Federal Trade Commission v. Consumer Defense LLC et al

Filing 23

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)

Download PDF
UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 1 2 FEDERAL TRADE COMMISSION, 3 Case No. 2:18-cv-00030-JCM-PAL Plaintiff, 4 5 6 STIPULATION AND ORDER CONTINUING HEARING ON PRELIMINARY INJUNCTION AND CONTINUING TEMPORARY RESTRAINING ORDER v. CONSUMER DEFENSE, LLC, et al., 7 Defendants. 8 9 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 11 follows: 12 1. The parties seek a continuance of the January 24, 2018 hearing on the order to show 13 14 15 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, 16 February 7, 2018 at 10:00 a.m., at the United States Courthouse, Courtroom 6A, Las 17 Vegas, Nevada, to show cause, if any there be, why this Court should not enter a 18 preliminary injunction, pending final ruling on the complaint, against Defendants 19 enjoining them from further violations of the FTC Act and the Mortgage Assistance 20 Relief Services Rule, continuing the freeze of their assets, continuing the receivership 21 22 over the receivership entities, and imposing such additional relief as may be appropriate. 23 24 2. Defendants shall file with the Court and serve on FTC counsel any answering pleadings, 25 affidavits, motions, expert reports or declarations, or legal memoranda no later than four 26 (4) days prior to the order to show cause hearing scheduled pursuant to this Order. The 27 Page 1 of 4 FTC may file responsive or supplemental pleadings, materials, affidavits, or memoranda 1 2 with the Court and serve the same on counsel for Defendants no later than one (1) day 3 prior to the order to show Cause hearing. Provided that such affidavits, pleadings, 4 motions, expert reports, declarations, legal memoranda or oppositions must be served by 5 personal or overnight delivery, facsimile or email, and be received by the other party or 6 parties no later than 5:00 p.m. (PST) on the appropriate dates set forth in this Section. 7 8 9 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 10 raises a genuine and material factual issue. The question of whether this Court should 11 enter a preliminary injunction shall be resolved on the pleadings, declarations, exhibits, 12 and memoranda filed by, and oral argument of, the parties. Live testimony shall be heard 13 14 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 15 16 the preliminary injunction hearing in this matter. Such motion shall set forth the name, 17 address, and telephone number of each proposed witness, a detailed summary or affidavit 18 revealing the substance of each proposed witness’s expected testimony, and an 19 explanation of why the taking of live testimony would be helpful to this Court. Any 20 papers opposing a timely motion to present live testimony or to present live testimony in 21 response to another party’s timely motion to present live testimony shall be filed with this 22 Court and served on the other parties at least three (3) days prior to the order to show 23 24 cause hearing. 25 26 27 Page 2 of 4 1 4. Except as provided in Section 5 below, the Temporary Restraining Order entered on 2 January 10, 2018 (ECF No. 12) shall continue in full force and effect as to Defendants 3 until after the rescheduled hearing on the order to show cause. 4 5. 5 The asset freeze provisions of the Temporary Restraining Order are hereby modified as follows: 6 a. Defendants Jonathan Hanley, Sandra Hanley, and Benjamin Horton each may retain 7 and spend income received from employment unrelated to mortgage assistance relief 8 services performed after the date of entry of this Order; 9 10 b. Defendants Jonathan Hanley, Sandra Hanley, and Benjamin Horton each may retain 11 and spend assets acquired by loan or gift after the date of entry of this Order only 12 after identifying such assets to FTC counsel; provided, however, that this section does 13 14 not apply to loans or gifts valued at less than $500 6. This agreement shall be without prejudice to any party. 15 16 IT IS SO STIPULATED. 17 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 27 Page 3 of 4 1 2 333 Las Vegas Blvd. South, Suite 5000 Las Vegas, Nevada 89101 Phone: (702) 388-6336 Facsimile: (702) 388-6787 3 4 5 6 7 8 9 10 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 11 Attorneys for Thomas McNamara, Court- 12 appointed Receiver 13 14 IT IS SO ORDERED. ___________________________________ JAMES C. MAHAN UNITED STATES DISTRICT JUDGE 15 16 17 January 22, 2018 Dated:____________________ 18 19 20 21 22 23 24 25 26 27 Page 4 of 4

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?