Federal Trade Commission v. Revmountain LLC et al

Filing 49

ORDER Granting 47 Stipulation Authorizing Joshua Teeple, Temporary Receiver, to: 1. Employ Auctioneer to Sell Personal Property; and 2. Vacate Henderson, Nevada Premises. See Order for details. Signed by Judge Andrew P. Gordon on 8/24/17. (Copies have been distributed pursuant to the NEF - MR)

Case 2:17-cv-02000-APG-GWF Document 47 Filed 08/23/17 Page 1 of 7

1 Byron Z. Moldo
bmoldo~a~,ec~law.com
2 a i ornia Bar 10 652
ERVIN COHEN & JESSUP LLP
9401 Wilshire Boulevard, Ninth Floor
3
Beverly Hills, CA 90212-2974
4 Telephone [phone]
Facsimile [phone]
5
Bart K. Larsen
6 blarsen(a~klnevada.com
Neva a ar 5
KOLESAR & LEATHAM
7
400 S. Rampart Boulevard, Suite 400
8 Las Vegas, NV 89145
Telephone [phone]
(
Facsimile 02)362-9472
9
10 Attorneys for Joshua Teeple, Temporary Receiver
11
12

UNITED STATES DISTRICT COURT

13

DISTRICT OF NEVADA,SOUTHERN DIVISION

14
15 ~ FEDERAL TRADE COMMISSION,
Plaintiff,

16
17

v.

18 REVMOLTNTAIN,LLC,a Nevada
limited liability company, et al.,
19
Defendants.
2
0

Case No. 17-CV-02000-APG-GWF
STIPULATION AND ORDER
AUTHORIZING JOSHUA TEEPEE,
TEMPORARY RECEIVER,TO:
1 EMPLOY AUCTIONEER TO
.
SELL PERSONAL
PROPERTY; AND
2 VACATE HENDERSON,
.
NEVADA PREMISES

22

DATE
TIME: [No Hearing Scheduled]
CTRM:

23

The Hon. Andrew P. Gordon

21

24

IT IS HEREBY STIPULATED between Joshua Teeple, Temporary Receiver

25 (
"Receiver"), plaintiff Federal Trade Commission ("FTC"),the Entity Defendants,
2 ~ ~ and defendants Blair McNea, Jennifer Johnson, and Danielle Foss (collectively
6
27 ~ ~ "Defendants"), as follows:
2
8
16177.1:3614665.1

Case 2:17-cv-02000-APG-GWF Document 47 Filed 08/23/17 Page 2 of 7

RECITALS

1
2

A.

WHEREAS,Joshua Teeple is the appointed, qualified and acting

3 Temporary Receiver of RevMountain, LLC; RoadRunner B2C,LLC, d/b/a Revco;
4 Wave Rock, LLC; Juniper Solutions, LLC; Jasper Woods,LLC; Wheeler Peak
5 Marketing, LLC; ROIRunner, LLC; Cherry Blitz, LLC; Flat Iron Avenue, LLC;
6 Absolutely Working, LLC; Three Lakes, LLC; Bridge Ford, LLC; How and Why,
7 LLC; Spruce River, LLC; TrimXT, LLC; Elation White, LLC; IvoryPro, LLC;
8 Doing What's Possible, LLC; RevGuard,LLC; RevLive!, LLC; Blue Rocket
9 Brands, LLC; Convertis, LLC; Convertis Marketing, LLC; Turtle Mountains, LLC;
10 Boulder Black Diamond,LLC; Mint House, LLC; Thunder Avenue, LLC;
11 University &Folsom,LLC; Boulder Creek Internet Solutions, Inc.; Walnut Street
12 Marketing, Inc.; Snow Sale, LLC; Brand Force, LLC; Wild Farms, LLC; Salamonie
13 River, LLC; Indigo Systems, LLC; Night Watch Group, LLC; Newport Crossing,
14 LLC; Greenville Creek, LLC; Brookville Lane, LLC; Anasazi Management
15 Partners, LLC; Honey Lake, LLC; Condor Canyon,LLC; Brass Triangle, LLC;
16 Solid Ice, LLC; Sandstone Beach, LLC; Desert Gecko,LLC; Blizzardwhite, LLC;
17~ Action Pro White, LLC; First Class Whitening, LLC; Spark Whitening, LLC;
18 Titanwhite, LLC; Dental Pro At Home,LLC; Smile Pro Direct, LLC; Circle of
19 Youth Skincare, LLC; DermaGlam,LLC; Sedona Beauty Secrets, LLC; Bella at
2 Home,LLC; SkinnyIQ, LLC; Body Tropical, LLC; and each of their subsidiaries,
0
21 affiliates, successors, and assigns ("Receivership Entities") pursuant to the Court's
22 July 25, 2017 order.
23

B.

WHEREAS,the Receivership Entities conducted some of their

24 business operations at 7350 Eastgate Road, Suite 140, Henderson, Nevada 89011
"Premises")
25 (
2
6

C.

WHEREAS,the Receiver immediately assumed possession and control

27 ~ ~ of the Premises following his appointment on July 25, 2017, and remains in
28 possession and control of the Premises.

16177.1:3614665.1

2

Case 2:17-cv-02000-APG-GWF Document 47 Filed 08/23/17 Page 3 of 7

1

D.

WHEREAS,the Premises contains inventory, furniture, equipment,

2 software, computers, and other items of personal property of the Receivership
3 Entities ("Personal Property").
4

E.

WHEREAS,the Receiver has concluded that is in the best interests of

5 the receivership estate and all interested parties to vacate the Premises.
6

F.

WHEREAS,the Receiver believes that the Personal Property possesses

7 value which can be sold at public auction for the benefit of all creditors ofthe
8 ~ receivership estate.
9

G.

WHEREAS,the Receiver proposes to employ R.L. Spear Co.

"Spear"), a licensed auctioneer, to conduct a public auction and sell the Personal
10 (
11 Property at the Premises or online in order to liquidate the assets in the most
12 expeditious and cost effective manner, and to generate funds for the receivership
13 estate.
14

H.

WHEREAS,the Receiver proposes to compensate Spear ten per cent

10%)ofthe gross auction proceeds plus reimbursement of expenses.
15 (
16

I.

WHEREAS,the Receiver intends to abandon the Premises following

17 the sale and removal ofthe Personal Property from the Premises.
18

J.

WHEREAS,the Receiver intends to and will store and preserve any

19 and all business records, including electronically stored information, found at the
2 Premises or on computers or other equipment found at the Premises pending the
0
21 outcome of this action.
22

NOW,THEREFORE,in consideration of the foregoing, the parties agree as

23 I I follows:
24

1.

IT IS HEREBY STIPULATED that the Receiver is authorized to

25 employ Spear as an auctioneer to sell the Personal Property of the Receivership
2 Entities located at the Premises.
6
27
2
8

16177. :3614665.1
]

~3

Case 2:17-cv-02000-APG-GWF Document 47 Filed 08/23/17 Page 4 of 7

1

2.

IT IS FURTHER STIPULATED that the Receiver is authorized to sell

2 the Personal Property of the Receivership Entities located at the Premises at public
3 auction.
4

3.

IT IS FURTHER STIPULATED that the Receiver is authorized to

5 compensate Spear ten per cent(10%)ofthe gross auction proceeds plus
6 reimbursement of expenses.
7

4.

IT IS FURTHER STIPULATED that the net auction proceeds shall be

8 deposited by the Receiver in a receivership estate trust account to be administered in
9 accordance with the orders ofthis Court.
10

5.

IT IS FURTHER STIPULATED that following the sale and removal of

11 the Personal Property from the Premises the Receiver is authorized to abandon the
12 Premises.
13

6.

IT IS FURTHER STIPULATED that, by executing below, the Entity

14 Defendants, and defendants McNea, Johnson and Foss do not waive or concede, nor
15 do they intend to waive or concede, any legal or equitable rights, remedies or
16 defenses they may have.
17 DATED: August 23, 2017

ERVIN COHEN & JESSUP LLP

18
By: /s/ Byron Z. Moldo
BYRON Z. MOLDO
Attorneys for Joshua Teeple,
Temporary Receiver

19
20
21
22
23
24

DATED: August 23, 2017

25
2
6

By: /s/ Sarah Waldrop
SARAH WALDROP
MICHELLE SCHAEFER
Attorneys for Plaintiff Federal Trade
Commission

27
2
8

16177.1:36146651

C~

Case 2:17-cv-02000-APG-GWF Document 47 Filed 08/23/17 Page 5 of 7

1 ~ DATED: August 23, 2017

GREENBERG TRAURIG,LLP

2
By: /s/ Eric W. Swanis
ERIC W. SWANIS
Attorneys for Entity Defendants and
Blair McNea

3
4
5
6
7 ~ DATED: August 23, 2017

RANDAZZA LEGAL GROUP,PLLC

8
By: /s/ Ronald D. Green
RONALD D. GREEN
Attorneys for Defendant Danielle Foss

9
10
11
12 DATED: August 23, 2017

HINCH NEWMAN LLP

13
By: /s/ Richard Newman
RICHARD NEWMAN
Attorneys for Defendant Jennifer Johnson

14
15
16
17
18
19

ORDER
Based on the Stipulation Authorizing Joshua Teeple, Temporary Receiver,

2 To: 1. Employ Auctioneer to Sell Personal Property; and 2. Vacate Henderson,
0
21 Nevada Premises ("Stipulation"), and good cause appearing therefor,
22
23

1.

IT IS HEREBY ORDERED that the Stipulation is approved.

24

2
.

IT IS FURTHER ORDERED that the Receiver is authorized to employ

25 R.L. Spear Co.("Spear") as an auctioneer to sell inventory, furniture, equipment,
2 software, computers and other items of personal property ofthe Receivership
6
27
28

16177.1:3614665.1

Case 2:17-cv-02000-APG-GWF Document 47 Filed 08/23/17 Page 6 of 7

1 Entities (as defined in the Stipulation)("Personal Property")located at 7350
2 Eastgate Road, Suite 140, Henderson, Nevada 89011 ("Premises").
3

3.

IT IS FURTHER ORDERED that the Receiver is authorized to sell the

4 Personal Property ofthe Receivership Entities located at the Premises at public
5 auction.
6

4.

IT IS FURTHER ORDERED that the Receiver is authorized to

7 compensate Spear ten per cent(10%)ofthe gross auction proceeds plus
8 reimbursement of expenses.
9

5.

IT IS FURTHER ORDERED that the net auction proceeds shall be

10 deposited by the Receiver in a receivership estate trust account to be administered in
11 accordance with the orders ofthis Court.
12

6.

IT IS FURTHER ORDERED that following the sale and removal of

13 the Personal Property from the Premises the Receiver is authorized to abandon the
14 Premises.
15

7
.

IT IS FURTHER ORDERED that by executing the Stipulation the

16 Entity Defendants, and defendants McNea, Johnson and Foss do not waive or
17 concede, nor do they intend to waive or concede, any legal or equitable rights,
18 remedies or defenses they may have.
19
2
0
21
THE HONORABLE ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

22
23

DATED:

24
25
2
6
27
2
8

16177.1:3614665.1

6

8/24/2017