Federal Trade Commission v. Grant Connect, LLC et al

Filing 428

AMENDED FINAL MONETARY JUDGMENT in favor of Federal Trade Commission and against defendant Kyle R. Kimoto in the amount of $29,887,766.53. Signed by Judge Philip M. Pro on 11/10/2014. (Copies have been distributed pursuant to the NEF - DKJ)

Case 2:09-cv-01349-PMP-NJK Document 427-1 Filed 11/10/14 Page 2 of 3

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,

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Plaintiff,
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v.
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GRANT CONNECT, LLC, et al.,
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Defendants.
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______________________________________ )

Case No. 2:09-CV-01349-PMP-RJJ

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[Proposed]

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AMENDED FINAL MONETARY JUDGMENT AS TO DEFENDANT KYLE KIMOTO

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On October 25, 2011, the Court entered a Permanent Injunction (Doc. # 346) and entered

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Final Monetary Judgment (Doc. # 349) in amount of $29,896,122.60 against the following

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defendants, jointly and severally: Rachael A. Cook; James J. Gray; Steven R. Henriksen;

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Michael L. Henriksen, Jr.; Tasha Jn Paul; Kyle R. Kimoto; Randy D. O’Connell; Grant Connect,

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LLC; Horizon Holdings, LLC; O’Connell Gray, LLC; Consolidated Merchant Solutions, LLC;

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OS Marketing Group, LLC; Acai, Inc.; AllClear Communications, Inc.; Dragon Group, Inc.;

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Elite Benefits, Inc.; Global Fulfillment, Inc.; Global Gold, Inc.; Global Gold Limited; Healthy

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Allure, Inc.; MSC Online, Inc.; Paid to Process, Inc.; Premier Plus Member, Inc.; Total Health,

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Inc.; and Vcomm, Inc.

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On August 15, 2014, the Court of Appeals for the Ninth Circuit issued its Opinion (Doc.

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# 419) affirming in part, vacating in part, and remanding the Judgment of this Court as to

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defendant Kyle R. Kimoto only. The Ninth Circuit instructed this Court to modify the

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Permanent Injunction and the amount of restitution as to defendant Kimoto to delete references

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to the Acai Total Burn scheme and exclude the relief ordered in relation to that scheme.

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Case 2:09-cv-01349-PMP-NJK Document 427-1 Filed 11/10/14 Page 3 of 3

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The restitution amount associated with the Acai Total Burn scheme, totalling $8,333.48,

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is therefore excluded from the equitable monetary relief against defendant Kimoto. Accordingly,

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the amended judgment against defendant Kimoto includes $29,776,437.07 in equitable monetary

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relief and $111,329.49 in pre-judgment interest, which together total $29,887,766.53.

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IT IS HEREBY ORDERED AND ADJUDGED that the Final Monetary Judgment

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against defendant Kyle R. Kimoto only is hereby amended and a momentary judgment in the

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amount of $29,887,766.53 is entered in favor of the FTC and against defendant Kyle R. Kimoto.

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IT IS SO ORDERED:
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_____________________________
UNITED STATES DISTRICT JUDGE

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November 10, 2014
DATED: _____________________

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