Federal Trade Commission et al v. Nudge LLC et al
Plaintiff: Utah Division of Consumer Protection and Federal Trade Commission
Defendant: Phillip W. Smith, Response Marketing Group, Ryan C. Poelman, BuyPD, Nudge LLC, Brandon B. Lewis, Shawn L. Finnegan, Clint R. Sanderson, Response Marketing Group a Utah limited liability company doing business as 3 Day Real Estate Traning doing business as Abundance Edu doing business as Affluence Edu doing business as American Money Tour doing business as Cash Flow Edu doing business, Dean Graziosi and Scott Yancey
Petitioner: Just Us Realtors and Sean D. Reyes
Intervenor: Erryl Sloan, American Estate and Trust DBO Erryl Sloan IRA and American Estate and Trust FBO Rosemary Sloan IRA
3Rd Party Plaintiff: Rosemary Sloan and E&R Enterprise
Case Number: 2:2019cv00867
Filed: November 5, 2019
Court: U.S. District Court for the District of Utah
Presiding Judge: David Barlow
Referring Judge: Evelyn J Furse
2 Judge: Daphne A Oberg
3 Judge: Robert J Shelby
Nature of Suit: Other Statutory Actions
Cause of Action: 15 U.S.C. § 0053 Federal Trade Commission Act
Jury Demanded By: Defendant
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Docket Report

This docket was last retrieved on March 27, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 27, 2023 Opinion or Order Filing 457 NOTICE of Joint Trial Notice by Federal Trade Commission (Lubetzky, Darren)
March 24, 2023 Opinion or Order Filing 456 Defendant's REPLY to Response to Motion re #430 MOTION to Bifurcate and Memorandum in Support re: Structure and Bifurcate Trial & for Advisory Verdict filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 17, 2023 Opinion or Order Filing 455 MEMORANDUM in Opposition re #430 MOTION to Bifurcate and Memorandum in Support re: Structure and Bifurcate Trial & for Advisory Verdict filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit 1 to Opposition to Motion to Bifurcate)(Navarrette, Jordan)
March 16, 2023 Opinion or Order Filing 454 NOTICE of Appearance by Jordan X. Navarrette on behalf of Federal Trade Commission (Navarrette, Jordan)
March 9, 2023 Opinion or Order Filing 453 Motions No Longer Referred: #430 MOTION to Bifurcate and Memorandum in Support re: Structure and Bifurcate Trial & for Advisory Verdict. The district judge will address the motion. (med)
March 7, 2023 Opinion or Order Filing 452 Defendant's REPLY to Response to Motion re #396 MOTION in Limine and Memorandum in Support No. 10 Excluding Evidence of Fake Reviews filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 451 Defendant's REPLY to Response to Motion re #395 MOTION in Limine and Memorandum in Support No. 9 Excluding Evidence of Online Posts and Lawsuits relating to Graziosi and Yancey filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 450 Defendant's REPLY to Response to Motion re #394 MOTION in Limine and Memorandum in Support No. 8 Excluding Evidence of Other Lawsuits filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 449 Defendant's REPLY to Response to Motion re #393 MOTION in Limine and Memorandum in Support No. 7 Excluding Evidence of BuyPD filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 448 Defendant's REPLY to Response to Motion re #392 MOTION in Limine and Memorandum in Support No. 6 Excluding Evidence Regarding Alleged Credit Extension filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 447 Defendant's REPLY to Response to Motion re #391 MOTION in Limine and Memorandum in Support No. 5 Excluding Evidence of Actual Damages Under the UCSPA filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 446 Defendant's REPLY to Response to Motion re #390 MOTION in Limine and Memorandum in Support No. 4 Excluding Customer and Investigator Declarations filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 445 Defendant's REPLY to Response to Motion re #389 MOTION in Limine and Memorandum in Support No. 3 Excluding Customer Complaints filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 444 Defendant's REPLY to Response to Motion re #388 MOTION in Limine and Memorandum in Support No. 2 Excluding Improper Summary Exhibits filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 443 Defendant's REPLY to Response to Motion re #387 MOTION in Limine and Memorandum in Support No. 1 Excluding Improper Investigator Testimony and Evidence filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
March 7, 2023 Opinion or Order Filing 442 Plaintiff's REPLY to Response to Motion re #382 Plaintiff's MOTION in Limine and Memorandum in Support To Admit For Trial Evidence Of Payments And Profit Distributions filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
March 7, 2023 Opinion or Order Filing 441 Plaintiff's REPLY to Response to Motion re #386 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Irrelevant Testimony and Evidence or Argument Regarding Plaintiffs' Purported Evaluations of Defendants' Businesses filed by Plaintiff Federal Trade Commission. (Diacosavvas, Savvas)
March 7, 2023 Opinion or Order Filing 440 Plaintiff's REPLY to Response to Motion re #379 Plaintiff's MOTION to Exclude Expert Testimony of Howard Beales and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
March 7, 2023 Opinion or Order Filing 439 REPLY to Response to Motion re #384 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Concerning Adverse Consequences to Defendants' Business From This Case In Further Support filed by Plaintiffs Federal Trade Commission, Utah Division of Consumer Protection. (Melton, Thomas)
March 7, 2023 Opinion or Order Filing 438 Plaintiff's REPLY to Response to Motion re #381 Plaintiff's MOTION in Limine and Memorandum in Support To Exclude At Trial Evidence And Argument About Consultations With Counsel And Legal Professionals filed by Plaintiff Federal Trade Commission. (Diacosavvas, Savvas)
March 7, 2023 Opinion or Order Filing 437 REPLY to Response to Motion re #383 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Concerning Alleged Unfair Targeting of and Improper Investigation of Defendants In Further Support filed by Plaintiffs Federal Trade Commission, Utah Division of Consumer Protection. (Melton, Thomas)
March 7, 2023 Opinion or Order Filing 436 Plaintiff's REPLY to Response to Motion re #377 Plaintiff's MOTION in Limine and Memorandum in Support to Preclude Defendants From Referring to the Number of Consumer Complaints Regarding Defendants Received by Plaintiffs filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Exhibit A)(Jagadish, Vikram)
March 7, 2023 Opinion or Order Filing 435 Plaintiff's REPLY to Response to Motion re #385 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude the Proposed Expert Testimony of Ryan Poelman filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
March 7, 2023 Opinion or Order Filing 434 Plaintiff's REPLY to Response to Motion re #380 Plaintiff's MOTION in Limine and Memorandum in Support to Preclude Defendants From Presenting Evidence of Good Conduct filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
March 7, 2023 Opinion or Order Filing 433 Plaintiff's REPLY to Response to Motion re #378 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Defendants Consumer Declarations and References to the Number of Declarations filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
March 6, 2023 Opinion or Order Filing 432 DOCKET TEXT ORDER. On March 3, 2023, Defendants filed their #430 Motion to Structure and Bifurcate Trial & for Advisory Verdict. The court hereby ORDERS Plaintiffs to file a response no later than March 17, 2023. Defendants' reply, if any, is due March 24, 2023. Signed by Judge David Barlow on 3/6/2023. (cfm)
March 3, 2023 Opinion or Order Filing 431 REPLY to Response to Motion re #376 MOTION in Limine filed by Movant Sean D. Reyes. (Wolf, David)
March 3, 2023 Opinion or Order Filing 430 MOTION to Bifurcate and Memorandum in Support re: Structure and Bifurcate Trial & for Advisory Verdict filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 429 REPLY to Response to Motion re #391 MOTION in Limine and Memorandum in Support No. 5 Excluding Evidence of Actual Damages Under the UCSPA filed by Plaintiffs Federal Trade Commission, Utah Division of Consumer Protection. (Melton, Thomas)
February 21, 2023 Opinion or Order Filing 428 Plaintiff's MEMORANDUM in Opposition re #390 MOTION in Limine and Memorandum in Support No. 4 Excluding Customer and Investigator Declarations filed by Plaintiffs Federal Trade Commission, Utah Division of Consumer Protection. (Melton, Thomas)
February 21, 2023 Opinion or Order Filing 427 Plaintiff's MEMORANDUM in Opposition re #387 MOTION in Limine and Memorandum in Support No. 1 Excluding Improper Investigator Testimony and Evidence filed by Plaintiffs Federal Trade Commission, Utah Division of Consumer Protection. Attorney Thomas M. Melton added to party Federal Trade Commission(pty:pla)(Melton, Thomas)
February 21, 2023 Opinion or Order Filing 426 MEMORANDUM in Opposition re #386 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Irrelevant Testimony and Evidence or Argument Regarding Plaintiffs' Purported Evaluations of Defendants' Businesses filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit Greisman Dep. Tr. Excerpts, #2 Exhibit Marinello Dep. Tr. Excerpts, #3 Exhibit 2/25 Poelman Dep. Tr. Excerpt, #4 Exhibit Reyes Dep. Tr. Excerpt, #5 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 425 RESPONSE to Motion re #385 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude the Proposed Expert Testimony of Ryan Poelman filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 424 RESPONSE to Motion re #384 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Concerning Adverse Consequences to Defendants' Business From This Case filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 423 RESPONSE to Motion re #383 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Concerning Alleged Unfair Targeting of and Improper Investigation of Defendants filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit Marinello Dep. Tr. Excerpt, #2 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 422 MEMORANDUM in Opposition re #382 Plaintiff's MOTION in Limine and Memorandum in Support To Admit For Trial Evidence Of Payments And Profit Distributions filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 421 MEMORANDUM in Opposition re #381 Plaintiff's MOTION in Limine and Memorandum in Support To Exclude At Trial Evidence And Argument About Consultations With Counsel And Legal Professionals filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit Greisman Dep. Tr. Excerpts, #2 Exhibit Marinello Dep. Tr. Excerpts, #3 Exhibit ERSP Review Program Guidance, #4 Exhibit 2/25 Poelman Dep. Tr. Excerpts, #5 Exhibit CFPB v. Nationwide Biweekly Motion in Limine Briefing and Order, #6 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 420 ORDER granting #405 Motion for Leave to File Sealed Document. Plaintiffs' Opposition to Defendants' Motion In Limine No. 2, filed as ECF No. 407, shall remain under seal until further ordered by the court. Signed by Judge David Barlow on 2/21/2023. (mh)
February 21, 2023 Opinion or Order Filing 419 MEMORANDUM in Opposition re #380 Plaintiff's MOTION in Limine and Memorandum in Support to Preclude Defendants From Presenting Evidence of Good Conduct filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 418 MEMORANDUM in Opposition re #379 Plaintiff's MOTION to Exclude Expert Testimony of Howard Beales and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 417 ORDER granting #403 Motion for Leave to File Excess Pages. Plaintiffs are permitted to file their Opposition Brief with an additional 1 page. Signed by Judge David Barlow on 2/21/2023. (mh)
February 21, 2023 Opinion or Order Filing 416 MEMORANDUM in Opposition re #378 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Defendants Consumer Declarations and References to the Number of Declarations filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 415 MEMORANDUM in Opposition re #377 Plaintiff's MOTION in Limine and Memorandum in Support to Preclude Defendants From Referring to the Number of Consumer Complaints Regarding Defendants Received by Plaintiffs filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 414 RESPONSE to Motion re #376 MOTION in Limine for Utah Attorney General Sean D. Reyes filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order)(Baldridge, J.)
February 21, 2023 Opinion or Order Filing 413 Plaintiff's MEMORANDUM in Opposition re #395 MOTION in Limine and Memorandum in Support No. 9 Excluding Evidence of Online Posts and Lawsuits relating to Graziosi and Yancey filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit AA, #2 Exhibit BB)(Jagadish, Vikram)
February 21, 2023 Opinion or Order Filing 412 Motions No Longer Referred: #403 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support; #405 MOTION for Leave to File Sealed Document re #404 Memorandum in Opposition to Motion. District Judge will decide. (cfm)
February 21, 2023 Opinion or Order Filing 411 Plaintiff's MEMORANDUM in Opposition re #396 MOTION in Limine and Memorandum in Support No. 10 Excluding Evidence of Fake Reviews filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
February 21, 2023 Opinion or Order Filing 410 Plaintiff's MEMORANDUM in Opposition re #394 MOTION in Limine and Memorandum in Support No. 8 Excluding Evidence of Other Lawsuits filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
February 21, 2023 Opinion or Order Filing 409 Plaintiff's MEMORANDUM in Opposition re #393 MOTION in Limine and Memorandum in Support No. 7 Excluding Evidence of BuyPD filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
February 21, 2023 Opinion or Order Filing 408 Plaintiff's MEMORANDUM in Opposition re #392 MOTION in Limine and Memorandum in Support No. 6 Excluding Evidence Regarding Alleged Credit Extension filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
February 21, 2023 Opinion or Order Filing 407 **SEALED DOCUMENT** re #404 Memorandum in Opposition to Motion, filed by Plaintiff Federal Trade CommissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Lasky, Brian)
February 21, 2023 Opinion or Order Filing 406 Plaintiff's MEMORANDUM in Opposition re #389 MOTION in Limine and Memorandum in Support No. 3 Excluding Customer Complaints filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit AA (redacted), #2 Exhibit BB (redacted), #3 Exhibit CC (redacted), #4 Exhibit DD (redacted), #5 Exhibit EE (redacted), #6 Exhibit FF (redacted))(Jagadish, Vikram)
February 21, 2023 Opinion or Order Filing 405 MOTION for Leave to File Sealed Document re #404 Memorandum in Opposition to Motion, filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order re Motion to Seal Exhibit) Motions referred to Daphne A. Oberg.(Lasky, Brian)
February 21, 2023 Opinion or Order Filing 404 MEMORANDUM in Opposition re #388 MOTION in Limine and Memorandum in Support No. 2 Excluding Improper Summary Exhibits filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit REDACTED Exhibit 1)(Lasky, Brian)
February 21, 2023 Opinion or Order Filing 403 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion) Motions referred to Daphne A. Oberg.(Jagadish, Vikram)
February 15, 2023 Opinion or Order Filing 402 NOTICE of Appearance by Peishen Zhou on behalf of Utah Division of Consumer Protection (Zhou, Peishen)
February 2, 2023 Opinion or Order Filing 401 Motions No Longer Referred: #379 Plaintiff's MOTION to Exclude Expert Testimony of Howard Beales and Memorandum in Support. The district judge will address the motion. (med)
February 2, 2023 Opinion or Order Filing 400 ORDER granting #397 Motion for Leave to File Sealed Document. Exhibits 2 and 3 of Defendant's Motion in Limine No. 3, ECF Number 398, shall remain under seal until further ordered by the court. Signed by Judge David Barlow on 2/2/2023. (mh)
February 2, 2023 Opinion or Order Filing 399 Motions No Longer Referred: #397 MOTION for Leave to File Sealed Document re #389 MOTION in Limine and Memorandum in Support No. 3 Excluding Customer Complaints. District Judge will decide. (cfm)
February 1, 2023 Opinion or Order Filing 398 **SEALED DOCUMENT** re #389 MOTION in Limine and Memorandum in Support No. 3 Excluding Customer Complaints filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott YanceyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit 3 to Defendants' Motion in Limine No. 3)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 397 MOTION for Leave to File Sealed Document re #389 MOTION in Limine and Memorandum in Support No. 3 Excluding Customer Complaints filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 396 MOTION in Limine and Memorandum in Support No. 10 Excluding Evidence of Fake Reviews filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 395 MOTION in Limine and Memorandum in Support No. 9 Excluding Evidence of Online Posts and Lawsuits relating to Graziosi and Yancey filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 394 MOTION in Limine and Memorandum in Support No. 8 Excluding Evidence of Other Lawsuits filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 393 MOTION in Limine and Memorandum in Support No. 7 Excluding Evidence of BuyPD filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 392 MOTION in Limine and Memorandum in Support No. 6 Excluding Evidence Regarding Alleged Credit Extension filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 391 MOTION in Limine and Memorandum in Support No. 5 Excluding Evidence of Actual Damages Under the UCSPA filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 390 MOTION in Limine and Memorandum in Support No. 4 Excluding Customer and Investigator Declarations filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 389 MOTION in Limine and Memorandum in Support No. 3 Excluding Customer Complaints filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit 1, #2 Exhibit 2 REDACTED, #3 Exhibit 3 REDACTED, #4 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 388 MOTION in Limine and Memorandum in Support No. 2 Excluding Improper Summary Exhibits filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 387 MOTION in Limine and Memorandum in Support No. 1 Excluding Improper Investigator Testimony and Evidence filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Baldridge, J.)
February 1, 2023 Opinion or Order Filing 386 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Irrelevant Testimony and Evidence or Argument Regarding Plaintiffs' Purported Evaluations of Defendants' Businesses filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion in Limine to Exclude Irrelevant Testimony and Evidence or Argument Regarding Plaintiffs' Purported Evaluations of Defendants' Businesses)(Jagadish, Vikram)
February 1, 2023 Opinion or Order Filing 385 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude the Proposed Expert Testimony of Ryan Poelman filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Exhibit A, #2 Text of Proposed Order Granting Plaintiffs' Motion in Limine to Exclude the Proposed Expert Testimony of Ryan Poelman)(Jagadish, Vikram)
February 1, 2023 Opinion or Order Filing 384 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Concerning Adverse Consequences to Defendants' Business From This Case filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion in Limine to Exclude Evidence or Argument Concerning Adverse Consequences to Defendants' Business From This Case)(Jagadish, Vikram)
February 1, 2023 Opinion or Order Filing 383 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Evidence or Argument Concerning Alleged Unfair Targeting of and Improper Investigation of Defendants filed by Plaintiff Federal Trade Commission. (Attachments: #1 Granting Plaintiffs' Motion in Limine to Exclude Evidence or Argument Concerning Alleged Unfair Targeting of and Improper Investigation of Defendants)(Jagadish, Vikram)
February 1, 2023 Opinion or Order Filing 382 Plaintiff's MOTION in Limine and Memorandum in Support To Admit For Trial Evidence Of Payments And Profit Distributions filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Diacosavvas, Savvas)
February 1, 2023 Opinion or Order Filing 381 Plaintiff's MOTION in Limine and Memorandum in Support To Exclude At Trial Evidence And Argument About Consultations With Counsel And Legal Professionals filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order)(Diacosavvas, Savvas)
February 1, 2023 Opinion or Order Filing 380 Plaintiff's MOTION in Limine and Memorandum in Support to Preclude Defendants From Presenting Evidence of Good Conduct filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion in Limine to Preclude Defendants From Presenting Evidence of Good Conduct)(Jagadish, Vikram)
February 1, 2023 Opinion or Order Filing 379 Plaintiff's MOTION to Exclude Expert Testimony of Howard Beales and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Appendix, #2 Exhibit Exhibit 1-Expert Report of J. Howard Beales, #3 Exhibit Exhibit 2-Deposition of J. Howard Beales, #4 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Diacosavvas, Savvas)
February 1, 2023 Opinion or Order Filing 378 Plaintiff's MOTION in Limine and Memorandum in Support to Exclude Defendants Consumer Declarations and References to the Number of Declarations filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Granting Plaintiffs' Motion in Limine to Exclude Defendants Consumer Declarations and References to the Number of Declarations)(Jagadish, Vikram)
February 1, 2023 Opinion or Order Filing 377 Plaintiff's MOTION in Limine and Memorandum in Support to Preclude Defendants From Referring to the Number of Consumer Complaints Regarding Defendants Received by Plaintiffs filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Granting Plaintiffs Motion in Limine to Preclude Defendants From Referring to the Number of Consumer Complaints Regarding Defendants Received by Plaintiffs)(Jagadish, Vikram)
February 1, 2023 Opinion or Order Filing 376 MOTION in Limine filed by Movant Sean D. Reyes. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Text of Proposed Order)(Wolf, David)
February 1, 2023 Opinion or Order Filing 375 NOTICE of Appearance by Robert G. Wing on behalf of Utah Division of Consumer Protection (Wing, Robert)
February 1, 2023 Opinion or Order Filing 374 ORDER granting #372 Motion for Leave to File an Overlength Motion in Limine. Movant is granted leave to file an overlength Motion in Limine no longer than ten (10) pages in length. Signed by Judge David Barlow on 1/31/2023. (mh)
January 31, 2023 Opinion or Order Filing 373 Motions No Longer Referred: #372 MOTION for Leave to File Overlength Motion in Limine. District Judge will decide. (cfm)
January 31, 2023 Opinion or Order Filing 372 MOTION for Leave to File Overlength Motion in Limine filed by Movant Sean D. Reyes. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Wolf, David)
January 18, 2023 Opinion or Order Filing 371 Mail Returned #351 Mail Returned of #347 Trial Order as Undeliverable. Mail sent to American Estate and Trust FBO Rosemary Sloan IRA. (Attachments: #1 Envelope) (mh)
January 17, 2023 Opinion or Order Filing 370 ORDER granting #369 Motion for Admission Pro Hac Vice of Attorney Christopher J. Ricigliano for Nudge LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 1/15/2023. (mh)
January 13, 2023 Opinion or Order Filing 369 MOTION for Admission Pro Hac Vice of Christopher J. Ricigliano , Registration fee $ 250, receipt number AUTDC-4556765,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Nudge LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Christiansen, Erik)
January 13, 2023 Opinion or Order Filing 368 NOTICE OF WITHDRAWAL OF COUNSEL of William C. Lawrence filed by J. Douglas Baldridge on behalf of BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey (Baldridge, J.)
January 10, 2023 Opinion or Order Filing 367 Mail Returned #351 Trial Order as Undeliverable. Mail sent to E&R Enterprise. (Attachments: #1 Envelope) (mh)
January 5, 2023 Opinion or Order Filing 366 ORDER granting #365 Motion for Admission Pro Hac Vice of Attorney Vincent E. Verrocchio for Nudge LLC.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 1/5/2023. (mh)
January 5, 2023 Opinion or Order Filing 365 Amended MOTION for Admission Pro Hac Vice of Vincent E. Verrocchio , Registration fee $ 250, receipt number 4548383,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Nudge LLC. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Christiansen, Erik)
January 5, 2023 Opinion or Order Filing 364 NOTICE OF DEFICIENCY re #363 MOTION for Admission Pro Hac Vice of Vincent E. Verrocchio . The document MOTION for Admission Pro Hac Vice of Vincent E. Verrocchio is missing the formal Motion. Application and Proposed Order filed only. The clerk requests the filer of the original document to refile the pleading and use receipt number AUTDC-4548383 to avoid new Motion fee. The new pleading will receive a new document number on the docket. (mh)
January 5, 2023 Opinion or Order Filing 363 MOTION for Admission Pro Hac Vice of Vincent E. Verrocchio , Registration fee $ 250, receipt number AUTDC-4548383,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendant Response Marketing Group. (Attachments: #1 Text of Proposed Order)(Christiansen, Erik)
January 5, 2023 Opinion or Order Filing 362 NOTICE OF WITHDRAWAL OF COUNSEL of Stephen R. Freeland filed by J. Douglas Baldridge on behalf of BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey (Baldridge, J.)
January 3, 2023 Opinion or Order Filing 361 Mail Returned #350 Order as Undeliverable. Mail sent to American Estate and Trust DBO Erryl Sloan IRA. (mh)
January 3, 2023 Opinion or Order Filing 360 Mail Returned #347 as Undeliverable. Mail sent to American Estate and Trust FBO Rosemary Slaon IRA. (mh)
December 27, 2022 Opinion or Order Filing 359 Mail Returned #350 Order as Undeliverable. Mail sent to Rosemary Sloan. (mh)
December 27, 2022 Opinion or Order Filing 358 Mail Returned #350 Order as Undeliverable. Mail sent to Erryl Sloan. (mh)
December 27, 2022 Opinion or Order Filing 357 Mail Returned #350 Order as Undeliverable. Mail sent to E&R Enterprise. (mh)
December 27, 2022 Opinion or Order Filing 356 Mail Returned #350 Order as Undeliverable. Mail sent to American Estate and Trust FBO Rosemary Sloan IRA. (mh)
December 20, 2022 Opinion or Order Filing 355 Mail Returned #347 as Undeliverable. Mail sent to E&R Enterprise. (mh)
December 19, 2022 Opinion or Order Filing 354 NOTICE of Appearance by Thomas M. Melton on behalf of Utah Division of Consumer Protection (Melton, Thomas)
December 16, 2022 Opinion or Order Filing 353 Mail Returned #347 Trial Order as Undeliverable. Mail sent to American Estate and Trust DBO Erryl Sloan IRA. (mh)
December 16, 2022 Opinion or Order Filing 352 Mail Returned #347 Trial Order as Undeliverable. Mail sent to Rosemary Sloan. (mh)
December 16, 2022 Opinion or Order Filing 351 Mail Returned #347 Trial Order as Undeliverable. Mail sent to Erryl Sloan. (mh)
December 12, 2022 Opinion or Order Filing 350 ORDER granting #348 Motion to Modify Trial Order. Signed by Judge David Barlow on 12/9/2022. (mh)
December 8, 2022 Opinion or Order Filing 349 Motions No Longer Referred: #348 Joint MOTION for Amended Scheduling Order and Memorandum in Support Regarding Trial Order. The district judge will address the motion. (med)
December 7, 2022 Opinion or Order Filing 348 Joint MOTION for Amended Scheduling Order and Memorandum in Support Regarding Trial Order filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
November 29, 2022 Opinion or Order Filing 347 TRIAL ORDER with instructions to counsel: Proposed Voir Dire due 4/3/2023. Proposed Jury Instructions due 4/3/2023. Jury Trial set for 5/1/2023 at 09:00 AM through 6/2/2023 in Rm 8.100 before Judge David Barlow. Final Pretrial Conference set for 4/25/2023 at 10:00 AM in Rm 8.100 before Judge David Barlow. The attorneys are expected to appear in court at 8:30 a.m. on the first day of trial to resolve any outstanding pretrial matters. The court has carefully fashioned this Trial Order with dates that allow the parties sufficient time to brief relevant trial matters while allowing the court the time it needs to prepare for trial while it tries other cases and deals with other matters before the court. If the parties have good cause, they may file objections to the deadlines in this Trial Order no later than December 7, 2022. Signed by Judge David Barlow on 11/29/2022. (mh)
November 23, 2022 Opinion or Order Filing 346 STATUS REPORT by Federal Trade Commission. (Lubetzky, Darren)
November 18, 2022 Opinion or Order Filing 345 Minute Entry for proceedings held before Judge David Barlow: Scheduling Conference held on 11/18/2022. The court thanked the parties for their work on the Joint Brief regarding trial. Dates for a 5-week trial from April 28, 2023 for jury selection through June 2, 2023 was proposed. The parties have until noon on 11/28/2022 to meet and confer regarding these dates and file a joint status report about their ability to conduct trial during the proposed dates. Good cause must be shown for any motion to move these dates, given the court's schedule, the constitutional preference for criminal trials over civil matters, and the length of this trial. The court reviewed and clarified issues to be tried in this matter, and proposed that it will enter a trial order setting forth the mechanics and other deadlines for trial once the trial dates are confirmed. Court was adjourned. Attorney for Plaintiff: Darren Lubetzky, Brian Lasky, Christopher Miller, Vikram Jagadish, Karen O'Connel for the FTC; Kevin McLean for the AG's office, Attorney for Defendant: Douglas Baldridge, Leonard Gordon, Stephen Freeland, Michael Munoz, Alexandra Megaris; Greg Christiansen for Grasiosi and Yancey. Court Reporter: Laura Robinson.(tcs)
November 11, 2022 Opinion or Order Filing 344 TRIAL BRIEF Regarding Trial Length of Time by Plaintiff Federal Trade Commission. (Lubetzky, Darren)
November 10, 2022 Opinion or Order Filing 343 NOTICE OF WITHDRAWAL OF COUNSEL of Tom Melton & Robert Wing filed by Thomas M. Melton on behalf of Utah Division of Consumer Protection (Melton, Thomas)
October 26, 2022 Opinion or Order Filing 342 NOTICE of Appearance by Savvas Socrates Diacosavvas on behalf of Federal Trade Commission (Diacosavvas, Savvas)
October 25, 2022 Opinion or Order Filing 341 DOCKET TEXT ORDER. In advance of the scheduling conference set for 11/18/2022, the parties are ordered to meet and confer on the number of and identity of expected witnesses and submit a joint brief by 11/11/2022. The brief should identify the length of time the parties anticipate needing for trial and explain why that length of time is necessary. To the extent that the parties disagree, they may so indicate and explain at the hearing. Signed by Judge David Barlow on 10/25/2022. (tcs)
October 25, 2022 Opinion or Order Filing 340 NOTICE OF ZOOM HEARING: Scheduling Conference set for 11/18/2022 at 10:30 AM in Rm 8.100 before Judge David Barlow. The purpose of the status conference is to discuss the length of time needed for trial and potential trial dates. The court will e-mail Zoom hearing instructions to counsel and the court reporter. Members of the public or media who wish to attend should contact [email protected] at least 24 hours in advance of the hearing to request hearing instructions. (tcs)
July 6, 2022 Opinion or Order Filing 339 ORDER granting #332 Motion to Withdraw as Counsel, granting #333 Motion to Withdraw as Counsel, and granting #334 Motion to Withdraw as Counsel Attorney Mark A. Nickel withdrawn from case for Erryl Sloan, Rosemary Sloan, American Estate and Trust FBO Erryl Sloan IRA, American Estate and Trust FBO Rosemary Sloan IRA, and E&R Enterprise, LLC.. Signed by Magistrate Judge Daphne A. Oberg on 07/06/2022. (jl)
July 5, 2022 Opinion or Order Filing 338 DOCKET TEXT ORDER: The #336 Motion for Initial Scheduling Conference is granted in part and denied in part. Due to the backlog in cases due to COVID-19, and the need to prioritize criminal cases, this case will not receive a trial date in the near future. When the court is prepared to set a trial date and enter a pretrial order, it will inform the parties. If the parties wish a referral to a Magistrate Judge for purposes of exploring settlement prospects, the court will enter a referral. The court grants the request to stay the deadline for motions to exclude expert testimony. No document attached. Signed by Judge David Barlow on 07/05/2022. (dah)
July 5, 2022 Opinion or Order Filing 337 Motions No Longer Referred: #336 Joint MOTION for Initial Scheduling Conference and Memorandum in Support. District judge will address. (tcs)
July 1, 2022 Opinion or Order Filing 336 Joint MOTION for Initial Scheduling Conference and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lubetzky, Darren)
June 14, 2022 Opinion or Order Filing 335 MEMORANDUM DECISION and Order granting in part and denying in part both #265 Motion for Summary Judgment and #270 Motion for Summary Judgment. Signed by Judge David Barlow on 6/14/2022. (jl)
June 14, 2022 Opinion or Order Filing 334 MOTION to Withdraw as Counsel Mark A, Nickel filed by ThirdParty Plaintiff Rosemary Sloan, Intervenor Rosemary Sloan. (Attachments: #1 Exhibit Rosemary Consent to Withdraw) Motions referred to Daphne A. Oberg.(Nickel, Mark)
June 14, 2022 Opinion or Order Filing 333 MOTION to Withdraw as Counsel Mark A. Nickel filed by ThirdParty Plaintiff Erryl Sloan, Intervenor Erryl Sloan. (Attachments: #1 Exhibit Erryl Consent to Withdraw) Motions referred to Daphne A. Oberg.(Nickel, Mark)
June 14, 2022 Opinion or Order Filing 332 MOTION to Withdraw as Counsel Mark A. Nickel filed by ThirdParty Plaintiff E&R Enterprise, Intervenor E&R Enterprise. (Attachments: #1 Exhibit E&R Consent to Withdraw) Motions referred to Daphne A. Oberg.(Nickel, Mark)
June 7, 2022 Opinion or Order Filing 331 DOCKET TEXT ORDER: Attorney Mark A. Nickel filed a #330 Notice of Withdrawal of Counsel purporting to withdraw as counsel for the intervenors. This notice does not comply with DUCivR 83-1.4(c), which provides that a motion to withdraw is required if counsel's withdrawal will leave the party without representation. The intervenors' only other counsel in this case was admitted pro hac vice and is not permitted to appear without local counsel. See DUCivR 83-1.1(c)(2). Therefore, Mr. Nickel's withdrawal would leave the intervenors without counsel. Accordingly, Mr. Nickel has not been withdrawn as counsel pursuant to the notice. If Mr. Nickel seeks to withdraw, he must file a motion that complies with DUCivR 83-1.4(c). No attached document. Signed by Magistrate Judge Daphne A. Oberg on 6/7/2022. (med)
June 2, 2022 Opinion or Order Filing 330 NOTICE OF WITHDRAWAL OF COUNSEL of Mark A. Nickel filed by Mark A. Nickel on behalf of E&R Enterprise, Erryl Sloan, Rosemary Sloan (Nickel, Mark)
April 22, 2022 Opinion or Order Filing 329 ORDER granting #326 Motion for Leave to File Sealed Document - The unredacted version of Defendants' #327 Opposition Exhibit 20 shall remain under seal. Signed by Judge David Barlow on 04/22/2022. (jl)
April 22, 2022 Opinion or Order Filing 328 Motions No Longer Referred: #326 MOTION for Leave to File Sealed Document re #325 Notice (Other). (dah)
April 21, 2022 Opinion or Order Filing 327 **SEALED DOCUMENT** re #325 Notice (Other),, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott YanceyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Baldridge, J.)
April 21, 2022 Opinion or Order Filing 326 MOTION for Leave to File Sealed Document re #325 Notice (Other),, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
April 21, 2022 Opinion or Order Filing 325 NOTICE of Corrected Filings by BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey re #285 Memorandum in Opposition to Motion,,, 324 Order,, (Attachments: #1 Corrected Opposition to Plaintiffs' Motion for Summary Judgment, #2 Redline of Corrected Opposition to Plaintiffs' Motion for Summary Judgment, #3 Corrected Opposition Appendix of Exhibits, #4 Exhibit Redacted Opposition Exhibit 20) (Baldridge, J.)
April 15, 2022 Opinion or Order Filing 324 DOCKET TEXT ORDER: In their Response [ECF Nos. 285, 287] opposing Plaintiffs' Motion for Summary Judgment [ECF Nos. 265, 267], Defendants refer to a rebuttal expert report completed by Dr. Brian Cadman. However, the citations in Defendants' Response are to an earlier report provided by Dr. Cadman, and the rebuttal report appears absent from the record. The court directs Defendants to supplement the record by submitting Dr. Cadman's rebuttal report that is cited in their Response by or before April 22, 2022. Signed by Judge David Barlow on 04/15/2022. (dah)
March 22, 2022 Opinion or Order Filing 323 DOCKET TEXT ORDER STRIKING #317 Defendants' Notice of Supplemental Authority and #321 Plaintiffs' Response to Defendants' Notice of Supplemental Authority. After the parties' cross motions for summary judgment were fully briefed, Defendants filed a Notice of Supplemental Authority #317 . Pursuant to DUCivR 7-1(c], a notice of supplemental authority "must contain, without argument,... a reference either to the page of the memorandum or to a point argued orally to which the supplemental authority pertains" and "the reasons why the supplemental authority is relevant." Defendants' notice does not provide supplemental authority for arguments already raised, but two new arguments for denying Plaintiffs' motion for summary judgment on the issue of consumer redress. Because DUCivR 7-1(c) is not to be used to make arguments, let alone new ones, Defendants' Notice of Supplemental Authority is stricken. Plaintiffs' response to that notice is therefore unnecessary and is stricken as well. Signed by Judge David Barlow on 03/22/2022. (dah)
March 21, 2022 Opinion or Order Filing 322 NOTICE of Filing Redacted Supplemental Exhibit by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith re 318 Order on Motion for Leave to File Sealed Document,,,,, #232 Sealed Document, (Attachments: #1 Exhibit REDACTED Supplemental Exhibit 1) (Baldridge, J.)
March 21, 2022 Opinion or Order Filing 321 ***STRICKEN*** Plaintiff's RESPONSE re #317 Notice of Supplemental Authority,, filed by Federal Trade Commission. (Lubetzky, Darren) Modified by striking per 323 DOCKET TEXT ORDER on 3/22/2022 (jl).
March 18, 2022 Opinion or Order Filing 320 MEMORANDUM DECISION and Order - Defendants' motions to exclude Dr. McAlvanah's supplemental report and Mr. Nicolais' revised supplemental report, ( #238 and #239 ), are DENIED. Signed by Magistrate Judge Daphne A. Oberg on 03/18/2022. (jl)
March 15, 2022 Opinion or Order Filing 319 DOCKET TEXT ORDER granting #245 Graziosi and Yancey Motion for Leave to File Sealed Document; granting #257 Nudge Defendants' Motion for Leave to File Sealed Document. Both motions seeks to seal portions of the defendants' answers which quote sealed portions of the First Amended Complaint. No oppositions were filed. Based on the court's prior orders permitting this information to be sealed, (Doc. Nos. 90 and 185), the motions are granted. The unredacted answers at Doc. Nos. 244 and 258 shall remain sealed. Signed by Magistrate Judge Daphne A. Oberg on 3/15/2022. No attached document. (med)
March 15, 2022 Opinion or Order Filing 318 DOCKET TEXT ORDER granting in part and denying in part #231 Nudge Defendants' Motion for Leave to File Sealed Document. The Nudge Defendants seek to seal Supplemental Exhibit 1 to their summary judgment briefing, (see #230 Defendants' Notice of Supplemental Exhibit), because (1) the exhibit was designated confidential by the Utah Division of Consumer Protection, and (2) it contains personal identifying information of a consumer which should be redacted. The court ordered the Utah Division of Consumer Protection to file a new motion to seal if it sought to keep the exhibit sealed, (Doc. No. 235), but no new motion was filed. The court denies the Nudge Defendants' motion to the extent it seeks to seal Supplemental Exhibit 1 in its entirety. However, good cause exists to redact the personal identifying information of the consumer. Accordingly, the court grants the motion to the extent it seeks to redact this information. The Nudge Defendants are ORDERED to file a new, redacted version of Supplemental Exhibit 1 within seven days, with redactions corresponding to the highlights in the sealed version filed at Doc. No. 232. The unredacted version filed at Doc. No. 232 shall remain sealed. Signed by Magistrate Judge Daphne A. Oberg on 3/15/2022. No attached document. (med)
March 14, 2022 Opinion or Order Filing 317 ***STRICKEN***NOTICE of SUPPLEMENTAL AUTHORITY by BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey re #285 Memorandum in Opposition to Motion,,, (Baldridge, J.) Modified by striking per 323 DOCKET TEXT ORDER on 3/22/2022 (jl).
January 11, 2022 Opinion or Order Filing 316 NOTICE OF WITHDRAWAL OF COUNSEL of Mark A Wagner filed by Mark A. Wagner on behalf of BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith (Wagner, Mark)
December 16, 2021 Opinion or Order Filing 315 ORDER granting #310 Motion for Leave to File Sealed Document - the redacted portion of Defendants' Reply shall remain permanently under seal. Signed by Judge David Barlow on 12/16/2021. (jl)
December 16, 2021 Opinion or Order Filing 314 ORDER granting #308 Motion for Leave to File Excess Pages. Defendants are permitted to file their Reply in Support of Their Motion for Summary Judgment with an additional 34 pages. Signed by Judge David Barlow on 12/16/2021. (jl)
December 16, 2021 Opinion or Order Filing 313 ORDER granting #306 Motion for Leave to File Excess Pages. Plaintiffs are permitted to file their Reply Memorandum with an additional 28 pages. Signed by Judge David Barlow on 12/16/2021. (jl)
December 16, 2021 Opinion or Order Filing 312 Motions No Longer Referred: #310 MOTION for Leave to File Sealed Document re #309 Reply Memorandum/Reply to Response to Motion, #306 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support, #308 MOTION for Leave to File Excess Pages and Memorandum in Support. District Judge will rule on motions. (ep)
December 15, 2021 Opinion or Order Filing 311 **SEALED DOCUMENT** re #309 Reply Memorandum/Reply to Response to Motion,,, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott YanceyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Baldridge, J.)
December 15, 2021 Opinion or Order Filing 310 MOTION for Leave to File Sealed Document re #309 Reply Memorandum/Reply to Response to Motion,,, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
December 15, 2021 Opinion or Order Filing 309 Redacted REPLY to Response to Motion re #270 MOTION for Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Appendix Appendix of Exhibits, #2 Exhibit Reply Ex. 1, #3 Exhibit Reply Ex. 2, #4 Exhibit Reply Ex. 3, #5 Exhibit Reply Ex. 4, #6 Exhibit Reply Ex. 5, #7 Exhibit Reply Ex. 6, #8 Exhibit Reply Ex. 7, #9 Exhibit Reply Ex. 8, #10 Exhibit Reply Ex. 9, #11 Exhibit Reply Ex. 10, #12 Exhibit Reply Ex. 11, #13 Exhibit Reply Ex. 12, #14 Exhibit Reply Ex. 13, #15 Exhibit Reply Ex. 14, #16 Exhibit Reply Ex. 15, #17 Exhibit Reply Ex. 16)(Baldridge, J.)
December 15, 2021 Opinion or Order Filing 308 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
December 15, 2021 Opinion or Order Filing 307 Plaintiff's REPLY to Response to Motion re #265 Redacted MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Appendix Supplemental Exhibit Index, #2 Exhibit PX 85 Consumer Burkholder Testimony, #3 Exhibit PX 86 Dr. Bruce Isaacson Testimony, #4 Exhibit PX 87 Dr. D. Mark Weiss Testimony, #5 Exhibit PX 88 Clarification Order, FTC v. Zurixx)(Miller, Christopher)
December 15, 2021 Opinion or Order Filing 306 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Miller, Christopher)
December 3, 2021 Opinion or Order Filing 305 ORDER granting #303 Motion for Leave to File Sealed Document. Signed by Judge David Barlow on 12/3/2021. (jl)
December 2, 2021 Opinion or Order Filing 304 **SEALED DOCUMENT** re #292 Memorandum in Opposition to Motion,,,,,, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott YanceyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit SEALED Ex. Y to PX 84)(Baldridge, J.)
December 2, 2021 Opinion or Order Filing 303 MOTION for Leave to File Sealed Document re #292 Memorandum in Opposition to Motion,,,,,, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit REDACTED Ex. K to PX 84, #3 Exhibit REDACTED Ex. Y to PX 84) Motions referred to Daphne A. Oberg.(Baldridge, J.)
November 30, 2021 Opinion or Order Filing 302 ORDER granting #291 Motion for Leave to File Excess Pages. Plaintiffs are permitted to file their Memorandum in Opposition with an additional 53 pages. Signed by Judge David Barlow on 11/30/2021. (jl)
November 30, 2021 Opinion or Order Filing 301 ORDER granting #296 Motion to Seal. Pursuant to DUCivR 5-3(a)(2)(A)-(B), ECF No. 285-14 shall be permanently sealed. Signed by Judge David Barlow on 11/30/2021. (jl)
November 30, 2021 Opinion or Order Filing 300 ORDER granting #293 Motion for Leave to File Sealed Document. Signed by Judge David Barlow on 11/30/2021. (jl)
November 30, 2021 Opinion or Order Filing 299 Motions No Longer Referred: #296 MOTION to Seal and Memorandum in Support re #285 Memorandum in Opposition to Motion; #291 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support ; #293 Plaintiff's MOTION for Leave to File Sealed Document re #292 Memorandum in Opposition to Motion. District Judge will rule on motions. (ep)
November 29, 2021 Opinion or Order Filing 298 NOTICE OF WITHDRAWAL OF COUNSEL of Joni Ostler filed by Joni Ostler on behalf of Utah Division of Consumer Protection (Ostler, Joni)
November 24, 2021 Opinion or Order Filing 297 NOTICE OF CONVENTIONAL FILING of EXHIBITS by Plaintiffs Federal Trade Commission, Utah Division of Consumer Protection re #295 Notice of Conventional Filing. The DVD (Sentencing Exhibit) was not entered on the docket due to (size, file type, CD, DVD, etc) and will be retained in a case file folder in the Clerk's Office while the case is active, and according to the retention schedule set forth by the Judicial Conference thereafter. (jl)
November 24, 2021 Opinion or Order Filing 296 MOTION to Seal and Memorandum in Support re #285 Memorandum in Opposition to Motion,,, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit REDACTED Opposition Ex. 13) Motions referred to Daphne A. Oberg.(Baldridge, J.)
November 24, 2021 Opinion or Order Filing 295 NOTICE OF CONVENTIONAL FILING of Audio and Video Exhibits to ECF No. 292 (PX 84 Exs. S, DD, EE, and HH) filed by Plaintiff Federal Trade Commission re #292 Memorandum in Opposition to Motion,,,,,, (Miller, Christopher)
November 24, 2021 Opinion or Order Filing 294 **SEALED DOCUMENT** re #292 Memorandum in Opposition to Motion,,,,,, #293 Plaintiff's MOTION for Leave to File Sealed Document re #292 Memorandum in Opposition to Motion,,,,,, filed by Plaintiff Federal Trade CommissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit PX 84 Pt. 1 of 3 Michael Marino Declaration, #2 Exhibit PX 84 Pt. 2 of 3 Michael Marino Declaration, #3 Exhibit PX 84 Pt. 3 of 3 Michael Marino Declaration)(Miller, Christopher)
November 24, 2021 Opinion or Order Filing 293 Plaintiff's MOTION for Leave to File Sealed Document re #292 Memorandum in Opposition to Motion,,,,,, filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Miller, Christopher)
November 24, 2021 Opinion or Order Filing 292 Redacted MEMORANDUM in Opposition re #270 MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Appendix Exhibit Index, #2 Exhibit PX 61 Defs' Am Resps to Pls' First Interrogatories, #3 Exhibit PX 62 Verification to Defs' Am Resps to Pls' First Interrogatories, #4 Exhibit PX 63 Consumer Burkholder Testimony, #5 Exhibit PX 64 Brian Cadman Testimony, #6 Exhibit PX 65 Lois Greisman Testimony, #7 Exhibit PX 66 Gian Improta Testimony, #8 Exhibit PX 67 William Knowlton Testimony, #9 Exhibit PX 68 Peter Marinello Testimony, #10 Exhibit PX 69 Consumer Ruby Testimony, #11 Exhibit PX 70 Dotan Weinman Testimony, #12 Exhibit PX 71 Initial Report of Douglas Pollock, #13 Exhibit PX 72 Suppl. Report of Douglas Pollock, #14 Exhibit PX 73 Consumer Adiwidjaja Declaration, #15 Exhibit PX 74 Consumer Albertson Declaration, #16 Exhibit PX 75 Consumer Cortes Declaration, #17 Exhibit PX 76 Consumer Enterline Declaration, #18 Exhibit PX 77 Consumer Gilbert Declaration, #19 Exhibit PX 78 Consumer J. Gonzalez Declaration, #20 Exhibit PX 79 Consumer Kral Declaration, #21 Exhibit PX 80 Consumer Nicsinger Declaration, #22 Exhibit PX 81 Consumer Page Declaration, #23 Exhibit PX 82 Consumer Stratton Declaration, #24 Exhibit PX 83 Daniel Larsen Declaration Exhibits, #25 Exhibit PX 84 Pt. 1 of 3 Michael Marino Declaration, #26 Exhibit PX 84 Pt. 2 of 3 Michael Marino Declaration, #27 Exhibit PX 84 Pt. 3 of 3 Michael Marino Declaration)(Miller, Christopher)
November 24, 2021 Opinion or Order Filing 291 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Miller, Christopher)
November 24, 2021 Opinion or Order Filing 290 ORDER granting #286 Motion for Leave to File Sealed Document. Signed by Judge David Barlow on 11/24/2021. (jl)
November 24, 2021 Opinion or Order Filing 289 ORDER granting #284 Motion for Leave to File Excess Pages. Defendants are permitted to file their Opposition to the Plaintiffs' Motion for Summary Judgment with an additional 33 pages. Signed by Judge David Barlow on 11/24/2021. (jl)
November 24, 2021 Opinion or Order Filing 288 Motions No Longer Referred: #286 MOTION for Leave to File Sealed Document re #285 Memorandum in Opposition to Motion, #284 MOTION for Leave to File Excess Pages and Memorandum in Support. District Judge will rule on motions. (ep)
November 23, 2021 Opinion or Order Filing 287 **SEALED DOCUMENT** re #285 Memorandum in Opposition to Motion,,, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott YanceyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit Opposition EX 2, #2 Exhibit Opposition EX 4, #3 Exhibit Opposition EX 7, #4 Exhibit Opposition EX 14, #5 Exhibit Opposition EX 18)(Baldridge, J.)
November 23, 2021 Opinion or Order Filing 286 MOTION for Leave to File Sealed Document re #285 Memorandum in Opposition to Motion,,, filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
November 23, 2021 Opinion or Order Filing 285 Redacted MEMORANDUM in Opposition re #265 Redacted MOTION for Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Appendix Appendix of Exhibits, #2 Exhibit EX 1, #3 Exhibit REDACTED EX 2, #4 Exhibit EX 3, #5 Exhibit REDACTED EX 4, #6 Exhibit EX 5, #7 Exhibit EX 6, #8 Exhibit REDACTED EX 7, #9 Exhibit EX 8, #10 Exhibit EX 9, #11 Exhibit EX 10, #12 Exhibit EX 11, #13 Exhibit EX 12, #14 Exhibit EX 13, #15 Exhibit REDACTED EX 14, #16 Exhibit EX 15, #17 Exhibit EX 16, #18 Exhibit EX 17, #19 Exhibit REDACTED EX 18, #20 Exhibit EX 19)(Baldridge, J.)
November 23, 2021 Opinion or Order Filing 284 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
November 16, 2021 Opinion or Order Filing 283 ERRATA to #270 MOTION for Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey Errata Exhibit 16. (Baldridge, J.)
October 28, 2021 Opinion or Order Filing 282 ORDER granting #279 Motion for Leave to File Sealed Document. Signed by Judge David Barlow on 10/28/2021. (jl)
October 28, 2021 Opinion or Order Filing 281 Motions No Longer Referred: #279 MOTION for Leave to File Sealed Document re #265 Redacted MOTION for Summary Judgment and Memorandum in Support. District Judge will rule on motion. (ep)
October 28, 2021 Opinion or Order Filing 280 **SEALED DOCUMENT** re #265 Redacted MOTION for Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott YanceyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit PX5, #2 Exhibit PX59U, #3 Exhibit PX59AA, #4 Exhibit PX59AB, #5 Exhibit PX59AC, #6 Exhibit PX59AD, #7 Exhibit PX59AE, #8 Exhibit PX59AF, #9 Exhibit PX59AG, #10 Exhibit PX59AH, #11 Exhibit PX59BG, #12 Exhibit PX59BN, #13 Exhibit PX59CG)(Baldridge, J.)
October 28, 2021 Opinion or Order Filing 279 MOTION for Leave to File Sealed Document re #265 Redacted MOTION for Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Exhibit REDACTED PX4, #3 Exhibit REDACTED PX5, #4 Exhibit REDACTED PX59U, #5 Exhibit REDACTED PX59AA, #6 Exhibit REDACTED PX59AB, #7 Exhibit REDACTED PX59AC, #8 Exhibit REDACTED PX59AD, #9 Exhibit REDACTED PX59AE, #10 Exhibit REDACTED PX59AF, #11 Exhibit REDACTED PX59AG, #12 Exhibit REDACTED PX59AH, #13 Exhibit REDACTED PX59BG, #14 Exhibit REDACTED PX59BN, #15 Exhibit REDACTED PX59CG) Motions referred to Daphne A. Oberg.(Baldridge, J.)
October 27, 2021 Opinion or Order Filing 278 DOCKET TEXT ORDER denying #271 Motion for Leave to File Sealed Document. Defendants seeks leave to file under seal Exhibit 65 to its 270 Motion for Summary Judgment, solely on the basis of the Division's designation of the document as "confidential." The Division has not filed a separate motion to seal as required to maintain the document under seal pursuant to DUCivR 5-3(b)(2)(C)(i). Accordingly, Defendants' motion is DENIED and Exhibit 65 shall be unsealed. Signed by Judge David Barlow on 10/27/2021. No attached document. (ep)
October 19, 2021 Opinion or Order Filing 276 ORDER granting #269 Motion for Leave to File Excess Pages. Defendants are permitted to file their Motion for Summary Judgment with an additional 11 pages. Signed by Judge David Barlow on 10/19/2021. (jl)
October 19, 2021 Opinion or Order Filing 275 ORDER granting #266 Motion for Leave to File Sealed Document. Signed by Judge David Barlow on 10/19/2021. (jl)
October 19, 2021 Opinion or Order Filing 274 ORDER granting #264 Motion for Leave to File Excess Pages. Plaintiffs are permitted to file their Motion for Summary Judgment with an additional 33 pages. Signed by Judge David Barlow on 10/19/2021. (jl)
October 19, 2021 Opinion or Order Filing 273 Motions No Longer Referred: #271 MOTION for Leave to File Sealed Document re #270 MOTION for Summary Judgment and Memorandum in Support , #264 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support , #269 MOTION for Leave to File Excess Pages and Memorandum in Support , #266 Plaintiff's MOTION for Leave to File Sealed Document re #265 Redacted MOTION for Summary Judgment and Memorandum in Support. District Judge will rule on motions. (ep)
October 18, 2021 Opinion or Order Filing 277 EXHIBITS filed by Federal Trade Commission, Utah Division of Consumer Protection re #268 Notice of Conventional Filing. The DVD were not entered on the docket due to (size, file type, CD, DVD, etc) and will be retained in a case file folder in the Clerk's Office while the case is active and according to the retention schedule set forth by the Judicial Conference thereafter. (jl)
October 18, 2021 Opinion or Order Filing 272 UNSEALED**SEALED DOCUMENT** re #270 MOTION for Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott YanceyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Baldridge, J.) Modified by unsealing per 278 DOCKET TEXT ORDER on 10/29/2021 (jl).
October 18, 2021 Opinion or Order Filing 271 MOTION for Leave to File Sealed Document re #270 MOTION for Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
October 18, 2021 Opinion or Order Filing 270 MOTION for Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Appendix Exhibit Appendix, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7, #9 Exhibit Exhibit 8, #10 Exhibit Exhibit 9, #11 Exhibit Exhibit 10, #12 Exhibit Exhibit 11, #13 Exhibit Exhibit 12, #14 Exhibit Exhibit 13, #15 Exhibit Exhibit 14, #16 Exhibit Exhibit 15, #17 Exhibit Exhibit 16A, #18 Exhibit Exhibit 16B, #19 Exhibit Exhibit 16C, #20 Exhibit Exhibit 16D, #21 Exhibit Exhibit 16E, #22 Exhibit Exhibit 16F, #23 Exhibit Exhibit 16G, #24 Exhibit Exhibit 16H, #25 Exhibit Exhibit 16I, #26 Exhibit Exhibit 16J, #27 Exhibit Exhibit 17, #28 Exhibit Exhibit 18, #29 Exhibit Exhibit 19, #30 Exhibit Exhibit 20, #31 Exhibit Exhibit 21, #32 Exhibit Exhibit 22, #33 Exhibit Exhibit 23, #34 Exhibit Exhibit 24, #35 Exhibit Exhibit 25, #36 Exhibit Exhibit 26, #37 Exhibit Exhibit 27, #38 Exhibit Exhibit 28, #39 Exhibit Exhibit 29, #40 Exhibit Exhibit 30, #41 Exhibit Exhibit 31, #42 Exhibit Exhibit 32, #43 Exhibit Exhibit 33, #44 Exhibit Exhibit 34, #45 Exhibit Exhibit 35, #46 Exhibit Exhibit 36, #47 Exhibit Exhibit 37, #48 Exhibit Exhibit 38, #49 Exhibit Exhibit 39, #50 Exhibit Exhibit 40, #51 Exhibit Exhibit 41, #52 Exhibit Exhibit 42, #53 Exhibit Exhibit 43, #54 Exhibit Exhibit 44, #55 Exhibit Exhibit 45, #56 Exhibit Exhibit 46, #57 Exhibit Exhibit 47, #58 Exhibit Exhibit 48, #59 Exhibit Exhibit 49, #60 Exhibit Exhibit 50, #61 Exhibit Exhibit 51, #62 Exhibit Exhibit 52, #63 Exhibit Exhibit 53, #64 Exhibit Exhibit 54, #65 Exhibit Exhibit 55, #66 Exhibit Exhibit 56, #67 Exhibit Exhibit 57, #68 Exhibit Exhibit 58, #69 Exhibit Exhibit 59, #70 Exhibit Exhibit 60, #71 Exhibit Exhibit 61, #72 Exhibit Exhibit 62, #73 Exhibit Exhibit 63, #74 Exhibit Exhibit 64, #75 Exhibit REDACTED Exhibit 65, #76 Exhibit Exhibit 66, #77 Exhibit Exhibit 67, #78 Exhibit Exhibit 68, #79 Exhibit Exhibit 69, #80 Exhibit Exhibit 70, #81 Exhibit Exhibit 71, #82 Exhibit Exhibit 72, #83 Exhibit Exhibit 73)(Baldridge, J.)
October 18, 2021 Opinion or Order Filing 269 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
October 18, 2021 Opinion or Order Filing 268 NOTICE OF CONVENTIONAL FILING of Audio and Video File Exhibits to Plaintiffs' Motion for Summary Judgment Against All Defendants filed by Plaintiff Federal Trade Commission re #265 Redacted MOTION for Summary Judgment and Memorandum in Support (Miller, Christopher)
October 18, 2021 Opinion or Order Filing 267 **SEALED DOCUMENT** re #265 Redacted MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Federal Trade CommissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Exhibit PX 4 Defendants' Second Amended Response to Interrogatory 2, #2 Exhibit PX 5 Defendants' Responses to Interrogatories 12, 14, 15, 17, 18, 19, #3 Exhibit PX 59 Pt. 1 of 2 Michael Marino Declaration, #4 Exhibit PX 59 Pt. 2 of 2 Michael Marino Declaration)(Miller, Christopher)
October 18, 2021 Opinion or Order Filing 266 Plaintiff's MOTION for Leave to File Sealed Document re #265 Redacted MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order, #2 Exhibit A -- Summary of Plaintiffs' Sealing Requests) Motions referred to Daphne A. Oberg.(Miller, Christopher)
October 18, 2021 Opinion or Order Filing 265 Redacted MOTION for Summary Judgment and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order, #2 Appendix Appendix Exhibit Index, #3 Exhibit PX 1 Nudge Defendants' Answer, #4 Exhibit PX 2 Celebrity Defendants' Answer, #5 Exhibit PX 3 Defs Am Resp Interrogatory No. 2, #6 Exhibit PX 4 Defs 2d Am Resp Interrogatory No. 2, #7 Exhibit PX 5 Defs Resps Interrogatory Nos. 12, 14, 15, 17, 18, 19, #8 Exhibit PX 6 Defs Am Resps Third Set of Interrogatories, #9 Exhibit PX 7 Brandon Lewis Testimony, #10 Exhibit PX 8 Ryan Poelman Testimony, #11 Exhibit PX 9 Ryan Poelman 30(b)(6) Testimony, #12 Exhibit PX 10 Phil Smith Testimony, #13 Exhibit PX 11 Shawn Finnegan Testimony, #14 Exhibit PX 12 Clint Sanderson Testimony, #15 Exhibit PX 13 Dean Graziosi Testimony, #16 Exhibit PX 14 Scott Yancey Testimony, #17 Exhibit PX 15 Alfred Touchet Testimony, #18 Exhibit PX 16 Chris Brown Testimony, #19 Exhibit PX 17 Randy Brown Testimony, #20 Exhibit PX 18 Che Oliver Testimony, #21 Exhibit PX 19 Casey Poppinga Testimony, #22 Exhibit PX 20 Brian Sowers Testimony, #23 Exhibit PX 21 Paul Habibi Testimony, #24 Exhibit PX 22 Report of Brian Sowers, #25 Exhibit PX 23 Report of Paul Habibi, #26 Exhibit PX 24 Report of Dr. Bruce Isaacson, #27 Exhibit PX 25 Initial Report of Teo Nicolais, #28 Exhibit PX 26 Revised Supplemental Report of Teo Nicolais, #29 Exhibit PX 27 Report of Patrick McAlvanah, #30 Exhibit PX 28 Supplemental Report of Patrick McAlvanah, #31 Exhibit PX 29 Ryan Poelman Declaration, #32 Exhibit PX 30 Phil Smith Declaration, #33 Exhibit PX 31 Clint Sanderson Declaration, #34 Exhibit PX 32 Chris Brown Declaration, #35 Exhibit PX 33 Nathan Street Declaration, #36 Exhibit PX 34 Duane Ortega Declaration, #37 Exhibit PX 35 Nedal Makarem Declaration, #38 Exhibit PX 36 Peter Marinello Declaration, #39 Exhibit PX 37 Consumer Ashlock Declaration, #40 Exhibit PX 38 Consumer Bernabe Declaration, #41 Exhibit PX 39 Consumer Gonzalez Declaration, #42 Exhibit PX 40 Consumer Smith Declaration, #43 Exhibit PX 41 Consumer Clark Declaration, #44 Exhibit PX 42 Consumer Savage Declaration, #45 Exhibit PX 43 Consumer Lieberman Declaration, #46 Exhibit PX 44 Consumer Pizzella Declaration, #47 Exhibit PX 45 Consumer Chen Declaration, #48 Exhibit PX 46 Consumer Erickson Declaration, #49 Exhibit PX 47 Consumer Hall Declaration, #50 Exhibit PX 48 Consumer Kling Declaration, #51 Exhibit PX 49 Consumer Proudlove Declaration, #52 Exhibit PX 50 Consumer Eaton Declaration, #53 Exhibit PX 51 Consumer Holland Declaration, #54 Exhibit PX 52 Consumer Holiday Declaration, #55 Exhibit PX 53 Consumer Norris Declaration, #56 Exhibit PX 54 Consumer Schultz Declaration, #57 Exhibit PX 55 Consumer Baisley Declaration, #58 Exhibit PX 56 Patrick McAlvanah Declaration, #59 Exhibit PX 57 Pt. 1 of 2 Daniel Larsen Declaration, #60 Exhibit PX 57 Pt. 2 of 2 Daniel Larsen Declaration, #61 Exhibit PX 58 Florence Hogan Declaration, #62 Exhibit PX 59 Pt. 1 of 2 Michael Marino Declaration, #63 Exhibit PX 59 Pt. 2 of 2 Michael Marino Declaration, #64 Exhibit PX 60 Supplemental Daniel Larsen Declaration)(Miller, Christopher)
October 18, 2021 Opinion or Order Filing 264 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Miller, Christopher)
October 15, 2021 Opinion or Order Filing 263 ORDER denying #261 Motion for Leave to File Excess Pages. Signed by Judge David Barlow on 10/15/2021. (jl)
October 15, 2021 Opinion or Order Filing 262 Motions No Longer Referred: #261 Joint MOTION for Leave to File Excess Pages and Memorandum in Support Joint MOTION to Expedite consideration of the joint motion and Memorandum in Support. District Judge will rule on motion. (ep)
October 14, 2021 Opinion or Order Filing 261 Joint MOTION for Leave to File Excess Pages and Memorandum in Support , Joint MOTION to Expedite consideration of the joint motion and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order Granting Joint Motion to Exceed Page Limits) Motions referred to Daphne A. Oberg.(Jagadish, Vikram)
September 29, 2021 Opinion or Order Set/Reset Deadlines: Motions due by 10/18/2021 and Scheduling Conference set for 10/13/2021 at 2:45 pm terminated per #253 . (jl)
September 28, 2021 Opinion or Order Filing 260 NOTICE: The court received a bounce-back notification and returned mail indicating that the primary email address [email protected], for attorney Christopher Paul Mader and mailing address are invalid. Under DUCivR 83-1.2(e) and 83-1.3(e), attorneys must maintain valid and current contact information in PACER and with the court. Consistent with the CM/ECF Procedures Manual, the court has inactivated the attorneys efiling privileges. When the attorney updates their contact information in PACER, the court will reactivate their efiling privileges. Instructions for updating an address can be found at https://www.utd.uscourts.gov/update-your-address-court. (nl)
September 27, 2021 Opinion or Order Filing 259 Mail Returned as Undeliverable re #254 . Mail sent to Christopher Paul Mader. (jl)
September 20, 2021 Opinion or Order Filing 258 **SEALED DOCUMENT** re #256 Amended Answer to Complaint, #257 MOTION for Leave to File Sealed Document re #256 Amended Answer to Complaint filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. SmithNOTE: Filer is instructed to serve the sealed document on all other parties.. (Baldridge, J.)
September 20, 2021 Opinion or Order Filing 257 MOTION for Leave to File Sealed Document re #256 Amended Answer to Complaint filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
September 20, 2021 Opinion or Order Filing 256 AMENDED ANSWER to #171 Amended Complaint Redacted filed by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Baldridge, J.)
September 20, 2021 Opinion or Order Filing 255 ORDER granting #247 Motion to Amend/Correct/Leave to file Amended Answer to Plaintiff's First Amended Complaint by 10/1/21. Signed by Magistrate Judge Daphne A. Oberg on 9/20/21. (alf)
September 15, 2021 Opinion or Order Filing 254 MEMORANDUM DECISION and Order granting #222 Motion for Partial Summary Judgment. Signed by Judge David Barlow on 09/15/2021. (jl)
September 15, 2021 Opinion or Order Filing 253 Third Amended Scheduling ORDER re #252 Motion for Amended Scheduling Order. See order for deadlines. The court DENIES the motion to the extent is seeks to extend the page-limit requirements as premature. However, the denial is without prejudice. If needed, the parties may later move to extend the page limits for specific filings. Signed by Magistrate Judge Daphne A. Oberg on 09/15/2021. (jl)
September 9, 2021 Opinion or Order Filing 252 Joint MOTION for Amended Scheduling Order and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
September 1, 2021 Opinion or Order Filing 251 Sur-reply REPLY to Response to Motion re #239 Supplemental MOTION to Exclude New Expert Report of Patrick McAlvanah and to Exclude New Expert Report of Teo Nicolais and Memorandum in Support , #238 MOTION to Exclude Supplemental Expert Report of Patrick McAlvanah and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Exhibit A)(Lubetzky, Darren)
August 31, 2021 Opinion or Order Filing 250 DOCKET TEXT ORDER granting #249 Plaintiffs' Motion for Leave to File Surreply. Plaintiffs may file the surreply in the form at Doc. No. 249-1 by September 14, 2021. Signed by Magistrate Judge Daphne A. Oberg on 8/31/2021. No attached document. (eh)
August 31, 2021 Opinion or Order Deadlines/Hearings terminated. Scheduling/Status Conference set at #184 for 9/8/2021 at 02:45 PM in Rm 8.100 before Judge David Barlow is terminated based on new scheduling order entered at #228 . (tcs)
August 27, 2021 Opinion or Order Filing 249 Plaintiff's MOTION for Leave to File Surreply to Defendants' Motions to Exclude Expert Reports and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Proposed Surreply, #2 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lubetzky, Darren)
August 16, 2021 Opinion or Order Filing 248 Mail Returned as Undeliverable re #240 . Mail sent to Christopher Paul Mader. (jl)
August 13, 2021 Opinion or Order Filing 247 MOTION to Amend/Correct #192 Sealed Document, #191 Answer to Amended Complaint and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit Exhibit 1 - 08/13/21 Email, #2 Exhibit Attachment A - Proposed Amended Answer, #3 Exhibit Attachment B - Redlined Proposed Amended Answer) Motions referred to Daphne A. Oberg.(Baldridge, J.)
August 12, 2021 Opinion or Order Filing 246 REPLY to Response to Motion re #239 Supplemental MOTION to Exclude New Expert Report of Patrick McAlvanah and to Exclude New Expert Report of Teo Nicolais and Memorandum in Support , #238 MOTION to Exclude Supplemental Expert Report of Patrick McAlvanah and Memorandum in Support filed by Defendants Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Baldridge, J.)
August 9, 2021 Opinion or Order Filing 245 MOTION for Leave to File Sealed Document re #243 Answer to Amended Complaint filed by Defendants Dean Graziosi, Scott Yancey. Motions referred to Daphne A. Oberg.(Christiansen, G.)
August 9, 2021 Opinion or Order Filing 244 **SEALED DOCUMENT** re #243 Answer to Amended Complaint filed by Defendants Dean Graziosi, Scott YanceyNOTE: Filer is instructed to serve the sealed document on all other parties.. (Christiansen, G.)
August 9, 2021 Opinion or Order Filing 243 ANSWER to #171 Amended Complaint with Jury Demand filed by Dean Graziosi, Scott Yancey.(Christiansen, G.)
July 28, 2021 Opinion or Order Filing 242 Plaintiff's RESPONSE to Motion re #239 Supplemental MOTION to Exclude New Expert Report of Patrick McAlvanah and to Exclude New Expert Report of Teo Nicolais and Memorandum in Support , #238 MOTION to Exclude Supplemental Expert Report of Patrick McAlvanah and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Email from Plaintiffs' Counsel)(Lubetzky, Darren)
July 26, 2021 Opinion or Order Filing 241 Mail Returned as Undeliverable. Mail sent to Christopher Paul Mader re #234 . (jl)
July 26, 2021 Opinion or Order Filing 240 MEMORANDUM DECISION and Order denying #193 Motion to Dismiss for Failure to State a Claim. Signed by Judge David Barlow on 07/26/2021. (jl)
July 22, 2021 Opinion or Order Filing 239 Supplemental MOTION to Exclude New Expert Report of Patrick McAlvanah and to Exclude New Expert Report of Teo Nicolais and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4) Motions referred to Daphne A. Oberg.(Baldridge, J.)
July 19, 2021 Opinion or Order Filing 238 MOTION to Exclude Supplemental Expert Report of Patrick McAlvanah and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3) Motions referred to Daphne A. Oberg.(Baldridge, J.)
July 16, 2021 Opinion or Order Filing 236 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of COURT'S RULING held on 07/09/2021 before Judge Barlow. Court Reporter/Transcriber KELLY BROWN HICKEN, RPR, RMR, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/6/2021. Redacted Transcript Deadline set for 8/16/2021. Release of Transcript Restriction set for 10/14/2021. (jl) Modified to remove restricted text on 10/14/2021 (jl).
July 12, 2021 Opinion or Order Filing 235 DOCKET TEXT ORDER: Nudge Defendant's Motion for Leave to File Under Seal #231 states one basis for seeking to file the document at issue under seal is because it contains information that the Utah Division of Consumer Protection designated as "Confidential." Accordingly, if the Utah Division of Consumer Protection seeks to have the document sealed, it must comply with DUCivR 5-3(b)(2)(C)(i) ("[I]f the sole basis for proposing that the Document be sealed is that another party designated it as confidential or for attorneys eyes only, then so state that reason in the motion. If the designating party seeks to have the Document sealed, the designating party must file a Motion for Leave to File Under Seal in accordance with DUCivR 5-3(b)(2) within seven (7) days of service of the motion. If the designating party does not file a motion within seven (7) days, the original motion may be denied, and the Document may be unsealed without further notice."). No attached document. Signed by Magistrate Judge Daphne A. Oberg on 7/12/2021. (eh)
July 9, 2021 Opinion or Order Filing 234 ORDER denying #186 Motion for Partial Summary Judgment and denying #199 Motion for Partial Summary Judgment. Signed by Judge David Barlow on 07/09/2021. (jl)
July 9, 2021 Opinion or Order Filing 233 Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 7/9/2021 re #186 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Utah Division of Consumer Protection, #199 Cross MOTION for Partial Summary Judgment and Memorandum in Support filed by Brandon B. Lewis, Phillip W. Smith, Nudge LLC, Response Marketing Group, Ryan C. Poelman, BuyPD, Shawn L. Finnegan, Clint R. Sanderson. Discussion and argument heard on the motions. For the reasons stated on the record, both motions are DENIED. Attorney for Plaintiff: Thomas M. Melton, Attorney for Defendant: Leonard L. Gordon. Court Reporter: Kelly Hicken.(tcs)
July 9, 2021 Opinion or Order Filing 232 **SEALED DOCUMENT** re #230 Notice (Other), filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. SmithNOTE: Filer is instructed to serve the sealed document on all other parties.. (Baldridge, J.)
July 9, 2021 Opinion or Order Filing 231 MOTION for Leave to File Sealed Document re #230 Notice (Other), Supplemental Exhibit filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
July 9, 2021 Opinion or Order Filing 230 NOTICE of Supplemental Exhibit by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith re #218 Reply Memorandum/Reply to Response to Motion, #198 Memorandum in Opposition to Motion,, #199 Cross MOTION for Partial Summary Judgment and Memorandum in Support (Attachments: #1 Exhibit Supplemental Exhibit 1 REDACTED VERSION) (Baldridge, J.)
July 1, 2021 Opinion or Order Filing 229 AMENDED NOTICE OF HEARING ON MOTION re: #199 Cross MOTION for Partial Summary Judgment and Memorandum in Support, #186 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support: Motion Hearing set via Zoom for 7/9/2021 at 01:30 PM in Rm 8.300 before Judge David Barlow.***NOTE: The only change is that the hearing will be conducted via Zoom instead of in person.*** The court will e-mail Zoom hearing instructions to counsel and the court reporter. Members of the public or media who wish to attend should contact [email protected] at least 24 hours in advance of the hearing to request hearing instructions. (tcs)
June 29, 2021 Opinion or Order Filing 228 Second Amended Scheduling ORDER re #227 Motion for Amended Scheduling Order. Discovery due by 8/31/2021. Motions due by 10/4/2021. Scheduling Conference set for 10/13/2021 at 02:45 PM in Rm 8.100 before Judge David Barlow. See order for other deadlines. Signed by Magistrate Judge Daphne A. Oberg on 06/28/2021. (jl)
June 28, 2021 Opinion or Order Filing 227 Joint MOTION for Amended Scheduling Order and Memorandum in Support (Second Amended Scheduling Order) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Miller, Christopher)
June 22, 2021 Opinion or Order Filing 226 NOTICE OF HEARING ON MOTIONS re: #186 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support; #199 Cross MOTION for Partial Summary Judgment and Memorandum in Support: Motions Hearing set for 7/9/2021 at 01:30 PM in Rm 8.300 before Judge David Barlow. (tcs)
June 16, 2021 Opinion or Order Filing 225 REPLY to Response to Motion re #222 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Munoz, Michael)
June 2, 2021 Opinion or Order Filing 224 RESPONSE to Motion re #222 MOTION for Partial Summary Judgment and Memorandum in Support as to Relief Under Section 13(b) and BODA filed by Plaintiff Utah Division of Consumer Protection. (Ostler, Joni)
June 2, 2021 Opinion or Order Filing 223 Plaintiff's RESPONSE to Motion re #222 MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Lubetzky, Darren)
May 5, 2021 Opinion or Order Filing 222 MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Appendix Exhibit Appendix, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3)(Baldridge, J.)
March 8, 2021 Opinion or Order Filing 221 Mail Returned as Undeliverable. Mail sent to Mr. Mader. (jrj)
March 8, 2021 Opinion or Order Filing 220 Mail Returned as Undeliverable. Mail sent to Mr. Mader. (jrj)
March 8, 2021 Opinion or Order Filing 219 Mail Returned as Undeliverable. Mail sent to Mr. Mader. (jrj)
March 4, 2021 Opinion or Order Filing 218 REPLY to Response to Motion re #199 Cross MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Baldridge, J.)
March 2, 2021 Opinion or Order Filing 217 REPLY to Response to Motion re #193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Dean Graziosi, Scott Yancey. (Attachments: #1 Exhibit Exhibit 1)(Baldridge, J.)
February 24, 2021 Opinion or Order Filing 215 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Recorded Zoom Motion Hearing held on 2/18/21 before Judge Daphne Oberg. Court Reporter/Transcriber Kelly Hicken, Telephone number 801-521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/17/2021. Redacted Transcript Deadline set for 3/29/2021. Release of Transcript Restriction set for 5/25/2021. (alf) Modified to remove restricted text on 5/25/2021 (jl).
February 18, 2021 Opinion or Order Filing 214 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFF UTAH DIVISION OF CONSUMER PROTECTIONS SHORT-FORM MOTION FOR PROTECTIVE ORDER RE DEFENDANTS' 30(b)(6) DEPOSITION TOPICS 5 & 25 - granting in part and denying in part #204 Motion for Short Term Discovery; terminating #204 Motion to Expedite. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 2/18/21. (jrj)
February 18, 2021 Opinion or Order Filing 213 Minute Entry for proceedings held before Magistrate Judge Daphne A. Oberg: Motion Hearing held on 2/18/2021 re #204 Plaintiff's MOTION for Short Form Discovery re: Protective Order Re Deposition Topics 5 & 25 Plaintiff's MOTION to Expedite Short-Form Discovery Motion and Memorandum in Support filed by Utah Division of Consumer Protection. All parties are present via zoom. The court hears argument from the parties. After a short recess the court grants in part and denies in part the motion as stated on the record. The court will file a written order. Attorney for Plaintiff: Thomas Melton, Darren Lubetzky, Attorney for Defendant: Len Gordon. Court Reporter: Electronic-via Zoom.(Time Start: 10:30, Time End: 11:17, Room Chambers.)(las)
February 16, 2021 Opinion or Order Filing 212 Plaintiff's RESPONSE to Motion re #193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Jagadish, Vikram)
February 12, 2021 Opinion or Order Filing 211 AMENDED ORDER Setting Hearing on Motion #204 Plaintiff's MOTION for Short Form Discovery re: Protective Order Re Deposition Topics 5 & 25 Plaintiff's MOTION to Expedite Short-Form Discovery Motion and Memorandum in Support : Motion Hearing set for 2/18/2021 at 10:30 AM in Judges Chambers before Magistrate Judge Daphne A. Oberg. Amended to show the correct Judge the hearing is in front of. Zoom information will be emailed to counsel and available on Judge Oberg's calendar the day before the hearing. Signed by Magistrate Judge Daphne A. Oberg on 2/12/2021. (las)
February 11, 2021 Opinion or Order Filing 210 ORDER Setting Zoom Hearing on Motion #204 Plaintiff's MOTION for Short Form Discovery re: Protective Order Re Deposition Topics 5 & 25 Plaintiff's MOTION to Expedite Short-Form Discovery Motion and Memorandum in Support : Motion Hearing set for 2/18/2021 at 10:30 AM in Judges Chambers before Judge David Barlow. Zoom information will be emailed to counsel and available on Judge Oberg's calendar a day before the hearing. Signed by Magistrate Judge Daphne A. Oberg on 2/11/2021. (las)
February 11, 2021 Opinion or Order Filing 209 MEMORANDUM in Opposition re #204 Plaintiff's MOTION for Short Form Discovery re: Protective Order Re Deposition Topics 5 & 25 Plaintiff's MOTION to Expedite Short-Form Discovery Motion and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Dean Graziosi, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith, Scott Yancey. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
February 9, 2021 Opinion or Order Filing 208 ORDER granting #205 Motion for Entry of Order to Modify Injunction. Signed by Judge David Barlow on 02/09/2021. (kpf)
February 9, 2021 Opinion or Order Filing 207 Motions No Longer Referred: #205 MOTION for Entry of Order Based on Stipulation. (sds)
February 8, 2021 Opinion or Order Filing 206 Plaintiff's REPLY to Response to Motion re #186 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support of Motion for Partial Summary Judgment on CSPA Claim filed by Plaintiff Utah Division of Consumer Protection. (Attachments: #1 Appendix Appendix of Exhibits in Support of Utah Division of Consumer Protection's Motion for Partial Summary Judgment on CSPA Claim)(Ostler, Joni)
February 8, 2021 Opinion or Order Filing 205 MOTION for Entry of Order Based on Stipulation filed by Intervenor Parties American Estate and Trust DBO Erryl Sloan IRA, American Estate and Trust FBO Rosemary Sloan IRA, E&R Enterprise, Erryl Sloan, Rosemary Sloan. (Attachments: #1 Exhibit) Motions referred to Daphne A. Oberg.(Nickel, Mark)
February 4, 2021 Opinion or Order Filing 204 Plaintiff's MOTION for Short Form Discovery re: Protective Order Re Deposition Topics 5 & 25 , Plaintiff's MOTION to Expedite Short-Form Discovery Motion and Memorandum in Support filed by Plaintiff Utah Division of Consumer Protection. (Attachments: #1 Exhibit Defendants' Amended Fed. R. Civ. P. 30(b)(6) Notice of Deposition to the Utah Division of Consumer Protection) Motions referred to Daphne A. Oberg.(Ostler, Joni)
February 1, 2021 Opinion or Order Filing 203 NOTICE of Appearance by Mark A. Wagner on behalf of BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith (Wagner, Mark)
January 28, 2021 Opinion or Order Filing 202 NOTICE of Appearance by Karen Dahlberg O'Connell on behalf of Federal Trade Commission (O'Connell, Karen)
January 26, 2021 Opinion or Order Filing 201 MEMORANDUM DECISION AND ORDER-denying #152 Motion to Stay ; Motions terminated: #152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases filed by Brandon B. Lewis, Phillip W. Smith, Nudge LLC, Response Marketing Group, Ryan C. Poelman, BuyPD, Shawn L. Finnegan, Clint R. Sanderson. See Order for details. Signed by Judge David Barlow on 1/26/21. (jrj)
January 26, 2021 Opinion or Order Filing 200 STIPULATION by American Estate and Trust DBO Erryl Sloan IRA, American Estate and Trust FBO Rosemary Sloan IRA, E&R Enterprise, Erryl Sloan, Rosemary Sloan. (Nickel, Mark)
January 25, 2021 Opinion or Order Filing 199 Cross MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Baldridge, J.)
January 25, 2021 Opinion or Order Filing 198 MEMORANDUM in Opposition re #186 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Appendix Exhibit Appendix, #2 Exhibit Exhibit 1, #3 Exhibit Exhibit 2, #4 Exhibit Exhibit 3, #5 Exhibit Exhibit 4, #6 Exhibit Exhibit 5, #7 Exhibit Exhibit 6, #8 Exhibit Exhibit 7)(Baldridge, J.)
January 25, 2021 Opinion or Order Filing 197 DOCKET TEXT ORDER granting #196 Defendants' Motion for Leave to File Sealed Document. Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, and Phillip W. Smith seek leave to file under seal the unredacted version of their #191 ANSWER to #171 First Amended Complaint, because the redacted portions contain information the court has previously ordered to be sealed. For good cause shown, the court GRANTS Defendants' motion to seal and ORDERS that the unredacted version of the Answer to First Amended Complaint (Doc. No. 192) shall remained sealed. Signed by Magistrate Judge Daphne A. Oberg on 1/25/2021. No attached document. (med)
January 25, 2021 Opinion or Order Filing 196 MOTION for Leave to File Sealed Document re #191 Answer to Amended Complaint filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
January 22, 2021 Opinion or Order Filing 195 NOTICE of Appearance by G. James Christiansen on behalf of Dean Graziosi, Scott Yancey (Christiansen, G.)
January 20, 2021 Opinion or Order Filing 194 DOCKET TEXT ORDER: Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith filed their #191 Redacted Answer and #192 Sealed Answer without filing a concurrent motion for leave to file under seal as required under DUCivR 5-3. These defendants are ORDERED to file a motion to seal within seven days. If no motion is filed, the sealed document may be stricken. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 1/20/2021. (med)
January 19, 2021 Opinion or Order Filing 193 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Dean Graziosi, Scott Yancey. Attorney J. Douglas Baldridge added to party Dean Graziosi(pty:dft), Attorney J. Douglas Baldridge added to party Scott Yancey(pty:dft)(Baldridge, J.)
January 19, 2021 Opinion or Order Filing 192 **SEALED DOCUMENT** re #191 Answer to Amended Complaint filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. SmithNOTE: Filer is instructed to serve the sealed document on all other parties.. (Mouritsen, Alan)
January 19, 2021 Opinion or Order Filing 191 REDACTED ANSWER to #171 Amended Complaint filed by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith.(Baldridge, J.)
January 12, 2021 Opinion or Order Filing 190 NOTICE OF WITHDRAWAL OF COUNSEL of Laura Zuckerwise filed by Laura Amber Zuckerwise on behalf of Federal Trade Commission (Zuckerwise, Laura)
December 23, 2020 Opinion or Order Filing 189 DOCKET TEXT ORDER GRANTING #188 Motion for Extension of Time to File Response/Reply re #186 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support. Responses due by 1/25/2021. Signed by Magistrate Judge Daphne A. Oberg on 12/23/2020. No attached document. (med)
December 22, 2020 Opinion or Order Filing 188 Stipulated MOTION for Extension of Time to File Response/Reply as to #186 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
December 22, 2020 Opinion or Order Filing 187 THIRD PARTY COMPLAINT in Intervention for Declaratory Relief against All Defendants filed by American Estate and Trust DBO Erryl Sloan IRA, Erryl Sloan, E&R Enterprise, Rosemary Sloan, American Estate and Trust FBO Rosemary Sloan IRA. (Nickel, Mark)
December 21, 2020 Opinion or Order Filing 186 Plaintiff's MOTION for Partial Summary Judgment and Memorandum in Support filed by Plaintiff Utah Division of Consumer Protection. (Attachments: #1 Exhibit A Dan Larsen Declaration)(Ostler, Joni)
December 3, 2020 Opinion or Order Filing 185 DOCKET TEXT ORDER GRANTING #172 Motion for Leave to File Sealed Document. The unredacted version of the First Amended Complaint (Doc. No. 173) shall remain sealed. Signed by Magistrate Judge Daphne A. Oberg on 12/3/2020. No attached document. (med)
December 3, 2020 Opinion or Order Filing 184 FIRST AMENDED SCHEDULING ORDER -granting #181 Motion for Amended Scheduling Order. Expert Discovery due by 7/14/2021. Motions due by 9/2/2021. Scheduling/Status Conference set for 9/8/2021 at 02:45 PM in Rm 8.100 before Judge David Barlow. See Order for further details. Signed by Magistrate Judge Daphne A. Oberg on 12/3/20. (jrj)
December 3, 2020 Opinion or Order Filing 183 DOCKET TEXT ORDER GRANTING #182 Motion for Extension of Time to Answer. The deadline for the Nudge Defendants to answer the #171 First Amended Complaint is extended to 1/19/2021. Signed by Magistrate Judge Daphne A. Oberg on 12/3/2020. No attached document. (med)
December 2, 2020 Opinion or Order Filing 182 Stipulated MOTION for Extension of Time to File Answer re #171 Amended Complaint, #173 Sealed Document, filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Baldridge, J.)
December 2, 2020 Opinion or Order Filing 181 Joint MOTION for Amended Scheduling Order and Memorandum in Support (First Amended Scheduling Order) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Miller, Christopher)
December 1, 2020 Opinion or Order Filing 180 DOCKET TEXT ORDER: To request a change to the Scheduling Order, the parties must file a Motion to Amend Scheduling Order that complies with the District of Utah's civil case scheduling instructions, available at https://www.utd.uscourts.gov/civil-case-scheduling. The Motion to Amend Scheduling Order must include the existing dates and the proposed dates and state good cause for the requested extension(s). No attached document. Signed by Magistrate Judge Daphne A. Oberg on 12/1/2020. (med)
November 30, 2020 Opinion or Order Filing 179 REPORT OF ATTORNEY PLANNING MEETING. (Attachments: #1 Text of Proposed Order)(Miller, Christopher)
November 23, 2020 Opinion or Order Filing 178 MEMORANDUM DECISION AND ORDER-granting #132 Motion to Intervene COUNSEL PLEASE NOTE: The Intervenor Complaint must be filed conventionally. Please include a disk with the complaint and any exhibits in PDF format. ; Motions terminated: #132 MOTION to Intervene filed by E&R Enterprise, Erryl Sloan, American Estate and Trust FBO Rosemary Sloan IRA, Rosemary Sloan, American Estate and Trust DBO Erryl Sloan IRA. See Order for further details. Signed by Judge Daphne ObergDavid Barlow on 11/23/20. (jrj) Modified on 11/24/2020 to correct Judge (jrj).
November 23, 2020 Opinion or Order Filing 177 MEMORANDUM DECISION AND ORDER-granting #168 Motion for Short Term Discovery; granting #168 Motion to Expedite; Motions terminated: #168 MOTION for Short Form Discovery re: Interrogatory Response to Plaintiffs' Interrogatory No. 2 MOTION to Expedite resolution of discovery dispute and Memorandum in Support filed by Federal Trade Commission. For these reasons, the court GRANTS Plaintiffs' motion to compel #168 and ORDERS Defendants to provide the information regarding their income, as requested in Interrogatory No. 2, within thirty (30) days. Signed by Magistrate Judge Daphne A. Oberg on 11/23/20. (jrj)
November 20, 2020 Opinion or Order Filing 176 WAIVER OF SERVICE Returned Executed filed by Federal Trade Commission as to Scott Yancey Waiver sent on 11/18/2020, answer due 1/19/2021. (Lubetzky, Darren)
November 20, 2020 Opinion or Order Filing 175 CERTIFICATE OF SERVICE by Federal Trade Commission re #171 Amended Complaint , WAIVER OF SERVICE Returned Executed filed by Federal Trade Commission as to Dean Graziosi Waiver sent on 11/18/2020, answer due 1/19/2021. (Lubetzky, Darren)
November 20, 2020 Opinion or Order Filing 174 MEMORANDUM DECISION AND ORDER GRANTING IN PART AND DENYING IN PART MOTION FOR PROTECTIVE ORDER AND TO QUASH SUBPOENA DIRECTED TO UTAH ATTORNEY GENERAL SEAN D. REYES #156 -denying #156 Motion for Protective Order; granting #156 Motion to Quash; Motions terminated: #156 MOTION for Protective Order MOTION to Quash Subpoena Directed To Utah Attorney General Sean D. Reyes filed by Sean D. Reyes. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 11/20/20. (jrj)
November 18, 2020 Opinion or Order Filing 173 **SEALED DOCUMENT** re #172 MOTION for Leave to File Sealed Document re #171 Amended Complaint REDACTED, #171 Amended Complaint filed by Plaintiff Federal Trade CommissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Lubetzky, Darren)
November 18, 2020 Opinion or Order Filing 172 MOTION for Leave to File Sealed Document re #171 Amended Complaint REDACTED filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lubetzky, Darren)
November 18, 2020 Opinion or Order Filing 171 AMENDED COMPLAINT REDACTED against All Defendants. New Defendants: Dean Graziosi, Scott Yancey. filed by Federal Trade Commission. (Lubetzky, Darren)
November 17, 2020 Opinion or Order Filing 170 ORDER granting #164 Motion to Amend/Correct to File a First Amended Complaint. Plaintiffs shall file the First Amended Complaint in the form found at Doc. No. 164-1 by November 24, 2020. Once filed on the docket, the First Amended Complaint will be the operative pleading in this case. Signed by Magistrate Judge Daphne A. Oberg on 11/17/20. (jrj)
November 16, 2020 Opinion or Order Filing 169 MEMORANDUM in Opposition re #168 MOTION for Short Form Discovery re: Interrogatory Response to Plaintiffs' Interrogatory No. 2 MOTION to Expedite resolution of discovery dispute and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order Proposed Order)(Baldridge, J.)
November 6, 2020 Opinion or Order Filing 168 MOTION for Short Form Discovery re: Interrogatory Response to Plaintiffs' Interrogatory No. 2, MOTION to Expedite resolution of discovery dispute and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8) Motions referred to Daphne A. Oberg.(Miller, Christopher)
October 2, 2020 Opinion or Order Filing 167 NOTICE of SUPPLEMENTAL AUTHORITY by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith re #163 Notice of Supplemental Authority, #152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases (Second Notice) (Attachments: #1 Exhibit A - FTC v. ABBVIE Inc., et al) (Mouritsen, Alan)
September 15, 2020 Opinion or Order Filing 166 NOTICE of SUPPLEMENTAL AUTHORITY by Federal Trade Commission re #155 Memorandum in Opposition to Motion to Stay (Attachments: #1 Exhibit FTC v Hornbeam opinion, #2 Exhibit FTC v Cardiff opinion) (Lubetzky, Darren)
September 14, 2020 Opinion or Order Filing 165 RESPONSE to Motion re #164 MOTION to Amend/Correct #4 Complaint and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Baldridge, J.)
August 31, 2020 Opinion or Order Filing 164 MOTION to Amend/Correct #4 Complaint and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Attachment A - Proposed First Amended Complaint, #2 Exhibit Attachment B - Proposed First Amended Complaint Redline Compare, #3 Text of Proposed Order Proposed Order) Motions referred to Daphne A. Oberg.(Lubetzky, Darren)
August 21, 2020 Opinion or Order Filing 163 NOTICE of SUPPLEMENTAL AUTHORITY by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith re #152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases (Attachments: #1 Exhibit FTC v. Lending Club Order) (Baldridge, J.)
August 18, 2020 Opinion or Order Filing 162 REPLY to Response to Motion re #156 MOTION for Protective Order MOTION to Quash Subpoena Directed To Utah Attorney General Sean D. Reyes filed by Movant Sean D. Reyes. (Wolf, David)
August 17, 2020 Opinion or Order Filing 161 REPLY to Response to Motion re #152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Baldridge, J.)
August 14, 2020 Opinion or Order Filing 160 ORDER STAYING ENFORCEMENT OF SUBPOENA DIRECTED TO UTAH ATTORNEY GENERAL SEAN D. REYES AND (2) SETTING DEADLINE FOR REPLY - stayed #156 Motion for Protective Order; stayed #156 Motion to Quash. The court further ORDERS that Attorney General Reyes may file a reply in support of the motion on or before 11:59 p.m. on August 18, 2020. Signed by Magistrate Judge Daphne A. Oberg on 8/14/20. (jrj)
August 13, 2020 Opinion or Order Filing 159 MEMORANDUM in Opposition re #156 MOTION for Protective Order MOTION to Quash Subpoena Directed To Utah Attorney General Sean D. Reyes filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit Declaration of William R. Knowlton)(Baldridge, J.)
August 11, 2020 Opinion or Order Filing 158 REPLY to Response to Motion re #152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases in Response to Third-Party Opposition filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Baldridge, J.)
August 11, 2020 Opinion or Order Filing 157 DOCKET TEXT ORDER SETTING BRIEFING SCHEDULE: Any response or opposition to #156 Motion for Protective Order and Motion to Quash Subpoena must be filed by 8/13/2020, 11:59 p.m. No reply permitted unless ordered by the court. No attached document. Signed by Magistrate Judge Daphne A. Oberg on 8/11/2020. (med)
August 10, 2020 Opinion or Order Filing 156 MOTION for Protective Order , MOTION to Quash Subpoena Directed To Utah Attorney General Sean D. Reyes filed by Movant Sean D. Reyes. (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 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Wolf, David) Modified on 11/20/2020-untermed motion (jrj).
August 3, 2020 Opinion or Order Filing 155 MEMORANDUM in Opposition re #152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases filed by Plaintiff Federal Trade Commission. (Lasky, Brian)
July 28, 2020 Opinion or Order Filing 154 RESPONSE to Motion re #152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases filed by Movants American Estate and Trust FBO Rosemary Sloan IRA, E&R Enterprise, Erryl Sloan, Rosemary Sloan. (Nickel, Mark)
July 22, 2020 Opinion or Order Filing 153 Motions No Longer Referred: #152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases (sds)
July 20, 2020 Opinion or Order Filing 152 MOTION to Stay and Memorandum in Support Pending Supreme Court Cases filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit FTC v. Match Plaintiff's Motion for Leave, #2 Exhibit FTC v. AbbVie FTC Letter Dated 6/24/20) Motions referred to Daphne A. Oberg.(Baldridge, J.)
July 13, 2020 Opinion or Order Filing 151 NOTICE of Appearance by Vikram Jagadish on behalf of Federal Trade Commission (Jagadish, Vikram)
July 13, 2020 Opinion or Order Filing 150 ORDER granting #149 Motion for Admission Pro Hac Vice of Attorney William C. Lawrence for BuyPD,William C. Lawrence for Shawn L. Finnegan,William C. Lawrence for Brandon B. Lewis,William C. Lawrence for Nudge LLC,William C. Lawrence for Ryan C. Poelman,William C. Lawrence for Response Marketing Group,William C. Lawrence for Clint R. Sanderson,William C. Lawrence for Phillip W. Smith.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 7/13/20. (jrj)
July 10, 2020 Opinion or Order Filing 149 Defendant's MOTION for Admission Pro Hac Vice of William C. Lawrence , Registration fee $ 250, receipt number AUTDC-3646655,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit A - PHV Application, #2 Exhibit B - Proposed Order)(Mouritsen, Alan)
June 4, 2020 Opinion or Order Filing 148 ORDER granting #146 Motion for Admission Pro Hac Vice of Attorney Christopher Paul Mader for Erryl Sloan,Christopher Paul Mader for Rosemary Sloan.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Judge David Barlow on 6/3/20. (jrj)
June 3, 2020 Opinion or Order Filing 147 REPLY to Response to Motion re #132 MOTION to Intervene filed by Movants Erryl Sloan, Rosemary Sloan. (Nickel, Mark)
June 3, 2020 Opinion or Order Filing 146 MOTION for Admission Pro Hac Vice of Christopher Paul Mader , Registration fee $ 250, receipt number AUTDC-3595647,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Movants Erryl Sloan, Rosemary Sloan. (Attachments: #1 Exhibit Application, #2 Exhibit Registration, #3 Text of Proposed Order)(Nickel, Mark)
June 3, 2020 Opinion or Order Filing 145 ORDER UNSEALING DOC. NO. 138- Because no parties sought an order to keep the settlement agreement under seal within the stated timeframe, the Court orders the Clerk to unseal #138 . re #138 Sealed Document, filed by Federal Trade Commission. Signed by Magistrate Judge Daphne A. Oberg on 6/2/20. (jrj)
May 27, 2020 Opinion or Order Filing 144 STIPULATED PROTECTIVE ORDER GOVERNING CONFIDENTIAL MATERIAL, SENSITIVE PERSONAL INFORMATION, AND UNDERCOVER INFORMATION- Motions granted #142 Stipulated MOTION for Protective Order and Memorandum in Support of Protective Order Governing Confidential Material, Sensitive Personal Information, and Undercover Information filed by Federal Trade Commission. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 5/27/20. (jrj)
May 27, 2020 Opinion or Order Filing 143 STIPULATED ORDER FOR TAKING DEPOSITIONS BY REMOTE MEANS-granting #141 Motion for Discovery of Order for Taking Depositions by Remote Means. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 5/27/20. (jrj)
May 22, 2020 Opinion or Order Filing 142 Stipulated MOTION for Protective Order and Memorandum in Support of Protective Order Governing Confidential Material, Sensitive Personal Information, and Undercover Information filed by Plaintiff Federal Trade Commission. Motions referred to Daphne A. Oberg.(Miller, Christopher)
May 22, 2020 Opinion or Order Filing 141 Stipulated MOTION for Discovery and Memorandum in Support of Order for Taking Depositions by Remote Means filed by Plaintiff Federal Trade Commission. Motions referred to Daphne A. Oberg.(Lasky, Brian)
May 21, 2020 Opinion or Order Filing 140 ORDER GRANTING PLAINTIFFS MOTION TO FILE A SETTLEMENT AGREEMENT TEMPORARILY UNDER SEAL (DOC. NO. 137)-granting #137 Motion to Seal Document #138 Sealed Document. See Order for details. Signed by Magistrate Judge Daphne A. Oberg on 5/21/20. (jrj)
May 20, 2020 Opinion or Order Filing 139 MEMORANDUM in Opposition re #132 MOTION to Intervene filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Affidavit Declaration of Ryan Poelman, #2 Exhibit Exhibit A to Declaration of Ryan Poelman, #3 Exhibit Exhibit B to Declaration of Ryan Poelman, #4 Exhibit Exhibit C to Declaration of Ryan Poelman)(Baldridge, J.)
May 20, 2020 Opinion or Order Filing 138 **UNSEALED DOCUMENT** re #137 MOTION to Seal Document and Memorandum in Support , #136 Response to Motion filed by Plaintiff Federal Trade CommissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Lubetzky, Darren) Modified on 6/3/2020 unsealed per order #145 (jrj).
May 20, 2020 Opinion or Order Filing 137 MOTION to Seal Document and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Daphne A. Oberg.(Lubetzky, Darren)
May 20, 2020 Opinion or Order Filing 136 Redacted RESPONSE to Motion re #132 MOTION to Intervene filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Settlement Agreement filed under Seal, #2 Exhibit Email)(Lubetzky, Darren)
May 20, 2020 Opinion or Order Filing 135 MOTION for Temporary Restraining Order and Memorandum in Support refiled version of ECF 6 (18) per ECF 131 par. 8 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit refiled version of Ex. 16 (ECF 6-18, 18-2) per ECF 131 par. 8, #2 Exhibit refiled version of Ex. 22 (ECF 6-24, 18-4) per ECF 131 par. 8, #3 Exhibit refiled version of Ex. 23 (ECF 6-25, 18-5) per ECF 131 par. 8, #4 Exhibit refiled version of Ex. 26 (ECF 6-28, 18-6) per ECF 131 par. 8, #5 Exhibit refiled version of Ex. 27 (ECF 6-29, 18-7) per ECF 131 par. 8, #6 Exhibit refiled version of Ex. 31 (ECF 6-33, 18-8) per ECF 131 par. 8, #7 Exhibit refiled version of Ex. 32 (ECF 6-34, 18-9) per ECF 131 par. 8, #8 Exhibit refiled version of Ex. 33 (ECF 6-35, 18-10) per ECF 131 par. 8)(Miller, Christopher)
May 20, 2020 Opinion or Order Filing 134 COMPLAINT refiled version of ECF 4 (16) per ECF 131 par. 8 against All Defendants No Filing Fee filed by Federal Trade Commission. Assigned to Judge David Barlow (Miller, Christopher)
May 18, 2020 Opinion or Order Filing 133 REASSIGNMENT to Newly Appointed Magistrate Judge. Case Reassigned to Magistrate Judge Daphne A. Oberg. Magistrate Judge Evelyn J. Furse no longer assigned to the case. Case number will now read 2:19-cv-00867-DBB-DAO. Please make changes to document captions accordingly. Motions referred to Daphne A. Oberg.(rks)
May 6, 2020 Opinion or Order Filing 132 MOTION to Intervene filed by Movants American Estate and Trust DBO Erryl Sloan IRA, American Estate and Trust FBO Rosemary Sloan IRA, E&R Enterprise, Erryl Sloan, Rosemary Sloan. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Motions referred to Evelyn J. Furse. Attorney Mark A. Nickel added to party American Estate and Trust DBO Erryl Sloan IRA(pty:mov), Attorney Mark A. Nickel added to party American Estate and Trust FBO Rosemary Sloan IRA(pty:mov), Attorney Mark A. Nickel added to party E&R Enterprise(pty:mov), Attorney Mark A. Nickel added to party Erryl Sloan(pty:mov), Attorney Mark A. Nickel added to party Rosemary Sloan(pty:mov)(Nickel, Mark)
April 29, 2020 Opinion or Order Filing 131 SCHEDULING ORDER: Amended Pleadings due by 9/1/2020. Joinder of Parties due by 9/1/2020. Discovery due by 4/30/2021. Motions due by 7/15/2021. Status Conference set for 7/21/2021 at 02:45 PM in Rm 8.100 before Judge David Barlow. See order for other deadlines. Signed by Magistrate Judge Evelyn J. Furse on 4/29/20. (jwt)
April 28, 2020 Opinion or Order Filing 130 REPORT OF ATTORNEY PLANNING MEETING. (Lubetzky, Darren)
April 23, 2020 Opinion or Order Filing 129 ORDER denying #119 Motion Relief from Injunction. Signed by Judge David Barlow on 4/23/20. (jwt)
April 21, 2020 Opinion or Order Filing 128 NOTICE of Appearance by Joni Ostler on behalf of Utah Division of Consumer Protection (Ostler, Joni)
April 17, 2020 Opinion or Order Filing 127 NOTICE of Request to Submit for Decision by Just Us Realtors re #119 Third Party MOTION Relief from Injunction and Memorandum in Support (Harper, Jon)
April 17, 2020 Opinion or Order Filing 126 Third Party REPLY to Response to Motion re #119 Third Party MOTION Relief from Injunction and Memorandum in Support filed by Movant Just Us Realtors. (Harper, Jon)
April 14, 2020 Opinion or Order Filing 125 MEMORANDUM in Opposition re #119 Third Party MOTION Relief from Injunction and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Mouritsen, Alan)
April 14, 2020 Opinion or Order Filing 124 ORDER TO PROPOSE SCHEDULE. Signed by Magistrate Judge Evelyn J. Furse on 4/14/2020. (jwt)
April 14, 2020 Opinion or Order Filing 123 Plaintiff's RESPONSE to Motion re #119 Third Party MOTION Relief from Injunction and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Lubetzky, Darren)
April 7, 2020 Opinion or Order Filing 122 ORDER granting #120 Motion to Expedite Briefing re #119 Motion for Relief from Injunction. The court orders the time within which to file briefs in opposition to ECF No. 119 is shortened from 14 days to 7 days from the date of this order. The court further orders the time to file a reply brief in support is shortened from 14 days to 5 days from the date of the oppositions. Signed by Judge David Barlow on 4/7/2020. (jwt)
April 7, 2020 Opinion or Order Filing 121 Motions No Longer Referred: #120 Third Party MOTION to Expedite Briefing Schedule for Motion for Relief from Injunction and Memorandum in Support , #119 Third Party MOTION Relief from Injunction and Memorandum in Support.(SDS)
April 6, 2020 Opinion or Order Filing 120 Third Party MOTION to Expedite Briefing Schedule for Motion for Relief from Injunction and Memorandum in Support filed by Movant Just Us Realtors. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Harper, Jon)
April 6, 2020 Opinion or Order Filing 119 Third Party MOTION Relief from Injunction and Memorandum in Support filed by Movant Just Us Realtors. (Attachments: #1 Text of Proposed Order Proposed Order) Motions referred to Evelyn J. Furse. Attorney Jon V. Harper added to party Just Us Realtors(pty:mov)(Harper, Jon)
April 6, 2020 Opinion or Order Filing 117 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing held on 3/24/2020 before Judge David B. Barlow. Court Reporter/Transcriber Laura Robinson, RPR, FCRR, CSR, CP, Telephone number 801-328-4800. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/27/2020. Redacted Transcript Deadline set for 5/7/2020. Release of Transcript Restriction set for 7/6/2020. (jwt) Modified by removing restricted text on 7/6/2020 (nl).
April 2, 2020 Opinion or Order Filing 116 NOTICE OF WITHDRAWAL OF COUNSEL of Savvas S. Diacosavvas filed by Savvas Socrates Diacosavvas on behalf of Federal Trade Commission (Diacosavvas, Savvas)
March 25, 2020 Opinion or Order Filing 115 ORDER denying #91 Defendants' Motion to Stay; Denying #97 Defendants' Motion to Certify; Denying #107 Defendants' Motion for Protective Order. Signed by Judge David Barlow on 3/24/20. (dla)
March 24, 2020 Opinion or Order Filing 114 Minute Entry for proceedings held before Judge David Barlow: Motion Hearing held on 3/24/2020 re #97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss; #107 Defendant's MOTION for Short Form Discovery re: Protective Order MOTION to Expedite Treatment and Memorandum in Support ; and #91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review.Counsel for the parties appeared telephonically. Discussion and argument heard. For the reasons stated on the record, the court DENIED the motions at #97 , #107 , and #91 . The court will issue a written order. Attorney for Plaintiff: Savvas Diacosavvas, Brian Lasky, Darren Lubetzky, Kevin McLean, Christopher Miller, Robert Wing, Attorney for Defendant: Leonard Gordon, Doug Baldridge, Erik Christiansen, Stephen Freeland, Alexandra Megaris. Court Reporter: Laura Robinson.(tcs)
March 17, 2020 Opinion or Order Filing 113 THIRD AMENDED NOTICE OF HEARING ON MOTION re: #97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss, #91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review, #107 Defendant's MOTION for Short Form Discovery re: Protective Order MOTION to Expedite Treatment and Memorandum in Support: Motion Hearing set for 3/24/2020 at 01:00 PM in Rm 8.100 before Judge David Barlow. ***Pursuant to General Order 20-009, this hearing will be entirely telephonic. Instructions will be e-mailed to all counsel.*** (tcs) Modified on 3/17/2020 to correct general order number (tcs).
March 13, 2020 Opinion or Order Filing 112 SECOND AMENDED NOTICE OF HEARING ON MOTION re: #97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss, #91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review, #107 Defendant's MOTION for Short Form Discovery re: Protective Order MOTION to Expedite Treatment and Memorandum in Support: Motion Hearing set for 3/24/2020 at 01:00 PM in Rm 8.100 before Judge David Barlow. ***NOTE: Change in courtroom for local counsel; out-of-town counsel may appear telephonically--instructions have been e-mailed to counsel.*** (tcs)
March 13, 2020 Opinion or Order Filing 111 AMENDED NOTICE OF HEARING ON MOTION re: #97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss, #91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review, #107 Defendant's MOTION for Short Form Discovery re: Protective Order MOTION to Expedite Treatment and Memorandum in Support: Motion Hearing set for 3/24/2020 at 01:00 PM in Rm 7.300 before Judge David Barlow. (tcs)
March 12, 2020 Opinion or Order Filing 110 NOTICE OF HEARING ON MOTION re: #97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss, #91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review: Motion Hearing set for 3/24/2020 at 01:00 PM in Rm 7.300 before Judge David Barlow. Out-of-town counsel may appear telephonically. The court will e-mail instructions. (tcs)
February 28, 2020 Opinion or Order Filing 109 Plaintiff's RESPONSE to Motion re #107 Defendant's MOTION for Short Form Discovery re: Protective Order MOTION to Expedite Treatment and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Lubetzky, Darren)
February 24, 2020 Opinion or Order Filing 108 Motions No Longer Referred: #107 Defendant's MOTION for Short Form Discovery re: Protective Order MOTION to Expedite Treatment and Memorandum in Support (SDS)
February 21, 2020 Opinion or Order Filing 107 Defendant's MOTION for Short Form Discovery re: Protective Order , MOTION to Expedite Treatment and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit Plaintiffs' Deposition Notice of Defendant Sanderson, #2 Exhibit Plaintiffs' First Request For Documents, #3 Exhibit Plaintiffs' First Interrogatories, #4 Exhibit FTC v. Zurixx Order Staying Discovery, #5 Text of Proposed Order Proposed Protective Order) Motions referred to Evelyn J. Furse.(Mouritsen, Alan)
February 11, 2020 Opinion or Order Filing 106 Defendant's REPLY to Response to Motion re #97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit 1 - Freecom Brief of Appellee, #2 Exhibit 2 - LoanPointe Opposition to SJ, #3 Exhibit 3 - LoanPointe Appellant's Opening Brief)(Christiansen, Erik)
February 4, 2020 Opinion or Order Filing 105 **SEALED DOCUMENT** re #104 Answer to Complaint filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. SmithNOTE: Filer is instructed to serve the sealed document on all other parties.. (Mouritsen, Alan)
February 4, 2020 Opinion or Order Filing 104 REDACTED First Amended ANSWER to Complaint with Jury Demand filed by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith.(Mouritsen, Alan)
January 28, 2020 Opinion or Order Filing 103 MEMORANDUM in Opposition re #97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss filed by Plaintiffs Federal Trade Commission, Utah Division of Consumer Protection. (Diacosavvas, Savvas)
January 28, 2020 Opinion or Order Filing 102 Motions No Longer Referred: #97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss (nas)
January 27, 2020 Opinion or Order Filing 101 REPLY to Response to Motion re #91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Christiansen, Erik)
January 24, 2020 Opinion or Order Filing 100 REPORT OF ATTORNEY PLANNING MEETING. (Lubetzky, Darren)
January 14, 2020 Opinion or Order Filing 99 **SEALED DOCUMENT** re #4 Complaint, #98 Answer to Complaint filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. SmithNOTE: Filer is instructed to serve the sealed document on all other parties.. (Mouritsen, Alan)
January 14, 2020 Opinion or Order Filing 98 Redacted ANSWER to Complaint with Jury Demand filed by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith.(Mouritsen, Alan)
January 14, 2020 Opinion or Order Filing 97 Defendant's MOTION to Amend/Correct #93 Order on Motion to Dismiss to Certificy for Appeal, Under 28 U.S.C. 1292(b), Order on Defendants' Partial Motion to Dismiss filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit 1 - Order Denying Defendants' Partial Motion to Dismiss) Motions referred to Evelyn J. Furse.(Mouritsen, Alan)
January 13, 2020 Opinion or Order Filing 96 MEMORANDUM in Opposition re #91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review filed by Plaintiff Federal Trade Commission. (Miller, Christopher)
January 10, 2020 Opinion or Order Filing 95 REASSIGNMENT to Newly Appointed District Judge. Case Reassigned to District Judge David B. Barlow. Judge Robert J. Shelby no longer assigned to the case. Orders of the prior judge are affirmed including the order of reference to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A) re 51 Order Referring Case to Magistrate Judge,. Case number will now read 2:19cv00867-DBB-EJF. Please make changes to document captions accordingly. (rks)
December 31, 2019 Opinion or Order Filing 94 DOCKET TEXT ORDER In view of the parties' recently-entered Stipulated Preliminary Injunction #89 , the court denies as moot #6 Motion for TRO. Signed by Judge Robert J. Shelby on 12/31/2019. No attached document. (chambers)
December 31, 2019 Opinion or Order Filing 93 ORDER denying #58 Motion to Dismiss (Partial). Signed by Judge Robert J. Shelby on 12/31/19 (alt)
December 31, 2019 Opinion or Order Filing 92 Motions No Longer Referred: #91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review. (ang)
December 30, 2019 Opinion or Order Filing 91 MOTION to Stay and Memorandum in Support to Stay Proceedings Pending Supreme Court Review filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit 1 - Respondent's Brief - AMG Capital Management, #2 Exhibit 2 - Credit Bureau Center Cert Petition, #3 Exhibit 3 - Credit Bureau Center Notice, #4 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Christiansen, Erik)
December 19, 2019 Opinion or Order Filing 90 ORDER granting in part and denying in part #56 Defendant's Motion to Keep Complaint, Motion for Temporary Restraining Order, and Certain Exhibits to That Motion Under Seal. Signed by Magistrate Judge Evelyn J. Furse on 12/19/19. (dla)
December 19, 2019 Opinion or Order Filing 89 STIPULATED PRELIMINARY INJUNCTION. Signed by Judge Robert J. Shelby on 12/18/19. (dla)
December 18, 2019 Opinion or Order Filing 88 NOTICE VACATING TELEPHONE STATUS CONFERENCE HEARING The hearing scheduled for Friday, December 20, 2019 at 9:00 am on #6 and #58 is vacated in view of #87 . The court will issue a written ruling on #58 . (Notice generated by dla)
December 18, 2019 Opinion or Order Filing 87 Consent MOTION for Preliminary Injunction filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit Proposed Stipulated Preliminary Injunction)(Lubetzky, Darren)
December 18, 2019 Opinion or Order Filing 86 Sur-reply REPLY to Response to Motion re #58 Defendant's MOTION to Dismiss Partial Motion to Dismiss filed by Plaintiff Federal Trade Commission. (Attachments: #1 Exhibit A - S. 356 (Jan. 12, 1973 draft), #2 Exhibit B - S. 356 (May 14, 1973 draft), #3 Exhibit C - Trans-Alaska Pipeline Authorization Act, #4 Exhibit D - Magnuson-Moss Warranty-Federal Trade Commission Improvement Act)(Diacosavvas, Savvas)
December 18, 2019 Opinion or Order Filing 85 ORDER granting #83 Motion Leave to File Surreply to Defendants' Partial Motion to Dismiss re #58 Defendant's MOTION to Dismiss Partial Motion to Dismiss. Signed by Judge Robert J. Shelby on 12/17/2019. (jwt)
December 18, 2019 Opinion or Order Filing 84 Motions No Longer Referred: #83 MOTION Leave to File Surreply to Defendants' Partial Motion to Dismiss re #58 Defendant's MOTION to Dismiss Partial Motion to Dismiss and Memorandum in Support (ang)
December 17, 2019 Opinion or Order Filing 83 MOTION Leave to File Surreply to Defendants' Partial Motion to Dismiss re #58 Defendant's MOTION to Dismiss Partial Motion to Dismiss and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Diacosavvas, Savvas)
December 17, 2019 Opinion or Order Filing 82 REPLY to Response to Motion re #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Appendix to Pls.' Reply in Supp. of Mot. for TRO, #2 Exhibit Ex. 1 (Lasky Decl.), #3 Exhibit Ex. 2 (Larsen Supp. Decl.), #4 Exhibit Ex. 3 (Isaacson Reply Report))(Zuckerwise, Laura)
December 17, 2019 Opinion or Order Filing 81 ORDER granting #80 Plaintiffs' Motion to Exceed the 10-Page Limit in DUCivR 7-1(b)(2)(A): Plaintiffs are permitted to file their TRO Reply with an additional 14 pages. Signed by Judge Robert J. Shelby on 12/17/19. (dla)
December 17, 2019 Opinion or Order Filing 80 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Zuckerwise, Laura)
December 16, 2019 Opinion or Order Filing 79 CORPORATE DISCLOSURE STATEMENT under FRCP 7.1 filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Munoz, Michael)
December 13, 2019 Opinion or Order Filing 78 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 12/13/2019. All parties are present on a telephone conference. Off the record scheduling and logistic matters are discussed for the hearing to be held 12/20/2019 on the Motion for Temporary Restraining Order. Attorney for Plaintiff: Darren Lubetsky, Brian Lasky, Christopher Miller, Laura Zuckerwise, Savvas Diacosavvas, Robert Wing, Attorney for Defendant: Douglas Baldridge, Erik Christiansen, Leonard Gordon, Michael Munoz, Stephen Freeland. Court Reporter: None.(rlr)
December 12, 2019 Opinion or Order Filing 77 NOTICE OF TELEPHONE STATUS CONFERENCE: (Notice generated by dla) Telephone Conference set for 12/13/2019 at 11:00 AM MOUNTAIN TIME (MST) before Judge Robert J. Shelby. The court's law clerk will email counsel with further call in instructions. (dla)
December 12, 2019 Opinion or Order Filing 76 Defendant's REPLY to Response to Motion re #56 Defendant's MOTION to Seal Document #18 Sealed Document,,, #16 Sealed Document, #4 Complaint, #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and certain exhibits filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Christiansen, Erik)
December 11, 2019 Opinion or Order Filing 75 REPLY to Response to Motion re #58 Defendant's MOTION to Dismiss Partial Motion to Dismiss filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Affidavit Declaration of Elliot A. Kelly, #2 Exhibit Exhibit A to Declaration of Elliot A. Kelly)(Munoz, Michael)
December 11, 2019 Opinion or Order Filing 74 ORDER granting #72 Defendants' Motion to Exceed the 10-Page Limit in DUCivR 7-1(b)(2)(A): Defendants are permitted to file their MTD Reply with an additional 26 pages. Signed by Judge Robert J. Shelby on 12/11/19. (dla)
December 11, 2019 Opinion or Order Filing 73 EXHIBITS B and C to the Declaration of Clint Sanderson in support of Defendants' Opposition to Plaintiff's Motion on Notice for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue, which is a USB Drive containing two video files in.mp4 format filed by BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (USB Drive to be maintained by the Records Dept. in the Clerk's Office). (dla) (Additional attachment(s) added on 12/11/2019: #1 Envelope) (dla).
December 11, 2019 Opinion or Order Filing 72 Defendant's MOTION for Leave to File Excess Pages in DUCivR 7-1(b)(2)(A) filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Winzeler, Zack)
December 10, 2019 Opinion or Order Filing 71 MEMORANDUM in Opposition re #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Appendix Appendix Exhibit Index, #2 Exhibit Expert Report of Brian Cadman Ph.D., #3 Exhibit Expert Report of Dr. Wayne D. Hoyer, #4 Affidavit Che Oliver Declaration, #5 Affidavit Chris Brown Declaration, #6 Affidavit Clint Sanderson Declaration, #7 Exhibit Exhibit A to Sanderson Declaration, #8 Exhibit Exhibit B to Sanderson Declaration, #9 Exhibit Exhibit C to Sanderson Declaration, #10 Exhibit Exhibit D to Sanderson Declaration, #11 Exhibit Exhibit E to Sanderson Declaration, #12 Exhibit Exhibit F to Sanderson Declaration, #13 Exhibit Exhibit G to Sanderson Declaration, #14 Exhibit Exhibit H to Sanderson Declaration, #15 Exhibit Exhibit I to Sanderson Declaration, #16 Exhibit Exhibit J to Sanderson Declaration, #17 Exhibit Exhibit K to Sanderson Declaration, #18 Exhibit Exhibit L to Sanderson Declaration, #19 Exhibit Exhibit M to Sanderson Declaration, #20 Exhibit Exhibit N to Sanderson Declaration, #21 Exhibit Exhibit O to Sanderson Declaration, #22 Exhibit Exhibit P to Sanderson Declaration, #23 Exhibit Exhibit Q to Sanderson Declaration, #24 Affidavit Phil Smith Declaration, #25 Exhibit Exhibit A to Smith Declaration, #26 Exhibit Exhibit B to Smith Declaration, #27 Exhibit Exhibit C to Smith Declaration, #28 Exhibit Exhibit D to Smith Declaration, #29 Exhibit Exhibit E to Smith Declaration, #30 Affidavit Ryan Poelman Declaration, #31 Exhibit Exhibit A to Poelman Declaration, #32 Exhibit Exhibit B to Poelman Declaration, #33 Exhibit Exhibit C to Poelman Declaration, #34 Exhibit Exhibit D to Poelman Declaration, #35 Exhibit Exhibit E to Poelman Declaration, #36 Exhibit Exhibit F to Poelman Declaration, #37 Affidavit Matthew Lewis Declaration, #38 Affidavit Nate Street Declaration, #39 Affidavit Randy Lang Declaration, #40 Affidavit Alexandra Megaris Declaration, #41 Exhibit Exhibit A to Megaris Declaration, #42 Exhibit Exhibit B to Megaris Declaration, #43 Affidavit Mark Weiss Ph.D. Declaration, #44 Exhibit Expert Report of Mark Weiss Ph.D., #45 Exhibit Curriculum Vitae of Mark Weiss Ph.D., #46 Affidavit Richard Adiska Declaration, #47 Affidavit Plamen Apostolov Declaration, #48 Affidavit Robb Asbjornsen Declaration, #49 Affidavit Jason Ault Declaration, #50 Affidavit Ani Babaian Declaration, #51 Affidavit Rachelle Barabe Declaration, #52 Affidavit Mandy Barr Declaration, #53 Affidavit James Benton and Keerti Joshi Declaration, #54 Affidavit Kevork Bildik Declaration, #55 Affidavit Chris Bourlier Declaration, #56 Affidavit Paulina Chase Declaration, #57 Affidavit James Halscall Coleman Declaration, #58 Affidavit Mildred Cruz Declaration, #59 Affidavit Christopher Custer Declaration, #60 Affidavit Marvalee Davidson Declaration, #61 Affidavit Cheryle Derman Declaration, #62 Affidavit Sean Desnoyer Declaration, #63 Affidavit Larry Diehl Declaration, #64 Affidavit Alan Dooley Declaration, #65 Affidavit Charles Dozier Declaration, #66 Affidavit Doug Drangstveit Declaration, #67 Affidavit Rodney Dwyer Declaration, #68 Affidavit Shawn Edgar Declaration, #69 Affidavit Betty Egan Declaration, #70 Affidavit Terry Foy Declaration, #71 Affidavit Thom Gilbert Declaration, #72 Affidavit Michael Hamilton Declaration, #73 Affidavit George Harris Declaration, #74 Affidavit Yoko Harris Declaration, #75 Affidavit Angela Haywood Declaration, #76 Affidavit Tom Healey Declaration, #77 Affidavit Ian Henderson Declaration, #78 Affidavit Lloyd Holbrook Declaration, #79 Affidavit Judith Johnston Declaration, #80 Affidavit Linda Kelly-Smith Declaration, #81 Affidavit Konrad Knoeferi Declaration, #82 Affidavit Vincent Lanza Declaration, #83 Affidavit Brian Lauchner Declaration, #84 Affidavit Becky Liguori Declaration, #85 Affidavit Lori Lucht Declaration, #86 Affidavit Theophilus (Theo) Maku Declaration, #87 Affidavit Charles Mandracchia Declaration, #88 Affidavit Natasha Marano Declaration, #89 Affidavit Janet Marletto Declaration, #90 Affidavit Zap Martin Declaration, #91 Affidavit Sunday Mcllwain Declaration, #92 Affidavit Jean Meier Declaration, #93 Affidavit Patrick Mirzayan Declaration, #94 Affidavit Sheldon Moore Declaration, #95 Affidavit Patrick Morales Declaration, #96 Affidavit Roger Nurse Declaration, #97 Affidavit Kathleen Orozco Declaration, #98 Affidavit Martin Perdomo Declaration, #99 Affidavit Kieth Perrin Declaration, #100 Affidavit Shalene Petrich Declaration, #101 Affidavit Raymond Posa Declaration, #102 Affidavit Daniel Pronych Declaration, #103 Affidavit Nicole Rhodes Declaration, #104 Affidavit Cory Rice Declaration, #105 Affidavit Van Sheppard Declaration, #106 Affidavit John Siipola Declaration, #107 Affidavit Jennifer Taylor Declaration, #108 Affidavit Peter Taylor Declaration, #109 Affidavit James Thomas Declaration, #110 Affidavit John Tidball Declaration, #111 Affidavit Kevin Tippets Declaration, #112 Affidavit Paul Turner Declaration, #113 Affidavit Bob Witworth Declaration, #114 Affidavit Bala Zuccarello Declaration)(Baldridge, J.)
December 10, 2019 Opinion or Order Filing 70 NOTICE OF CONVENTIONAL FILING of Exhibits B and C to the Declaration of Clint Sanderson I/S/O Defendants' Opposition to Plaintiff's Motion for a Temporary Restraining Order and Order to Show Cause filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith (Christiansen, Erik)
December 10, 2019 Opinion or Order Filing 69 ORDER granting #68 Defendants' Motion to Exceed the 25-Page Limit in DUCivR 7-1(B)(2)(A): Defendants are permitted to file their TRO Opposition with an additional 55 pages. Signed by Judge Robert J. Shelby on 12/10/19. (dla)
December 10, 2019 Opinion or Order Filing 68 Defendant's MOTION for Leave to File Excess Pages in DUCivR 7-1(b)(2)(A) filed by Defendants Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Winzeler, Zack)
December 2, 2019 Opinion or Order Filing 67 Plaintiff's MEMORANDUM in Opposition re #58 Defendant's MOTION to Dismiss Partial Motion to Dismiss filed by Plaintiff Federal Trade Commission. (Attachments: #1 Affidavit Certificate of Service)(Diacosavvas, Savvas)
December 2, 2019 Opinion or Order Filing 66 Plaintiff's RESPONSE to Motion re #58 Defendant's MOTION to Dismiss Partial Motion to Dismiss filed by Plaintiff Utah Division of Consumer Protection. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Wing, Robert)
December 2, 2019 Opinion or Order Filing 65 ORDER granting #64 Plaintiff Utah Division of Consumer Protection's Motion to Exceed the 25-Page Limit in DUCivR 7-1(a)(3)(A): The Division is permitted to file its Response to Defendants' Partial Motion to Dismiss with an additional 15 pages. Signed by Judge Robert J. Shelby on 12/2/19. (dla)
December 2, 2019 Opinion or Order Filing 64 Plaintiff's MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Utah Division of Consumer Protection. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Wing, Robert)
November 27, 2019 Opinion or Order Filing 63 MEMORANDUM in Opposition re #56 Defendant's MOTION to Seal Document #18 Sealed Document,,, #16 Sealed Document, #4 Complaint, #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and certain exhibits filed by Plaintiff Federal Trade Commission. (Miller, Christopher)
November 25, 2019 Opinion or Order Filing 62 NOTICE OF HEARING ON MOTION re: #58 Defendant's MOTION to Dismiss Partial Motion to Dismiss, #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support : (Notice generated by Mary Jane McNamee) Motion Hearing set for 12/20/2019 at 09:00 AM in Rm 3.100 before Judge Robert J. Shelby. (mjm)
November 21, 2019 Opinion or Order Filing 60 **RESTRICTED DOCUMENT** NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Conference held on 11/8/19 before Judge Robert J. Shelby. Court Reporter/Transcriber Kelly Brown Hicken, RPR, RMR, Telephone number (801) 521-7238. NOTICE RE REDACTION OF TRANSCRIPTS: Within 7 business days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the parties intent to redact personal data identifiers from the electronic transcript of the court proceeding. To redact additional information a Motion to Redact must be filed. The policy and forms are located on the court's website at www.utd.uscourts.gov. Please read this policy carefully. If no Notice of Intent to Redact is filed within the allotted time, this transcript will be made electronically available on the date set forth below. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/12/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/19/2020. (dla)
November 20, 2019 Opinion or Order Filing 59 ORDER granting #57 Defendants' Motion to Exceed the 25-Page Limit in DUCivR 7-1(a)(3)(A): Defendants are permitted to file their Partial Motion to Dismiss with an additional 15 pages. Signed by Judge Robert J. Shelby on 11/20/19. (dla)
November 19, 2019 Opinion or Order Filing 58 Defendant's MOTION to Dismiss Partial filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit 1)(Christiansen, Erik) Modified on 12/31/2019: removed repetitive text (alt)
November 19, 2019 Opinion or Order Filing 57 Defendant's MOTION for Leave to File Excess Pages to Defendants' Partial Motion to Dismiss filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Text of Proposed Order) Motions referred to Evelyn J. Furse.(Christiansen, Erik)
November 15, 2019 Opinion or Order Filing 56 Defendant's MOTION to Seal Document #18 Sealed Document,,, #16 Sealed Document, #4 Complaint, #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and certain exhibits filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. Motions referred to Evelyn J. Furse.(Christiansen, Erik)
November 13, 2019 Opinion or Order Filing 55 Supplemental MEMORANDUM in Support re #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Appendix Supplemental Appendix of Exhibits, #2 Exhibit (Tab) 34 - Supplemental Investigator Declaration)(Diacosavvas, Savvas)
November 13, 2019 Opinion or Order Filing 54 Modification of Docket: Correction: Defendants to file opposition memo to the motion for temporary restraining Order by 12/10/2019, re: 52 Status conference minute entry dated 11/8/2019. (mjm)
November 13, 2019 Opinion or Order Filing 53 Modification of Docket: Error: Incorrect date in minute entry. Correction: amended motion for temporary restraining order no later than 11/13/2019, re 52 Status conference minute entry dated 11/8/2019. (mjm)
November 12, 2019 Opinion or Order Filing 51 ORDER REFERRING CASE to Magistrate Judge Evelyn J. Furse under 28:636 (b)(1)(A), Magistrate to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge Robert J. Shelby on 11/12/2019. (mjm)
November 8, 2019 Opinion or Order Filing 52 Minute Entry for proceedings held before Judge Robert J. Shelby: Status Conference held on 11/8/2019. Counsel provide the court with an update. The following dates/deadlines are set: Plaintiffs to file amended motion for temporary restraining order no later than 11/13/2019. Defendants to file motions to dismiss no later than 11/19/2019. Plaintiff to file response to motion to dismiss. Defendants to file opposition memo to the motion for temporary restraining Order by 12/10/2019. Defendant to file reply to plaintiffs response to motion to dismiss by 12/11/2019. Plaintiff to file reply to defendants response to motion for temporary restraining order by 12/17/2019. The court sets a motion hearing for 12/20/2019 at 9:00 a.m. Counsel are instructed to file declarations, with briefing, in advance of the hearing. Counsel are to meet and confer to determine which declarants are essential and shall provide cross examination, followed by redirect. The court will then hear oral argument, on testimony heard. Attorney for Plaintiff: Robert Lubetzsky, Savvas, Diacosavvas, Christopher Miller; Utah Division of Consumer Protection Attorneys - Thomas Melton, Robert Wing. Attorney for Defendant: Leonard Gordon, Alexandra Megaris, Eric Christiansen, Doug Baldridge. Court Reporter: Kelly Hicken.(mjm)(mjm) Modified on 11/13/2019 - correction to the date the amended motion for temporary restraining order no later than 11/13/2019 (mjm). Modified on 11/13/2019 Correction - Defendants to file opposition memo to the motion for temporary restraining Order by 12/10/2019. (mjm).
November 7, 2019 Opinion or Order Filing 50 ORDER granting #5 Plaintiffs' Motion to Exceed the 25-Page Limit in DUCivR 7-1(a)(3)(A): Plaintiffs are permitted to file their TRO Motion with an additional 55 pages. Signed by Judge Robert J. Shelby on 11/7/19. (dla)
November 7, 2019 Opinion or Order Filing 49 ORDER granting #15 Plaintiffs' Motion to File Documents Temporarily Under Seal: The versions of (1) Plaintiffs; Complaint; (2) Plaintiffs Motion on Notice for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue; and (3) the following exhibits to Plaintiffs' TRO Motion: Appendix Exhibit Nos. 16, 17, 22, 23, 26, 27, 31, 32, and 33 that Plaintiffs' filed under seal on November 5, 2019, shall remain under seal for a period of 10 days from the date of this Order to allow Defendants and certain third party witnesses an opportunity to seek a protective order from this Court. Signed by Judge Robert J. Shelby on 11/7/19. (dla)
November 7, 2019 Opinion or Order Filing 48 ORDER granting #40 Motion for Admission Pro Hac Vice of Alexandra Megaris for BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 11/6/19. (dla)
November 7, 2019 Opinion or Order Filing 47 ORDER granting #42 Motion for Admission Pro Hac Vice of J. Douglas Baldridge for BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 11/6/19. (dla)
November 7, 2019 Opinion or Order Filing 46 ORDER granting #41 Motion for Admission Pro Hac Vice of Leonard L. Gordon for BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 11/6/19. (dla)
November 7, 2019 Opinion or Order Filing 45 ORDER granting #43 Motion for Admission Pro Hac Vice of Michael A. Munoz for BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 11/6/19. (dla)
November 7, 2019 Opinion or Order Filing 44 ORDER granting #39 Motion for Admission Pro Hac Vice of Stephen R. Freeland for BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at http://www.utd.uscourts.gov Signed by Judge Robert J. Shelby on 11/6/19. (dla)
November 6, 2019 Opinion or Order Filing 43 MOTION for Admission Pro Hac Vice of Michael A. Munoz , Registration fee $ 250, receipt number 1088-3413699, filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Mouritsen, Alan)
November 6, 2019 Opinion or Order Filing 42 MOTION for Admission Pro Hac Vice of J. Douglas Baldridge , Registration fee $ 250, receipt number 1088-3413692, filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Mouritsen, Alan)
November 6, 2019 Opinion or Order Filing 41 MOTION for Admission Pro Hac Vice of Leonard L. Gordon , Registration fee $ 250, receipt number 1088-3413679, filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Mouritsen, Alan)
November 6, 2019 Opinion or Order Filing 40 MOTION for Admission Pro Hac Vice of Alexandra Megaris , Registration fee $ 250, receipt number 1088-3413665, filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Mouritsen, Alan)
November 6, 2019 Opinion or Order Filing 39 MOTION for Admission Pro Hac Vice of Stephen R. Freeland , Registration fee $ 250, receipt number 1088-3413638, filed by Defendants BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith. (Attachments: #1 Exhibit A - Application for Pro Hac Vice, #2 Exhibit B - ECF Registration, #3 Text of Proposed Order)(Mouritsen, Alan)
November 6, 2019 Opinion or Order Filing 38 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to Clint R. Sanderson served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit)(Miller, Christopher)
November 6, 2019 Opinion or Order Filing 37 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to Shawn L. Finnegan served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit)(Miller, Christopher)
November 6, 2019 Opinion or Order Filing 36 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to Phillip W. Smith served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit)(Miller, Christopher)
November 6, 2019 Opinion or Order Filing 35 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to Ryan C. Poelman served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit)(Miller, Christopher)
November 6, 2019 Opinion or Order Filing 34 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to Brandon B. Lewis served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit)(Miller, Christopher)
November 6, 2019 Opinion or Order Filing 33 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to BuyPD served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit)(Miller, Christopher)
November 6, 2019 Opinion or Order Filing 32 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to Response Marketing Group served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit)(Miller, Christopher)
November 6, 2019 Opinion or Order Filing 31 **RESTRICTED DOCUMENT** SUMMONS Returned Executed by Federal Trade Commission as to Nudge LLC served on 11/5/2019, answer due 11/26/2019. (Attachments: #1 Affidavit Proof of Service for Nudge, LLC)(Miller, Christopher)
November 6, 2019 Opinion or Order Filing 30 NOTICE of Appearance by Brian Nathaniel Lasky on behalf of Federal Trade Commission (Lasky, Brian)
November 6, 2019 Opinion or Order Filing 29 NOTICE of Appearance by Laura Amber Zuckerwise on behalf of Federal Trade Commission (Zuckerwise, Laura)
November 6, 2019 Opinion or Order Filing 28 NOTICE of Appearance by Gregory H. Gunn on behalf of BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith (Gunn, Gregory)
November 6, 2019 Opinion or Order Filing 27 NOTICE of Appearance by Zack L. Winzeler on behalf of BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith (Winzeler, Zack)
November 5, 2019 Opinion or Order Filing 26 NOTICE OF HEARING: (Notice generated by Mary Jane McNamee) Status Conference set for 11/8/2019 at 11:00 AM in Rm 3.100 before Judge Robert J. Shelby. (mjm)
November 5, 2019 Opinion or Order Filing 25 NOTICE of Appearance by Alan S. Mouritsen on behalf of BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith (Mouritsen, Alan)
November 5, 2019 Opinion or Order Filing 24 NOTICE of Appearance by Erik A. Christiansen on behalf of BuyPD, Shawn L. Finnegan, Brandon B. Lewis, Nudge LLC, Ryan C. Poelman, Response Marketing Group, Clint R. Sanderson, Phillip W. Smith (Christiansen, Erik)
November 5, 2019 Opinion or Order Filing 23 EXHIBIT A to the Declaration of Michael Marino in support of Plaintiffs' Motion on Notice for a Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue, which is a CD that is Bates labeled FTC-PI-0007535 and contains ten audio files in.m4a format.EXHIBITS filed by Federal Trade Commission. (CD to be maintained by the Records Dept. in the Clerk's Office) (dla)
November 5, 2019 Opinion or Order Filing 22 NOTICE of Appearance by Christopher Yates Miller on behalf of Federal Trade Commission (Miller, Christopher)
November 5, 2019 Opinion or Order Filing 21 NOTICE of Appearance by Darren H. Lubetzky on behalf of Federal Trade Commission (Lubetzky, Darren)
November 5, 2019 Opinion or Order Filing 20 NOTICE of Appearance by Savvas Socrates Diacosavvas on behalf of Federal Trade Commission (Diacosavvas, Savvas)
November 5, 2019 Opinion or Order Filing 19 NOTICE OF CONVENTIONAL FILING of Exhibit A to Investigator Declaration Previously Filed as Document No. 6-29 (Tab 27) filed by Plaintiff Federal Trade Commission (Diacosavvas, Savvas)
November 5, 2019 Opinion or Order Filing 18 **SEALED DOCUMENT** re #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Federal Trade CommissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Attachments: #1 Appendix Exhibit Index - Specifying Sealed Documents, #2 Exhibit (Tab) 16 - Consumer Testimony Sealed, #3 Exhibit (Tab) 17 - Consumer Testimony Sealed, #4 Exhibit (Tab) 22 - Other Testimony Sealed, #5 Exhibit (Tab) 23 - Investigator Declaration part 1 of 4 Sealed, #6 Exhibit (Tab) 26 - Investigator Declaration part 4 of 4 Sealed, #7 Exhibit (Tab) 27 - Investigator Declaration Sealed, #8 Exhibit (Tab) 31 - Expert Report Sealed, #9 Exhibit (Tab) 32 - Other Testimony Sealed, #10 Exhibit (Tab) 33 - Other Testimony Sealed)(Diacosavvas, Savvas)
November 5, 2019 Opinion or Order Filing 17 ORDER OF RECUSAL - Judge Clark Waddoups recused. Case reassigned to Judge Robert J. Shelby for all further proceedings. Signed by Judge Clark Waddoups on 11/5/19. (jmr)
November 5, 2019 Opinion or Order Filing 16 **SEALED DOCUMENT** re #4 Complaint filed by Plaintiff Federal Trade CommissionNOTE: Filer is instructed to serve the sealed document on all other parties.. (Diacosavvas, Savvas)
November 5, 2019 Opinion or Order Filing 15 MOTION to Seal Document #4 Complaint, #6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order to File Certain Documents Under Seal Temporarily)(Diacosavvas, Savvas)
November 5, 2019 Opinion or Order Filing 14 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Shawn L. Finnegan. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
November 5, 2019 Opinion or Order Filing 13 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Ryan C. Poelman. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
November 5, 2019 Opinion or Order Filing 12 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Response Marketing Group. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
November 5, 2019 Opinion or Order Filing 11 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Phillip W. Smith. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
November 5, 2019 Opinion or Order Filing 10 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Clint R. Sanderson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
November 5, 2019 Opinion or Order Filing 9 **RESTRICTED DOCUMENT**Summons Issued Electronically as to BuyPD. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
November 5, 2019 Opinion or Order Filing 8 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Brandon B. Lewis. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
November 5, 2019 Opinion or Order Filing 7 **RESTRICTED DOCUMENT**Summons Issued Electronically as to Nudge LLC. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (tlh)
November 5, 2019 Opinion or Order Filing 6 Redacted MOTION for Temporary Restraining Order and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order for Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue, #2 Appendix Exhibit Index, #3 Exhibit (Tab) 1 - Consumer Declaration, #4 Exhibit (Tab) 2 - Consumer Declaration, #5 Exhibit (Tab) 3 - Consumer Declaration, #6 Exhibit (Tab) 4 - Consumer Declaration, #7 Exhibit (Tab) 5 - Consumer Declaration, #8 Exhibit (Tab) 6 - Consumer Declaration, #9 Exhibit (Tab) 7 - Consumer Declaration, #10 Exhibit (Tab) 8 - Consumer Declaration, #11 Exhibit (Tab) 9 - Consumer Declaration, #12 Exhibit (Tab) 10 - Consumer Declaration, #13 Exhibit (Tab) 11 - Consumer Declaration, #14 Exhibit (Tab) 12 - Consumer Declaration part 1 of 2, #15 Exhibit (Tab) 13 - Consumer Declaration part 2 of 2, #16 Exhibit (Tab) 14 - Consumer Declaration part 1 of 2, #17 Exhibit (Tab) 15 - Consumer Declaration part 2 of 2, #18 Exhibit (Tab) 16 - Consumer Testimony, #19 Exhibit (Tab) 17 - Consumer Testimony, #20 Exhibit (Tab) 18 - Consumer Declaration, #21 Exhibit (Tab) 19 - Consumer Declaration part 1 of 2, #22 Exhibit (Tab) 20 - Consumer Declaration part 2 of 2, #23 Exhibit (Tab) 21 - Other Declaration, #24 Exhibit (Tab) 22 - Other Testimony, #25 Exhibit (Tab) 23 - Investigator Declaration part 1 of 4, #26 Exhibit (Tab) 24 - Investigator Declaration part 2 of 4, #27 Exhibit (Tab) 25 - Investigator Declaration part 3 of 4, #28 Exhibit (Tab) 26 - Investigator Declaration part 4 of 4, #29 Exhibit (Tab) 27 - Investigator Declaration, #30 Exhibit (Tab) 28 - Economist Declaration, #31 Exhibit (Tab) 29 - Expert Report, #32 Exhibit (Tab) 30 - Expert Report, #33 Exhibit (Tab) 31 - Expert Report, #34 Exhibit (Tab) 32 - Other Testimony, #35 Exhibit (Tab) 33 - Other Testimony)(Diacosavvas, Savvas)
November 5, 2019 Opinion or Order Filing 5 MOTION for Leave to File Excess Pages and Memorandum in Support filed by Plaintiff Federal Trade Commission. (Attachments: #1 Text of Proposed Order Proposed Order to File Excess Pages)(Diacosavvas, Savvas)
November 5, 2019 Opinion or Order Filing 4 COMPLAINT against All Defendants No Filing Fee filed by Federal Trade Commission. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet) (Diacosavvas, Savvas)
November 5, 2019 Opinion or Order Filing 3 Modification of Docket: Error: Order entered prematurely. Correction: Order has been Stricken. re #2 Order of Recusal. (jmr)
November 5, 2019 Opinion or Order Filing 2 ORDER OF RECUSAL - Judge Clark Waddoups recused. Case reassigned to Judge Howard C. Nielson, Jr. for all further proceedings. Signed by Judge Clark Waddoups on 11/5/19. (jmr) Modified on 11/5/2019-Stricken per docket. Order entered prematurely. (jmr).
November 5, 2019 Opinion or Order Filing 1 Case has been indexed and assigned to Judge Clark Waddoups. Plaintiffs Federal Trade Commission and Utah Division of Consumer Protection are directed to E-File the Complaint and cover sheet (found under Complaints and Other Initiating Documents) by the end of the business day. Filing Fee waived (USA)NOTE: The court will not have jurisdiction until the opening document is electronically filed in the CM/ECF system. Civil Summons may be issued electronically. Prepare the summons using the courts #PDF version and email it to [email protected] for issuance. (tlh)
November 5, 2019 Opinion or Order Judge Clark Waddoups added. Judge Howard C. Nielson, Jr. no longer assigned to case. (jmr)

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Search for this case: Federal Trade Commission et al v. Nudge LLC et al
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Defendant: Phillip W. Smith
Represented By: Erik A. Christiansen
Represented By: Alan S. Mouritsen
Represented By: Leonard L. Gordon
Represented By: Stephen R. Freeland
Represented By: Michael A. Munoz
Represented By: J. Douglas Baldridge
Represented By: Gregory H. Gunn
Represented By: Alexandra Megaris
Represented By: Zack L. Winzeler
Represented By: William Clayton Lawrence
Represented By: Mark A. Wagner
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Defendant: Response Marketing Group
Represented By: Erik A. Christiansen
Represented By: Alan S. Mouritsen
Represented By: Leonard L. Gordon
Represented By: Stephen R. Freeland
Represented By: Michael A. Munoz
Represented By: J. Douglas Baldridge
Represented By: Gregory H. Gunn
Represented By: Alexandra Megaris
Represented By: Zack L. Winzeler
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Defendant: Ryan C. Poelman
Represented By: Erik A. Christiansen
Represented By: Alan S. Mouritsen
Represented By: Leonard L. Gordon
Represented By: Stephen R. Freeland
Represented By: Michael A. Munoz
Represented By: J. Douglas Baldridge
Represented By: Gregory H. Gunn
Represented By: Alexandra Megaris
Represented By: Zack L. Winzeler
Represented By: Mark A. Wagner
Represented By: William Clayton Lawrence
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Defendant: BuyPD
Represented By: Erik A. Christiansen
Represented By: Alan S. Mouritsen
Represented By: Leonard L. Gordon
Represented By: Stephen R. Freeland
Represented By: Michael A. Munoz
Represented By: J. Douglas Baldridge
Represented By: Gregory H. Gunn
Represented By: Alexandra Megaris
Represented By: Zack L. Winzeler
Represented By: Mark A. Wagner
Represented By: William Clayton Lawrence
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Defendant: Nudge LLC
Represented By: Erik A. Christiansen
Represented By: Alan S. Mouritsen
Represented By: Leonard L. Gordon
Represented By: Stephen R. Freeland
Represented By: Michael A. Munoz
Represented By: J. Douglas Baldridge
Represented By: Gregory H. Gunn
Represented By: Alexandra Megaris
Represented By: Zack L. Winzeler
Represented By: Mark A. Wagner
Represented By: William Clayton Lawrence
Represented By: Christopher J. Ricigliano
Represented By: Vincent E. Verrocchio
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Defendant: Brandon B. Lewis
Represented By: Erik A. Christiansen
Represented By: Alan S. Mouritsen
Represented By: Leonard L. Gordon
Represented By: Stephen R. Freeland
Represented By: Michael A. Munoz
Represented By: J. Douglas Baldridge
Represented By: Gregory H. Gunn
Represented By: Alexandra Megaris
Represented By: Zack L. Winzeler
Represented By: Mark A. Wagner
Represented By: William Clayton Lawrence
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Defendant: Shawn L. Finnegan
Represented By: Erik A. Christiansen
Represented By: Alan S. Mouritsen
Represented By: Leonard L. Gordon
Represented By: Stephen R. Freeland
Represented By: Michael A. Munoz
Represented By: J. Douglas Baldridge
Represented By: Gregory H. Gunn
Represented By: Alexandra Megaris
Represented By: Zack L. Winzeler
Represented By: Mark A. Wagner
Represented By: William Clayton Lawrence
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Defendant: Clint R. Sanderson
Represented By: Erik A. Christiansen
Represented By: Alan S. Mouritsen
Represented By: Leonard L. Gordon
Represented By: Stephen R. Freeland
Represented By: Michael A. Munoz
Represented By: J. Douglas Baldridge
Represented By: Gregory H. Gunn
Represented By: Alexandra Megaris
Represented By: Zack L. Winzeler
Represented By: Mark A. Wagner
Represented By: William Clayton Lawrence
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Defendant: Response Marketing Group a Utah limited liability company doing business as 3 Day Real Estate Traning doing business as Abundance Edu doing business as Affluence Edu doing business as American Money Tour doing business as Cash Flow Edu doing business
Represented By: Gregory H. Gunn
Represented By: Leonard L. Gordon
Represented By: Alan S. Mouritsen
Represented By: Alexandra Megaris
Represented By: Erik A. Christiansen
Represented By: J. Douglas Baldridge
Represented By: Mark A. Wagner
Represented By: Michael A. Munoz
Represented By: Stephen R. Freeland
Represented By: Zack L. Winzeler
Represented By: William Clayton Lawrence
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Defendant: Dean Graziosi
Represented By: G. James Christiansen
Represented By: J. Douglas Baldridge
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Defendant: Scott Yancey
Represented By: G. James Christiansen
Represented By: J. Douglas Baldridge
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Plaintiff: Utah Division of Consumer Protection
Represented By: Robert G. Wing
Represented By: Kevin M. McLean
Represented By: Thomas M. Melton
Represented By: Joni Ostler
Represented By: Peishen Zhou
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Plaintiff: Federal Trade Commission
Represented By: Savvas Socrates Diacosavvas
Represented By: Darren H. Lubetzky
Represented By: Christopher Yates Miller
Represented By: Brian Nathaniel Lasky
Represented By: Laura Amber Zuckerwise
Represented By: Thomas M. Melton
Represented By: Jordan X. Navarrette
Represented By: Karen Dahlberg O'Connell
Represented By: Vikram Jagadish
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Intervenor: Erryl Sloan
Represented By: Christopher Paul Mader
Represented By: Mark A. Nickel
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Intervenor: American Estate and Trust DBO Erryl Sloan IRA
Represented By: Mark A. Nickel
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Intervenor: American Estate and Trust FBO Rosemary Sloan IRA
Represented By: Mark A. Nickel
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3rd party plaintiff: Rosemary Sloan
Represented By: Christopher Paul Mader
Represented By: Mark A. Nickel
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3rd party plaintiff: E&R Enterprise
Represented By: Mark A. Nickel
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Petitioner: Just Us Realtors
Represented By: Jon V. Harper
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Petitioner: Sean D. Reyes
Represented By: David N. Wolf
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