Federal Trade Commission v. Consumer Defense LLC et al
Filing
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ORDER Granting 22 Joint Motion to Continue Hearing re 6 Motion for Preliminary Injunction. Motion Hearing reset for 2/7/2018 at 10:00 AM in LV Courtroom 6A. Signed by Judge James C. Mahan on 1/22/2018. (Copies have been distributed pursuant to the NEF - MR)
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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FEDERAL TRADE COMMISSION,
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Case No. 2:18-cv-00030-JCM-PAL
Plaintiff,
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STIPULATION AND ORDER
CONTINUING HEARING ON
PRELIMINARY INJUNCTION
AND CONTINUING
TEMPORARY RESTRAINING
ORDER
v.
CONSUMER DEFENSE, LLC, et al.,
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Defendants.
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The FTC, the Receiver, and Defendants Jonathan Hanley and Sandra Hanley, by and through
10 their undersigned counsel, and pro se Defendant Benjamin Horton hereby stipulate and agree as
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1.
The parties seek a continuance of the January 24, 2018 hearing on the order to show
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cause why a preliminary injunction should not be entered for at least two weeks, to occur
on or after February 7, 2018. Accordingly, Defendants shall appear on Wednesday,
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February 7, 2018 at 10:00 a.m., at the United States Courthouse, Courtroom 6A, Las
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Vegas, Nevada, to show cause, if any there be, why this Court should not enter a
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preliminary injunction, pending final ruling on the complaint, against Defendants
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enjoining them from further violations of the FTC Act and the Mortgage Assistance
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Relief Services Rule, continuing the freeze of their assets, continuing the receivership
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over the receivership entities, and imposing such additional relief as may be appropriate.
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Defendants shall file with the Court and serve on FTC counsel any answering pleadings,
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affidavits, motions, expert reports or declarations, or legal memoranda no later than four
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(4) days prior to the order to show cause hearing scheduled pursuant to this Order. The
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FTC may file responsive or supplemental pleadings, materials, affidavits, or memoranda
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with the Court and serve the same on counsel for Defendants no later than one (1) day
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prior to the order to show Cause hearing. Provided that such affidavits, pleadings,
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motions, expert reports, declarations, legal memoranda or oppositions must be served by
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personal or overnight delivery, facsimile or email, and be received by the other party or
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parties no later than 5:00 p.m. (PST) on the appropriate dates set forth in this Section.
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3.
An evidentiary hearing on the FTC’s request for a preliminary injunction is not necessary
unless Defendants demonstrate that they have, and intend to introduce, evidence that
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raises a genuine and material factual issue. The question of whether this Court should
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enter a preliminary injunction shall be resolved on the pleadings, declarations, exhibits,
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and memoranda filed by, and oral argument of, the parties. Live testimony shall be heard
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only on further order of this Court. Any motion to permit such testimony shall be filed
with the Court and served on counsel for the other parties at least five (5) days prior to
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the preliminary injunction hearing in this matter. Such motion shall set forth the name,
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address, and telephone number of each proposed witness, a detailed summary or affidavit
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revealing the substance of each proposed witness’s expected testimony, and an
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explanation of why the taking of live testimony would be helpful to this Court. Any
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papers opposing a timely motion to present live testimony or to present live testimony in
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response to another party’s timely motion to present live testimony shall be filed with this
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Court and served on the other parties at least three (3) days prior to the order to show
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cause hearing.
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4.
Except as provided in Section 5 below, the Temporary Restraining Order entered on
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January 10, 2018 (ECF No. 12) shall continue in full force and effect as to Defendants
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until after the rescheduled hearing on the order to show cause.
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5.
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The asset freeze provisions of the Temporary Restraining Order are hereby modified as
follows:
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a. Defendants Jonathan Hanley, Sandra Hanley, and Benjamin Horton each may retain
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and spend income received from employment unrelated to mortgage assistance relief
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services performed after the date of entry of this Order;
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b. Defendants Jonathan Hanley, Sandra Hanley, and Benjamin Horton each may retain
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and spend assets acquired by loan or gift after the date of entry of this Order only
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after identifying such assets to FTC counsel; provided, however, that this section does
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not apply to loans or gifts valued at less than $500
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This agreement shall be without prejudice to any party.
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IT IS SO STIPULATED.
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18 /s/Adam M. Wesolowski
/s/Matthew Lewis (by permission)
MATTHEW LEWIS
Ray, Quinney & Nemeker
36 South State Street
Suite 1400
Salt Lake City, UT 84111
Telephone: 801-532-1500
Facsimile: 801-532-7543
Email: mlewis@rqn.com
ADAM M. WESOLOWSKI
19 GREGORY A. ASHE
Federal Trade Commission
20 600 Pennsylvania Avenue NW
21 Washington, DC 20850 (Wesolowski)
Telephone: 202-326-3068
22 Telephone: 202-326-3719 (Ashe)
Facsimile: 202-326-3768
23 Email: awesolowski@ftc.gov; gashe@ftc.gov
Attorney for Defendants Jonathan Hanley and
Sandra Hanley
24 DAYLE ELIESON
25 United States Attorney
BLAINE T. WELSH
26 Assistant United States Attorney
Nevada Bar No. 4790
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333 Las Vegas Blvd. South, Suite 5000
Las Vegas, Nevada 89101
Phone: (702) 388-6336
Facsimile: (702) 388-6787
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Attorneys for Plaintiff
/s/Andrew Robertson (by permission)
ANDREW ROBERTSON
EDWARD CHANGE
McNamara Smith LLP
655 West Broadway, Suite 1600
San Diego, CA 92101
Telephone: 619-269-0400
Facsimile: 619-269-0401
Email: arobertson@mcnamarallp.com,
echang@mcnamarallp.com
/s/Benjamin Horton (by permission)
BENJAMIN HORTON
Defendant pro se
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Attorneys for Thomas McNamara, Court-
12 appointed Receiver
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IT IS SO ORDERED.
___________________________________
JAMES C. MAHAN
UNITED STATES DISTRICT JUDGE
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January 22, 2018
Dated:____________________
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