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)

Download PDF
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 (310)273-6333 Facsimile (310)859-2325 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 702)362-7800 ( 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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?