Federal Trade Commission v. Ivy Capital, Inc. et al

Filing 175

ORDER Denying 39 Motion to Strike. Signed by Judge James C. Mahan on 5/2/2011. (Copies have been distributed pursuant to the NEF - SLR)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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FEDERAL TRADE COMMISSION,

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2:11-CV-283 JCM (GWF)

Plaintiff,

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v.
IVY CAPITAL, INC., et al.,

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Defendants.

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ORDER

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Presently before the court is defendants Enrich Wealth Group, LLC’s and Joshua F.

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Wickman’s motion to strike portions of the declaration of Sheryl Novick. (Doc. #39). The plaintiff

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has responded (doc. #147), but no reply has been filed.

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In the motion, defendants request that the court strike portions of Novick’s declaration

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because it summarizes “numerous hearsay statements, anonymous blog postings and other

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unverifiable documents. . . .” (Doc. #39 at 2:2–3). Defendants contend that the government may not

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rely on hearsay statements in establishing common enterprise or conspiracy, citing United States v.

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Casas, 356 F.3d 104, 119 (1st Cir. 2004).

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As the plaintiff notes in its response brief, this motion is moot following the court’s issuance

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of the preliminary injunction subsequent to its submission. Additionally, the court agrees with the

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plaintiff that the motion has no merit, as the Ninth Circuit has held that a court may consider hearsay

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in deciding whether to issue a preliminary injunction. Johnson v. Couturier, 572 F.3d 1067, 1083

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(9th Cir. 2009).

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James C. Mahan
U.S. District Judge

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Accordingly,

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the defendants’ motion

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to strike (doc. #39) is DENIED.
DATED May 2, 2011.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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