Federal Trade Commission et al v. EMP Media, Inc. et al
| State of Nevada and Federal Trade Commission |
| EMP Media, Inc., Yeicox Ltd., Shad Applegate, Aniello Infante, Shad Cottelli and EMP Media, Inc. doing business as MyEx.com doing business as Post My Ad doing business as T&A Media doing business as Internet Secrets |
| 2:2018cv00035 |
| January 9, 2018 |
| US District Court for the District of Nevada |
| Las Vegas Office |
| Andrew P Gordon |
| Nancy J Koppe |
| Other Statutory Actions |
| 15 U.S.C. § 0053 Federal Trade Commission Act |
| None |
Docket Report
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This docket was last retrieved on June 28, 2023. A more recent docket listing may be available from PACER.
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Filing 75
TRANSCRIPT DESIGNATION by Defendant Shad Applegate re #73 Notice of Appeal,. Transcripts are NOT required for this appeal. (Selert, Whitney)
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Filing 76
USCA ORDER for Time Schedule as to #73 Notice of Appeal, filed by Shad Applegate. USCA Case Number 23-15920. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 74
Designation of Transcripts and Transcript Order forms and instructions for #73 Notice of Appeal,. The forms may also be obtained on the Court's website at #www.nvd.uscourts.gov. (Attachments: #1 transcript order form) (EDS)
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Filing 73
NOTICE OF APPEAL as to #72 Order on Motion to Set Aside,, Order on Motion for Leave to File Excess Pages,,, by Defendant Shad Applegate. Filing fee $ 505, receipt number ANVDC-7333837. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Attachments: #1 Exhibit A) (Selert, Whitney)
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Filing 72
ORDER Granting #70 Motion for Leave to File supplemental authority. IT IS FURTHER ORDERED that #65 defendant Shad Cotelli's motion to set aside the default judgment is DENIED. Signed by Judge Andrew P. Gordon on 5/25/2023. (Copies have been distributed pursuant to the NEF - JQC)
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Filing 71
RESPONSE to #70 Motion for Leave to File Document/Excess Pages by Defendant Shad Applegate. Replies due by 5/25/2023. (Selert, Whitney)
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Filing 70
MOTION for Leave to File Document by Plaintiff Federal Trade Commission re ECF Nos. #67 Response to #65 Motion. Responses due by 5/31/2023. (Cox, Megan) (appeal) Modified on 5/17/2023 to create links (CJS).
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Filing 69
REPLY to Response to #65 Motion to Set Aside by Defendant Shad Applegate. (Selert, Whitney)
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Filing 68
ORDER Granting #66 Motion to Admit Government Attorney. Philip Z. Brown for Federal Trade Commission. Signed by Judge Andrew P. Gordon on 1/23/2023.(Copies have been distributed pursuant to the NEF - KF)
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Filing 67
RESPONSE to #65 Motion to Set Aside by Plaintiff Federal Trade Commission. Replies due by 1/30/2023. (Cox, Megan)
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Filing 66
MOTION to Admit Government Attorney Philip Brown by Plaintiff Federal Trade Commission. (Cox, Megan)
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Filing 65
MOTION to Set Aside #30 Judgment Default, by Defendant Shad Applegate. (judgment) Responses due by 1/24/2023. (Selert, Whitney)
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Filing 64
ORDER of USCA, Ninth Circuit, as to #44 Notice of Appeal filed by Shad Applegate. The petition for rehearing en banc is DENIED. (MR)
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Filing 63
ORDER on Mandate as to #59 USCA Memorandum AFFIRMING the judgment of the District Court re #44 Notice of Appeal filed by Shad Applegate. Signed by Judge Andrew P. Gordon on 6/3/2021. (Copies have been distributed pursuant to the NEF - MR)
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Filing 61
MANDATE of USCA, Ninth Circuit, as to #44 Notice of Appeal filed by Shad Applegate re #59 USCA Memorandum/Opinion. AFFIRMED. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 60
ORDER of USCA, Ninth Circuit, as to #44 Notice of Appeal filed by Shad Applegate. The petition for panel rehearing filed on May 13, 2021 is DENIED. (Copies have been distributed pursuant to the NEF - HAM)
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Filing 59
MEMORANDUM of USCA, Ninth Circuit, as to #44 Notice of Appeal filed by Shad Applegate. AFFIRMED (Copies have been distributed pursuant to the NEF - HAM) Modified on 4/1/2021 - nef regenerated (MMM).
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Filing 58
MINUTES OF PROCEEDINGS - Video Motion Hearing held on 10/23/2020 before Judge Andrew P. Gordon. Crtrm Administrator: M. Johansen; Pla Counsel: Megan Cox, Sangjoon Han and Laura Tucker; Def Counsel: Whitney Selert; Court Reporter: Heather Newman; Time of Hearing: 10:03 a.m. - 10:38 a.m.; Courtroom: 6C; The court makes preliminary remarks and hears arguments of counsel regarding defendant Applegate's motions to unseal ECF No. #46 and #51 . As stated on the record, defendant Applegate's motions to unseal are denied. The minutes of this proceeding and the transcript will serve as the Court's official ruling. No separate order to follow. (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
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Filing 57
CLERK'S NOTICE of violation of Local Rules. ECF No. #55 was not filed pursuant to LR IA 10-2. Incomplete case number on document. The correct case number is 2:20-cv-00035-APG-NJK. Attorney Megan Cox is advised in the future to file documents pursuant to the Local Rules. No further action is required concerning this document at this time. Do NOT refile. (no image attached) (MMM)
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Filing 56
ORDER Granting #55 Stipulation Partially Resolving Motions to Unseal. Signed by Judge Andrew P. Gordon on 10/19/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 55
Joint STIPULATION Partially Resolving Motions to Unseal by Plaintiff Federal Trade Commission. (Cox, Megan)
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Filing 54
ORDER Setting Hearing on Pending #46 , #51 Motions. Motion Hearing set for 10/23/2020 at 10:00 AM. The hearing will be conducted by videoconference. Signed by Judge Andrew P. Gordon on 10/8/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 53
REPLY to Response to #51 Motion to Unseal by Defendant Shad Applegate. (Selert, Whitney)
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Filing 52
RESPONSE to #51 Motion to Unseal by Plaintiff Federal Trade Commission. Replies due by 6/16/2020. (Cox, Megan)
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Filing 51
MOTION to Unseal #24 Motion for Default Judgment,,,,, by Defendant Shad Applegate. (Selert, Whitney)
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Filing 50
REPLY to Response to #46 Motion to Unseal by Defendant Shad Applegate. (Selert, Whitney)
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Filing 49
CLERK'S NOTICE and Attorney Action Required to ECF No. #48 . Document was not filed pursuant to LR IC 2-2(c). The wrong event was selected. The title of the docket entry does not match the title of the document. Counsel is advised to refile using the appropriate docket entry event "Reply to Motion". Document #48 terminated as filed in error. (no image attached) (MMM)
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Filing 48
ERROR: Wrong event selected. Attorney advised to refile. MOTION to Unseal #46 Motion to Unseal, #47 Response by Defendant Shad Applegate. (Selert, Whitney) Document #48 terminated as filed in error. Modified on 5/19/2020 (MMM).
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Filing 47
RESPONSE to #46 Motion to Unseal by Plaintiff Federal Trade Commission. Replies due by 5/19/2020. (Han, Sangjoon)
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Filing 46
MOTION to Unseal 14 SEALED Motion by Defendant Shad Applegate. (Selert, Whitney) Modified on 4/29/2020 to add document link (MMM).
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Filing 45
USCA ORDER for Time Schedule as to #44 Notice of Appeal filed by Shad Applegate. USCA Case Number 20-15717. (Copies have been distributed pursuant to the NEF - JM)
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Filing 44
NOTICE OF APPEAL as to #43 Order on Motion to Set Aside by Defendant Shad Applegate. Filing fee $ 505, receipt number 0978-5972718. E-mail notice (NEF) sent to the US Court of Appeals, Ninth Circuit. (Selert, Whitney)
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Filing 43
ORDER Denying #33 Motion to Set Aside Default Judgment. Signed by Judge Andrew P. Gordon on 4/9/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 42
REPLY to Response to #33 Motion to Set Aside by Defendant Shad Applegate. (Selert, Whitney)
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Filing 41
ORDER Granting #35 Motion to Admit Government Attorney Sangjoon Han for Federal Trade Commission. Signed by Judge Andrew P. Gordon on 3/27/2020. (Copies have been distributed pursuant to the NEF - MR)
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Filing 40
NOTICE of Corrected Image/Document re #36 Response by Plaintiff Federal Trade Commission. (Service of corrected image is attached.) (Cox, Megan)
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Filing 39
NOTICE of Corrected Image/Document re #35 Motion to Permit Appearance of Government Attorney by Plaintiff Federal Trade Commission. (Service of corrected image is attached.) (Cox, Megan)
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Filing 38
CLERK'S NOTICE of violation of Local Rules. ECF No. #36 was not filed pursuant to LR IC 5-1(b) by Attorney Megan Cox. Please note the signatory must be the attorney or pro se party who electronically files the document. Attorney Action Required to ECF No. #36 . Attorney Megan Cox is advised to correct the deficient signature and refile using the event Notice of Corrected Image/Document and link to #36 . Do NOT link to this notice. (no image attached) (MMM)
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Filing 37
CLERK'S NOTICE of violation of Local Rules. ECF No. #35 was not filed pursuant to LR IC 5-1(b) by Attorney Megan Cox. Please note the signatory must be the attorney or pro se party who electronically files the document. Attorney Action Required to ECF No. #35 . Attorney Megan Cox is advised to correct the deficient signature and refile using the event Notice of Corrected Image/Document and link to #35 . Do NOT link to this notice. (no image attached) (MMM)
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Filing 36
VIEW #40 corrected image to RESPONSE to #33 Motion to Set Aside by Plaintiff Federal Trade Commission. Replies due by 4/3/2020. (Cox, Megan) Modified on 3/27/2020 (MMM).
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Filing 35
VIEW #39 corrected image to MOTION to Admit Government Attorney Sangjoon Han by Plaintiff Federal Trade Commission. (Cox, Megan) Modified on 3/27/2020 (MMM).
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Filing 34
CLERK'S NOTICE Regarding Local Rule IC 2-2(d). ECF No. #33 was not filed pursuant to LR IC 2-2(d). Documents must be linked to the document to which they pertain in the electronic filing system. The Clerk has modified the entry to properly establish the docket-entry relationship. Attorney is advised to properly link all further filed documents. DO NOT refile. (no image attached) (MMM)
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Filing 33
MOTION to Set Aside #30 Default Judgment, by Defendant Shad Applegate. Responses due by 3/27/2020. (Selert, Whitney) Modified on 3/13/2020 to add docket entry relationship (MMM).
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Filing 32
ORDER. IT IS ORDERED that defendant Yeicox Ltd. is DISMISSED without prejudice for failure to timely serve. Signed by Judge Andrew P. Gordon on 8/16/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 31
NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Complaint* in this action was filed on* 01/09/2018.* To date no proper proof of service has been filed as to*Yeicox Ltd..* FRCP 4(m) dismissal deadline set for 7/19/2018. (TR)
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Filing 30
DEFAULT JUDGMENT in favor of Plaintiffs, Federal Trade Commission and State of Nevada, and against Defendants, EMP Media, Inc. and Shad Applegate. Signed by Clerk of Court Debra K. Kempi on 6/18/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 29
ORDER Granting #24 , 26 , #28 Motion for Default Judgment and Final Order for Permanent Injunction and Other Relief. Signed by Judge Andrew P. Gordon on 6/15/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 28
MOTION for Default Judgment with Additional Redactions by Plaintiff Federal Trade Commission. (Attachments: #1 Index Index of Exhibits to Motion for Default Judgment, #2 Exhibit Ex 1- Decl of Cheryl Thomas, #3 Index Index of Attachments to Ex 1 - Thomas Decl, #4 Attachments to Ex 1 Part 1, #5 Attachments to Ex 1 Part 2, #6 Attachments to Ex 1 Part 3, #7 Attachments to Ex 1 Part 4, #8 Attachments to Ex 1 Part 5, #9 Attachments to Ex 1 Part 6, #10 Attachments to Ex 1 Part 7, #11 Attachments to Ex 1 Part 8, #12 Attachments to Ex 1 Part 9, #13 Attachments to Ex 1 Part 10, #14 Attachments to Ex 1 Part 11, #15 Attachments to Ex 1 Part 12, #16 Attachments to Ex 1 Part 13, #17 Attachments to Ex 1 Part 14, #18 Attachments to Ex 1 Part 15, #19 Attachments to Ex 1 Part 16, #20 Exhibit Ex 2 - Consumer Decl, #21 Exhibit Ex 3 - Consumer Decl, #22 Exhibit Ex 4 - Consumer Decl, #23 Exhibit Ex 5 - Decl of Thomas Van Wazer, #24 Exhibit Ex 6 - Infante Investigational Hearing Transcript, #25 Exhibit Ex 7 - Consumer Decl, #26 Exhibit Ex 8 - Decl of Carrie Goldberg, #27 Exhibit Ex 9 - Consumer Decl, #28 Exhibit Ex 10 - Consumer Decl, #29 Exhibit Ex 11 - Consumer Decl, #30 Exhibit Ex 12 - Consumer Decl, #31 Proposed Order Proposed Order) (Cox, Megan)
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Filing 27
ORDER Granting #25 Motion to Seal and Ordering Additional Redactions. The clerk shall seal all exhibits to ECF No. #24 . Signed by Judge Andrew P. Gordon on 6/12/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 25
MOTION to Seal #24 Motion for Default Judgment, filed by Plaintiff Federal Trade Commission. (Cox, Megan)
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Filing 24
MOTION for Default Judgment; filed by Plaintiff Federal Trade Commission. (Attachments: #1 Index of Exhibits, #2 Exhibit Thomas Decl, #3 Index to Declaration, #4 Attachment 1 to Declaration, #5 Attachment 2 to Declaration, #6 Attachment 3 to Declaration, #7 Attachment 4 to Declaration, #8 Attachment 5 to Declaration, #9 Attachment 6 to Declaration, #10 Attachment 7 to Declaration, #11 Attachment 8 to Declaration, #12 Attachment 9 to Declaration, #13 Attachment 10 to Declaration, #14 Attachment 11 to Declaration, #15 Attachment 12 to Declaration, #16 Attachment 13 to Declaration, #17 Attachment 14 to Declaration, #18 Attachment 15 to Declaration, #19 Attachment 16 to Declaration, #20 Exhibit Consumer Declaration, #21 Exhibit Consumer Declaration, #22 Exhibit Consumer Declaration, #23 Exhibit Thomas Van Wazer Declaration, #24 Exhibit Transcript, #25 Exhibit Consumer Declaration, #26 Exhibit Carrie Goldberg Declaration, #27 Exhibit Consumer Declaration, #28 Exhibit Consumer Declaration, #29 Exhibit Consumer Declaration, #30 Exhibit Consumer Declaration, #31 Proposed Order) (Cox, Megan) Modified on 6/12/2018 to Seal Exhibits per #27 Order (MR).
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Filing 23
Clerk's ENTRY OF DEFAULT as to EMP Media, Inc. and Shad Applegate re #22 Motion for Entry of Clerks Default. (MR)
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Filing 22
First MOTION for Entry of Clerk's Default by Plaintiffs Federal Trade Commission, State of Nevada. (Attachments: #1 Exhibit Attachment 1 - Counsel Declaration, #2 Proposed Order Form for Proposed Default Entry by Clerk) (Cox, Megan)
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Filing 21
CERTIFICATE OF SERVICE for #16 Order on Motion,,,,, #1 Complaint, by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Declaration of Matthew Smith)(Cox, Megan)
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Filing 20
SUMMONS Returned Executed by Federal Trade Commission. Aniello Infante, and as Registered Agent for EMP Media, Inc. served on 1/19/2018, answers due 2/9/2018. (Attachments: #1 Summons Service Executed)(Cox, Megan) Modified on 3/22/2018 to reflect correct party served (TR).
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Filing 19
NOTICE of intent to dismiss pursuant to FRCP 4(m). The * Complaint* in this action was filed on* 01/09/2018.* To date no proper proof of service has been filed as to*Defendant Cottelli per Order #16 .* FRCP 4(m) dismissal deadline set for 4/12/2018. (TR) Modified on 3/13/2018 to reflect correct Defendant (TR). (Main Document 19 replaced on 3/13/2018) (TR).
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Filing 18
ORDER Granting #3 Motion to Admit Government Attorney. Signed by Judge Andrew P. Gordon on 2/1/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 17
ORDER Granting #15 Motion to Seal. Plaintiffs' full 14 motion for alternative service shall remain under seal. Signed by Magistrate Judge Nancy J. Koppe on 2/1/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 16
ORDER. The Court finds that service by email on Defendant Cottelli is proper and GRANTS #12 , 14 Plaintiffs' motion for alternative service. Plaintiffs shall effectuate service, no later than 2/9/2018. See Order for details. Signed by Magistrate Judge Nancy J. Koppe on 2/1/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 15
MOTION to Seal #12 Motion, #13 Order, by Plaintiff Federal Trade Commission. (Cox, Megan)
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Filing 13
ORDER re #12 Motion for Alternative Service. The Court ORDERS Plaintiffs to file an unredacted copy under seal pursuant to Local Rule IC 6-1(b), no later than 2/1/2018. Signed by Magistrate Judge Nancy J. Koppe on 1/29/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 12
MOTION re: Alternative Service, filed by Plaintiff Federal Trade Commission. Responses due by 2/9/2018. (Attachments: #1 Index, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit) (Cox, Megan)
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Filing 11
ORDER Denying #10 Motion to Stay Case as moot. Signed by Magistrate Judge Nancy J. Koppe on 1/22/2018.(Copies have been distributed pursuant to the NEF - ADR)
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Filing 10
MOTION to Stay Case by Plaintiff Federal Trade Commission. (Cox, Megan)
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Filing 9
ORDER Granting #8 Joint Stipulation for Permanent Injunction and Monetary Judgment. Signed by Judge Andrew P. Gordon on 1/10/2018.(Copies have been distributed pursuant to the NEF - MR)
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Filing 8
Joint STIPULATION for Permanent Injunction and Monetary Judgment, filed by Plaintiffs Federal Trade Commission, State of Nevada. (Cox, Megan)
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Filing 7
MINUTE ORDER IN CHAMBERS of the Honorable Judge Andrew P. Gordon on 1/10/2018. This case has been assigned to the Honorable Andrew P. Gordon. Judge Gordon's Chambers Practices, which are posted on the U.S. District Court, District of Nevada public website, may also be accessed directly via this hyperlink: #www.nvd.uscourts.gov (no image attached) (Copies have been distributed pursuant to the NEF - MAJ)
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Filing 6
ORDER. IT IS HEREBY ORDERED that #4 the Stipulated Order for Permanent Injunction and Monetary Judgment as to Defendant Aniello Infante is DENIED without prejudice as to the filing of a revised stipulation that complies with Local Rule 1A 6-2. Signed by Judge Andrew P. Gordon on 1/9/2018. (Copies have been distributed pursuant to the NEF - MR)
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Filing 5
Summons Issued as to All Defendants re #1 Complaint. (MR)
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Filing 4
Joint STIPULATION by Plaintiffs Federal Trade Commission, State of Nevada. (Cox, Megan)
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Filing 3
MOTION to Permit Appearance of Government Attorney; filed by Plaintiff Federal Trade Commission. (Cox, Megan)
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Filing 2
CERTIFICATE of Interested Parties by Federal Trade Commission. There are no known interested parties other than those participating in the case (Cox, Megan)
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Filing 1
First COMPLAINT against All Defendants by Federal Trade Commission. Proof of service due by 4/9/2018. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Summons, #4 Summons)(Cox, Megan) NOTICE of Certificate of Interested Parties requirement: Under Local Rule 7.1-1, a party must immediately file its disclosure statement with its first appearance, pleading, petition, motion, response, or other request addressed to the court.
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Case assigned to Judge Andrew P. Gordon and Magistrate Judge Nancy J. Koppe. (MR)
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