preliminary Injunction (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 93 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration of Kevin Pilon in Support of Opposition to Motion for Preliminary Injunction (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 92 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Decl of Andy Johnson in support of Opposition to Motion for PI (Ekins, Brett)
February 7, 2011 Opinion or Order Filing 91 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration of Terrason Spinks in Support of Opposition to Motion for Preliminary Injunction (Shaw, Michael)
February 7, 2011 Opinion or Order Filing 90 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration of Jeremy Johnson in Opposition to Motion for Preliminary Injunciton (Ekins, Brett)
February 7, 2011 Opinion or Order Filing 89 DECLARATION re #43 MOTION for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Declaration in Support of Opposition to Motion for PI (Ekins, Brett)
February 7, 2011 Opinion or Order Filing 88 SUMMONS Returned Executed by Federal Trade Commision re #42 Complaint,,,,,,,. Employee Plus, Inc. served on 2/1/2011, answer due 2/22/2011; Scott Leavitt served on 2/1/2011, answer due 2/22/2011. (Attachments: #1 Summons Employee Plus Proof of Service)(Guerard, Collot)
February 7, 2011 Opinion or Order Filing 87 MOTION for Leave to File Excess Pages by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Scott Leavitt, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 2/7/2011. (Attachments: #1 Proposed Order)(Ekins, Brett)
February 7, 2011 Opinion or Order Filing 86 MEMORANDUM filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Scott Leavitt, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc. re #43 MOTION for Preliminary Injunction. Opposition to Motion for Preliminary Injunction (Ekins, Brett)
February 7, 2011 Opinion or Order Filing 85 NON-OPPOSITION to #43 MOTION for Preliminary Injunction ; filed by Defendant Scott Leavitt. WITHOUT PREJUDICE TO FUTURE FILING OF MOTION TO TERMINATE INJUNCTION (Sina, Reza)
February 7, 2011 Opinion or Order Filing 83 NOTICE of Change in Hearing on #43 MOTION for Preliminary Injunction : Evidentiary Hearing set for 2/10/2011 is advanced to 09:00 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. (no image attached)(KMC)
February 4, 2011 Opinion or Order Filing 84 ORDER Granting #78 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Loren E. Weiss and approving Designation of Local Counsel for Attorney John A. Snow for SunFirst Bank. Signed by Chief Judge Roger L. Hunt on 2/4/11. 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 - ASB)
February 4, 2011 Opinion or Order Filing 82 ORDER Denying #68 Emergency Motion to Continue Hearing on Preliminary Injunction Motion. IT IS FURTHER ORDERED that #80 SunFirst Bank's Motion for Clarification of the Court's 1/13/11 Temporary Restraining Order is GRANTED to the extent that it will be permitted to be heard and the FTC is directed to address the motion at the hearing. Signed by Chief Judge Roger L. Hunt on 2/4/11. (Copies have been distributed pursuant to the NEF - EDS)
February 4, 2011 Opinion or Order Filing 81 REPLY to Response to #68 Emergency MOTION to Continue District Judge Hearing for Preliminary Injunction ; filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. (Shaw, Michael)
February 4, 2011 Opinion or Order Filing 80 UNOPPOSED MOTION Clarification of TRO 1/13/11 re #44 Temporary Restraining Order, by Intervenor SunFirst Bank. Motion ripe 2/4/2011. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Snow, John)
February 4, 2011 Opinion or Order Filing 79 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael C. O'Brien and DESIGNATION of Local Counsel John A. Snow (Filing fee $ 175 receipt number 0978-1876400) filed by Intervenor SunFirst Bank. Motion ripe 2/4/2011. (Snow, John)
February 4, 2011 Opinion or Order Filing 78 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Loren E. Weiss and DESIGNATION of Local Counsel John A. Snow (Filing fee $ 175 receipt number 0978-1876361) filed by Intervenor SunFirst Bank. Motion ripe 2/4/2011. (Snow, John)
February 4, 2011 Opinion or Order Filing 77 SUMMONS Returned Executed by Federal Trade Commision re #1 Complaint,,,,,,,. Razor Processing, Inc. served on 12/28/2010, answer due 1/18/2011; Rebate Deals, Inc. served on 1/4/2011, answer due 1/25/2011; Revive Marketing, Inc. served on 12/23/2010, answer due 1/13/2011; Simcor Marketing, Inc. served on 12/28/2010, answer due 1/18/2011; Success Marketing, Inc. served on 12/23/2010, answer due 1/13/2011; Summit Processing, Inc. served on 12/23/2010, answer due 1/13/2011; Tran Voyage, Inc. served on 12/23/2010, answer due 1/13/2011; TranFirst, Inc. served on 12/23/2010, answer due 1/13/2011; Unlimited Processing, Inc. served on 12/23/2010, answer due 1/13/2011; Xcel Processing, Inc. served on 12/23/2010, answer due 1/13/2011. (Attachments: #1 Summons Rebate Deals Proof of Service, #2 Summons Rebate Deals Proof of Service, #3 Summons Revive Marketing Proof of Service, #4 Summons Simcor Marketing Proof of Service, #5 Summons Success Marketing Proof of Service, #6 Summons Summit Processing Proof of Service, #7 Summons The Net Success Proof of Service, #8 Summons Tran Voyage Proof of Service, #9 Summons TranFirst Proof of Service, #10 Summons Unlimited Processing Proof of Service, #11 Summons Xcel Processing Proof of Service)(Guerard, Collot)
February 4, 2011 Opinion or Order Filing 76 SUMMONS Returned Executed by Federal Trade Commision re #1 Complaint,,,,,,,. Jet Processing Inc. served on 12/23/2010, answer due 1/13/2011; Net Business Success, Inc. served on 12/23/2010, answer due 1/13/2011; Net Commerce, Inc. served on 12/23/2010, answer due 1/13/2011; Net Discounts, Inc. served on 12/28/2010, answer due 1/18/2011; Net Fit Trends, Inc. served on 12/23/2010, answer due 1/13/2011; Net Success, Inc. served on 12/23/2010, answer due 1/13/2011; Network Agenda, LLC served on 12/23/2010, answer due 1/13/2011; Optimum Assistance, Inc. served on 12/28/2010, answer due 1/18/2011; Power Processing, Inc. served on 12/23/2010, answer due 1/13/2011; Premier Performance, Inc. served on 12/23/2010, answer due 1/13/2011; Pro Internet Services, Inc. served on 12/23/2010, answer due 1/13/2011. (Attachments: #1 Summons Net Business Success Proof of Service, #2 Summons Net Commerce Proof of Service, #3 Summons Net Discounts Proof of Service, #4 Summons Net Fit Trends Proof of Service, #5 Summons Network Agena Proof of Service, #6 Summons Optimum Assistance Proof of Service, #7 Summons Power Processing Proof of Service, #8 Summons Premier Performance Proof of Service, #9 Summons Pro Internet Services)(Guerard, Collot)
February 4, 2011 Opinion or Order Filing 75 SUMMONS Returned Executed by Federal Trade Commision re #1 Complaint,,,,,,,. I Works, Inc. served on 12/23/2010, answer due 1/13/2011; Internet Business Source, Inc. served on 12/23/2010, answer due 1/13/2011; Internet Economy, Inc. served on 12/23/2010, answer due 1/13/2011; Internet Fitness, Inc. served on 1/4/2010, answer due 1/25/2010; JRB Media, Inc. served on 12/23/2010, answer due 1/13/2011; Lifestyles For Fitness, Inc. served on 12/29/2010, answer due 1/19/2011; Market Funding Solutions, Inc. served on 12/23/2010, answer due 1/13/2011; Mist Marketing, Inc. served on 12/28/2010, answer due 1/18/2011; Money Harvest, Inc. served on 12/23/2010, answer due 1/13/2011; Monroe Processing, Inc. served on 12/23/2010, answer due 1/13/2011. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Guerard, Collot)
February 4, 2011 Opinion or Order Filing 74 SUMMONS Returned Executed by Federal Trade Commision re #1 Complaint,,,,,,,. Elite Debit, Inc. served on 12/23/2010, answer due 1/13/2011; Employee Plus, Inc. served on 12/23/2010, answer due 1/13/2011; Excess Net Success, Inc. served on 12/23/2010, answer due 1/13/2011; Fiscal Fidelity, Inc. served on 12/23/2010, answer due 1/13/2011; Fitness Processing, Inc. served on 12/23/2010, answer due 1/13/2011; Funding Search Success, Inc. served on 12/29/2010, answer due 1/19/2011; Funding Success, Inc. served on 1/4/2010, answer due 1/25/2010; GG Processing, Inc. served on 12/23/2010, answer due 1/13/2011; GGL Rewards, Inc. served on 12/28/2010, answer due 1/18/2011; Highlight Marketing, Inc. served on 12/28/2010, answer due 1/18/2011; Hooper Processing, Inc. served on 1/4/2010, answer due 1/25/2010. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons)(Guerard, Collot)
February 4, 2011 Opinion or Order Filing 73 SUMMONS Returned Executed by Federal Trade Commision re #1 Complaint,,,,,,,. CPA Upsell, Inc. served on 12/23/2010, answer due 1/13/2011; CS Processing, Inc. served on 12/28/2010, answer due 1/18/2011; Cloud Nine Marketing, Inc. served on 12/23/2010, answer due 1/13/2011; Cold Bay Media, Inc. served on 12/23/2010, answer due 1/13/2011; Costnet Discounts, Inc. served on 12/23/2010, answer due 1/13/2011; Cutting Edge Processing, Inc. served on 12/23/2010, answer due 1/13/2011; Diamond J Media, Inc. served on 12/23/2010, answer due 1/13/2011; EBusiness First, Inc. served on 12/23/2010, answer due 1/13/2011; EBusiness Success, Inc. served on 12/23/2010, answer due 1/13/2011; eCom Success, Inc. served on 12/23/2010, answer due 1/13/2011. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Guerard, Collot)
February 4, 2011 Opinion or Order Filing 72 SUMMONS Returned Executed by Federal Trade Commision re #1 Complaint,,,,,,,. Anthon Holdings Corp. served on 12/24/2010, answer due 1/14/2011; Big Bucks Pro, Inc. served on 12/28/2010, answer due 1/18/2011; Blue Net Progress, Inc. served on 12/28/2010, answer due 1/18/2011; Blue Streak Processing, Inc. served on 12/23/2010, answer due 1/13/2011; Bolt Marketing, Inc. served on 12/28/2010, answer due 1/18/2011; Bottom Dollar, Inc. served on 12/23/2010, answer due 1/13/2011; Bumble Marketing, Inc. served on 1/4/2010, answer due 1/25/2010; Business First, Inc. served on 12/23/2010, answer due 1/13/2011; Business Loan Success, Inc. served on 12/28/2010, answer due 1/18/2011. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Guerard, Collot)
February 4, 2011 Opinion or Order Filing 71 SUMMONS Returned Executed by Federal Trade Commision re #1 Complaint,,,,,,,. Duane Fielding served on 12/24/2010, answer due 1/14/2011; Andy Johnson served on 1/4/2011, answer due 1/25/2011; Jeremy D Johnson served on 12/23/2010, answer due 1/13/2011; Loyd Johnston served on 12/23/2010, answer due 1/13/2011; Scott Leavitt served on 12/23/2010, answer due 1/13/2011; Scott Muir served on 12/28/2010, answer due 1/18/2011; Bryce Payne served on 12/23/2010, answer due 1/13/2011; Kevin Pilon served on 12/23/2010, answer due 1/13/2011; Ryan Riddle served on 12/23/2010, answer due 1/13/2011; Terrason Spinks served on 12/23/2010, answer due 1/13/2011. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons)(Guerard, Collot)
February 4, 2011 Opinion or Order Filing 70 JOINDER to #68 Emergency MOTION to Continue District Judge Hearing for Preliminary Injunction ; filed by Defendant Scott Leavitt (Sina, Reza)
February 4, 2011 Opinion or Order Filing 69 RESPONSE to #68 Emergency MOTION to Continue District Judge Hearing for Preliminary Injunction, filed by Plaintiff Federal Trade Commision. Replies due by 2/14/2011. (Attachments: #1 Declaration)(Guerard, Collot)
February 3, 2011 Opinion or Order Filing 68 Emergency MOTION to Continue District Judge Hearing for Preliminary Injunction by Defendant Jeremy D Johnson. Motion ripe 2/3/2011. (Shaw, Michael)
January 28, 2011 Opinion or Order Filing 67 MINUTES OF PROCEEDINGS -TELEPHONIC Motion Hearing held on 1/28/2011 before Magistrate Judge George Foley, Jr. Crtrm Administrator: Kris Schulke; Pla Counsel: Teresa Chen, Joseph R. Brooke, Collot Guerard; Def Counsel: Gary Own Caris, Michael R. Shaw, Brett D. Ekins, Theodore Monroe; Court Reporter/FTR #: 3:53:51 - 4:22:55; Time of Hearing: 3:30pm; Courtroom: 3A; Arguments by counsel heard regarding Defendants' Emergency Motion for Protective Order Regarding Expedited Discovery (#64). For the reasons stated, IT IS ORDERED that the motion is DENIED. (Copies have been distributed pursuant to the NEF - DES)
January 28, 2011 Opinion or Order Filing 66 RESPONSE to #64 Emergency MOTION for Protective Order Regarding Expedited Discovery, filed by Plaintiff Federal Trade Commision. Replies due by 2/7/2011. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Guerard, Collot) Modified text on 2/2/2011 (SRK).
January 28, 2011 Opinion or Order Filing 65 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 1/28/2011. By Judicial Assistant: Julia Wright. RE: #64 Defendants' Emergency MOTION for Protective Order Regarding Expedited Discovery : Motion Hearing set for Friday, January 28, 2011, at 3:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr. Please dial (702) 868-4910, password 123456, 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)
January 27, 2011 Opinion or Order Filing 64 Emergency MOTION for Protective Order Regarding Expedited Discovery by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Scott Leavitt, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 1/27/2011. (Attachments: #1 Proposed Order)(Ekins, Brett)
January 27, 2011 Opinion or Order Filing 63 ORDER Granting #61 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Lesley Anne Hawes and approving Designation of Local Counsel for Randolph Howard for Robb Evans. Signed by Chief Judge Roger L. Hunt on 1/27/11. 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 - ASB)
January 27, 2011 Opinion or Order Filing 62 ORDER Granting #60 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Gary Owen Caris and approving Designation of Local Counsel for Attorney Randolph Howard for Robb Evans. Signed by Chief Judge Roger L. Hunt on 1/27/11. 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 - ASB)
January 26, 2011 Opinion or Order Filing 61 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lesley Anne Hawes and DESIGNATION of Local Counsel Randolph L. Howard (Filing fee $ 175 receipt number 0978-1865947) filed by Receiver Robb Evans. Motion ripe 1/26/2011. (Howard, Randolph)
January 26, 2011 Opinion or Order Filing 60 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Gary Owen Caris and DESIGNATION of Local Counsel Randolph L. Howard (Filing fee $ 175 receipt number 0978-1865925) filed by Receiver Robb Evans. Motion ripe 1/26/2011. (Howard, Randolph)
January 26, 2011 Opinion or Order Filing 59 ORDER Granting #58 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Michael R. Shaw and approving Designation of Local Counsel for Attorney Brett D. Ekins for all defendants. Signed by Chief Judge Roger L. Hunt on 1/26/11. 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 - ASB)
January 25, 2011 Opinion or Order Filing 58 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Michael R. Shaw and DESIGNATION of Local Counsel Brett D. Ekins (Filing fee $ 175 receipt number 0978-1863587) filed by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Scott Leavitt, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 1/25/2011. (Ekins, Brett)
January 25, 2011 Opinion or Order Filing 57 ORDER Granting #56 Motion to Continue District Judge Hearing. Hearing on #43 Motion for Preliminary Injunction continued to 2/10/2011 at 10:30 AM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Signed by Chief Judge Roger L. Hunt on 1/25/11. (Copies have been distributed pursuant to the NEF - ASB)
January 24, 2011 Opinion or Order Filing 56 Unopposed MOTION to Continue District Judge Hearing on Preliminary Injunction and Continue TRO by Defendants Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Scott Leavitt, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc.. Motion ripe 1/24/2011. (Attachments: #1 Proposed Order)(Ekins, Brett)
January 20, 2011 Opinion or Order Filing 55 ERRATA to #43 MOTION for Preliminary Injunction ; filed by Plaintiff Federal Trade Commision. (Attachments: #1 Proposed Order Corrected-Revised PI Order)(Brooke, Joseph) Modified text on 1/21/2011 (SRK).
January 19, 2011 Opinion or Order Filing 54 ORDER Granting #51 Motion to Unseal Documents #17 - #43 . Signed by Magistrate Judge George Foley, Jr on 1/19/11. (Copies have been distributed pursuant to the NEF - ASB)
January 18, 2011 Opinion or Order Filing 53 RECEIVER'S OATH by Receiver Robb Evans. (ASB)
January 18, 2011 Opinion or Order Filing 52 RECEIVER'S BOND in the amount of $ $10,000.00 posted by Receiver Robb Evans. Receipt # 55332. (ASB)
January 18, 2011 Opinion or Order Filing 51 MOTION to Unseal all documents under seal by Plaintiff Federal Trade Commision. Motion ripe 1/18/2011. (Attachments: #1 Proposed Order)(Guerard, Collot)
January 14, 2011 Opinion or Order Filing 50 NOTICE of Hearing on #43 SEALED MOTION for Preliminary Injunction : Motion Hearing set for 1/25/2011 01:30 PM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Accordingly, the Court sets the following expedited briefing schedule. Defendants must file any response by noon on Thursday, January 20, 2010. Plaintiff must file any reply by 4:00 PM on Friday, January 21, 2010. (no image attached)(LMN)
January 14, 2011 Opinion or Order Filing 49 ORDER Granting #45 Motion to Unseal #44 Temporary Restraining Order. Signed by Magistrate Judge George Foley, Jr on 1/14/2011. (Copies have been distributed pursuant to the NEF - DXS)
January 14, 2011 Opinion or Order Filing 47 ORDER Granting #16 Motion for Leave to File Memorandum Excess Pages. Signed by Magistrate Judge George Foley, Jr on 1/14/2011. (Copies have been distributed pursuant to the NEF - DXS)
January 14, 2011 Opinion or Order Filing 46 ORDER Granting #15 Motion to Seal For Leave to File Unredacted Complaint & Other Documents Under 10-day Seal. Signed by Magistrate Judge George Foley, Jr on 1/14/2011. (Copies have been distributed pursuant to the NEF - DXS)
January 14, 2011 Opinion or Order Filing 45 MOTION to Unseal TRO entered on January 13 by Plaintiff Federal Trade Commision. Motion ripe 1/14/2011. (Attachments: #1 Proposed Order)(Guerard, Collot)
January 13, 2011 Opinion or Order Filing 44 TEMPORARY RESTRAINING ORDER Granting #17 Sealed Motion for Temporary Restraining Order and ORDER Granting #19 Motion to Appoint Receiver. #43 Motion for Preliminary Injunction Hearing set for 1/25/2011 01:30 PM in LV Courtroom 6C before Chief Judge Roger L. Hunt. Signed by Judge Kent J. Dawson on 1/13/11. (CC: Blaine Welsh, Joseph Brooke, Teresa Chen, and Collot Guerard - ASB) (UNSEALED PER #49 ORDER TO UNSEAL, Modified on 1/14/2011 (DXS).
January 12, 2011 Opinion or Order Filing 43 MOTION for Preliminary Injunction by Plaintiff Federal Trade Commision. Responses due by 1/29/2011. (Attachments: #1 Memorandum, #2 Proposed Order)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 42 COMPLAINT Unredacted against Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Duane Fielding, Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Andy Johnson, Jeremy D Johnson, Loyd Johnston, Scott Leavitt, Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Scott Muir, Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Net Success, Inc., Network Agenda, LLC, Optimum Assistance, Inc., Bryce Payne, Kevin Pilon, Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Ryan Riddle, Simcor Marketing, Inc., Terrason Spinks, Success Marketing, Inc., Summit Processing, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., eCom Success, Inc., filed by Federal Trade Commision. Certificate of Interested Parties due by 1/22/2011. Proof of service due by 5/12/2011.(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 41 EXHIBIT(s) 227-238 and Master Exhibit List filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit Master Exhibit List)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 40 EXHIBIT(s) 217-226 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 39 EXHIBIT(s) 207-216 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 38 EXHIBIT(s) 197-206 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 37 EXHIBIT(s) 187-196 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Errata, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 36 EXHIBIT(s) 177-186 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 35 EXHIBIT(s) 150-176 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 34 EXHIBIT(s) 140B-141G filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 33 EXHIBIT(s) 128-140A filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Errata, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 32 EXHIBIT(s) 121C-127 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Errata, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 31 EXHIBIT(s) 113-121B filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 30 EXHIBIT(s) 83-112 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 29 EXHIBIT(s) 73-82 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 28 EXHIBIT(s) 59-72 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 27 EXHIBIT(s) 51-58 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Errata, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 26 EXHIBIT(s) 36-50 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 25 EXHIBIT(s) 30-35 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 24 EXHIBIT(s) 27A-29 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 23 EXHIBIT(s) 19C-26 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 22 EXHIBIT(s) 17-19B filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 21 EXHIBIT(s) 11-16 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 20 EXHIBIT(s) 1 - 10 filed by Plaintiff Federal Trade Commision. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 19 MOTION to Appoint Receiver by Plaintiff Federal Trade Commision. Motion ripe 1/12/2011. (Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 18 MOTION to Seal Emergency Motion and Other Documents by Plaintiff Federal Trade Commision. Motion ripe 1/12/2011. (Attachments: #1 Proposed Order, #2 Declaration)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
January 12, 2011 Opinion or Order Filing 17 MOTION for Temporary Restraining Order by Plaintiff Federal Trade Commision. Motion ripe 1/12/2011. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Guerard, Collot) Unsealed on 1/19/2011 per #54 Order. (ASB)
December 29, 2010 Opinion or Order Filing 16 MOTION for Leave to File Excess Pages in Memorandum in Support of Forthcoming Motion for Preliminary Injunction by Plaintiff Federal Trade Commision. Motion ripe 12/29/2010. (Attachments: #1 Proposed Order)(Guerard, Collot)
December 29, 2010 Opinion or Order Filing 15 MOTION to Seal For Leave to File Unredacted Complaint & Other Documents Under 10-day Seal by Plaintiff Federal Trade Commision. Motion ripe 12/29/2010. (Attachments: #1 Proposed Order)(Guerard, Collot)
December 27, 2010 Opinion or Order Filing 14 ORDER Granting #11 & #13 Motions for Leave to Appear as Government Counsel for Collot Guerard, Teresa Chen, and J. Ronald Brooke, Jr. Signed by Magistrate Judge George Foley, Jr on 12/27/10. (Copies have been distributed pursuant to the NEF - ASB)
December 22, 2010 Opinion or Order Filing 13 MOTION for Leave to Appear. Government Attorneys Attorney: Collot Guerard, Teresa Chen & J. Ronald Brooke, Jr.. by Plaintiff Federal Trade Commision. Motion ripe 12/22/2010. (Welsh, Blaine)
December 22, 2010 Opinion or Order Filing 12 Summons Issued as to Duane Fielding, Andy Johnson, Jeremy D Johnson, Loyd Johnston, Scott Leavitt, Scott Muir, Bryce Payne, Kevin Pilon, Ryan Riddle, and Terrason Spinks. (Attachments: #1 Summons Issued as to Bryce Payne, #2 Summons Issued as to Duane Fielding, #3 Summons Issued as to Jeremy Johnson, #4 Summons Issued as to Kevin Pilon, #5 Summons Issued as to Loyd Johnston, #6 Summons Issued as to Ryan Riddle, #7 Summons Issued as to Scott Leavitt, #8 Summons Issued as to Scott Muir, #9 Summons Issued as to Terrason Spinks)(ASB)
December 21, 2010 Opinion or Order Filing 11 MOTION for Leave to Appear Government Attorneys. Attorney: Collot Guerard, Teresa Chen, and J. Ronald Brooke, Jr.. by Plaintiff Federal Trade Commision. Motion ripe 12/21/2010. (Welsh, Blaine)
December 21, 2010 Opinion or Order Filing 10 Summons Issued as to Network Agenda, LLC, Optimum Assistance, Inc., Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Simcor Marketing, Inc., Success Marketing, Inc., Summit Processing, Inc., The Net Success, Inc., Tran Voyage, Inc., TranFirst, Inc., Unlimited Processing, Inc., and Xcel Processing, Inc. (Attachments: #1 Summons Issued as to Optimum Assitance, #2 Summons Issued as to Power Processing, #3 Summons Issued as to Premier Performance, #4 Summons Issued as to Pro Internet Services, #5 Summons Issued as to Razor Processing, #6 Summons Issued as to Rebate Deals, #7 Summons Issued as to Revive Marketing, #8 Summons Issued as to Simcor Marketing, #9 Summons Issued as to Success Marketing, #10 Summons Issued as to Summit Processing, #11 Summons Issued as to The Net Success, Inc., #12 Summons Issued as to Tran First, Inc., #13 Summons Issued as to Tran Voyage, Inc., #14 Summons Issued as to Unlimited Processing, #15 Summons Issued as to Xcel Processing)(ASB)
December 21, 2010 Opinion or Order Filing 9 Summons Issued as to I Works, Inc., Internet Business Source, Inc., Internet Economy, Inc., Internet Fitness, Inc., JRB Media, Inc., Jet Processing Inc., Lifestyles For Fitness, Inc., Market Funding Solutions, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., and Net Fit Trends, Inc. (Attachments: #1 Summons Issued as to Internet Business Source, Inc., #2 Summons Issued as to Internet Economy, Inc., #3 Summons Issued as to Internet Fitness, Inc., #4 Summons Issued as to Jet Processing, Inc., #5 Summons Issued as to JRB Media, Inc., #6 Summons Issued as to Lifestyles for Fitness, Inc., #7 Summons Issued as to Market Funding Solutions, Inc., #8 Summons Issued as to Mist Marketing, Inc., #9 Summons Issued as to Money Harvest, Inc., #10 Summons Issued as to Monroe Processing, Inc., #11 Summons Issued as to Net Business Success, Inc., #12 Summons Issued as to Net Commerce, Inc., #13 Summons Issued as to Net Discounts, Inc., #14 Summons Issued as to Net Fit Trends, Inc.)(ASB)
December 21, 2010 Opinion or Order Filing 8 Summons Issued as to Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., Elite Debit, Inc., Employee Plus, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., and eCom Success, Inc. (Attachments: #1 Summons Issued as to eBusiness First, Inc., #2 Summons Issued as to EBusiness Success, Inc., #3 Summons Issued as to eCom Success, Inc., #4 Summons Issued as to Elite Debit, Inc., #5 Summons Issued as to Employee Plus, Inc., #6 Summons Issued as to Excess Net Success, Inc., #7 Summons Issued as to Fiscal Fidelity, Inc., #8 Summons Issued as to Fitness Processing, Inc., #9 Summons Issued as to Funding Search Success, Inc., #10 Summons Issued as to Funding Success, Inc., #11 Summons Issued as to GG Processing, Inc., #12 Summons Issued as to GGL Rewards, Inc., #13 Summons Issued as to Highlight Market, Inc., #14 Summons Issued as to Hooper Processing, Inc.)(ASB)
December 21, 2010 Opinion or Order Filing 7 Summons Issued as to Anthon Holdings Corp., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., CPA Upsell, Inc., CS Processing, Inc., Cloud Nine Marketing, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., and Cutting Edge Processing, Inc. (Attachments: #1 Summons Issued as to Big Bucks Pro, Inc., #2 Summons Issued as to Blue Net Progress, Inc., #3 Summons Issued as to Blue Streak Processing, Inc., #4 Summons Issued as to Bolt Marketing, Inc., #5 Summons Issued as to Bottom Dollar, Inc., #6 Summons Issued as to Bumble Marketing, Inc., #7 Summons Issued as to Business First, Inc., #8 Summons Issued as to Business Loan Success, Inc., #9 Summons Issued as to Cloud Nine Marketing, Inc., #10 Summons Issued as to Cold Bay Media, Inc., #11 Summons Issued as to Costnet Discounts, Inc., #12 Summons Issued as to CPA Upsell, Inc., #13 Summons Issued as to CS Processing, Inc., #14 Summons Issued as to Cutting Edge Process, Inc.)(ASB)
December 21, 2010 Opinion or Order Filing 6 NOTICE PURSUANT TO LOCAL RULE IB 2-2: In accordance with 28 USC 636(c) and FRCP 73, the parties in this action are provided with a link to the "AO 85 Notice of Availability, Consent, and Order of Reference - Exercise of Jurisdiction by a U.S. Magistrate Judge" form on the Court's website - #www.nvd.uscourts.gov. Consent forms should NOT be electronically filed. Upon consent of all parties, counsel are advised to manually file the form with the Clerk's Office. (no image attached) (ASB)
December 21, 2010 Opinion or Order Filing 5 PROPOSED SUMMONS to be issued, filed by Plaintiff Federal Trade Commision. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons, #15 Summons)(Guerard, Collot)
December 21, 2010 Opinion or Order Filing 4 PROPOSED SUMMONS to be issued, filed by Plaintiff Federal Trade Commision. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(Guerard, Collot)
December 21, 2010 Opinion or Order Filing 3 PROPOSED SUMMONS to be issued, filed by Plaintiff Federal Trade Commision. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(Guerard, Collot)
December 21, 2010 Opinion or Order Filing 2 PROPOSED SUMMONS to be issued, filed by Plaintiff Federal Trade Commision. (Attachments: #1 Summons, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons, #12 Summons, #13 Summons, #14 Summons)(Guerard, Collot)
December 21, 2010 Opinion or Order Filing 1 COMPLAINT Redacted against Andy Johnson, Loyd Johnston, Scott Leavitt, Scott Muir, Bryce Payne, Kevin Pilon, Ryan Riddle, Terrason Spinks, I Works, Inc., Anthon Holdings Corp., Cloud Nine Marketing, Inc., CPA Upsell, Inc., Elite Debit, Inc., Employee Plus, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Network Agenda, LLC, Success Marketing, Inc., Big Bucks Pro, Inc., Blue Net Progress, Inc., Blue Streak Processing, Inc., Bolt Marketing, Inc., Bottom Dollar, Inc., Bumble Marketing, Inc., Business First, Inc., Business Loan Success, Inc., Cold Bay Media, Inc., Costnet Discounts, Inc., CS Processing, Inc., Cutting Edge Processing, Inc., Diamond J Media, Inc., EBusiness First, Inc., EBusiness Success, Inc., eCom Success, Inc., Excess Net Success, Inc., Fiscal Fidelity, Inc., Fitness Processing, Inc., Funding Search Success, Inc., Funding Success, Inc., GG Processing, Inc., GGL Rewards, Inc., Highlight Marketing, Inc., Hooper Processing, Inc., Internet Business Source, Inc., Internet Fitness, Inc., Jet Processing Inc., JRB Media, Inc., Lifestyles For Fitness, Inc., Mist Marketing, Inc., Money Harvest, Inc., Monroe Processing, Inc., Net Business Success, Inc., Net Commerce, Inc., Net Discounts, Inc., Net Fit Trends, Inc., Optimum Assistance, Inc., Power Processing, Inc., Premier Performance, Inc., Pro Internet Services, Inc., Razor Processing, Inc., Rebate Deals, Inc., Revive Marketing, Inc., Simcor Marketing, Inc., The Net Success, Inc., TranFirst, Inc., Tran Voyage, Inc., Unlimited Processing, Inc., Xcel Processing, Inc., Summit Processing, Inc., filed by Federal Trade Commision. Certificate of Interested Parties due by 12/31/2010. Proof of service due by 4/20/2011. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons, #10 Summons, #11 Summons)(Guerard, Collot)
December 21, 2010 Opinion or Order Case assigned to Chief Judge Roger L. Hunt and Magistrate Judge George Foley, Jr. (ASB)

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Defendant: Summerset Ranch, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Costnet Discounts, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: CPA Upsell, Inc.
Represented By: Adriana Pereyra
Represented By: Kelly H Macfarlane
Represented By: Todd W Prall
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Jacob A. Reynolds
Represented By: Mark A. Hutchison
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Andrew D. Smith
Represented By: Keen L. Ellsworth
Represented By: Brett D. Ekins
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Defendant: Optimum Assistance, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Fitness For Life, Inc.
Represented By: Todd W Prall
Represented By: John Christian Barlow
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Defendant: Scud Runner, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Kingston Enterprises LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Triple Seven Inc.
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Kombi Capital, LP
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Digital Currency, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Valentino Holdings LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Duane Fielding
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Michael P. Studebaker
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Karra Porter
Represented By: Jared Green
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
Represented By: Brett D. Ekins
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Defendant: Jet Processing Inc.
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Kelly H Macfarlane
Represented By: Edward Dean Boyack
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Alan D. Boyack
Represented By: Brett D. Ekins
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Defendant: Vanquish Enterprises LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Market Mastery Trading, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Dreamland Capital, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: TranFirst, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Flatline Investments, LP
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Executive Service Center, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Silvernix Holdings, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Loyd Johnston
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
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Defendant: Mastery Merchant, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: SRLA, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Summit Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Fishbrook Partners, LLC
Represented By: Michael K Wall
Represented By: Ava M. Schaefer
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
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Defendant: MoneyMaker Strategies LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Mist Marketing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Internet Fitness, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Omaha Eight, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Paydirt Capital, Inc.
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Bottom Dollar, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: ScamVictim Help LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Net Fit Trends, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: C2 Holdings, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: TJJ Properties, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: eCom Success, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Funding Success, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: IC Development, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Treadstone Partners, LP
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: CS Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Monroe Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Network Agenda, LLC
Represented By: Jared Green
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Michael P. Studebaker
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Karra Porter
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
Represented By: Brett D. Ekins
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Defendant: CECJ Enterprises LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: SpyGlass Holdings LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Fiscal Fidelity, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: TLV Enterprises, Inc.
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Kingfish Management, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
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Defendant: Cerberus Management LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Diamond J Media, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Jason T. Vowell Sole Prop.
Represented By: Theadore J Besen
Represented By: Tara-Lynn Adams
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Defendant: Paydirt, LP
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Net Business Success, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Bryce Payne
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
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Defendant: EBusiness Success, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Scott Muir
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Net Commerce, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Cloud Nine Marketing, Inc.
Represented By: Adriana Pereyra
Represented By: Kelly H Macfarlane
Represented By: Scott T. Evans
Represented By: Todd W Prall
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Jacob A. Reynolds
Represented By: Mark A. Hutchison
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Andrew D. Smith
Represented By: Keen L. Ellsworth
Represented By: Brett D. Ekins
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Defendant: Liahona Holdings, LP
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Bumble Marketing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Xcel Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Online Weight Loss
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Premier Performance, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Lift Off Financial LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Zibby Flight Service, LLC
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
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Defendant: SpyGlass Enterprises LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Terrason Spinks
Represented By: Kelly H Macfarlane
Represented By: Edward Dean Boyack
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Alan D. Boyack
Represented By: Brett D. Ekins
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Defendant: T. Vowell Sole Propietorship Capital Holding
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
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Defendant: Alpha Yankee, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Net Discounts, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Sharla Johnson
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
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Defendant: Powder Monkeys, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Anthon Holdings Corp.
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Michael P. Studebaker
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Karra Porter
Represented By: Jared Green
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
Represented By: Brett D. Ekins
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Defendant: Unlimited Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Choker Block, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Revive Marketing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Funding Search Success, Inc.
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Woodsview Holdings, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Cutting Edge Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Paydirt Management, Inc.
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Net Success, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Business Loan Success, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Excess Net Success, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Jason Vowell
Represented By: Nathan K. Fisher
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Defendant: Robin V. Foundation Inc.
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Lifestyles For Fitness, Inc.
Represented By: Todd W Prall
Represented By: Michael R Shaw
Represented By: Jacob A. Reynolds
Represented By: Mark A. Hutchison
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Todd Vowell
Represented By: Michael K Wall
Represented By: Ava M. Schaefer
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
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Defendant: Ryan Riddle
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
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Defendant: Valentino Properties LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Chateau Circle, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Terrason Spinks-Jet Processing, Inc.
Represented By: Kelly H Macfarlane
Represented By: Karra Porter
Represented By: Phillip E. Lowry
Represented By: Sarah E Spencer
Represented By: Edward Dean Boyack
Represented By: Alan D. Boyack
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Defendant: Jeremy D. Johnson
Represented By: Adriana Pereyra
Represented By: Mark A. Hutchison
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Kelly H Macfarlane
Represented By: Todd W Prall
Represented By: Phillip E. Lowry
Represented By: Jacob A. Reynolds
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Mountain Financial, LLC
Represented By: Troy A Wallin
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Defendant: Success Marketing, Inc.
Represented By: Adriana Pereyra
Represented By: Kelly H Macfarlane
Represented By: Scott T. Evans
Represented By: Todd W Prall
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Jacob A. Reynolds
Represented By: Mark A. Hutchison
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Andrew D. Smith
Represented By: Keen L. Ellsworth
Represented By: Brett D. Ekins
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Defendant: Hooper Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Fitness Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Interstate Lending, LLC
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Defendant: Global Media 7 LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: KB Family Limited Partnership
Represented By: John P. Aldrich
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: Michael D. Stanger
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Defendant: Sheree Vowell
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: GGL Rewards, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Power Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Internet Business Source, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Razor Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Triple Play Group, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Capital Energy Corporation
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Market Funding Solutions, Inc.
Represented By: Adriana Pereyra
Represented By: Kelly H Macfarlane
Represented By: Scott T. Evans
Represented By: Todd W Prall
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Jacob A. Reynolds
Represented By: Mark A. Hutchison
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Andrew D. Smith
Represented By: Keen L. Ellsworth
Represented By: Brett D. Ekins
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Defendant: Blue Streak Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Money Harvest, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Taggart Management, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Wealth Matters LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Phoenix Rising LLC
Represented By: Tara-Lynn Adams
Represented By: Theadore J Besen
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Defendant: Scott Leavitt
Represented By: Randon Hansen
Represented By: Reza Sina
Represented By: Marcus R. Mumford
Represented By: Brett D. Ekins
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Defendant: Paydirt Properties, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
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Defendant: Kevin Pilon
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
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Defendant: Big Bucks Pro, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Tran Voyage, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Orange Cat Investments, LLC
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
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Defendant: Spindletop Investments, LLC
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Defendant: Andy Johnson
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Barbara Johnson
Represented By: John P. Aldrich
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: Michael D. Stanger
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Defendant: Blue Net Progress, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Flying High Enterprises, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Business First, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Pro Internet Services, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Simcor Marketing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: GG Processing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Cold Bay Media, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Employee Plus, Inc.
Represented By: Randon Hansen
Represented By: Marcus R. Mumford
Represented By: Brett D. Ekins
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Defendant: Money Master for Life
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: EBusiness First, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Gary W Barr
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: Zibby, LLC
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
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Defendant: Internet Economy, Inc.
Represented By: Adriana Pereyra
Represented By: Kelly H Macfarlane
Represented By: Scott T. Evans
Represented By: Todd W Prall
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Jacob A. Reynolds
Represented By: Mark A. Hutchison
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Andrew D. Smith
Represented By: Keen L. Ellsworth
Represented By: Brett D. Ekins
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Defendant: KV Electric, Inc.
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
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Defendant: Commerce Financial, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Kerry Johnson
Represented By: John P. Aldrich
Represented By: Kelly H Macfarlane
Represented By: Phillip E. Lowry
Represented By: Karra Porter
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: Michael D. Stanger
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Defendant: SRLA Association, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: KATTS, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Bolt Marketing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: ePayment Solutions, LLC
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
Represented By: Ava M. Schaefer
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Defendant: Elite Debit, Inc.
Represented By: Adriana Pereyra
Represented By: Kelly H Macfarlane
Represented By: Scott T. Evans
Represented By: Todd W Prall
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Jacob A. Reynolds
Represented By: Mark A. Hutchison
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Andrew D. Smith
Represented By: Keen L. Ellsworth
Represented By: Brett D. Ekins
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Defendant: New Horizon Finance, Inc.
Represented By: John P. Aldrich
Represented By: Michael D. Stanger
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Defendant: Triple Seven, LLC/LP
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Jacob A. Reynolds
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Defendant: I Works, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Kelly H Macfarlane
Represented By: Todd W Prall
Represented By: Phillip E. Lowry
Represented By: Michael R Shaw
Represented By: Karra Porter
Represented By: Jacob A. Reynolds
Represented By: Mark A. Hutchison
Represented By: Sarah E Spencer
Represented By: Gregory A. Miles
Represented By: John Christian Barlow
Represented By: Andrew D. Smith
Represented By: Keen L. Ellsworth
Represented By: Brett D. Ekins
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Defendant: Highlight Marketing, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Brett D. Ekins
Represented By: Michael R Shaw
Represented By: Chad R. Fears
Represented By: Jennifer R. Hargis
Represented By: Brian R. Reeve
Represented By: John Christian Barlow
Represented By: D. Neal Tomlinson
Represented By: Karl O Riley
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Defendant: Rebate Deals, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Defendant: JRB Media, Inc.
Represented By: Adriana Pereyra
Represented By: Jeffrey P. Aylward
Represented By: Gary W Barr
Represented By: Michael R Shaw
Represented By: John Christian Barlow
Represented By: Brett D. Ekins
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Petitioner: Cache Valley Bank
Represented By: Linda M. Bullen
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Petitioner: Paradise Ranch Development, LLC
Represented By: Elijah L. Milne
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Petitioner: Jason Rushton
Represented By: Elijah L. Milne
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Petitioner: Richard H. Casper
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Intervenor: Federal Deposit Insurance Corporation - R
Represented By: Rodrigo M. Rodriguez
Represented By: Sam E Taylor, Jr
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Intervenor: Iprerogative, LLC
Represented By: Michael P. Studebaker
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Intervenor: Trigger, LLC
Represented By: Michael P. Studebaker
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Intervenor: SunFirst Bank
Represented By: John A. Snow
Represented By: Robin E Perkins
Represented By: Michael R Shaw
Represented By: Loren E. Weiss
Represented By: Matthew W. Treu
Represented By: Nathan K. Fisher
Represented By: Michael C. O'Brien
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Intervenor: SLI, LLC
Represented By: Michael P. Studebaker
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Intervenor: Rotortrends, LLC
Represented By: Michael P. Studebaker
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Intervenor: United States of America
Represented By: Jared C. Bennett
Represented By: Jeannette F. Swent
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Interested party: Liahona Academy for Youth, LLC
Represented By: Linda M. Bullen
Represented By: Jacob A. Reynolds
Represented By: V. Lowry Snow
Represented By: Curtis M Jensen
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Interested party: Bank of Utah
Represented By: Jessica G McKinlay
Represented By: Michael F. Thomson
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Interested party: Phillip Gubler
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Interested party: Virgin Properties, LLC
Represented By: Linda M. Bullen
Represented By: V. Lowry Snow
Represented By: Curtis M Jensen
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Interested party: Executive Auto Group, Inc.
Represented By: Linda M. Bullen
Represented By: V. Lowry Snow
Represented By: Curtis M Jensen
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Interested party: John Hafen
Represented By: Andrew B Clawson
Represented By: Christopher Childs
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Interested party: Lilhaf Holdings, LLC
Represented By: Andrew B Clawson
Represented By: Christopher Childs
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Interested party: Todd L Vowell
Represented By: Michael K Wall
Represented By: Joseph S. Kistler
Represented By: Matthew R. Lewis
Represented By: Jacob A. Reynolds
Represented By: Joni A Jamison
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Interested party: Tiburon Enterprises, LLC
Represented By: Andrew B Clawson
Represented By: Christopher Childs
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Interested party: Executive Car Sales, Inc.
Represented By: Linda M. Bullen
Represented By: V. Lowry Snow
Represented By: Curtis M Jensen
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Plaintiff: Federal Trade Commission
Represented By: Joseph R Brooke
Represented By: Holly A. Vance
Represented By: Teresa Chen
Represented By: Jody Goodman
Represented By: Dotan Weinman
Represented By: Janice Kopec
Represented By: Roberto Anguizola
Represented By: Blaine T Welsh
Represented By: Collot Guerard
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Intervenor defendant: Bank of America, N.A.
Represented By: Gregg A Hubley
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Receiver: FDIC
Represented By: Rodrigo M. Rodriguez
Represented By: Blaine T Welsh
Represented By: Sam E Taylor, Jr
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Receiver: Robb Evans
Represented By: Bart K Larsen
Represented By: Shlomo S. Sherman
Represented By: Angela E. Fones
Represented By: Michael R Shaw
Represented By: Randolph L. Howard
Represented By: Gary Owen Caris
Represented By: Lesley Anne Hawes
Represented By: Scott D Fleming
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Claimant: 249 Investors, LLC
Represented By: Tanya N. Lewis
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