Federal Trade Commission v. Health Formulas, LLC et al
Plaintiff: Federal Trade Commission
Defendant: Danelle Miller, Method Films, Inc., Health Products Direct LLC, DJD Distribution, LLC, Moringa Marketing LLC, Cherry Hill Marketing, LLC, Barrel Roll, LLC, Extamax, LLC, Weight Loss Dojo, LLC, Alpha Brands, LLC, Chapnick, Smuckler & Chapnick, INC, BSC Marketing, LLC, Jason Miller, Method Direct, LLC, Pure and Simple Health Products LLC, CSA Ventures, LLC, Danelle Kenealy, Wellness Products, LLC, Brandon Chapnick, Metabolic Labs, LLC, F12 Media LLC, VIP Savings, LLC, KMS Marketing LLC, Danelle Folta, Pure Vitamins, LLC, Radiant Skin LLC, Longhorn Marketing, LLC, Natural Products Direct LLC, MDCC, LLC, Miracle Male, LLC, Luminous Skin LLC, Men's Health Formulas, LLC, 458 Media LLC, Skinny 7 LLC, Northern Health Products LLC, Keith Smuckler, Wellness Labs, LLC, Tindy Films LLC, Brilliant Skin LLC, GCB Marketing LLC, Blu Stella, LLC, Northbound Marketing LLC, Yacon Marketing LLC, Health Formulas, LLC, Shimmering Skin LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Pure and Natural Health Products LLC and Flex Formulas, LLC
Undetermined: Robb Evans & Associates LLC
Case Number: 2:2014cv01649
Filed: October 7, 2014
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Richard F Boulware
Referring Judge: George Foley
Nature of Suit: Other Statutory Actions
Cause of Action: 15:0053
Jury Demanded By: None
Docket Report

This docket was last retrieved on January 3, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 3, 2018 Filing 223 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 1/3/2018. This case has been resolved and the Clerk of Court is Ordered to close this case. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
June 7, 2017 Opinion or Order Filing 222 ORDER Granting Receiver Robb Evans & Associates LLC's #214 Motion Approving Final Report and Final Accounting, Final Request for Approval and Payment of Fees and Expenses of Receiver and Its Professionals From March 1, 2016 Through Closing, for Discharge and Exoneration of Bond, and Related Relief, and Granting Relief From #213 Notice Under Local Rule 66-5 in Connection Therewith. Signed by Judge Richard F. Boulware, II on 6/7/2017. (Copies have been distributed pursuant to the NEF - SLD)
March 13, 2017 Opinion or Order Filing 221 ORDER Granting #208 Motion to Extend Time for Receiver to File Final Report and Accounting as to Miller Receivership Entities and Granting Relief from Notice Under Local Rule 66-5. Deadline: 3/20/2017. Signed by Judge Richard F. Boulware, II on 3/13/2017. (Copies have been distributed pursuant to the NEF - SLD)
February 22, 2017 Opinion or Order Filing 220 ORDER Granting #201 Stipulation for Permanent Injunction. Judgment in the amount of One Hundred Five Million Dollars ($105,000,000) is entered in favor of the Commission and against the Individual Defendants and Corporate Defendants, jointly and severally, as equitable monetary relief (see Order for details). Signed by Judge Richard F. Boulware, II on 2/22/2017. (Copies have been distributed pursuant to the NEF - SLD)
February 10, 2017 Filing 219 SUPPLEMENT to #217 Notice (Other), #218 Notice (Other), #213 Notice (Other), ; (Supplement to Certificate of Service) by Receiver Robb Evans & Associates LLC. (Sherman, Shlomo)
February 10, 2017 Filing 218 NOTICE of Date of Mailing of Receiver's Final Report and Final Accounting as to Miller Receivership Entities and Opportunity to Object by Robb Evans & Associates LLC re #213 Notice . (Sherman, Shlomo)
February 10, 2017 Filing 217 NOTICE of Filing of #214 Motion for Order Approving Final Report and Final Accounting, Final Request for Approval and Payment of Fees and Expenses of Receiver and its Professionals From March 1, 2016 Through Closing, for Discharge and Exoneration of Bond, and Related Relief, and Granting Relief From Notice Under Local Rule 66-5 In Connection Therewith by Robb Evans & Associates LLC . (Sherman, Shlomo)
February 10, 2017 Filing 216 DECLARATION of Gary Owen Caris re #214 Motion for Order Approving Final Report and Final Accounting, Final Request for Approval and Payment of Fees and Expenses of Receiver and its Professionals From March 1, 2016 Through Closing, for Discharge and Exoneration of Bond, and Related Relief, and Granting Relief From Notice Under Local Rule 66-5 In Connection Therewith) by Receiver Robb Evans & Associates LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Sherman, Shlomo)
February 10, 2017 Filing 215 DECLARATION of Brick Kane re #214 Motion for Order Approving Final Report and Final Accounting, Final Request for Approval and Payment of Fees and Expenses of Receiver and its Professionals From March 1, 2016 Through Closing, for Discharge and Exoneration of Bond, and Related Relief, and Granting Relief From Notice Under Local Rule 66-5 In Connection Therewith) by Receiver Robb Evans & Associates LLC. (Attachments: #1 Exhibit 1 (part 1), #2 Exhibit 1 (part 2), #3 Exhibit 2 (part 1), #4 Exhibit 2 (part 2), #5 Exhibit 2 (part 3), #6 Exhibit 3)(Sherman, Shlomo)
February 10, 2017 Filing 214 MOTION for Order Approving Final Report and Final Accounting, Final Request for Approval and Payment of Fees and Expenses of Receiver and Its Professionals From March 1, 2016 Through Closing, for Discharge and Exoneration of Bond, and Related Relief, and Granting Relief From Notice Under Local Rule 66-5 in Connection Therewith re #213 Notice (Other), by Receiver Robb Evans & Associates LLC. Responses due by 2/24/2017. (Attachments: #1 Proposed Order)(Sherman, Shlomo)
February 9, 2017 Filing 213 NOTICE of Filing of Receiver's Final Report and Final Accounting as to Miller Receivership Entities and Opportunity to Object by Robb Evans & Associates LLC. (Attachments: #1 Exhibit 1 (part 1), #2 Exhibit 1 (part 2))(Sherman, Shlomo)
December 28, 2016 Filing 212 NOTICE of Completion of Wind Up of Receivership of Chapnick, Smukler & Chapnick, Inc. by Robb Evans & Associates LLC re #207 Order on Motion,,. (Sherman, Shlomo)
December 15, 2016 Filing 211 NOTICE of Filing of #208 Motion for Order Extending Deadline for Receiver to File Final Report and Accounting as to Miller Receivership Entities and Granting Relief From Notice Under Local Rule 66-5 In Connection Therewith by Robb Evans & Associates LLC . (Sherman, Shlomo)
December 15, 2016 Filing 210 Submission of PROPOSED ORDER on #208 Motion to Extend Time/Shorten Time regarding Discovery or Nondispositive matter, ; filed by Receiver Robb Evans & Associates LLC. (Sherman, Shlomo)
December 15, 2016 Filing 209 DECLARATION of Gary Owen Caris re #208 Motion to Extend Time/Shorten Time regarding Discovery or Nondispositive matter, ; filed by Receiver Robb Evans & Associates LLC. (Sherman, Shlomo)
December 15, 2016 Filing 208 MOTION to Extend Time regarding discovery/nondispositive matter (First Request) for Receiver to File Final Report and Accounting as to Miller Receivership Entities and Granting Relief From Notice Under Local Rule 66-5 In Connection Therewith by Receiver Robb Evans & Associates LLC. (Sherman, Shlomo)
August 4, 2016 Opinion or Order Filing 207 ORDER Granting Receiver Robb Evans & Associates LLC's #199 Motion for Order (1) Approving and Authorizing Payment of Fees and Expenses of the Receiver and its Professionals as to the Miller Receivership Defendants, (2) Approving Final Report and Accounting and Wind Up of CSC Receivership, Approving and Authorizing Payment of Fees adn Expenses of the Receiver and its Professionals, and (3) Granting Relief from Notice Under Local Rule 66-5 (see order for specifics). Signed by Judge Richard F. Boulware, II on 8/4/2016. (Copies have been distributed pursuant to the NEF - SLD)
July 13, 2016 NOTICE of Docket Correction to #205 Notice (Other), 206 Notice of Non-Compliance with Local Rule IC 2-1 : Docket entry #205 Notice has been modified by Court to correctly reflect Order on #201 Stipulation. Notice 206 has been terminated by Court. (no image attached)(RFJ)
July 13, 2016 Filing 206 ERROR: Notice entered in error. CORRECTION: Notice is terminated. FIRST NOTICE: of Non-Compliance with Local Rule IC 2-1 Modified on 7/13/2016 (RFJ).
July 12, 2016 Opinion or Order Filing 205 ORDER Granting #201 STIPULATION for Permanent Injunction; filed by Federal trade Commission.Signed by Judge Richard F. Boulware on 7/12/2016. (DL) Modified on 7/13/2016 to reflect entry as an Order (DL).
June 20, 2016 Opinion or Order Filing 204 ORDER granting ECF No. #202 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 Filing 203 Submission of PROPOSED ORDER on #202 Motion to Substitute Attorney; filed by Receiver Robb Evans & Associates LLC . (Sherman, Shlomo)
June 17, 2016 Filing 202 MOTION to Substitute Attorney; filed by Receiver Robb Evans & Associates LLC. (Sherman, Shlomo)
April 26, 2016 Filing 201 STIPULATION for Permanent Injunction; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order, #2 Appendix) (Estrada, Danielle)
April 15, 2016 Filing 200 NOTICE of Filing of #199 Motion for: (1) Order Approving and Authorizing Payment of Fees and Expenses of the Receiver and its Professionals as to the Miller Receivership Defendants for the Period From September 1, 2015 Through February 29, 2016; (2) Order Approving Final Report and Accounting and Wind Up of CSC Receivership, Approving and Authorizing Payment of Fees and Expenses of the Receiver and its Professionals from September 1, 2015 Through the Closing of the CSC Receivership Estate in Connection Therewith and for Related Relief by Robb Evans & Associates LLC . (Caris, Gary)
April 15, 2016 Filing 199 MOTION for (1) Order Approving and Authorizing Payment of Fees and Expenses of the Receiver and its Professionals as to the Miller Receivership Defendants for the Period September 1, 2015 Through February 29, 2016; (2) Order Approving Final Report and Accounting and Wind Up of CSC Receivership, Approving and Authorizing Payment of Fees and Expenses of the Receiver and its Professionals From September 1, 2015 Through the Closing of the CSC Receivership Estate in Connection Therewith and for Related Relief by Receiver Robb Evans & Associates LLC. Responses due by 5/2/2016. (Attachments: #1 Declaration of Gary Owen Caris, #2 Exhibit 1 to Caris Declaration, #3 Declaration of Brick Kane, #4 Exhibit 1 to Kane Declaration, #5 Exhibit 2 to Kane Declaration, #6 Exhibit 3 to Kane Declaration, #7 Proposed Order)(Caris, Gary)
March 9, 2016 Opinion or Order Filing 198 ORDER Granting #196 Joint Motion to Stay. All proceedings in the case are stayed for 90 days from the date of the entry of this Order, except that all deadlines related to the #195 Stipulated Order for Permanent Injunction and Monetary Judgment Regarding Defendants Chapnick, Smukler & Chapnick, Inc., Brandon Chapnick, and Keith Smukler shall remain in effect. Plaintiff and/or Defendants The Miller shall have until 6/7/2016 to file either (1) a stipulation of dismissal or (2) a status report. Plaintiff's #174 and #175 Motions to Compel are DENIED WITHOUT PREJUDICE. Signed by Judge Richard F. Boulware, II on 3/8/2016. (Copies have been distributed pursuant to the NEF - SLD)
March 8, 2016 Filing 197 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 3/8/2016. IT IS FURTHER ORDERED that #174 Motion to Compel and #175 Motion to Compel are DENIED WITHOUT PREJUDICE. If the parties fail to submit a proposed final order after 90 days, the FTC may renew these motions. (Copies have been distributed pursuant to the NEF - CVL)
March 7, 2016 Filing 196 Joint MOTION to Stay Proceedings 90 Days As To The Miller Defendants Pending Completion Of Proposed Settlement by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order)(Dickey, Melissa)
February 16, 2016 Opinion or Order Filing 195 ORDER Granting #187 Stipulation for Permanent Injunction and Monetary Judgment. Signed by Judge Richard F. Boulware, II on 2/16/16. (Copies have been distributed pursuant to the NEF - TR)
February 1, 2016 Filing 194 Routing Slip - IRS Form 1725 re #173 Notice and #172 Motion. (SLD)
February 1, 2016 Filing 193 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 2/1/2016. IT IS ORDERED that #192 Motion to Withdraw Motion to Dismiss is GRANTED. Defendants' #143 Motion to Dismiss is withdrawn. These Defendants shall file their Answer to #114 Amended Complaint by 2/15/2016.IT IS FURTHER ORDERED that the hearing scheduled for Wednesday, February 3, 2016 is VACATED. (Copies have been distributed pursuant to the NEF - BEL)
February 1, 2016 Filing 192 MOTION to Withdraw #143 Motion to Dismiss,,,, by Defendants 458 Media LLC, Alpha Brands, LLC, BSC Marketing, LLC, Barrel Roll, LLC, Blu Stella, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, DJD Distribution, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, F12 Media LLC, Flex Formulas, LLC, GCB Marketing LLC, Health Formulas, LLC, Health Products Direct LLC, KMS Marketing LLC, Longhorn Marketing, LLC, Luminous Skin LLC, MDCC, LLC, Men's Health Formulas, LLC, Metabolic Labs, LLC, Method Direct, LLC, Method Films, Inc., Danelle Miller, Jason Miller, Miracle Male, LLC, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure Vitamins, LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC. (Altman, Bryan)
January 27, 2016 Opinion or Order Filing 191 ORDER Granting Defendants' #190 Motion to Substitute Attorney Russell E. Marsh as attorney of record in place and stead of Attorney C. Stanley Hunterton for Defendants Chapnick, Smukler & Chapnick, Inc.; Brandon Chapnick; and Keith Smukler. Signed by Magistrate Judge George Foley, Jr on 1/27/2016. (Copies have been distributed pursuant to the NEF - SLD)
January 26, 2016 Filing 190 MOTION to Substitute Attorney by Defendants Brandon Chapnick, Chapnick, Smuckler & Chapnick, INC, Keith Smuckler. (Marsh, Russell)
January 15, 2016 Filing 189 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 1/15/2016. IT IS ORDERED that a hearing and oral argument regarding #143 Motion to Dismiss is set for Wednesday, February 3, 2016 at 2:30 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
December 28, 2015 Filing 188 MINUTES OF PROCEEDINGS - Telephonic Motion Hearing held on 12/28/2015 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Danielle Estrada and Melissa Dickey; Def Counsel: Bryan Altman; Court Reporter/FTR #: 10:39a.m. - 11:23a.m.; Courtroom: 3A; All parties appeared telephonically. The Court makes preliminary remarks and hears representations of counsel as to #174 Motion to Compel Discovery Depositions and #175 Motion to Compel Discovery.The Court takes these matters under submission. Written order to follow, as stated on the record. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
December 22, 2015 Filing 187 STIPULATED/CONSENT JUDGMENT; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Stipulated Judgment)(Dickey, Melissa)
December 21, 2015 Filing 186 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 12/21/2015. By Deputy Clerk: E. Garcia. Due to technical difficulties, the telephonic hearing re: #174 MOTION to Compel Discovery Depositions and #175 MOTION to Compel Discovery scheduled for December 21, 2015 has been rescheduled to Monday, December 28, 2015 at 10:30 AM (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. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
December 17, 2015 Filing 185 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 12/17/2015. By Deputy Clerk: E. Garcia. Motion Hearing re: #174 Motion to Compel Discovery Depositions and #175 Motion to Compel Discovery is set for Monday, December 21, 2015 at 9:30 AM (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.(no image attached) (Copies have been distributed pursuant to the NEF - EMG)
December 15, 2015 Opinion or Order Filing 184 ORDER ON STIPULATION Granting e #182 STIPULATION FOR EXTENSION OF TIME (First Request) to File Dispositive Motions. Motions due by 4/24/2016. Proposed Joint Pretrial Order due by 6/5/2016. Signed by Magistrate Judge George Foley, Jr on 12/15/2015. (Copies have been distributed pursuant to the NEF - SLD)
December 15, 2015 Filing 183 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/15/2015 before Magistrate Judge George Foley, Jr. Crtrm Administrator: E. Garcia; Pla Counsel: Danielle Estrada; Def Counsel: Bryan Altman; Court Reporter/FTR #: 2:32p.m. - 3:56p.m.; Courtroom: 3A; The Court makes preliminary remarks and hears representations of counsel as to #174 Motion to Compel Discovery Depositions and #175 Motion to Compel Discovery. The Court takes these matter under submission. A follow-up telephonic hearing will take place regarding the #175 Motion to Compel Discovery.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. (no image attached) (Copies have been distributed pursuant to the NEF - EMG)
December 14, 2015 Filing 182 STIPULATION FOR EXTENSION OF TIME (First Request) to File Dispositive Motions by Plaintiff Federal Trade Commission. (Dickey, Melissa)
December 1, 2015 Opinion or Order Filing 181 ORDER Granting Receiver Robb Evans & Associates LLC's #172 Motion for Payment of Fees and Expenses of the Receiver from 2/1/2015 through 8/31/2015 and Granting Limited Notice Under Local Rule 66-5. Signed by Judge Richard F. Boulware, II on 12/1/2015. (Copies have been distributed pursuant to the NEF - SLD)
November 30, 2015 Filing 180 REPLY to Response to #174 Motion to Compel,, filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Danielle Estrada, #2 Exhibit P to FTC's Motion)(Estrada, Danielle)
November 30, 2015 Filing 179 REPLY to Response to #175 Motion to Compel,, filed by Plaintiff Federal Trade Commission. (Attachments: #1 Second Declaration of Melissa Dickey, #2 Second Declaration of Brick Kane, #3 Exhibit 17, #4 Exhibit 18)(Dickey, Melissa)
November 20, 2015 Filing 178 RESPONSE to #174 Motion to Compel,,, filed by Defendant Jason Miller. Replies due by 11/30/2015. (Altman, Bryan)
November 20, 2015 Filing 177 RESPONSE to #175 Motion to Compel,,, filed by Defendant Jason Miller. Replies due by 11/30/2015. (Altman, Bryan)
November 13, 2015 Filing 176 MINUTE ORDER IN CHAMBERS of the Honorable Magistrate Judge George Foley, Jr, on 11/13/2015. By Deputy Clerk: Robson Hauser. RE: #174 MOTION to Compel Discovery Depositions, #175 MOTION to Compel Discovery Motion Hearing set for 12/15/2015 02:30 PM in LV Courtroom 3A before Magistrate Judge George Foley Jr.(no image attached) (Copies have been distributed pursuant to the NEF - RH)
November 4, 2015 Filing 175 MOTION to Compel Discovery; filed by Plaintiff Federal Trade Commission. Responses due by 11/21/2015. (Attachments: #1 Memorandum of Points and Authorities, #2 Proposed Order, #3 Appendix of Exhibits, #4 Exhibit 1, #5 Exhibit 2, #6 Exhibit 3, #7 Exhibit 4, #8 Exhibit 5, #9 Exhibit 6, #10 Exhibit 7, #11 Exhibit 8, #12 Exhibit 9, #13 Exhibit 10, #14 Exhibit 11, #15 Exhibit 12, #16 Exhibit 13, #17 Exhibit 14, #18 Exhibit 15, #19 Exhibit 16, Declaration of Melissa Dickey, #20 Demonstrative Exhibit 1, #21 Demonstrative Exhibit 2, #22 Demonstrative Exhibit 3)(Dickey, Melissa)
November 4, 2015 Filing 174 MOTION to Compel Discovery Depositions; filed by Plaintiff Federal Trade Commission. Responses due by 11/21/2015. (Attachments: #1 Memorandum of Points and Authorities in Support of Motion, #2 Declaration of Danielle Estrada, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J, #13 Exhibit K, #14 Exhibit L, #15 Exhibit M, #16 Exhibit N, #17 Exhibit O, #18 Proposed Order)(Estrada, Danielle)
October 23, 2015 Filing 173 NOTICE re #172 Motion, filed by Robb Evans & Associates LLC. (Caris, Gary)
October 23, 2015 Filing 172 MOTION for Payment of Fees and Expenses of the Receiver; filed by Receiver Robb Evans & Associates LLC. Responses due by 11/9/2015. (Attachments: #1 Declaration of Gary Owen Caris, #2 Certificate of Service, #3 Exhibit 1, #4 Exhibit 2, #5 Declaration of Brick Kane, #6 Certificate of Service, #7 Exhibit 1, #8 Exhibit 2, #9 Exhibit 3, #10 Proposed Order)(Caris, Gary)
September 14, 2015 Opinion or Order Filing 171 ORDER Granting Defendants' #167 Motion to Withdraw Attorneys Rachel Hirsch, Sarah Koch, Carrie L. Parker, Gregory A Brower, and Craig S Denney as attorneys of record. Signed by Magistrate Judge George Foley, Jr on 9/14/2015. (Copies have been distributed pursuant to the NEF - SLD)
September 10, 2015 Filing 170 RESPONSE to #167 Motion to Withdraw as Attorney,,,,, filed by Plaintiff Federal Trade Commission. Replies due by 9/20/2015. (Estrada, Danielle)
September 4, 2015 Opinion or Order Filing 169 ORDER Granting #166 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Bryan C Altman and approving Attorney Jeffrey S. Rugg as Designation of Local Counsel for Defendants (see Order as to which Defendants). Signed by Judge Richard F. Boulware, II on 9/4/2015. 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 - SLD)
August 28, 2015 Filing 168 ERRATA to #167 Motion to Withdraw as Attorney,,,, ; filed by Defendants 458 Media LLC, Alpha Brands, LLC, BSC Marketing, LLC, Barrel Roll, LLC, Blu Stella, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, DJD Distribution, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, F12 Media LLC, Flex Formulas, LLC, GCB Marketing LLC, Health Formulas, LLC, Health Products Direct LLC, KMS Marketing LLC, Longhorn Marketing, LLC, Luminous Skin LLC, MDCC, LLC, Men's Health Formulas, LLC, Metabolic Labs, LLC, Method Direct, LLC, Method Films, Inc., Danelle Miller, Jason Miller, Miracle Male, LLC, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure Vitamins, LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC. (Hirsch, Rachel)
August 28, 2015 Filing 167 MOTION to Withdraw as Attorney by Rachel Hirsch, Sarah Koch, Greg Brower, and Carrie Parker by Defendants 458 Media LLC, Alpha Brands, LLC, BSC Marketing, LLC, Barrel Roll, LLC, Blu Stella, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, DJD Distribution, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, F12 Media LLC, Flex Formulas, LLC, GCB Marketing LLC, Health Formulas, LLC, Health Products Direct LLC, KMS Marketing LLC, Longhorn Marketing, LLC, Luminous Skin LLC, MDCC, LLC, Men's Health Formulas, LLC, Metabolic Labs, LLC, Method Direct, LLC, Method Films, Inc., Danelle Miller, Jason Miller, Miracle Male, LLC, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure Vitamins, LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC. (Attachments: #1 Proposed Order)(Hirsch, Rachel)
August 12, 2015 Filing 166 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Bryan C. Altman and DESIGNATION of Local Counsel Jeffrey S. Rugg (Filing fee $ 250 receipt number 0978-3775518) filed by Defendants 458 Media LLC, BSC Marketing, LLC, Barrel Roll, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, DJD Distribution, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, GCB Marketing LLC, Health Formulas, LLC, Health Products Direct LLC, KMS Marketing LLC, Longhorn Marketing, LLC, Luminous Skin LLC, MDCC, LLC, Men's Health Formulas, LLC, Method Direct, LLC, Method Films, Inc., Danelle Miller, Jason Miller, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure Vitamins, LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC . (Rugg, Jeffrey)
August 3, 2015 Opinion or Order Filing 165 ORDER Denying without prejudice Defendants Danelle Miller and Jason Miller's #155 Motion for Limited Modification of Preliminary Injunction to Permit Access to Funds for Basic Living Expenses. Signed by Judge Richard F. Boulware, II on 8/3/2015. (Copies have been distributed pursuant to the NEF - SLD)
July 31, 2015 Opinion or Order Filing 164 ORDER ON STIPULATION Granting #163 FIRST STIPULATION FOR EXTENSION OF TIME re Discovery. Discovery due by 1/20/2016. Motions due by 2/24/2016. Proposed Joint Pretrial Order due by 4/6/2016. Signed by Magistrate Judge George Foley, Jr on 7/31/2015. (Copies have been distributed pursuant to the NEF - SLD)
July 30, 2015 Filing 163 FIRST STIPULATION FOR EXTENSION OF TIME re: Discovery; filed by Plaintiff Federal Trade Commission. (Estrada, Danielle)
July 10, 2015 Filing 162 Joint STATUS REPORT by Plaintiff Federal Trade Commission. (Dickey, Melissa)
July 9, 2015 Filing 161 NOTICE of Firm Name Change; filed by Robb Evans & Associates LLC. (Caris, Gary)
July 9, 2015 Filing 160 REPLY to Response to #155 Motion filed by Defendants Danelle Miller, Jason Miller. (Attachments: #1 Declaration)(Hirsch, Rachel)
July 6, 2015 Filing 159 STATUS REPORT filed by Receiver Robb Evans & Associates LLC. (Attachments: #1 Certificate of Service, #2 Status Report as of July 6, 2015)(Caris, Gary)
July 2, 2015 Filing 158 RESPONSE to #155 MOTION for Limited Modification re: Preliminary Injunction, filed by Plaintiff Federal Trade Commission. Replies due by 7/12/2015. (Estrada, Danielle)
July 2, 2015 Filing 157 TRANSCRIPT of Proceedings, 137 Order on Motion, Status Conference, held on 3/23/2015, before Judge Richard F. Boulware, II. Court Reporter: Patricia L. Ganci pattyganci@gmail.com. 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, at 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 7/23/2015. Redacted Transcript Deadline set for 8/2/2015. Release of Transcript Restriction set for 9/30/2015. (PG)
June 15, 2015 Opinion or Order Filing 156 ORDER Granting #139 Motion for Approval and Payment of Fees and Expenses of Receiver and its Professionals from November 1, 2014 Through January 31, 2015 and for Limited Notice Under Local Rule 66-5. Signed by Judge Richard F. Boulware, II on 6/15/15. (Copies have been distributed pursuant to the NEF - MMM)
June 15, 2015 Filing 155 MOTION for Limited Modification re: Preliminary Injunction filed by Defendants Danelle Miller, Jason Miller. Responses due by 7/2/2015. (Attachments: #1 Declaration of Jason Miller)(Hirsch, Rachel)
June 5, 2015 Opinion or Order Filing 154 AGREED PROTECTIVE ORDER Granting #152 Motion for Protective Order filed by Federal Trade Commission. Signed by Magistrate Judge George Foley, Jr on 6/5/15. (Copies have been distributed pursuant to the NEF - TR)
June 5, 2015 Filing 153 STATUS REPORT filed by Receiver Robb Evans & Associates LLC. (Attachments: #1 Certificate of Service, #2 Attachment Status Report, #3 Tab 1 to Status Report)(Caris, Gary)
June 4, 2015 Filing 152 Unopposed MOTION for Protective Order; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Agreed Protective Order)(Dickey, Melissa)
May 26, 2015 Filing 151 REPLY to Response to #143 Motion to Dismiss,,,, filed by Defendants 458 Media LLC, Alpha Brands, LLC, BSC Marketing, LLC, Barrel Roll, LLC, Blu Stella, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, DJD Distribution, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, F12 Media LLC, Flex Formulas, LLC, GCB Marketing LLC, Health Formulas, LLC, Health Products Direct LLC, KMS Marketing LLC, Longhorn Marketing, LLC, Luminous Skin LLC, MDCC, LLC, Men's Health Formulas, LLC, Metabolic Labs, LLC, Method Direct, LLC, Method Films, Inc., Danelle Miller, Jason Miller, Miracle Male, LLC, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure Vitamins, LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC. (Hirsch, Rachel)
May 14, 2015 Filing 150 RESPONSE to #143 Motion to Dismiss filed by Plaintiff Federal Trade Commission. Replies due by 5/24/2015. (Estrada, Danielle)
May 6, 2015 Filing 149 PRELIMINARY INJUNCTION against Defendants Health Formulas, LLC; Pure Vitamins, LLC; Longhorn Marketing, LLC; Method Direct, LLC; Weight Loss Dojo, LLC; VIP Savings, LLC; DJD Distribution, LLC; MDCC, LLC; Jason Miller; and Danelle Miller. Robb Evans & Associates shall continue as Temporary Receiver for the Receivership Defendants. Signed by Judge Richard F. Boulware, II on 5/6/2015. (Copies have been distributed pursuant to the NEF - SLD)
May 5, 2015 Filing 148 STATUS REPORT filed by Receiver Robb Evans & Associates LLC. (Attachments: #1 Certificate of Service, #2 Status Report, #3 Tab 1)(Caris, Gary)
April 29, 2015 Opinion or Order Filing 147 ORDER Granting #146 Motion to Withdraw Attorney Roberto Anguizola as counsel for Plaintiff Federal Trade Commission. Signed by Magistrate Judge George Foley, Jr on 4/29/2015. (Copies have been distributed pursuant to the NEF - SLD)
April 28, 2015 Filing 146 MOTION to Withdraw as Attorney by Roberto Anguizola by Plaintiff Federal Trade Commission. (Anguizola, Roberto)
April 27, 2015 Opinion or Order Filing 145 ORDER Granting #142 Motion to Admit Government Attorney Melissa Dickey to Practice in the District of Nevada for Duration of Attorney's Government Employment. Signed by Magistrate Judge George Foley, Jr on 4/27/2015. (Copies have been distributed pursuant to the NEF - SLD)
April 27, 2015 Filing 144 CERTIFICATE of Interested Parties filed by 458 Media LLC, Alpha Brands, LLC, BSC Marketing, LLC, Barrel Roll, LLC, Blu Stella, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, F12 Media LLC, Flex Formulas, LLC, GCB Marketing LLC, Health Products Direct LLC, KMS Marketing LLC, Luminous Skin LLC, Men's Health Formulas, LLC, Metabolic Labs, LLC, Method Films, Inc., Miracle Male, LLC, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
April 27, 2015 Filing 143 MOTION to Dismiss by Defendants 458 Media LLC, Alpha Brands, LLC, BSC Marketing, LLC, Barrel Roll, LLC, Blu Stella, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, DJD Distribution, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, F12 Media LLC, Flex Formulas, LLC, GCB Marketing LLC, Health Formulas, LLC, Health Products Direct LLC, KMS Marketing LLC, Longhorn Marketing, LLC, Luminous Skin LLC, MDCC, LLC, Men's Health Formulas, LLC, Metabolic Labs, LLC, Method Direct, LLC, Method Films, Inc., Danelle Miller, Jason Miller, Miracle Male, LLC, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure Vitamins, LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC. Responses due by 5/14/2015. (Attachments: #1 Exhibit 1, #2 Proposed Order)(Hirsch, Rachel)
April 20, 2015 Filing 142 MOTION to Admit Government Attorney to Practice in the District of Nevada for Duration of Attorney's Government Employment by Plaintiff Federal Trade Commission. Responses due by 5/7/2015. (Welsh, Blaine)
April 6, 2015 Filing 141 RESPONSE to 137 Order on Motion, filed by Receiver Robb Evans & Associates LLC. (Caris, Gary)
April 1, 2015 Filing 140 NOTICE re #139 MOTION for Approval and Payment of Fees; filed by Robb Evans & Associates LLC. (Caris, Gary)
April 1, 2015 Filing 139 MOTION for Approval and Payment of Fees; filed by Receiver Robb Evans & Associates LLC. Responses due by 4/18/2015. (Attachments: #1 Declaration of Gary Owen Caris, #2 Certificate of Service, #3 Exhibit 1, #4 Exhibit 2, #5 Declaration of Brick Kane, #6 Certificate of Service, #7 Exhibit 1, #8 Exhibit 2, #9 Proposed Order)(Caris, Gary)
March 25, 2015 Opinion or Order Filing 138 ORDER Granting in part and Denying in part #123 Second MOTION for Limited Modification of Asset Freeze. Signed by Judge Richard F. Boulware, II on 3/25/15. (Copies have been distributed pursuant to the NEF - MMM)
March 23, 2015 Filing 137 MINUTES OF PROCEEDINGS - Status Conference held on 3/23/2015 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Danielle Estrada, Esq., Appearing Telephonically: Melissa Dickey, Esq.; Def Counsel: Appearing Telephonically: Rachel Hirsch, Esq., Sarah Koch, Esq., Adam Pines, Esq.; Court Reporter/FTR #: Patty Ganci; Time of Hearing: 1:06 - 1:48 PM; Courtroom: 7C. The Court makes preliminary statements and hears representations of counsel regarding #123 Second Motion for Modification of Asset Freeze. For the reasons stated on the record at this hearing, IT IS ORDERED that the #123 Motion is GRANTED IN PART and DENIED IN PART. IT IS FURTHER ORDERED that the Receiver shall disburse $1,500 per month to Jason and Danelle Miller for living and personal expenses, to be continued on the monthly payment schedule that is currently being followed. The first disbursement made under this order shall occur on April 1, 2014. These disbursements are subject to the same requirements to keep records of all purchases made as described in the Courts previous #77 Order of December 4, 2014.IT IS FURTHER ORDERED that the Millers shall submit the required documentation to the Receiver by the 25th day of each month that this order is in effect. The Receiver shall file a status report with the Court by the 30th of each month, at which time it may issue the next disbursement if the Millers have satisfied and submitted the required documentation.IT IS FURTHER ORDERED that the Receiver shall have the authority to make direct bill payments for the following expenses only: (1) child support on behalf of Jason Miller and (2) monthly premium payments for the Millers' health insurance plan purchased through Anthem Blue Cross. The Receiver shall make these bill payments using the same methods as described in the Court's previous #77 Order of December 4, 2014 and shall do so on a monthly basis when it determines that it has sufficient proof from the Millers that the expenses are due. IT IS FURTHER ORDERED that the disbursements for personal expenses and authorization for the Receiver to make payments for child support and health insurance will be in effect beginning on April 1, 2015 and ending on June 30, 2015. IT IS FURTHER ORDERED that the Court does not authorize the expenditure of any receivership funds as payment for counsel for the corporate defendants at this time. The Receiver shall submit its position with respect to whether or not the Court should authorize such an expenditure by April 6, 2015. The Court will issue a written order along with this order so the Receiver will have a written order for the purposes of carrying out its functions. (Copies have been distributed pursuant to the NEF - BEL)
March 13, 2015 Filing 136 REPLY to Response to #123 Second MOTION Limited Modification of Asset Freeze to Permit Access to Funds for Basic Living Expenses and Attorneys' Fees filed by Defendants 458 Media LLC, Alpha Brands, LLC, BSC Marketing, LLC, Barrel Roll, LLC, Blu Stella, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, DJD Distribution, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, F12 Media LLC, Flex Formulas, LLC, GCB Marketing LLC, Health Formulas, LLC, Health Products Direct LLC, KMS Marketing LLC, Longhorn Marketing, LLC, Luminous Skin LLC, MDCC, LLC, Men's Health Formulas, LLC, Metabolic Labs, LLC, Method Direct, LLC, Method Films, Inc., Danelle Miller, Jason Miller, Miracle Male, LLC, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure Vitamins, LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC. (Attachments: #1 Exhibit 1)(Hirsch, Rachel)
March 9, 2015 Opinion or Order Filing 134 ORDER ON STIPULATION Granting #131 FIRST STIPULATION FOR EXTENSION OF TIME re: #114 AMENDED COMPLAINT. All Defendants answer due 4/27/15. Signed by Magistrate Judge George Foley, Jr on 3/9/15. (Copies have been distributed pursuant to the NEF - TR)
March 9, 2015 Opinion or Order Filing 133 SCHEDULING ORDER Granting #125 Proposed Discovery Plan/Scheduling Order. Discovery due by 12/9/2015. Motions due by 1/29/2016. Proposed Joint Pretrial Order due by 2/26/2016. Signed by Magistrate Judge George Foley, Jr on 3/9/15. (Copies have been distributed pursuant to the NEF - TR)
March 9, 2015 Filing 132 RESPONSE to #123 Second MOTION Limited Modification of Asset Freeze to Permit Access to Funds for Basic Living Expenses and Attorneys' Fees , filed by Plaintiff Federal Trade Commission. Replies due by 3/19/2015. (Estrada, Danielle)
March 6, 2015 Filing 131 FIRST STIPULATION FOR EXTENSION OF TIME re: #114 AMENDED COMPLAINT; filed by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. (Parker, Carrie)
March 5, 2015 Opinion or Order Filing 130 ORDER ON STIPULATION Granting #124 STIPULATION to Authorize Auction Sale of Equipment and Abandonment of Other Personal Property from the Receivership Estate. Signed by Judge Richard F. Boulware, II on 3/5/2015. (Copies have been distributed pursuant to the NEF - SLD)
March 5, 2015 Filing 129 STATUS REPORT Notice of Filing of Status Report as of February 28, 2015 by Temporary Receiver Pursuant to Order re: Defendants' Motion for Limited Modification of Asset Freeze by Receiver Robb Evans & Associates LLC. (Attachments: #1 Certificate of Service, #2 Status Report as of February 28, 2015, #3 Tab 1 to Status Report)(Caris, Gary)
March 4, 2015 Filing 127 TRANSCRIPT of Proceedings, 121 Order on Motion, Status Conference, Set/Reset Motion and R&R Deadlines/Hearings, held on 2/18/2015, before Judge Richard F. Boulware, II. Court Reporter: Patricia L. Ganci (702)385-0670. 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 &a href=http://www.nvd.uscourts.gov target=_blank&www.nvd.uscourts.gov&/a& before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter or PACER Redaction Request due 3/25/2015. Redacted Transcript Deadline set for 4/4/2015. Release of Transcript Restriction set for 6/2/2015. (PG)
March 3, 2015 Filing 126 WAIVER OF SERVICE Returned Executed by Federal Trade Commission. 458 Media LLC waiver sent on 2/24/2015, answer due 4/25/2015; Alpha Brands, LLC waiver sent on 2/24/2015, answer due 4/25/2015; BSC Marketing, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Barrel Roll, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Blu Stella, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Brilliant Skin LLC waiver sent on 2/24/2015, answer due 4/25/2015; CSA Ventures, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Cherry Hill Marketing, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Diet Concepts, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Discount Provisions L.L.C. waiver sent on 2/24/2015, answer due 4/25/2015; Extamax, LLC waiver sent on 2/24/2015, answer due 4/25/2015; F12 Media LLC waiver sent on 2/24/2015, answer due 4/25/2015; Flex Formulas, LLC waiver sent on 2/24/2015, answer due 4/25/2015; GCB Marketing LLC waiver sent on 2/24/2015, answer due 4/25/2015; Health Products Direct LLC waiver sent on 2/24/2015, answer due 4/25/2015; KMS Marketing LLC waiver sent on 2/24/2015, answer due 4/25/2015; Luminous Skin LLC waiver sent on 2/24/2015, answer due 4/25/2015; Men's Health Formulas, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Metabolic Labs, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Method Films, Inc. waiver sent on 2/24/2015, answer due 4/25/2015; Miracle Male, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Moringa Marketing LLC waiver sent on 2/24/2015, answer due 4/25/2015; Natural Products Direct LLC waiver sent on 2/24/2015, answer due 4/25/2015; Northbound Marketing LLC waiver sent on 2/24/2015, answer due 4/25/2015; Northern Health Products LLC waiver sent on 2/24/2015, answer due 4/25/2015; Pure and Natural Health Products LLC waiver sent on 2/24/2015, answer due 4/25/2015; Pure and Simple Health Products LLC waiver sent on 2/24/2015, answer due 4/25/2015; Radiant Skin LLC waiver sent on 2/24/2015, answer due 4/25/2015; Shimmering Skin LLC waiver sent on 2/24/2015, answer due 4/25/2015; Skinny 7 LLC waiver sent on 2/24/2015, answer due 4/25/2015; Tindy Films LLC waiver sent on 2/24/2015, answer due 4/25/2015; Wellness Labs, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Wellness Products, LLC waiver sent on 2/24/2015, answer due 4/25/2015; Yacon Marketing LLC waiver sent on 2/24/2015, answer due 4/25/2015. (Estrada, Danielle)
March 2, 2015 Filing 125 PROPOSED Discovery Plan/Scheduling Order filed by Plaintiff Federal Trade Commission to which all parties have stipulated. (Estrada, Danielle)
February 25, 2015 Filing 124 STIPULATION to Authorize Auction Sale; filed by Receiver Robb Evans & Associates LLC. (Attachments: #1 Exhibit 1)(Caris, Gary)
February 23, 2015 Filing 123 Second MOTION Limited Modification of Asset Freeze to Permit Access to Funds for Basic Living Expenses and Attorneys' Fees by Defendants 458 Media LLC, Alpha Brands, LLC, BSC Marketing, LLC, Barrel Roll, LLC, Blu Stella, LLC, Brilliant Skin LLC, CSA Ventures, LLC, Cherry Hill Marketing, LLC, DJD Distribution, LLC, Diet Concepts, LLC, Discount Provisions L.L.C., Extamax, LLC, F12 Media LLC, Flex Formulas, LLC, GCB Marketing LLC, Health Formulas, LLC, Health Products Direct LLC, KMS Marketing LLC, Longhorn Marketing, LLC, Luminous Skin LLC, MDCC, LLC, Men's Health Formulas, LLC, Metabolic Labs, LLC, Method Direct, LLC, Method Films, Inc., Danelle Miller, Jason Miller, Miracle Male, LLC, Moringa Marketing LLC, Natural Products Direct LLC, Northbound Marketing LLC, Northern Health Products LLC, Pure Vitamins, LLC, Pure and Natural Health Products LLC, Pure and Simple Health Products LLC, Radiant Skin LLC, Shimmering Skin LLC, Skinny 7 LLC, Tindy Films LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Wellness Labs, LLC, Wellness Products, LLC, Yacon Marketing LLC. Responses due by 3/12/2015. (Attachments: #1 Exhibit, #2 Exhibit, #3 Proposed Order)(Hirsch, Rachel)
February 23, 2015 Filing 122 ANSWER to #114 Amended Complaint, filed by Brandon Chapnick, Chapnick, Smuckler & Chapnick, INC, Keith Smuckler.(Pines, Adam)
February 18, 2015 Filing 121 MINUTES OF PROCEEDINGS - Status Conference held on 2/18/2015 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Danielle Estrada, Esq., Roberto Anguizola, Esq.; Def Counsel: Rachel Hirsch, Esq., Sarah Koch, Esq.: Adam Pines, Esq.; Court Reporter/FTR #: Patty Ganci; Time of Hearing: 3:22- 4:42 PM; 4:52 - 5:17 PM; Courtroom: 7C.Individual Defendants Jason and Danelle Miller are present; Brick Kane, President of Robb Evans & Associates LLC is present. The Court makes preliminary statements and hears representations of counsel regarding the proposed plan to restart business operations and whether to permit continued disbursement of funds. For the reasons stated on the record and at the status conference in this case, IT IS ORDERED that #75 MOTION for Approval and Payment of Fees and Expenses of the Temporary Receiver is GRANTED. IT IS FURTHER ORDERED that Defendants' request to restart business operations for Wellness Labs, LLC, made in #78 Supplemental Memorandum, is DENIED. The Court will not consider any further motions to restart business operations for Wellness Labs until after the Court makes findings with respect to the allegations against Wellness Labs in #114 Amended Complaint.IT IS FURTHER ORDERED that Defendants' oral motion to extend the Court's Order #77 re: #21 Motion for Limited Modification of Asset Freeze is GRANTED in part and DENIED in part. The #77 Order is extended for one month with respect to the disbursement of $1,500.00 for the Miller Defendants' personal expenses. As indicated by the #77 Order, the remaining disbursements, including those to counsel for Defendants, shall expire on February 28, 2015. Defendants shall file any motion to reconsider or modify the Court's ruling with respect to the asset freeze, or any motion for a new modification of the asset freeze, by Monday, February 23, 2015. The Plaintiff's Response is due by March 9, 2015. The Defendants' Reply is due by March 13, 2015. IT IS FURTHER ORDERED that a status hearing regarding modifications to the asset freeze is set for March 23, 2015 at 1:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that counsel may appear at this hearing telephonically. Counsel is instructed to call telephone number: (702) 868-4925, 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. IT IS FURTHER ORDERED that the deadline to submit the Joint Discovery Plan / Scheduling Order is RESET to March 2, 2015. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
February 18, 2015 Filing 120 TRANSCRIPT of Proceedings, 80 Motion Hearing, held on 12/1/2014, before Judge Richard F. Boulware, II. Court Reporter: Patricia L. Ganci (702)385-0670. 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 the Court Reporter or PACER Redaction Request due 3/11/2015. Redacted Transcript Deadline set for 3/21/2015. Release of Transcript Restriction set for 5/19/2015. (PG)
February 17, 2015 Filing 119 RESPONSE to #111 Status Report, #117 Response - Other, ; filed by Defendants Danelle Miller, Jason Miller. (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, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12, #13 Exhibit Exhibit 13, #14 Exhibit Exhibit 14)(Hirsch, Rachel)
February 13, 2015 Filing 117 RESPONSE to #111 Status Report; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit A)(Estrada, Danielle)
February 9, 2015 Filing 116 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 2/9/2015. IT IS HEREBY ORDERED that #115 Stipulation to Authorize Sale of Ferrari 458 Spider Vehicle is GRANTED. IT IS FURTHER ORDERED that the Receiver shall pay any deficiency balance under the Loan and the Ferrari Loan Documents, as those terms are defined in #115 Stipulation, using funds held in the Miller Defendants' personal accounts at Comerica Bank. IT IS FURTHER ORDERED that within ten (10) days of the completion of the sale, the Miller Defendants shall disclose the full name(s) of the purchaser of the Ferrari to the FTC and the Receiver. IT IS FURTHER ORDERED that #106 Motion for Relief is DENIED as moot. (Copies have been distributed pursuant to the NEF - CVL)
February 9, 2015 Filing 115 STIPULATION to Authorize Sale of Ferrari 458 Spider Vehicle; filed by Plaintiff Federal Trade Commission. (Estrada, Danielle)
February 5, 2015 Filing 114 AMENDED COMPLAINT against All Defendants, filed by Federal Trade Commission. Adds new parties. Proof of service due by 6/5/2015. (Attachments: #1 Certificate of Service, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B, #4 Exhibit Exhibit C, #5 Exhibit Exhibit D, #6 Exhibit Exhibit E, #7 Exhibit Exhibit F, #8 Exhibit Exhibit G, #9 Exhibit Exhibit H, #10 Exhibit Exhibit I) (Estrada, Danielle)
February 4, 2015 Filing 113 STATUS REPORT filed by Receiver Robb Evans & Associates LLC. (Attachments: #1 Certificate of Service, #2 Status Report, #3 Tab 1)(Caris, Gary)
February 3, 2015 Filing 112 REPLY to Response to #106 MOTION for Relief Compelling the Consent of the FTC and Receiver to Sale of Vehicle, and Release of Shortage Funds filed by Defendants Danelle Miller, Jason Miller. (Hirsch, Rachel)
January 30, 2015 Filing 111 STATUS REPORT filed by Receiver Robb Evans & Associates LLC. (Attachments: #1 Exhibit 1)(Caris, Gary)
January 30, 2015 Filing 110 RESPONSE to #106 MOTION for Relief Compelling the Consent of the FTC and Receiver to Sale of Vehicle, and Release of Shortage Funds, filed by Receiver Robb Evans & Associates LLC. Replies due by 2/9/2015. (Caris, Gary)
January 29, 2015 Filing 109 RESPONSE to #106 MOTION for Relief Compelling; filed by Plaintiff Federal Trade Commission. Replies due by 2/8/2015. (Estrada, Danielle)
January 28, 2015 Opinion or Order Filing 108 ORDER Granting #107 Motion to Extend Time re #106 MOTION for Relief Compelling the Consent of the FTC and Receiver to Sale of Vehicle, and Release of Shortage Funds. Responses due by 1/30/2015. Replies due by 2/3/2015. Signed by Judge Richard F. Boulware, II on 1/28/2015. (Copies have been distributed pursuant to the NEF - SLD)
January 27, 2015 Filing 107 MOTION to Shorten Time re #106 MOTION for Relief; filed by Defendants Danelle Miller, Jason Miller. (Attachments: #1 Proposed Order)(Hirsch, Rachel)
January 27, 2015 Filing 106 MOTION for Relief Compelling the Consent of the FTC and Receiver to Sale of Vehicle, and Release of Shortage Funds by Defendants Danelle Miller, Jason Miller. Responses due by 2/13/2015. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order)(Hirsch, Rachel)
January 21, 2015 Opinion or Order Filing 105 ORDER ON STIPULATION Granting #102 STIPULATION to Authorize Sale of Mercedes-Benz Sprinter Vehicle by Donald Kositchek or Alternatively, Abandonment of Vehicle from the Receivership Estate. Signed by Judge Richard F. Boulware, II on 1/21/2015. (Copies have been distributed pursuant to the NEF - SLD)
January 21, 2015 Filing 104 TRANSCRIPT of Proceedings, 87 Motion Hearing, held on 12/15/2014, before Judge Richard F. Boulware, II. Court Reporter: Patricia L. Ganci (702)385-0670. 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 the Court Reporter or PACER Redaction Request due 2/11/2015. Redacted Transcript Deadline set for 2/21/2015. Release of Transcript Restriction set for 4/21/2015. (PG)
January 20, 2015 Opinion or Order Filing 103 ORDER Granting #82 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Sarah Koch and approving Attorney Craig Denney as Designation of Local Counsel for Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, and Weight Loss Dojo, LLC. Signed by Judge Richard F. Boulware, II on 1/20/2015. 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 - SLD)
January 16, 2015 Filing 102 STIPULATION to Authorize Sale; filed by Receiver Robb Evans & Associates LLC. (Caris, Gary)
January 12, 2015 Filing 101 CERTIFICATE of Interested Parties filed by Brandon Chapnick, Chapnick, Smuckler & Chapnick, INC, Keith Smuckler that identifies all parties that have an interest in the outcome of this case. Other Affiliate Clark & Addison, Inc., Other Affiliate JMD Financial, Inc., Other Affiliate Mamanon, LLC for Brandon Chapnick, Chapnick, Smuckler & Chapnick, INC, Keith Smuckler added. . (Pines, Adam)
January 8, 2015 Filing 100 CERTIFICATE of Interested Parties filed by Weight Loss Dojo, LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
January 8, 2015 Filing 99 CERTIFICATE of Interested Parties filed by VIP Savings, LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
January 8, 2015 Filing 98 CERTIFICATE of Interested Parties filed by Pure Vitamins, LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
January 8, 2015 Filing 97 CERTIFICATE of Interested Parties filed by Method Direct, LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
January 8, 2015 Filing 96 CERTIFICATE of Interested Parties filed by MDCC, LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
January 8, 2015 Filing 95 CERTIFICATE of Interested Parties filed by Longhorn Marketing, LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
January 8, 2015 Filing 94 CERTIFICATE of Interested Parties filed by Health Formulas, LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
January 8, 2015 Filing 93 CERTIFICATE of Interested Parties filed by DJD Distribution, LLC. There are no known interested parties other than those participating in the case . (Hirsch, Rachel)
January 8, 2015 Filing 92 ANSWER to #1 Complaint, filed by DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC.(Hirsch, Rachel)
January 5, 2015 Opinion or Order Filing 91 ORDER ON STIPULATION Granting #88 THIRD STIPULATION for Extension of Time re #1 COMPLAINT. Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, and Weight Loss Dojo, LLC answer due 1/8/2015. Signed by Judge Richard F. Boulware, II on 1/5/2015. (Copies have been distributed pursuant to the NEF - SLD)
January 5, 2015 Filing 90 ANSWER to #1 Complaint, filed by Brandon Chapnick, Chapnick, Smuckler & Chapnick, INC, Keith Smuckler. Certificate of Interested Parties due by 1/15/2015. Discovery Plan/Scheduling Order due by 2/19/2015.(Pines, Adam)
January 5, 2015 Filing 89 STATUS REPORT filed by Receiver Robb Evans & Associates LLC. (Attachments: #1 Certificate of Service, #2 Attachment Status Report, #3 Tab 1 to Attachment, #4 Tab 2 to Attachment)(Caris, Gary)
January 5, 2015 Filing 88 THIRD STIPULATION FOR EXTENSION OF TIME re: #1 COMPLAINT;p filed by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC, Plaintiff Federal Trade Commission. (Hirsch, Rachel)
December 18, 2014 Filing 86 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II on 12/18/2014. The parties have had sufficient opportunity to contest the merits of the claims made by Plaintiff in this case for purposes of whether a preliminary injunction should issue through supplemental briefs and through hearings held on November 17, 2014 and December 15, 2014. Accordingly, IT IS HEREBY ORDERED that #85 MOTION for Leave to File Supplemental Memorandum is DENIED. (Copies have been distributed pursuant to the NEF - CVL)
December 17, 2014 Filing 85 MOTION for Leave to File Supplemental Memorandum in Support of Defendants' Opposition to Plaintiff FTC's Ex Parte Motion for a TRO with Asset Freeze, Appointment of a Receiver, and Other Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should not Issue by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. Motion ripe 12/17/2014. (Attachments: #1 Proposed Order)(Parker, Carrie)
December 15, 2014 Filing 87 MINUTES OF PROCEEDINGS - Evidentiary/Motion Hearing held on 12/15/2014 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Danielle Estrada, Esq., Roberto Anguizola, Esq.; Appearing Telephonically: Shameka Walker, Esq.; Def Counsel: Stan Hunterton Esq., Adam Pines, Esq., Gregory Brower, Esq.;Counsel for the Temporary Receiver: Gary Caris, Esq.; Court Reporter/FTR #: Patty Ganci; Time of Hearing: 2:02 - 3:52 PM; Courtroom: 7C. Individual Defendants Jason and Danelle Miller are present; Kenton Johnson, Executive Vice President of Robb Evans and Associates I, LLC is present; Jovi Bohan, CPA and witness Victor Lipnitsk are present. The Court makes preliminary statements and canvasses the parties regarding potential witness testimony. The Court will issue a written order issuing a preliminary injunction. For the reasons stated at the evidentiary hearing, IT IS HEREBY ORDERED that the Temporary Receiver shall submit its report by January 30, 2015 analyzing whether any of the Miller-related businesses identified by the Receiver or by Defendants can be operated legally and profitably, and the FTC and the Defendants shall submit any objections to the Temporary Receiver's report by February 13, 2015. IT IS FURTHER ORDERED that the FTC shall have until 2/6/2015 to amend its complaint to include any of the unnamed corporate entities identified in the Temporary Receiver's Report #56 . IT IS FURTHER ORDERED that the hearing and oral argument currently set for March 2, 2015 is ADVANCED to February 18, 2015 at 3:00 PM in LV Courtroom 7C before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that Adam Pines, Esq., may appear at this hearing telephonically. Mr. Pines is instructed to call telephone number: (702) 868-4925, 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. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Modified text on 12/24/2014 (BEL).
December 15, 2014 Filing 84 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 12/15/2014. IT IS HEREBY ORDERED that, the Court having heard the arguments of the parties and no objections having been made, the #12 Temporary Restraining Order entered on 10/9/2014, including the asset freeze (as modified by this Court's #77 Order of December 4, 2014) and appointment of a Temporary Receiver, shall be extended until the Court's issuance of a written preliminary injunction order in this case. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
December 11, 2014 Filing 83 SUPPLEMENT to #59 Reply to Response to 5 Motion,,,,,,, ; Reply to Miller Defendants' Supplemental Memorandum by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration of Carol Jones, #2 Declaration of Elizabeth Miles (Part 1), #3 Declaration of Elizabeth Miles (Part 2), #4 Declaration of Elizabeth Miles (Part 3), #5 Declaration of Reeve Tyndall, #6 Exhibit 36, #7 Exhibit 37)(Walker, Shameka) Linked to motion. (ASB)
December 11, 2014 Filing 82 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Sarah Koch and DESIGNATION of Local Counsel Craig S. Denney (Filing fee $ 200 receipt number 0978-3487421) by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. Motion ripe 12/11/2014. (Denney, Craig)
December 10, 2014 Opinion or Order Filing 81 ORDER Granting #79 Motion to Admit Government Attorney Roberto Anguizola to Practice in the District of Nevada for Duration of Attorney's Government Employment. Signed by Magistrate Judge George Foley, Jr on 12/10/2014. (Copies have been distributed pursuant to the NEF - SLD)
December 9, 2014 Filing 79 MOTION to Admit Government Attorney to Practice in the District of Nevada for Duration of Attorney's Government Employment by Plaintiff Federal Trade Commission. Responses due by 12/26/2014. (Welsh, Blaine)
December 5, 2014 Filing 78 SUPPLEMENT to #54 Response - Other, ; Defendants' Supplemental Memorandum in Opposition to Plaintiff FTC's Ex Parte Motion for a TRO with Asset Freeze, Appointment of a Receiver, and Other Equitable Relief and Response to Order to Show Cause Why a Preliminary Injunction Should not Issue by Defendants Danelle Miller, Jason Miller. (Attachments: #1 Exhibit 1)(Parker, Carrie)
December 4, 2014 Opinion or Order Filing 77 ORDER Granting in Part and Denying in Part Defendants' #21 Motion for Limited Modification of the Asset Freeze. Signed by Judge Richard F. Boulware, II on 12/4/2014. (Copies have been distributed pursuant to the NEF - SLD)
December 4, 2014 Filing 76 NOTICE of Filing of Motion for Approval and Payment of Fees and Expenses of the Temporary Receiver and its Professionals for the Period from the Inception of the Receivership Through October 31, 2014 by Robb Evans & Associates LLC re #75 MOTION Approval and Payment of Fees and Expenses of the Temporary Receiver and its Professionals for the Period from Inception of Receivership Through October 31, 2014 . (Caris, Gary)
December 4, 2014 Filing 75 MOTION Approval and Payment of Fees and Expenses of the Temporary Receiver and its Professionals for the Period from Inception of Receivership Through October 31, 2014 by Receiver Robb Evans & Associates LLC. Responses due by 12/21/2014. (Attachments: #1 Declaration of Gary Caris in Support of Motion for Payment of Temporary Receiver, #2 Exhibit 1 to Declaration of Caris, #3 Exhibit 2 to Declaration of Caris, #4 Declaration of Brick Kane in Support of Motion for Payment of Temporary Receiver, #5 Exhibit 1 to Declaration of Kane, #6 Exhibit 2 to Declaration of Kane, #7 Proposed Order re Motion for Payment of Temporary Receiver)(Caris, Gary)
December 1, 2014 Filing 80 MINUTES OF PROCEEDINGS - Motion Hearing held on 12/1/2014 before the Honorable Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Danielle Estrada, Esq., Appearing Telephonically: Shameka Walker, Esq.; Def Counsel: Gregory Brower, Esq., C. Stan Hunterton, Esq., Appearing Telephonically: Rachel Hirsch, Esq., Adam Pines, Esq.,; Court Reporter/FTR #: Patty Ganci; Time of Hearing: 10:31 -11:33 AM; Courtroom: 7C. The Court makes preliminary statements and hears representations of counsel regarding the #21 MOTION for Limited Modification of Asset Freeze to Permit Access for Funds for Basic Living Expenses and Attorney Fees and Request for Expedited Hearing. For the reasons stated at the hearing, the Court takes the matter under submission. The Court shall issue a written order. IT IS HEREBY ORDERED that a Status Conference is set for 3/2/2015 at 1:30 PM in LV Courtroom 7C before Judge Richard F. Boulware II. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
December 1, 2014 Opinion or Order Filing 74 ORDER ON STIPULATION Granting #73 STIPULATION to Extend Time to File Supplemental Briefing (First Request). Supplemental Brief due by 12/5/2014. Responses due by 12/11/2014. Signed by Judge Richard F. Boulware, II on 12/1/2014. (Copies have been distributed pursuant to the NEF - SLD)
November 26, 2014 Filing 73 STIPULATION FOR EXTENSION OF TIME (First Request) re 66 Motion Hearing,,,,,,,,,,,,,, ; by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. (Hirsch, Rachel)
November 25, 2014 Filing 72 TRANSCRIPT of Proceedings, 66 Motion Hearing, held on 11/17/2014, before Judge Richard F. Boulware, II. Court Reporter: Patricia L. Ganci (702)385-0670. 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 the Court Reporter or PACER Redaction Request due 12/16/2014. Redacted Transcript Deadline set for 12/26/2014. Release of Transcript Restriction set for 2/23/2015. (PG)
November 25, 2014 Filing 71 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 11/25/2014. IT IS HEREBY ORDERED that out of state Counsel for the Plaintiffs and Defendants may appear telephonically at the hearing regarding the #21 MOTION for Limited Modification of Asset Freeze to Permit Access to Funds for Basic Living Expenses and Attorneys Fees, currently set for 12/01/2014 at 10:30 AM in Courtroom 7C before Judge Richard F. Boulware, II. Local counsel must appear in person.IT IS FURTHER ORDERED that out of State Counsel for the Plaintiffs and Defendants appearing telephonically are instructed to call telephone number: (702) 868-4925, 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. (no image attached) (Copies have been distributed pursuant to the NEF - BEL)
November 25, 2014 Filing 70 RESPONSE to filed by Plaintiff Federal Trade Commission. PLAINTIFF FEDERAL TRADE COMMISSIONS RESPONSE TO MILLER DEFENDANTS SUPPLEMENTAL MEMORANDUM IN SUPPORT OF THEIR MOTION FOR LIMITED MODIFICATION OF ASSET FREEZE TO PERMIT ACCESS TO FUNDS FOR BASIC LIVING EXPENSES AND ATTORNEYS FEES Replies due by 12/5/2014. (Walker, Shameka)
November 24, 2014 Opinion or Order Filing 69 ORDER Granting Plaintiff's #58 Motion for Leave to File Reply in Support of its Motion for Preliminary Injunction in Excess of Twenty-Page Limit. Signed by Judge Richard F. Boulware, II on 11/24/2014. (Copies have been distributed pursuant to the NEF - SLD)
November 24, 2014 Opinion or Order Filing 68 ORDER Granting Defendants' #53 Motion for Leave to File Excess Pages. Signed by Judge Richard F. Boulware, II on 11/24/2014. (Copies have been distributed pursuant to the NEF - SLD)
November 20, 2014 Filing 64 SUPPLEMENT to #21 MOTION Limited Modification of Asset Freeze to Permit Access to Funds for Basic Living Expenses and Attorneys Fees and Request for Expedited Hearing ; by Defendants Danelle Miller, Jason Miller. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Parker, Carrie)
November 18, 2014 Opinion or Order Filing 63 ORDER that the #12 Temporary Restraining Order entered on 10/9/2014 shall be extended through the date of the Preliminary Injunction hearing on 12/15/2014 as to Danelle Miller, Jason Miller, and the Corporate Defendants, except for Chapnick, Smukler & Chapnick, Inc. As to defendants Chapnick, Smukler & Chapnick, Inc., Brandon Chapnick and Keith Smukler, the Temporary Restraing Order has been superseded by the #61 Stipulated Preliminary Injunction. Signed by Judge Richard F. Boulware, II on 11/18/2014. (Copies have been distributed pursuant to the NEF - SLD)
November 18, 2014 Filing 62 Submission of PROPOSED ORDER filed by Plaintiff Federal Trade Commission Order Extending Temporary Restraining Order Through December 15, 2014. (Walker, Shameka)
November 17, 2014 Filing 66 MINUTES OF PROCEEDINGS - Motion Hearing held on 11/17/2014 before the Honorable Judge Richard F. Boulware, II. Crtrm Administrator: Blanca Lenzi; Pla Counsel: Shameka Walker, Esq., Danielle Estrada, Esq.; Def Counsel: Stan Hunterton Esq., Adam Pine, Esq., Carrie Parker Esq., Gregory Brower, Esq.;Counsel for the Temporary Receiver: Robb Evans, Esq., Gary Caris, Esq., Shalomo Sherman, Esq., Court Reporter/FTR #: Patty Ganci; Time of Hearing: 11:40 AM - 3:38 PM; Courtroom: 7C.Jason and Danelle Miller, Defendants present in court. The Court makes preliminary statements and canvasses the parties regarding Defendant's #21 Motion for Limited Modification of Asset Freeze and Request for Expedited Hearing and the Court's #12 Order to Show Cause. The Court explains the reasons why it is likely to impose a preliminary injunction in this case. IT IS HEREBY ORDERED that Plaintiff's Counsel shall submit a Proposed Order extending the Temporary Restraining Order of October 9, 2014 for three weeks for the reasons stated by the Court at the hearing. IT IS FURTHER ORDERED that Defendants Jason and Danelle Miller may file a Supplement to the Motion for Limited Modification of Asset Freeze relating to the Millers' assets by 11/20/2014, with Plaintiff's Reply due by 11/26/2014. IT IS FURTHER ORDERED that a hearing regarding the motion for modification of the asset freeze is set for 12/01/2014 at 10:30 AM, in Courtroom 7C before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that Plaintiff's Counsel Shameka L. Walker may appear at this hearing telephonically. Ms. Walker is instructed to call telephone number: (702) 868-4925, 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. IT IS FURTHER ORDERED that Defendants shall submit a supplemental brief regarding the issues outlined by the Court pertaining to the scope of a potential preliminary injunction by 12/03/14. The Plaintiff shall respond by 12/09/14. Counsel for Defendants is directed to redact identifying information with respect to financial documents. However, Defendants' counsel must file an unredacted version with the Court UNDER SEAL for the Court to have in the record, and must provide the same to the Plaintiff. IT IS FURTHER ORDERED that an evidentiary hearing regarding whether a preliminary injunction should issue is set for 12/15/2014 at 2:00 PM in Courtroom 7C before Judge Richard F. Boulware, II. IT IS FURTHER ORDERED that Defendants' counsel is directed to provide to the Plaintiff a list of any witnesses and witness testimony it intends to present at the hearing by 12/10/2014. IT IS FURTHER ORDERED that the Court will DEFER ruling on the issuance of the preliminary injunction until after the hearing on 12/15/14. IT IS FURTHER ORDERED that the deadline for all Defendants to respond to the Complaint is extended to 1/05/2015. IT IS FURTHER ORDERED that the Temporary Receiver shall remain as the Temporary Receiver, with all due powers as granted by this Court's Temporary Restraining Order of October 9, 2014, until such time as the Court deems that the services of the Temporary Receiver are no longer necessary. (no image attached) (Copies have been distributed pursuant to the NEF - BEL) Modified on 11/21/2014 (BEL).
November 17, 2014 Opinion or Order Filing 61 ORDER ON STIPULATION Granting #52 STIPULATION for Preliminary Injunction as to Defendants Chapnick, Smukler & Chapnick, Inc., Brandon Chapnick, and Keith Smukler. Signed by Judge Richard F. Boulware, II on 11/17/2014. (Copies have been distributed pursuant to the NEF - SLD)
November 17, 2014 Opinion or Order Filing 60 ORDER Granting #55 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Rachel Hirsch and approving Attorney Craig S. Denney as Designation of Local Counsel for Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, and Weight Loss Dojo, LLC. Signed by Judge Richard F. Boulware, II on 11/17/2014. 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 - SLD)
November 13, 2014 Filing 59 REPLY to Response to 5 EX PARTE MOTION filed by Plaintiff Federal Trade Commission. Plaintiff's Reply in Support of its Motion for a Preliminary Injunction (Attachments: #1 Declaration of John Aiken, #2 Exhibit A-B (Aiken), #3 Exhibit C (Aiken), #4 Exhibit D-E (Aiken), #5 Exhibit F Part 1(Aiken), #6 Exhibit F Part 2 (Aiken), #7 Exhibit F Part 3 (Aiken), #8 Exhibit F Part 4 (Aiken), #9 Exhibit F Part 5 (Aiken), #10 Exhibit F Part 6 (Aiken), #11 Exhibit G Part 1 (Aiken), #12 Exhibit G Part 2 (Aiken), #13 Exhibit G Part 3 (Aiken), #14 Exhibit G Part 4 (Aiken), #15 Exhibit H (Aiken), #16 Exhibit I (Aiken), #17 Exhibit J (Aiken), #18 Exhibit K (Aiken), #19 Exhibit L (Aiken), #20 Exhibit M (Aiken), #21 Exhibit N (Aiken), #22 Exhibit O (Aiken), #23 Exhibit P (Aiken), #24 Exhibit Q Part 1 (Aiken), #25 Exhibit Q Part 2 (Aiken), #26 Exhibit Q Part 3 (Aiken), #27 Exhibit Q Part 4 (Aiken), #28 Exhibit R (Aiken), #29 Exhibit S (Aiken), #30 Declaration of Reeve Tyndall, #31 Exhibit A-C (Tyndall), #32 Exhibit D (Tyndall), #33 Exhibit E-F (Tyndall), #34 Exhibit G-J (Tyndall), #35 Exhibit K-P (Tyndall), #36 Exhibit Q-U (Tyndall), #37 Exhibit V (Tyndall), #38 Exhibit W-AA (Tyndall), #39 Exhibit AB (Tyndall), #40 Exhibit AC-AE (Tyndall), #41 Exhibit AF (Tyndall), #42 Exhibit AG-AM (Tyndall), #43 Exhibit AN-AO (Tyndall), #44 Declaration of Andrew Chen, #45 Declaration of Carol Jones, #46 Proposed Order Preliminary Injunction as to Miller Defendants, #47 Exhibit Attachment A to Proposed Order, #48 Exhibit Attachment B to Proposed Order, #49 Exhibit Attacment C to Proposed Order, #50 Exhibit Attachment D to Proposed Order, #51 Exhibit Attachment E to Proposed Order)(Walker, Shameka)
November 13, 2014 Filing 58 MOTION for Leave to File Excess Pages for Plaintiff's Reply in Support of Motion for a Preliminary Injunction by Plaintiff Federal Trade Commission. Motion ripe 11/13/2014. (Attachments: #1 Proposed Order)(Walker, Shameka)
November 12, 2014 Filing 57 MINUTE ORDER IN CHAMBERS of the Honorable Judge Richard F. Boulware, II, on 11/12/2014. IT IS HEREBY ORDERED that #21 MOTION for Limited Modification of Asset Freeze and Request for Expedited Hearing will also be addressed at the hearing and oral argument set for 11/17/2014 at 1:30 PM in LV Courtroom 7C before Judge Richard F. Boulware II.(no image attached) (Copies have been distributed pursuant to the NEF - BEL)
November 12, 2014 Filing 56 STATUS REPORT filed by Receiver Robb Evans & Associates LLC. (Attachments: #1 Report of Temporary Receiver's Activities, #2 Tabs 1-5 to Temporary Receiver's Report, #3 Tabs 6-10 to Temporary Receiver's Report)(Caris, Gary)
November 5, 2014 Filing 55 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Rachel Hirsch and DESIGNATION of Local Counsel Craig Denney (Filing fee $ 200 receipt number 0978-3447420) by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. Motion ripe 11/5/2014. (Denney, Craig)
November 4, 2014 Filing 54 RESPONSE to #12 Order to Show Cause, filed by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. (Attachments: #1 Exhibit 1)(Parker, Carrie)
November 4, 2014 Filing 53 MOTION for Leave to File Excess Pages filed by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. Motion ripe 11/4/2014. (Parker, Carrie)
November 4, 2014 Filing 52 STIPULATION for Preliminary Injunction filed by Plaintiff Federal Trade Commission. (Attachments: #1 Order Attachment A, #2 Order Attachment B, #3 Order Attachment C, #4 Order Attachment D, #5 Order Attachment E)(Walker, Shameka)
November 4, 2014 Opinion or Order Filing 51 ORDER ON STIPULATION Granting #50 STIPULATION for Extension of Time (First Request) re #1 Complaint. Defendants answer or response due by 12/4/2014. Signed by Magistrate Judge George Foley, Jr on 11/4/2014. (Copies have been distributed pursuant to the NEF - SLD)
November 3, 2014 Filing 50 FIRST STIPULATION FOR EXTENSION OF TIME re #1 Complaint, filed by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. (Brower, Gregory)
October 31, 2014 Filing 49 REPLY to Response to #21 MOTION Limited Modification of Asset Freeze to Permit Access to Funds for Basic Living Expenses and Attorneys Fees and Request for Expedited Hearing filed by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. (Parker, Carrie)
October 31, 2014 Filing 48 MINUTE ORDER IN CHAMBERS of the Honorable Richard F. Boulware, II, on 10/31/2014. IT IS HEREBY ORDERED that the hearing and oral argument regarding the Preliminary Injunction is RESET to 11/17/2014 at 1:30 PM in LV Courtroom 7C before Judge Richard F. Boulware II.(no image attached)
October 31, 2014 Filing 47 MINUTE ORDER IN CHAMBERS of the Honorable Chief Judge Gloria M. Navarro, on 10/31/2014. By Deputy Clerk: Aaron Blazevich. IT IS ORDERED that this case is reassigned to Judge Richard F. Boulware, II for all further proceedings. Judge Jennifer A. Dorsey no longer assigned to case. All further documents must bear the correct case number 2:14-cv-01649-RFB-GWF. (no image attached) (Copies have been distributed pursuant to the NEF - ASB)
October 30, 2014 Opinion or Order Filing 46 ORDER Granting #26 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Adam Pines and approving Attorney C. Stanley Hunterton as Designation of Local Counsel for Chapnick, Smuckler & Chapnick, INC. Signed by Judge Jennifer A. Dorsey on 10/30/2014. 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 - SLD)
October 30, 2014 Opinion or Order Filing 45 ORDER Granting #28 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Lesley Anne Hawes and approving Attorney Shlomo S. Sherman as Designation of Local Counsel for Robb Evans & Associates LLC. Signed by Judge Jennifer A. Dorsey on 10/30/2014. 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 - SLD)
October 30, 2014 Opinion or Order Filing 44 ORDER Granting #27 Verified Petition for Permission to Practice Pro Hac Vice for Attorney Gary Owen Caris and approving Attorney Shlomo S. Sherman as Designation of Local Counsel for Robb Evans & Associates LLC. Signed by Judge Jennifer A. Dorsey on 10/30/2014. 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 - SLD)
October 30, 2014 Filing 43 SUMMONS Returned Executed by Federal Trade Commission. Jason Miller served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 42 SUMMONS Returned Executed by Federal Trade Commission. Danelle Miller served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 41 SUMMONS Returned Executed by Federal Trade Commission. Keith Smuckler served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 40 SUMMONS Returned Executed by Federal Trade Commission. Brandon Chapnick served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 39 SUMMONS Returned Executed by Federal Trade Commission. Chapnick, Smuckler & Chapnick, INC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 38 SUMMONS Returned Executed by Federal Trade Commission. MDCC, LLC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 37 SUMMONS Returned Executed by Federal Trade Commission. DJD Distribution, LLC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 36 SUMMONS Returned Executed by Federal Trade Commission. VIP Savings, LLC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 35 SUMMONS Returned Executed by Federal Trade Commission. Weight Loss Dojo, LLC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 34 SUMMONS Returned Executed by Federal Trade Commission. Method Direct, LLC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 33 SUMMONS Returned Executed by Federal Trade Commission. Longhorn Marketing, LLC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 32 SUMMONS Returned Executed by Federal Trade Commission. Pure Vitamins, LLC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 30, 2014 Filing 31 SUMMONS Returned Executed by Federal Trade Commission. Health Formulas, LLC served on 10/14/2014, answer due 11/4/2014. (Walker, Shameka)
October 29, 2014 Filing 30 MINUTES OF PROCEEDINGS - Telephonic Status Conference held on 10/29/2014 before Judge Jennifer A. Dorsey. Crtrm Administrator: D. Sherwood; Pla Counsel: Danielle Estrada, Shameka Walker; Def Counsel: Gregory Brower, Rachel Hirsch; Court Reporter/FTR #: Felicia Zabin; Time of Hearing: 8:35 a.m.-8:40 a.m.; Courtroom: 6D; Mr. Brower advises the Court Ms. Hirsch will be filing pro hac vice papers and requests she be allowed to speak. Plaintiffs have no objection. The Court advises counsel the Court is going to have to recuse from the case as her husband is general counsel for a company represented by Snell & Wilmer and Snell & Wilmer is on her recusal list. The Court will alert the next judge assigned to the case that there are time sensitive matters to be addressed. Therefore, IT IS ORDERED, due to the recent appearance in this case of Snell & Wilmer, the Court recuses herself from this matter and sends this case back to the Clerk of Court for random reassignment. (no image attached) (Copies have been distributed pursuant to the NEF - DMS)
October 29, 2014 Filing 29 RESPONSE to #21 MOTION Limited Modification of Asset Freeze to Permit Access to Funds for Basic Living Expenses and Attorneys Fees and Request for Expedited Hearing , filed by Plaintiff Federal Trade Commission. Response in Opposition Replies due by 11/8/2014. (Attachments: #1 Exhibit A)(Estrada, Danielle)
October 28, 2014 Filing 28 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Lesley Anne Hawes and DESIGNATION of Local Counsel Shlomo S. Sherman (Filing fee $ 200 receipt number 0978-3438927) filed by Receiver Robb Evans & Associates LLC . Motion ripe 10/28/2014. (Sherman, Shlomo)
October 28, 2014 Filing 27 VERIFIED PETITION for Permission to Practice Pro Hac Vice by Gary Owen Caris and DESIGNATION of Local Counsel Shlomo S. Sherman (Filing fee $ 200 receipt number 0978-3438880) filed by Receiver Robb Evans & Associates LLC . Motion ripe 10/28/2014. (Howard, Randolph)
October 28, 2014 Filing 26 First VERIFIED PETITION for Permission to Practice Pro Hac Vice by Adam Pines and DESIGNATION of Local Counsel C. Stanley Hunterton (Filing fee $ 200 receipt number 0978-3437730) by Defendants Brandon Chapnick, Chapnick, Smuckler & Chapnick, INC. Motion ripe 10/28/2014. (Hunterton, C.)
October 28, 2014 Filing 25 NOTICE of Hearing: IT IS ORDERED a TELEPHONIC Status Conference is set for 10/29/2014 at 08:30 AM before Judge Jennifer A. Dorsey. The parties are instructed to call the Court's meet-me-line 702-868-4919 and when prompted, enter the conference code number 123456. The Court's meet-me-line can only accommodate the Court and two counsel per side for a total of five. Please remain on the line until the Court's clerk comes on the line to take roll. If counsel has any questions as to this procedure, please contact the Court's clerk at 702-464-5426. (no image attached)(DMS)
October 24, 2014 Filing 24 CERTIFICATE OF SERVICE by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. (Parker, Carrie)
October 23, 2014 Filing 21 MOTION Limited Modification of Asset Freeze to Permit Access to Funds for Basic Living Expenses and Attorneys Fees and Request for Expedited Hearing by Defendants DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, VIP Savings, LLC, Weight Loss Dojo, LLC. Responses due by 11/9/2014. (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 Proposed Order)(Brower, Gregory)
October 23, 2014 Filing 20 LETTER from Lola Pittman of First Citizens Bank re certification of accounts and #12 Order to Show Cause. Records do not show an existing account held in the name of the Defendants. (SLD)
October 22, 2014 Filing 19 ERRATA to #18 Bond; filed by Receiver Robb Evans & Associates LLC. (Sherman, Shlomo)
October 21, 2014 Opinion or Order Filing 17 ORDER ON STIPULATION Granting #16 AMENDED Stipulation to Extend re: #12 ORDER. The TRO should be extended through the date of the hearing. The Preliminary Injunction Hearing is continued to 11/20/2014 02:00 PM in LV Courtroom 6D before Judge Jennifer A. Dorsey. Signed by Judge Jennifer A. Dorsey on 10/21/2014. (Copies have been distributed pursuant to the NEF - SLD)
October 21, 2014 Filing 16 AMENDED Stipulation to Extend re: #12 ORDER; filed by Plaintiff Federal Trade Commission. (Walker, Shameka)
October 21, 2014 Filing 15 STIPULATION to Extend Time re: #12 ORDER; filed by Plaintiff Federal Trade Commission. (Walker, Shameka)
October 20, 2014 Filing 18 SURETY BOND in the amount of $ $10,000.00 posted by Temporary Receiver Robb Evans and Associates Receipt # 55386. (SLD)
October 16, 2014 Filing 14 MINUTE ORDER IN CHAMBERS of the Honorable Judge Jennifer A. Dorsey, on 10/16/2014. By Judicial Assistant: Cathy Stuchell. On October 9, 2014, I issued an order temporarily sealing the entire file and docket in this case until the expiration of five days following the entry of my order or service on all defendants, whichever occurred earlier. 11 . The five-day period has expired. Accordingly, IT IS HEREBY ORDERED THAT this matter and all filings be UNSEALED. The Clerk of Court is instructed to unseal any previously sealed filings in this matter. (no image attached) (Copies have been distributed pursuant to the NEF - CS)
October 14, 2014 Filing 13 Summons Issued as to Brandon Chapnick, Chapnick, Smuckler & Chapnick, INC, DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, Keith Smuckler, VIP Savings, LLC, Weight Loss Dojo, LLC re #1 Complaint. (SLD)
October 9, 2014 Opinion or Order Filing 12 ORDER that 5 the FTC's EX PARTE MOTION for a Temporary Restraining Order and Other Equitable Relief is GRANTED. FURTHER ORDERED that #9 MOTION to Appoint Receiver is GRANTED. Robb Evans & Associates is appointed as temporary receiver for the Receivership Defendants. FURTHER ORDERED that the Defendants shall appear in Courtroom 6D of the Lloyd D. George U.S. Courthouse, 333 Las Vegas Blvd. South, Las Vegas, Nevada 89101, on October 23, 2014, at 2:00 p.m. to show cause why a preliminary injunction should not issue. Signed by Judge Jennifer A. Dorsey on 10/9/14. (Copies have been distributed to counsel for Plaintiff - MMM)
October 9, 2014 Opinion or Order Filing 10 ORDER Granting #3 Motion to Admit Government Attorneys Shameka L. Walker and Danielle Estrada to Practice in the District of Nevada. Signed by Magistrate Judge George Foley, Jr on 10/9/14. (Copies have been distributed by mail to B. Welsh; S. Walker; D. Estrada - MMM)
October 8, 2014 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. AO 85 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. (A copy of form AO 85 has been mailed to parties not receiving electronic service.)NOTICE OF GENERAL ORDER 2013-1 AND OPPORTUNITY FOR EXPEDITED TRIAL SETTING: The parties in this action are provided with a link to General Order 2013-1 and the USDC Short Trial Rules on the Court's website - #www.nvd.uscourts.gov. If the parties agree that this action can be ready for trial within 180 days and that a trial of this matter would take three (3) days or less, the parties should consider participation in the USDC Short Trial Program. If the parties wish to be considered for entry into the Court's Short Trial Program, they should execute and electronically file with USDC Short Trial Form 4(a)(1) or Form 4(a)(2). (no image attached) (SLD)
October 7, 2014 Filing 9 MOTION to Appoint Robb Evans & Associates LLC as a Temporary Receiver by Plaintiff Federal Trade Commission. Motion ripe 10/7/2014. (SLD)
October 7, 2014 Filing 8 CERTIFICATION of Shameka L. Walker in Support of 2 EX PARTE MOTION Temporarily Sealing Entire File and 5 EX PARTE EMERGENCY MOTION for a Temporary Restraining Order filed by Plaintiff Federal Trade Commission. (SLD)
October 7, 2014 Filing 7 Submission of PROPOSED ORDER on 5 EX PARTE EMERGENCY MOTION for a Temporary Restraining Order filed by Plaintiff Federal Trade Commission. (SLD)
October 7, 2014 Filing 3 MOTION to Admit Government Attorneys Shameka L. Walker and Danielle Estrada to Practice in the District of Nevada for Duration of Attorneys' Government Employment by Plaintiff Federal Trade Commission. Responses due by 10/24/2014. (SLD)
October 7, 2014 Filing 1 COMPLAINT against Brandon Chapnick, Chapnick, Smuckler & Chapnick, INC, DJD Distribution, LLC, Health Formulas, LLC, Longhorn Marketing, LLC, MDCC, LLC, Method Direct, LLC, Danelle Miller, Jason Miller, Pure Vitamins, LLC, Keith Smuckler, VIP Savings, LLC, Weight Loss Dojo, LLC filed by Federal Trade Commission. Certificate of Interested Parties due by 10/17/2014. Proof of service due by 2/4/2015. (SLD) (Additional attachment(s) added on 10/8/2014: #1 Civil Cover Sheet) (SLD).
October 7, 2014 Case assigned to Judge Jennifer A. Dorsey and Magistrate Judge George Foley, Jr. (DC)

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Search for this case: Federal Trade Commission v. Health Formulas, LLC et al
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Defendant: Danelle Miller
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Method Films, Inc.
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Health Products Direct LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: DJD Distribution, LLC
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Moringa Marketing LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Cherry Hill Marketing, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Barrel Roll, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Extamax, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Weight Loss Dojo, LLC
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Alpha Brands, LLC
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Chapnick, Smuckler & Chapnick, INC
Represented By: C. Stanley Hunterton
Represented By: Russell Marsh
Represented By: Adam Pines
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Defendant: BSC Marketing, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Jason Miller
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Method Direct, LLC
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Pure and Simple Health Products LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: CSA Ventures, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Danelle Kenealy
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Wellness Products, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Brandon Chapnick
Represented By: Adam Pines
Represented By: C. Stanley Hunterton
Represented By: Russell Marsh
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Defendant: Metabolic Labs, LLC
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: F12 Media LLC
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: VIP Savings, LLC
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: KMS Marketing LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Danelle Folta
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Pure Vitamins, LLC
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Radiant Skin LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Longhorn Marketing, LLC
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Natural Products Direct LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: MDCC, LLC
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Miracle Male, LLC
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Luminous Skin LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Men's Health Formulas, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: 458 Media LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Skinny 7 LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Northern Health Products LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Keith Smuckler
Represented By: Adam Pines
Represented By: Russell Marsh
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Defendant: Wellness Labs, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Tindy Films LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Brilliant Skin LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: GCB Marketing LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Blu Stella, LLC
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Northbound Marketing LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Yacon Marketing LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Health Formulas, LLC
Represented By: Carrie L. Parker
Represented By: Jeffrey S. Rugg
Represented By: Gregory A Brower
Represented By: Bryan C Altman
Represented By: Sarah Koch
Represented By: Rachel Hirsch
Represented By: Craig S Denney
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Defendant: Shimmering Skin LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Diet Concepts, LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Discount Provisions L.L.C.
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Pure and Natural Health Products LLC
Represented By: Jeffrey S. Rugg
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Defendant: Flex Formulas, LLC
Represented By: Bryan C Altman
Represented By: Rachel Hirsch
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Undetermined: Robb Evans & Associates LLC
Represented By: Shlomo S. Sherman
Represented By: Gary Owen Caris
Represented By: Randolph L. Howard
Represented By: Lesley Anne Hawes
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Plaintiff: Federal Trade Commission
Represented By: Danielle Estrada
Represented By: Shameka L. Walker
Represented By: Roberto Anguizola
Represented By: Melissa Dickey
Represented By: Blaine T Welsh
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