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

Filing 302

ORDER granting 301 Unopposed Motion to File Redacted Opposition to Preliminary Injunction Out of Time and to Redact. Signed by Magistrate Judge Cam Ferenbach on 1/4/13. (Copies have been distributed pursuant to the NEF - ECS)

1
2
3
4

SHILEE MULLIN
FREDERICKS PEEBLES & MORGAN LLP
3610 North 163rd Plz.
Omaha, NE 68116
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]

5
6
7

Attorneys for Defendants AMG Services, Inc.; Red Cedar Services,
Inc. dba 500FastCash; SFS, Inc. dba OneClickCash; Tribal
Financial Services, dba Ameriloan, UnitedCashLoans,
USFastCash, Miami Nation Enterprises

8
9
UNITED STATES DISTRICT COURT

10

DISTRICT OF NEVADA

11
12
13

FEDERAL TRADE COMMISSION,
Plaintiff,

14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

Case No.: 2:12-cv-536

v.
AMG Services, Inc., et al.,
Defendants, and
Park 269 LLC, et al.,
Relief Defendants.

DEFENDANTS’ UNOPPOSED MOTION
TO FILE REDACTED OPPOSITION TO
PRELIMINARY INJUNCTION OUT OF
TIME AND TO REDACT

1
2

COME NOW Defendants, AMG Services, Inc.; Red Cedar Services, Inc.; SFS, Inc.; and

3 MNE Services, Inc. (hereinafter “Tribal Defendants”) and respectfully request leave to file their
4 materials (redacted Opposition to Plaintiff’s Motion for Preliminary Injunction) as set forth in the
5 Court’s Order dated December 14, 2012 (Doc. 283) out of time. Pursuant to the Court’s Order of
6 December 14, 2012 (Doc. 283), the materials, which were previously filed under seal on May 4,
7

2012, were to be filed within two weeks of that Order (which was December 28, 2012). Due to

8
the holiday schedule, it came to Defendants’ counsel’s attention on January 3, 2013 that their

9
10
11

redacted Opposition was out of time.
Thus, on January 3, 2013, Defendants filed their redacted Opposition to Plaintiff’s Motion

12 for Preliminary Injunction. In so doing, it also came to counsel’s attention that an additional
13 portion of the materials should have been included within the redactions set forth in the Joint
14 Motion (Doc. 283). Paragraph 1(b)(i) of the Joint Motion (Doc. 283), which states “”Paragraph
15

11: the second sentence,” should also have included the number set forth in the third sentence of

16
17
18

that Paragraph. As such, that number was redacted in Doc. 300-17.
On January 4, 2013, counsel for Defendants, Shilee Mullin, contacted counsel for Plaintiff,

19 Nikhil Singhvi, and advised Mr. Singhvi of the above and Mr. Singhvi advised that Plaintiff does
20 not oppose this Motion. Therefore, the Tribal Defendants respectfully request that the Court grant
21 their Unopposed Motion for Leave to File Redacted Opposition (set forth at Doc. 300) and to
22 allow them to redact as set forth in Doc. 300-17 at Paragraph 11 therein.
23
24
25
26
27
28

1

1

Dated: January 4, 2013.

2
/s/ Shilee T. Mullin
Shilee T. Mullin, Pro Hac Vice
Fredericks Peebles & Morgan LLP
3610 North 163rd Plaza
Omaha, NE 68116
Tel: [phone]
Fax: [phone]
E-mail: [e-mail]

3
4
5
6
7

Attorneys for Defendants AMG Services,
Inc.; Red Cedar Services, Inc. dba
500FastCash; SFS, Inc. dba
OneClickCash; Tribal Financial Services,
dba Ameriloan, UnitedCashLoans,
USFastCash, Miami Nation Enterprises

8
9
10
11
12
13
14
15

IT IS SO ORDERED.

16
17

UNITED STATES MAGISTRATE JUDGE
DISTRICT JUDGE

18
19

DATED:

20
21
22
23
24
25
26
27
28

2

1-4-2013

1
2

CERTIFICATE OF SERVICE

3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

Pursuant to Fed. R. Civ. P. 5(b), I hereby certify that on the 4th day of January 2013,
service of the foregoing Defendants’ Unopposed Motion to File Redacted Opposition to
Plaintiff’s Motion for Preliminary Injunction Out of Time and to Redact was submitted
electronically for filing and/or service with the United States District Court of Nevada.
Electronic service of the foregoing document shall be made in accordance with the E-Service
List as follows:
Blaine T. Welsh
Julie G. Bush
Jason Schall
Nikhil Singhvi
Helen Wong
Ioana Rusu

[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]
[e-mail]

Attorneys for Plaintiff
Von S. Heinz
Darren J. Lemieux
E. Leif Reid
Nick Kurt
Ryan Hudson

[e-mail]
[e-mail]
[e-mail]
[e-mail]

[e-mail]

Attorneys for Defendants AMG Capital Management, LLC; Level 5
Motorsports, LLC; LeadFlash Consulting, LLC; Black Creek Capital Corporation;
Broadmoor Capital Partners, LLC; Scott A. Tucker; Blaine A. Tucker
L. Christopher Rose

[e-mail]

Attorney for Defendants The Muir Law Firm, LLC and Timothy J. Muir
Whitney P. Strack
Brian R. Reeve
Nathan F. Garrett

[e-mail]
[e-mail]
[e-mail]

Attorneys for Defendant Don E. Brady

26
27
28
3

1
2
3
4
5

Jay Young

[e-mail]

Attorney for Defendant Robert D. Campbell
Paul C. Ray

[e-mail]

Attorney for Defendant Troy L. Little Axe

6
7
8

Patrick J. Reilly
R. Pete Smith
Linda C. McFee

[e-mail]
[e-mail]
[e-mail]

9
Attorney for Defendants Kim C. Tucker and Park 269 LLC

10
11
/s/ Carol Cyriacks
Paralegal
FREDERICKS PEEBLES & MORGAN LLP
3610 North 163rd Plz.
Omaha, NE 68116

12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4