Federal Trade Commission v. AMG Services, Inc. et al

Filing 1217

ORDER granting 1215 Motion for Writ of Attachment. Signed by Chief Judge Gloria M. Navarro on 9/29/2018. (Copies have been distributed pursuant to the NEF - ASB)

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[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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Abran E. Vigil (NV 7548)
[e-mail]
Joseph P. Sakai (NV 13578)
[e-mail]
BALLARD SPAHR LLP
1980 Festival Plaza Drive, Suite 900
Las Vegas, NV 89135-2958
Tel.: [phone]
Fax: [phone]
Logan D. Smith (Pro Hac Vice)
[e-mail]
Sanjay Bhandari (Pro Hac Vice)
[e-mail]
Edward Chang (NV 11783)
[e-mail]
MCNAMARA SMITH LLP
655 West Broadway, Suite 1600
San Diego, California 92101
Tel.: [phone]
Fax: [phone]
Attorneys for Court-Appointed Monitor

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,

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Plaintiff,

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v.
AMG SERVICES, INC., et al.,

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PARK 269 LLC, et al.,

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ORDER DIRECTING ISSUANCE OF
PREJUDGMENT WRITS OF
ATTACHMENT

Defendants, and

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Case No. 2:12-cv-00536-GMN-VCF

Relief Defendants.

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After consideration of the Emergency Motion for Issuance of Prejudgment

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Writs of Attachment submitted by the Monitor, as well as the Monitor’s Declaration,

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the Court being fully advised in the premises and good cause appearing therefor, the

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court makes the following findings:

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1.

That the Court has jurisdiction over this matter pursuant to the Court’s

retention of jurisdiction to enforce the Judgment against Defendants [ECF No. 1057]

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and the Feingold Parties’ assent to the Court’s jurisdiction for the purposes of

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enforcement of the Settlement Agreement. [ECF No. 1191]

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2.

That the request for prejudgment attachment appears to be one in

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which attachment may be allowed without notice or hearing because said request is

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brought pursuant to NRS 31.017(5).

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3.

The facts and reasons why these grounds exist are the Monitor’s

including making recurring payments to the Monitor; that the Feingold Parties have

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failed to rectify their breach and default as of the filing of the Emergency Motion;

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and default of their duties and obligations under the Settlement Agreement,

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LAS VEGAS, NEVADA 89135

supporting affidavit which show that the Feingold Parties are in continuing breach

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BALLARD SPAHR LLP

Emergency Motion for Issuance of Prejudgment Writs of Attachment and its

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1980 FESTIVAL PLAZA DRIVE, SUITE 900

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that the Monitor has demonstrated that the Feingold Parties do not intend to rectify

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their breach and default and instead may attempt to transfer or otherwise liquidate

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assets to avoid collection of amounts due under the Settlement Agreement.

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4.

Having reviewed the Emergency Motion for Issuance of Prejudgment

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Writs of Attachment and the documents on file herein, it appears that the Monitor

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has a meritorious claim for relief.

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5.

The amount for which the attachment will issue in this action is the

sum of two million five hundred and ninety thousand dollars ($2,590,000).
6.

Pursuant to NRS 31.030(1), the Monitor is not be required to provide an

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undertaking as a condition precedent to attachment as the Monitor is acting in his

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capacity as an officer of this Court.

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7.

The names of all third persons upon whom writs of attachment may be

served are:
a. Mid-America Paper Recycling Co, Inc.
3865 W. 41st Street
Chicago, IL 60632
b. First Corporate Solutions, as Representative
914 S. Street
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Sacramento, CA 95811

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c. Tristate Capital Bank
One Oxford Centre, 301 Grant Street
Pittsburgh, PA 15219

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d. Tutera Investments, L.L.C.
7611 State Line Road, Suite 301
Kansas City, MO 64114

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8.

The property to be attached herein is properly described as:

parties, including, but not limited to: all accounts; all chattel paper; all

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commercial tort claim; all deposit accounts; all documents; all

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Recover, LLC, whether owned collectively or individually by these

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LAS VEGAS, NEVADA 89135

Homeowners Realty, LLC, UMR Building, LLC, and United Material

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BALLARD SPAHR LLP

a. The property of David Feingold, Dylan, Jagger Investment Co., Inc.,

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equipment; all general intangibles; all instruments; all inventory; all

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investment property; all letter-of-credit rights; all other goods; and all

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money, all products and proceeds of any and all of the foregoing, and all

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supporting obligations of any and all of the foregoing.

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b. The real property described as follows:

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i. Parcel 1: Situated in the State of Ohio, County of Licking and in

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the City of Newark; Being lot number thirteen thousand four

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hundred thirty-five (13435), as shown on “Amended Plat”

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recorded August 12, 2008, in Instrument No. 200808120018336,

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said plat being an amended and corrected plat of the

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consolidation plat prepared for Owens Corning Insulating

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Systems, LLC, recorded in Instrument No. 200802070002824,

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both in the Recorder’s Office, Licking County, Ohio. Manning

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Street, Newark, Ohio 43055. PPN: 054-272124-00.000

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ii. Situated in the State of Ohio, County of Licking and in the City of

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Newark; Being lot number thirteen thousand four hundred forty-

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seven (13447) as shown on the consolidation plat prepared for

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Owens Corning Insulating Systems, LLC, as the same is

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numbered and delineated upon the recorded thereon filed for

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record February 7, 2008 in Instrument No. 200802070002836,

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Recorder’s Office, Licking County, Ohio. Maple Avenue, Newark,

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Ohio 43055. PPN: 054-270942-00.009.

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IT IS, THEREFORE, ORDERED that the Writs of Attachment in this action

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be issued in the amount of $2,590,000 against the property of the Feingold Parties,

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described above.

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IT IS SO ORDERED.

[phone] FAX [phone]

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LAS VEGAS, NEVADA 89135

BALLARD SPAHR LLP

1980 FESTIVAL PLAZA DRIVE, SUITE 900

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DATED this _______day of September, 2018.

______________________________________
Gloria M. Navarro, Chief Judge
UNITED STATES DISTRICT COURT

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