Federal Trade Commission v. Revmountain LLC et al

Filing 113

ORDER Granting 112 Stipulation to Stay Case. Signed by Magistrate Judge George Foley, Jr on 2/27/2018. (Copies have been distributed pursuant to the NEF - MR)

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DAVID C. SHONKA
Acting General Counsel
SARAH WALDROP
MICHELLE SCHAEFER
Attorneys
Federal Trade Commission
600 Pennsylvania Avenue, NW
Mailstop CC-9528
Washington, DC 20580
Telephone: [phone] (Waldrop)
Telephone: [phone] (Schaefer)
Facsimile: 202-326-3197
Email: [e-mail], [e-mail]
STEVEN W. MYHRE
Acting United States Attorney
BLAINE T. WELSH
Assistant United States Attorney
Nevada Bar No. 4790
501 Las Vegas Blvd. South, Suite 1100
Las Vegas, Nevada 89101
Phone: [phone]
Facsimile: 702-388-6787
Email: [e-mail]
Attorneys for Plaintiff Federal Trade Commission.

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA
FEDERAL TRADE COMMISSION,

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Plaintiff,
v.
REVMOUNTAIN, LLC, et al.,
Defendants.

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Case No: 17-cv-02000-APG-GWF
STIPULATION OF ALL PARTIES TO
STAY CASE AND TOLL DEADLINES
PENDING COMMISSION’S AND
COURT’S REVIEW OF PROPOSED
SETTLEMENTS

Counsel for Plaintiff Federal Trade Commission (“FTC” or “Commission”) and all

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Defendants have agreed on the terms of proposed settlements, subject to review and approval by

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the Commission. The FTC and Defendants stipulate herein to the entry of an order staying any

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further proceedings in this case and tolling all deadlines to allow the Commission to vote on the

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proposed settlements and, should the Commission vote in favor, to allow the Court to consider

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them. In support of this request, the FTC and Defendants state as follows:
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Defendants have signed proposed settlements – i.e., Stipulated Permanent Injunctions

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and Other Equitable Relief – that FTC counsel plans to recommend to the Commission. The

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FTC is an independent federal agency. Therefore, FTC counsel does not have authority to file

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the proposed settlements until the Commission reviews and approves them. The Commission

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approval process takes some time, usually 60 to 90 days.

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If the Commission approves the proposed settlements, FTC counsel promptly will file

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the proposed settlements with the Court. If the proposed settlements have not yet been filed

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with the Court by May 21, 2018, FTC counsel propose to advise the Court of the status of this

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case by filing a status report at that time. If any of the settlements are rejected by the

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Commission or otherwise break down, the FTC plans to file a motion to lift the stay and

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recalculate the tolled deadlines.

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Respectfully submitted this 26th day of February, 2018.
/s/ SARAH WALDROP
SARAH WALDROP
MICHELLE SCHAEFER
Attorneys for Federal Trade Commission
/s/ GIOVANNI RUSCITTI
GIOVANNI RUSCITTI
Attorney for Defendant Blair McNea and all
Corporate Defendants
/s/ RACHEL HIRSCH
RACHEL HIRSCH
Attorney for Defendant Danielle Foss
/s/ RICHARD NEWMAN
RICHARD NEWMAN
Attorney for Defendant Jennifer Johnson

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IT IS SO ORDERED:

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____________________________________________

UNITED STATES MAGISTRATE JUDGE
UNITED STATES DISTRICT JUDGE
DATED:__________________________
2/27/2018

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PROOF OF SERVICE

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I hereby certify that I served the foregoing Stipulation of All Parties to Stay Case and
Toll Deadlines Pending Commission’s and Court’s Review of Proposed Settlements on February
26, 2018, on counsel for all parties as follows via the CM/ECF filing system:
Giovanni Ruscitti
Berg Hill Greenleaf Ruscitti LLP
1712 Pearl Street
Boulder, CO 80302
303-402-1600
[e-mail]

Counsel for Defendant Danielle Foss

Richard Newman
Hinch Newman LLP
40 Wall Street, 35th Floor
New York, NY 10005
212-756-8777
[e-mail]

Claude Wild
Claude Wild Law
9247 Mornington Way
Lone Tree, CO 80124
303-916-9082
[e-mail]

Eric D. Hone
Gabriel A. Blumberg
Dickinson Wright PLLC
8363 West Sunset Road, Suite 200
Las Vegas, NV 89113
702-550-4400
[e-mail]
[e-mail]
Counsel for Defendant Jennifer Johnson

Eric Swanis
Greenberg Traurig LLP
3773 Howard Hughes Parkway, Ste. 400 N
Las Vegas, NV 89169
702-792-3773
[e-mail]
Counsel for Defendant Blair McNea and
Corporate Defendants

Byron Moldo
Ervin Cohen & Jessup LLP
9401 Wilshire Blvd., 9th Floor
Beverly Hills, CA 90212
310-281-6354
[e-mail]

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Rachel Hirsch
Ifrah Law PLLC
1717 Pennsylvania Ave. NW, Suite 650
Washington, DC 20006
202-524-4145
[e-mail]

Bart K. Larsen
Kolesar & Leatham
400 South Rampart Boulevard, Suite 400
Las Vegas, NV 89145
702-362-7800
[e-mail]
Counsel for Joshua Teeple, Temporary
Receiver

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Ronald Green
Randazza Legal Group, PLLC
4035 El Capitan Way
Las Vegas, NV 89147
702-420-2001
[e-mail]

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/s/ Sarah Waldrop
Sarah Waldrop

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