Federal Trade Commission v. Elite IT Partners et al
| Federal Trade Commission |
| James Michael Martinos and Elite IT Partners |
| Thomas R. Barton |
| 2:2019cv00125 |
| February 25, 2019 |
| US District Court for the District of Utah |
| Robert J Shelby |
| Brooke C Wells |
| Other Statutory Actions |
| 15 U.S.C. § 0045 |
| Defendant |
Docket Report
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This docket was last retrieved on January 23, 2023. A more recent docket listing may be available from PACER.
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Filing 97
ORDER Granting Oral Motion for Procedural Instruction: 1) Plaintiff, Defendants, and the Receiver may each give opening and closing statements; 2) The court will permit demonstratives; 3) The court will not rule on the #94 FTC's "Emergency Motion for Leave to Appear By Telephone" until the date set for the preliminary injunction hearing, May 29, 2019. But the FTC should nonetheless make its best effort to procure the availability of Carol Jones, Diana Shiller, and Megan Valenzuela on Tuesday, May 30, 2019 from 9:00 a.m. to 12:30 p.m. (MST). The FTC should also make its best effort to ensure the above witnesses have access to a computer capable of video conferencing, and it should coordinate the technological aspects of video testimony with the court's Case Administrator, Mary Jane McNamee, at (801) 524-6790. Signed by Judge Robert J. Shelby on 4/25/19. (dla)
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Filing 96
Motions No Longer Referred: #94 Emergency MOTION for Leave to Appear By Telephone and Memorandum in Support . This motion pertains to a preliminary injunction hearing set before the district judge. (mjw)
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Filing 95
Plaintiff's MOTION to Strike and Memorandum in Support Defendant Martinos' Affirmative Defenses and Jury Demand filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Kappler, Elsie)
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Filing 94
Emergency MOTION for Leave to Appear By Telephone and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Grier, Amanda)
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Filing 93
FOURTH ORDER Extending Temporary Restraining Order for Fourteen (14) Days: The court EXTENDS the Temporary Restraining Order #15 for an additional fourteen (14) days under Rule 65(b)(2) of the Federal Rules of Civil Procedure. The court will extend its Temporary Restraining Order for an additional fourteen (14) days pursuant to Rule 65(b)(2) unless Defendants seek and obtain relief from the Order before 3:59 p.m. by May 8, 2019. Signed by Judge Robert J. Shelby on 4/23/19. (dla)
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Filing 92
Modification of Docket re #9 MOTION for Temporary Restraining Order and Memorandum in Support. Error: Part 4(8) of Volume III - Exhibit 19 (Bates #s 919-970) was not attached to the entry at the time of filing the motion. Correction: the omitted section has been added to the entry. (jwt)
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Filing 91
**SEALED DOCUMENT** Electronic Media Submitted in Support of #81 FTC's Reply to Defendant Martinos' Opposition to FTC's Motion for an Order to Show Cause Why a Preliminary Injunctions Should Not Issue, consisting of 1 disk, Dkt. 81-4, PX 50 - Atts. XX - FFF filed by Plaintiff Federal Trade Commission, filed per #89 Order. Disk to be maintained by the Records Department in the Clerk's Office. (dla)
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Filing 90
ORDER granting Leave to File Exhibits F and J to Declaration of Receiver Under Seal. Signed by Magistrate Judge Brooke C. Wells on 4/19/19. (dla)
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Filing 89
ORDER granting #82 The FTC's Motion to File Under Permanent Seal Electronic Media Submitted in Support of FTC's Reply to Defendant Martino's Opposition to FTC's Motion for an Order to Show Cause Why a Preliminary Injunction Should NOt Issue: The FTC is permitted to file Attachments XX - FFF to the Third Declaration of Reeve Tyndall (PX 50) under permanent seal. Signed by Magistrate Judge Brooke C. Wells on 4/19/19. (dla)
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Filing 88
ORDER granting #79 the FTC's Motion to Exceed the Page Limit in DUCCivR 7-1(b)(2)(A): The FTC is permitted to file its Reply in excess of 2,500 words, or in the alternative, 10 pages. The FTC is permitted to file an additional thirteen (13) pages. Signed by Magistrate Judge Brooke C. Wells on 4/19/19. (dla)
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Filing 87
DECLARATION of John H. Curtis filed by Thomas R. Barton. (Attachments: #1 Exhibit A - ProPay Data, #2 Exhibit B - ProPay Emails, #3 Exhibit C - ProPay Review Report, #4 Exhibit D - Visa Letter, #5 Exhibit E - B2B Revenue Summary, #6 Exhibit F - B2B Profitability Analysis, #7 Exhibit G - Lincoln City Contract Profitability Analysis)(Leeman, Alex)
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Filing 86
**SEALED DOCUMENT** re #83 Declaration, #84 MOTION for Leave to File Sealed Document re #83 Declaration, (Exhibits F and J) filed by Receiver Thomas R. BartonNOTE: Filer is instructed to serve the sealed document on all other parties.. (Leeman, Alex)
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Filing 85
**SEALED DOCUMENT** re #83 Declaration, #84 MOTION for Leave to File Sealed Document re #83 Declaration, (Exhibits F and J) filed by Receiver Thomas R. BartonNOTE: Filer is instructed to serve the sealed document on all other parties.. (Leeman, Alex)
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Filing 84
MOTION for Leave to File Sealed Document re #83 Declaration, (Exhibits F and J) filed by Receiver Thomas R. Barton. (Attachments: #1 Text of Proposed Order) Motions referred to Brooke C. Wells.(Leeman, Alex)
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Filing 83
DECLARATION of Receiver Thomas R. Barton filed by Thomas R. Barton. (Attachments: #1 Exhibit A - Posters, #2 Exhibit B - Sales Manager Notes, #3 Exhibit C- Sales Rep Tests, #4 Exhibit D - Discipline for Coaching, #5 Exhibit E - S. Hammond Discipline, #6 Exhibit F - Payroll Summary, #7 Exhibit G - Sales Forms and Reports, #8 Exhibit H - Weekly Sales Reports, #9 Exhibit I - Organizational Chart, #10 Exhibit J - PX28 Comparison with CRM)(Leeman, Alex)
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Filing 82
Plaintiff's MOTION for Leave to File Sealed Document filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Kappler, Elsie)
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Filing 81
Plaintiff's REPLY to Response to Motion re #9 MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Preliminary Injunction Order, #2 Exhibit PX 36-49, #3 Exhibit PX 50 - Part 1, #4 Exhibit PX 50 - Part 2)(Kappler, Elsie)
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Filing 80
DECLARATION of Karen Kendrick filed by Thomas R. Barton. (Attachments: #1 Exhibit A - Log of Telephone Calls)(Barton, Thomas)
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Filing 79
Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support for FTC's Reply to Defendant's Opposition to FTC's Motion for Order to Show Cause Why a Preliminary Injunction Should not Issue filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Brooke C. Wells.(Kappler, Elsie)
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Filing 78
CERTIFICATE OF SERVICE by Thomas R. Barton of Receiver's Bank Account Statement 3-31-19 (Barton, Thomas)
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Filing 77
ORDER granting #54 Motion for Leave to File Accounting Under Seal. Signed by Magistrate Judge Brooke C. Wells on 4/15/19. (dla)
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Filing 76
ERRATA to #67 Memorandum in Opposition to Motion,, filed by Defendants Elite IT Partners, James Michael Martinos . (Attachments: #1 Exhibit A - Declaration of Martinos)(Priest, Katherine)
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Filing 75
ORDER granting #57 Receiver's Motion for Leave to File Accounting Under Seal. Signed by Judge Robert J. Shelby on 4/12/19. (dla)
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Filing 74
ORDER REFERRING CASE to Magistrate Judge Brooke C. Wells under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Motions referred to Brooke C. Wells. Signed by Judge Robert J. Shelby on 4/11/2019. (mjm)
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Filing 73
THIRD ORDER EXTENDING TEMPORARY RESTRAINING ORDER FOR FOURTEEN (14) days. Pursuant to its previous Orders #47 and #59 , the court EXTENDS the Temporary Restraining Order 15 for an additional fourteen (14) days under Rule 65(b)(2) of the Federal Rules of Civil Procedure. The court will extend its Temporary Restraining Order for an additional fourteen (14) days pursuant to Rule 65(b)(2) unless Defendants seek and obtain relief from the Order before 3:59 p.m. by April 24, 2019. Signed by Judge Robert J. Shelby on 4/10/2019. (rlr)
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Filing 72
THIRD ORDER Extending Temporary Restraining Order for Fourteen (14) Days: Pursuant to its previous Orders #47 #59 , the court EXTENDS the Temporary Restraining Order #15 for an additional fourteen (14) days under Rule 65(b)(2) of the Federal Rules of Civil Procedure. The court will extend its Temporary Restraining Order for an additional fourteen (14) days pursuant to Rule 65(b)(2) unless Defendants seek and obtain relief from the Order before 3:59 p.m. by April 24, 2019. Signed by Judge Robert J. Shelby on 4/10/19. (dla)
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Filing 71
NOTICE OF ADR, e-mailed or mailed to Defendants Elite IT Partners, James Michael Martinos, Plaintiff Federal Trade Commission. (dla)
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Filing 70
ORDER denying #49 Motion to Expedite Release of Funds. Signed by Judge Robert J. Shelby on 4/5/19. (jlw)
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Filing 69
ORDER Aproving Receiver's Waiver of Certain Claims Against Potential Witnesses: Before the court is the #66 Receiver's Motion for Court Approval to Waive Certain Claims Against Potential Witnesses. Pursuant to Section XIV.M of the Temporary Restraining Order #9 , to promote the just resolution of this case, and advance the interests of the receivership entities, the court GRANTS the Receivers Motion and approves of the "Receivers Waiver" which is attached as Exhibit A to his Motion. Signed by Judge Robert J. Shelby on 4/5/19. (Attachments: #1 Exhibit A) (dla)
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Filing 68
ANSWER to #1 Complaint with Jury Demand filed by James Michael Martinos.(Pahnke, Z.)
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Filing 67
MEMORANDUM in Opposition re #9 MOTION for Temporary Restraining Order and Memorandum in Support filed by Defendant James Michael Martinos. (Attachments: #1 Exhibit 1 (Randolph Declaration), #2 Exhibit 2 (Higgins Declaration), #3 Exhibit 3 (Trujillo Declaration), #4 Exhibit 4 (Garlitz Declaration), #5 Exhibit 5 (Olsen Declaration), #6 Exhibit 6 (Shaw Declaration), #7 Exhibit 7 (Bearden Declaration), #8 Exhibit 8 (Linnebur Declaration), #9 Exhibit 9 (Jennings Declaration), #10 Exhibit 10 (Martinos Declaration))(Pahnke, Z.)
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Filing 66
MOTION for Court Approval to Waive Certain Claims Against Potential Witnesses and Request for Expedited Decision and Memorandum in Support filed by Receiver Thomas R. Barton. (Attachments: #1 Exhibit A - Receiver's Waiver, #2 Exhibit B - Conditions of Employment)(Barton, Thomas)
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Filing 65
ORDER granting #64 Defendant James Michael Martinos' Motion to File Overlength Memorandum in Opposition to FTC's Ex Parte Motion for a TRO: The court grants Martinos' Motion. He may file an overlength opposition memorandum to the FTC's ex parte motion for a TRO. That opposition is not to exceed 45 pages, excluding face sheet, table of contents, table of authorities, signature block, certificate of service, and exhibits. Signed by Judge Robert J. Shelby on 4/3/19. (dla)
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Filing 64
MOTION for Leave to File Overlength Opposition Memorandum filed by Defendant James Michael Martinos. (Attachments: #1 Text of Proposed Order)(Pahnke, Z.)
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Filing 63
NOTICE of Supplemental Evidence in Support of FTC's Opposition to Defendant Martinos' Motion to Release Frozen Funds for Payment of Attorneys' Fees by Federal Trade Commission re #61 Memorandum in Opposition to Motion, (Attachments: #1 Exhibit PX 34-35) (Kappler, Elsie)
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Filing 62
ORDER granting #52 Receiver's Motion for Court Approval to Pay Certain Debts and Obligations. Signed by Judge Robert J. Shelby on 3/28/19. (dla)
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Filing 61
Plaintiff's MEMORANDUM in Opposition re #49 MOTION to Expedite Release Funds for Payment of Attorneys Fees and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX 32-33)(Kappler, Elsie)
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Filing 60
MEMORANDUM in Opposition re #49 MOTION to Expedite Release Funds for Payment of Attorneys Fees and Memorandum in Support filed by Receiver Thomas R. Barton. (Leeman, Alex)
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Filing 59
SECOND ORDER Extending Temporary Restraining Order for Fourteen (14) Days: Pursuant to its previous Order #47 , the court EXTENDS the Temporary Restraining Order #15 for an additional fourteen (14) days under Rule 65(b)(2) of the Federal Rules of Civil Procedure. The court will extend its Temporary Restraining Order for an additional fourteen (14) days pursuant to Rule 65(b)(2) unless Defendants seek and obtain relief from the Order before 3:59 p.m. by April 10, 2019. Signed by Judge Robert J. Shelby on 3/27/19. (dla)
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Filing 58
**SEALED DOCUMENT** re #56 Affidavit/Declaration in Opposition to Motion, #57 MOTION for Leave to File Sealed Document re #56 Affidavit/Declaration in Opposition to Motion, filed by Receiver Thomas R. BartonNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit A - Receipts and Disbursements, #2 Exhibit B - B2B Analysis, #3 Exhibit C - Correspondence)(Leeman, Alex)
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Filing 57
MOTION for Leave to File Sealed Document re #56 Affidavit/Declaration in Opposition to Motion, filed by Receiver Thomas R. Barton. (Attachments: #1 Text of Proposed Order)(Leeman, Alex)
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Filing 56
Redacted AFFIDAVIT/DECLARATION of Thomas R. Barton in Opposition re #49 MOTION to Expedite Release Funds for Payment of Attorneys Fees and Memorandum in Support filed by Receiver Thomas R. Barton. (Attachments: #1 Exhibit A - Receipts and Disbursements, #2 Exhibit B - B2B Analysis, #3 Exhibit C - Corresopndence)(Leeman, Alex)
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Filing 55
**SEALED DOCUMENT** re #53 Receivers Financial Report, #54 MOTION for Leave to File Sealed Document re #53 Receivers Financial Report filed by Receiver Thomas R. BartonNOTE: Filer is instructed to serve the sealed document on all other parties.. (Leeman, Alex)
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Filing 54
MOTION for Leave to File Sealed Document re #53 Receivers Financial Report filed by Receiver Thomas R. Barton. (Attachments: #1 Text of Proposed Order)(Leeman, Alex)
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Filing 53
Receiver's FINANCIAL REPORT Receiver's First Accounting (redacted) filed by Receiver Thomas R. Barton. (Attachments: #1 Exhibit A - Accounting)(Leeman, Alex)
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Filing 52
MOTION for Court Approval to Pay Certain Expenses and Memorandum in Support filed by Receiver Thomas R. Barton. (Leeman, Alex)
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Filing 51
SCHEDULING for Preliminary Injunction Hearing: By 4/3/2019, Defendant Martinos shall file his Opposition Memorandum to the FTC's Ex Parte Motion for a TRO. By 4/12/2019, Defendant Martinos and Plaintiff FTC shall meet and confer to narrow issues and identify declarants they wish to cross-examine. By 4/18/2019, Plaintiff FTC shall file its Reply to Defendants' Opposition. Defendant Martinos and Plaintiff FTC must include with their respective filings all additional evidence, declarations, and affidavits upon which they intend to rely at the preliminary injunction hearing. Pursuant to the court's instructions, these declarations and affidavits will serve as written direct examinations. Signed by Judge Robert J. Shelby on 3/20/19. (dla)
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Filing 50
DOCKET TEXT ORDER. The court ORDERS the Federal Trade Commission to file its opposition to Defendant's Motion to Expedite Release Funds for Payment of Attorneys Fees no later than Wednesday, March 27, 2019. No attached document Signed by Judge Robert J. Shelby on 3/20/2019. (mjm)
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Filing 49
MOTION to Expedite Release Funds for Payment of Attorneys Fees and Memorandum in Support filed by Defendants Elite IT Partners, James Michael Martinos. (Attachments: #1 Exhibit A - Proposed Order)(Tolman, Brett)
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Filing 48
Stipulated MOTION for Scheduling Order and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Briefing Schedule for Preliminary Injunction Hearing)(Grier, Amanda)
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Filing 47
ORDER Extending Temporary Restraining Order for Fourteen (14) Days: The court EXTENDS the Temporary Restraining Order for an additional fourteen (14) days under Rule 65(b)(2) of the Federal Rules of Civil Procedure. The court will extend its Temporary Restraining Order for an additional fourteen (14) days pursuant to Rule 65(b)(2) unless Defendants seek and obtain relief from the Order by 3:59 p.m. by March 27, 2019. Signed by Judge Robert J. Shelby on 3/13/19. (dla)
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Filing 46
ERRATA to #33 Memorandum in Opposition to Motion, filed by Plaintiff Federal Trade Commission (Correcting PX 31). (Kappler, Elsie)
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Filing 45
NOTICE OF HEARING ON MOTION (Notice generated by Mary Jane McNamee) The court will hold a preliminary injunction hearing on April 29th, 2019 at 9 a.m. in courtroom 3.100. If the hearing is not completed on April 29th, the court may continue the hearing on the morning of April 30th. (mjm)
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Filing 44
Minute Order. Proceedings held before Judge Robert J. Shelby: Motion Hearing held on 3/12/2019, re: #26 MOTION Emergency Motion to Limit Receiver's Authority and Memorandum in Support MOTION to Expedite Briefing and Hearing Schedule and Memorandum in Support filed by James Michael Martinos, Elite IT Partners. The court hears from counsel and rules as follows - The court DENIES Martinos' Emergency Motion to Limit Receiver's Authority, docket entry #26 . Based on the stipulation of the Receiver, Federal Trade Commission, and Martinos, the court STAYS the deadline for an Answer from Elite IT Partners, Inc. until the court's entry of a scheduling order. The court ORDERS the Receiver and Martinos' counsel to Cc the court on discussions regarding the potential resumption of technical support for Elite IT customers. The court will hold a preliminary injunction hearing on April 29th, 2019 at 9 a.m. If the hearing is not completed on April 29th, the court may continue the hearing on the morning of April 30th. The court ORDERS the parties to coordinate their briefing schedule for the preliminary injunction. The court informs the parties it intends to automatically renew the TRO until it has decided whether to issue a preliminary injunction. Written Order to follow oral order: No. Attorney for Plaintiff: Amanda Grier, Elsie Kappler; Attorney for Defendant Brett Tolman, Eric Benson, Katherine Priest, Ryan Pahnke for dft James Michael Martinos; Alex Leeman for receiver Thomas Barton, who is also present. Court Reporter: Ed Young. (mjm)
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Filing 43
ORDER Requiring Wells Fargo to Transfer Funds to Receiver: Wells Fargo is hereby ORDERED to transfer all assets of the Receivership Entities it holds, including funds held in accounts with numbers ending in 3608, 2026, and 3361, to the Stretto Account in such amounts and pursuant to the Receiver's communicated directions and instructions. Signed by Judge Robert J. Shelby on 3/12/19. (dla)
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Filing 42
NOTICE of Appearance by Sally B. McMinimee on behalf of Thomas R. Barton (McMinimee, Sally)
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Filing 41
REPLY to Response to Motion re #26 MOTION Emergency Motion to Limit Receiver's Authority and Memorandum in Support MOTION to Expedite Briefing and Hearing Schedule and Memorandum in Support filed by Defendants Elite IT Partners, James Michael Martinos. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Priest, Katherine)
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Filing 40
MOTION Order Requiring Wells Fargo to Transfer Funds and Memorandum in Support filed by Receiver Thomas R. Barton. (Attachments: #1 Text of Proposed Order)(Parkinson, G.)
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Filing 39
Correspondence from KeyBank. (Attachments: #1 Envelope 1) (dla)
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Filing 38
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to James Michael Martinos served on 2/28/2019, answer due 3/21/2019. (Kappler, Elsie)
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Filing 37
**RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to Elite IT Partners served on 2/28/2019, answer due 3/21/2019. (Kappler, Elsie)
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Filing 36
AMENDED NOTICE OF HEARING ON MOTION re: #26 MOTION Emergency Motion to Limit Receiver's Authority and Memorandum in Support MOTION to Expedite Briefing and Hearing Schedule and Memorandum in Support : (Notice generated by Mary Jane McNamee)(Notice generated by Mary Jane McNamee) Motion Hearing set for 3/12/2019 at 01:00 PM in Rm 3.100 before Judge Robert J. Shelby. Parties may appear telephonically. To participate telephonically, conference call instructions are as follows: 1. Dial 888-808-6929 ; 2. Enter Access Code 2900331 ; 3. To enter as a participant, press # key. If the call has not been activated by the Court, you will be placed on hold. If you have any questions before the hearing begins, please do not hesitate to call chambers at 801-524-6790, if you are having issues during the hearing, please email the case administrator at mary_jane_mcnamee@utd.uscourts.gov (mjm)
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Filing 35
RESPONSE to Motion re #26 MOTION Emergency Motion to Limit Receiver's Authority and Memorandum in Support MOTION to Expedite Briefing and Hearing Schedule and Memorandum in Support filed by Receiver Thomas R. Barton. (Leeman, Alex)
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Filing 34
AFFIDAVIT/DECLARATION of Thomas R. Barton in Opposition re #26 MOTION Emergency Motion to Limit Receiver's Authority and Memorandum in Support MOTION to Expedite Briefing and Hearing Schedule and Memorandum in Support filed by Receiver Thomas R. Barton. (Attachments: #1 Exhibit A - Trend Micro invoice, #2 Exhibit B - Correspondence re hard drives)(Leeman, Alex)
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Filing 33
Plaintiff's MEMORANDUM in Opposition re #26 MOTION Emergency Motion to Limit Receiver's Authority and Memorandum in Support MOTION to Expedite Briefing and Hearing Schedule and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit PX 29 Part 1, #2 Exhibit PX 29 Part 2, #3 Exhibit PX 29 Part 3 and PX 30 and PX 31)(Robbins, Colleen)
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Filing 32
NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 3/12/2019 at 01:00 PM in Rm 3.100 before Judge Robert J. Shelby. As a participant, the conference instructions are as follows: 1. Dial 888-808-6929 ; 2. Enter Access Code 2900331 ; 3. To enter as a participant, press # key. If the call has not been activated by the Court, you will be placed on hold. If you have any questions before the hearing begins, please do not hesitate to call chambers at 801-524-6790, if you are having issues during the hearing, please email the case administrator at mary_jane_mcnamee@utd.uscourts.gov (mjm)
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Filing 31
ORDER granting #28 Receiver's Motion for Court Approval to Pay Certain Debts and Obligations: Per Receiver's in camera representation, the Federal Trade Commission does not, and will not, oppose the Motion. After consideration of the Motion, in accord with the court's previous Order #15 , and for good cause showing, the court GRANTS Receiver's Motion. Signed by Judge Robert J. Shelby on 3/7/19. (dla)
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Filing 30
NOTICE OF HEARING: The court will hold a hearing on Defendants' Emergency Motion to Limit Receiver's Authority on 3/12/2019 at 01:00 PM in Rm 3.100. If either party elects to appear telephonically for Tuesday's hearing, that party must contact Mary Jane McNamee at Mary_Jane_McNamee@utd.uscourts.gov or (801) 524-6790 no later than 12:45 p.m. on March 12th for dial-in instructions. (Notice generated by dla) (dla)
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Filing 29
ORDER Requiring an Expedited Response from the Receiver re: #26 Defendants' Emergency Motion to Limit Receiver's Authority: The Federal Trade Commission is ORDERED to respond to Defendants' Emergency Motion no later than 10:00 a.m. (Mountain Time) on Monday, March 11th. Defendants may file a reply to the FTC's Opposition no later than 8 a.m. on Tuesday, March 12th. The court will hold a hearing on this Motion at 1 p.m. on Tuesday, March 12th. If either party elects to appear telephonically for Tuesday's hearing, that party must contact Mary Jane McNamee at Mary_Jane_McNamee@utd.uscourts.gov or (801) 524-6790 no later than 12:45 p.m. on March 12th for dial-in instructions. Signed by Judge Robert J. Shelby on 3/7/19. (dla)
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Filing 28
MOTION RECEIVER'S MOTION FOR COURT APPROVAL TO PAY CERTAIN DEBTS AND OBLIGATIONS and Memorandum in Support filed by Receiver Thomas R. Barton. (Leeman, Alex)
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Filing 27
ERRATA to #26 MOTION Emergency Motion to Limit Receiver's Authority and Memorandum in Support MOTION to Expedite Briefing and Hearing Schedule and Memorandum in Support filed by Defendants Elite IT Partners, James Michael Martinos . (Attachments: #1 Exhibit A - Declaration of Wallace Bryan Randolph)(Priest, Katherine)
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Filing 26
MOTION Emergency Motion to Limit Receiver's Authority and Memorandum in Support , MOTION to Expedite Briefing and Hearing Schedule and Memorandum in Support filed by Defendants Elite IT Partners, James Michael Martinos. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Priest, Katherine)
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Filing 25
NOTICE of Appearance by Eric G. Benson on behalf of Elite IT Partners, James Michael Martinos (Benson, Eric)
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Filing 24
NOTICE of Appearance by Katherine E. Priest on behalf of Elite IT Partners, James Michael Martinos (Priest, Katherine)
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Filing 23
NOTICE of Appearance by Z. Ryan Pahnke on behalf of Elite IT Partners, James Michael Martinos (Pahnke, Z.)
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Filing 22
NOTICE of Appearance by Brett L. Tolman on behalf of Elite IT Partners, James Michael Martinos (Tolman, Brett)
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Filing 21
NOTICE of Appearance by Thomas R. Barton on behalf of Thomas R. Barton (Barton, Thomas)
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Filing 20
NOTICE of Appearance by G. Troy Parkinson on behalf of Thomas R. Barton (Parkinson, G.)
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Filing 19
NOTICE of Appearance by Alex B. Leeman on behalf of Thomas R. Barton (Leeman, Alex)
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Filing 18
NOTICE OF Unsealing Civil Case (jds)
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Filing 17
ORDER TO UNSEAL CASE - The Federal Trade Commission has provided in camera notice to the court that both Defendants have been served. Based on this Notice, and pursuant to its Seal Order #14 the court LIFTS the Seal. Signed by Judge Robert J. Shelby on 3/1/2019. (jds)
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Filing 15
Ex Parte TEMPORARY RESTRAINING ORDER, with Asset Freeze, Appointment of a Temporary Receiver, and Other Equitable Relief. Signed by Judge Robert J. Shelby on 2/27/2019. (jwt) (Additional attachment(s) added on 2/27/2019: #1 Exhibit Attachments A-F) (jwt).
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Filing 16
Minute Entry for ex parte sealed proceedings held before Judge Robert J. Shelby: Motion Hearing held on 2/26/2019, re: #11 MOTION to Appoint Receiver filed by Federal Trade Commission, #9 MOTION for Temporary Restraining Order and Memorandum in Support filed by Federal Trade Commission. The court hears from counsel and GRANTS docket entry #9 MOTION for Temporary Restraining Order. The court appoints Tom Barton as the Receiver. The court will contact Mr. Barton. An order will be entered. Attorney for Plaintiff: Amanda Grier, Elsie Kappler, Colleen Robbins - by phone, Attorney for Defendant: None. Court Reporter: Ed Young.(mjm)
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Filing 14
ORDER granting #7 FTC's Ex Parte Motion for an Order Temporarily Sealing the Docket and Entire File: The file and docket in this action, including the Complaint, Ex Parte Motion for Temporary Restraining Order and Memorandum in Support Thereof, and the accompanying exhibits, shall be sealed until the FTC files a notice with the Court indicating that it has served all Defendants, or at 5:00 PM Mountain Standard Time on March 5, 2019, whichever occurs earlier. At this time, the seal automatically shall be lifted by the clerk without motion by the FTC or further order of the Court. This Order shall not be construed to prohibit service or other disclosure by the FTC, any Court-appointed temporary receiver, or those acting at their direction, of any Ex Parte Temporary Restraining Orders and any papers filed in support thereof to: (1) the parties; (2) nonparty financial institutions; or (3) any law enforcement agency. Signed by Judge Robert J. Shelby on 2/26/19. (Attachments: #1 Supplement Mailing Certificate) (dla)
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Filing 13
ORDER granting #8 FTC's Ex Parte Motion to Exceed the 6,500 Word or in the Alternative 25-Page Limit in DUCivR7-1(a)(3)(A): The FTC is permitted to file an additional ten (10) pages. Signed by Judge Robert J. Shelby on 2/26/19. (Attachments: #1 Supplement Mailing Certificate) (dla)
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Filing 12
ERRATA to #11 MOTION to Appoint Receiver filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Attachment A) (dla) (Additional attachment(s) added on 4/4/2019: #2 errata with case number noted in caption) (jwt).
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Filing 11
MOTION/Recommendation to Appoint Receiver filed by Plaintiff Federal Trade Commission. (jwt)
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Filing 10
AFFIDAVIT/DECLARATION of Amanda R. Grier in Support re #9 MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Federal Trade Commission. (jwt)
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Filing 9
MOTION for Temporary Restraining Order with Asset Freeze and Other Equitable Relief and Order to Show Cause why a Preliminary Injunction Should Not Issue and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Volume I - Exhibits 1-17, #2 Exhibit Volume II - Exhibit 18 Part 1, #3 Exhibit Volume II - Exhibit 18 Part 2, #4 Exhibit Volume II - Exhibit 18 Part 3, #5 Exhibit Volumen II - Exhibit 18 Part 4, #6 Exhibit Volume II - Exhibit 18 Part 5, #7 Exhibit Volume III - Exhibit 19 Part 1, #8 Exhibit Volume III - Exhibit 19 Part 2, #9 Exhibit Volume III - Exhibit 19 Part 3, #10 Exhibit Volume III - Exhibit 19 Part 4(1), #11 Exhibit Volume III - Exhibit 19 Part 4(2), #12 Exhibit Volume III - Exhibit 19 Part 4(3), #13 Exhibit Volumen III - Exhibit 19 Part 4(4), #14 Exhibit Volumen III - Exhibit 19 Part 4(5), #15 Exhibit Volume III - Exhibit 19 Part 4(6), #16 Exhibit Volume III - Exhibit 19 Part 4(7), #17 Exhibit Volume IV Part 1 - Exhibit 20-27, #18 Exhibit Volume IV Part 2 - Exhibit 28, #19 Text of Proposed Order)(jwt) (Additional attachment(s) added on 4/23/2019: #20 Exhibit Volume III - Exhibit 19 Part 4(8)) (jwt).
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Filing 8
MOTION for Leave to File Excess Pages filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(jwt)
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Filing 7
MOTION to Temporarily Seal Case and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(jwt)
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Filing 6
NOTICE of Appearance by Elsie B. Kappler on behalf of Federal Trade Commission (jwt)
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Filing 5
NOTICE of Appearance by Colleen B. Robbins on behalf of Federal Trade Commission (jwt)
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Filing 4
NOTICE of Appearance by Amanda R. Grier on behalf of Federal Trade Commission (jwt)
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Filing 3
**RESTRICTED DOCUMENT**Summons Issued as to Elite IT Partners. (jwt)
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Filing 2
**RESTRICTED DOCUMENT**Summons Issued as to James Michael Martinos. (jwt)
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Filing 1
COMPLAINT against Elite IT Partners, James Michael Martinos filed by Federal Trade Commission. (Fee Status: Waived) (Electronic document provided on disc.) (Attachments: #1 Civil Cover Sheet) Assigned to Judge Robert J. Shelby (jwt)
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