Federal Trade Commission v. Infusion Media, Inc. et al

Filing 132

ORDER Granting 126 Motion to Accept and Approve Receiver's Declaration and Report and Authorizing Payment of Fees, Costs, and Receivership Claims; $11,247.40 to the Receiver and Prince, Yeates & Geldzahler for services rendered and costs incurred from June 1, 2012, through October 19, 2012; and $4,248.38 to Rocky Mountain Advisory, for services rendered and costs incurred from June 1, 2012, through October 19, 2012. The Receiver may also pay, from the Receivership account, $2,236.79 and $1,000.18 to the Utah State Tax Commission to satisfy claims made by the Commission. Signed by Judge Gloria M. Navarro on 10/23/12. (Copies have been distributed pursuant to the NEF - EDS)

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JONATHON T. TICHY (8692)
PRINCE YEATES & GELDZAHLER, P.C.
15 West South Temple, Suite 1700
Salt Lake City, Utah 84101
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

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Attorneys for Receiver

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IN THE UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,
Plaintiff,

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v.
INFUSION MEDIA, INC.,
a corporation, also
d/b/a Google Money Tree,
Google Pro,
Internet Income Pro, and
Google Treasure Chest;

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WEST COAST INTERNET MEDIA,
INC.,
a corporation, also
d/b/a Google Money Tree,
Google Pro,
Internet Income Pro, and
Google Treasure Chest;

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TWO WARNINGS, LLC,
a limited liability company;

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TWO PART INVESTMENTS, LLC,
a limited liability company,

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PLATINUM TELESERVICES, INC.,
a corporation;

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JONATHAN EBORN,
Individually and as an officer of
Infusion Media, Inc.,
Two Warnings, LLC,
Two Part Investments, LLC, and
West Coast Internet Media, Inc.;

Case No. 2:09-cv-01112-GMN-LRL
ORDER: (1) ACCEPTING AND
APPROVING THE RECEIVER’S
DECLARATION AND REPORT AND
(2) AUTHORIZING PAYMENT
OF FEES, COSTS, AND
RECEIVERSHIP CLAIMS

Judge: Gloria M. Navarro
[Submitted Electronically]

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STEPHANIE BURNSIDE
Individually and as an officer of
Two Warnings, LLC,
Two Part Investments, LLC, and
West Coast Internet Media, Inc.;

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MICHAEL McLAIN MILLER,
Individually and as an officer of
Infusion Media, Inc.,
Two Warnings, LLC, and
Two Part Investments, LLC; and

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TONY NORTON,
Individually and as an officer of
Platinum Teleservices, Inc.,

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Defendants .
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This matter came before the Court on the Receiver’s Declaration and Report and
Motion for Authorization to Pay Fees, Costs, and Receivership Claims filed October 19,

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2012 (the “Declaration and Report”). In the Declaration and Report, Robert G. Wing,

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the duly-appointed Receiver of the business entity Defendants in this action, seeks entry

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of an order: (1) approving the Declaration and Report; (2) authorizing payment from the

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Receivership account of $11,247.40 to the Receiver and Prince, Yeates & Geldzahler

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(“Prince Yeates”) and $4,248.38 to Rocky Mountain Advisory, LLC (“Rocky

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Mountain”), for services rendered and costs incurred from June 1, 2012 through October

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19, 2012; and (3) authorizing payments from the Receivership account of $2,236.79 and

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$1,000.18 to the Utah State Tax Commission.

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Having reviewed the Declaration and Report and the invoices of Prince Yeates
and Rocky Mountain attached thereto, and determining that notice of the Declaration and

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Report and this proposed Order were timely and properly served, that the fees and costs
of the Receiver, Prince Yeates, and Rocky Mountain, were reasonably and necessarily

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incurred for the benefit of the receivership estate, that the tax claims identified in the
Declaration and Report are valid, and for other good cause appearing, it is hereby
ORDERED that:
A.

The Declaration and Report is accepted and approved.

B.

Pursuant to paragraph C of the Court’s Order: (1) Accepting and

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Approving the Receiver’s Final Declaration and Report; (2) Authorizing Transfer of

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Receivership Funds; and (3) Authorizing Payment of Fees and Costs, the Receiver may

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pay, from the Receivership account:

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1.

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$11,247.40 to the Receiver and Prince, Yeates & Geldzahler for

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services rendered and costs incurred from June 1, 2012, through October 19,

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2012; and

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2.

$4,248.38 to Rocky Mountain Advisory, for services rendered and

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costs incurred from June 1, 2012, through October 19, 2012.
C.

The Receiver may also pay, from the Receivership account, $2,236.79 and

$1,000.18 to the Utah State Tax Commission to satisfy claims made by the Commission.

DATED this DATED THIS ___ day of __________, 2012.
23rd day of October, 2012.

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BY THE COURT:
________________________________
Gloria M. Navarro
_______________________________
United States District Judge
DISTRICT COURT JUDGE

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CERTIFICATE OF SERVICE

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I hereby certify that on the 19th day of October, 2012, I electronically filed the
foregoing with the Clerk of the Court using the CM/ECF System, which sent a Notice of

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Electronic Filing to all parties whose names appear on the electronic mail notice list for
this case.
I further certify that on the 19th day of October, 2012, I also caused a true and
correct copy of the foregoing to be delivered by email and by First-Class Mail, postage
prepaid, to each of the following:

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Daniel O. Hanks
Kathleen Benway
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
[e-mail]
[e-mail]
Matthew R. Lewis
David Z. Wiseman
Ray Quinney & Nebeker
36 S State St Ste 1400
Salt Lake City, Utah 84111
[e-mail]
[e-mail]

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/s/ Jonathon T. Tichy
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CLERK=S CERTIFICATE

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The undersigned certifies that a copy of the foregoing Order was served on the
following persons by mail or electronic mail on the
day of ________, 2012, addressed
as follows:

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Daniel O. Hanks
Kathleen Benway
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Washington, D.C. 20580
[e-mail]
[e-mail]
Matthew R. Lewis
David Z. Wiseman
Ray Quinney & Nebeker
36 S State St Ste 1400
Salt Lake City, Utah 84111
[e-mail]
[e-mail]
Robert G. Wing
Prince Yeates & Geldzahler, P.C.
15 West South Temple, Suite 1700
Salt Lake City, Utah 84101
[e-mail]

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_____________________________________

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