Federal Trade Commission v. Consumer Defense LLC et al

Filing 251

ORDER Granting 246 Stipulation to Continue Hearing re 216 Emergency Motion to Extend Discovery. Motion Hearing reset for 7/19/2019 at 11:00 AM in LV Courtroom 3B. Signed by Magistrate Judge Brenda Weksler on 7/2/2019. (Copies have been distributed pursuant to the NEF - MR)

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D. BRIAN BOGGESS, No. 4537
BOGGESS LAW GROUP
7495 West Azure Drive, Suite 211
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
Attorney for Defendants

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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEVADA

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BOGGESS LAW GROUP

7495 West Azure Drive, Suite 211
Las Vegas, Nevada 89130
[phone] - Fax [phone]

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FEDERAL TRADE COMMISSION,
Plaintiff,

STIPULATION TO CONTINUE
HEARING

v.
CONSUMER DEFENSE, LLC, a Nevada limited
liability company; CONSUMER LINK, INC., a
Nevada corporation; PREFERRED LAW, PLLC, a
Utah professional limited liability company;
AMERICAN HOME LOAN COUNSELORS, a
Utah corporation; AMERICAN HOME LOANS,
LLC, a Utah limited liability company;
CONSUMER DEFENSE GROUP, LLC, f/k/a
MODIFICATION REVIEW BOARD, LLC, a
Utah limited liability company; CONSUMER
HOME DEFENSE, LLC, a Utah limited liability
company; BROWN LEGAL, INC., a Utah
corporation; AM PROPERTY MANAGEMENT,
LLC, a Utah limited liability company; FMG
PARTNERS, LLC, a Utah limited liability
company; ZINLY, LLC, a Utah limited liability
company; JONATHAN P. HANLEY, in his
individual and corporate capacity; BENJAMIN R.
HORTON, in his individual and corporate
capacity; and SANDRA X. HANLEY, in her
individual and corporate capacity,

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Case No: 2:18-cv-00030-JCM-BNW

Defendants.

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COME NOW, the Defendants, CONSUMER DEFENSE, LLC; CONSUMER LINK, INC.;

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AMERICAN HOME LOAN COUNSELORS; AMERICAN HOME LOANS, LLC; CONSUMER
DEFENSE GROUP, LLC F/K/A MODIFICATION REVIEW BOARD, LLC; BROWN LEGAL, INC.;
FMG PARTNERS, LLC; ZINLEY, LLC; JONATHAN P. HANLEY; AND SANDRA X. HANLEY,
by and through their attorney of record, and the Plaintiff, FEDERAL TRADE COMMISSION, by and
through its attorneys of record, and hereby stipulate, agree and seek this Court’s Order as follows:
1.

On January 8, 2018, the FTC filed a complaint for permanent injunction and other equitable relief

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against individuals Jonathan Hanley, Benjamin Horton1, and Sandra Hanley, and against the entities

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Consumer Defense, LLC (Nevada), Consumer Link, Inc. (the “Nevada Corporate Defendants”),

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Preferred Law, PLLC, American Home Loan Counselors, Consumer Defense Group, LLC, Consumer

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Defense, LLC (Utah), Brown Legal, Inc., AM Property Management, LLC, FMG Partners, LLC, and

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Zinly, LLC (the “Utah Corporation Defendants”) (all collectively the “Corporate Defendants”) . (ECF

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No. 1.)

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2.

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Defendants, including the Corporate Defendants. (ECF No. 233.)

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3.

On June 5, 2019, D. Brian Boggess entered his Notice of Appearance as Counsel for all of the

At the time Counsel entered his appearance, various discovery-related Motions were pending

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BOGGESS LAW GROUP

before the Court, including Defendants’ Emergency Motion to Extend Time Discovery. (ECF 216.)

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7495 West Azure Drive, Suite 211
Las Vegas, Nevada 89130
[phone] - Fax [phone]

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July 8, 2019 at 10:00 a.m. (ECF 244.)

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5.

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the reach of cellular phones and the internet while participating in a previously-scheduled fifty-mile

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backpacking trip with a group of scouts.

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6.

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discovery motions, the parties agree, stipulate and request that this Court continue the Hearing to a date

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and time convenient to the Court either before July 8, 2019 or on or after July 15, 2019.

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7.

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24, 2019. The undersigned Counsel will make themselves available any other July date.

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That Motion, as well as other pending Motions, has now been set for Hearing before the Court ON

Counsel for Defendants has a conflict during the week of July 8, 2019, wherein he will be outside

Given Counsel’s conflict, and the importance of the upcoming hearing on the outstanding

The only dates in July which Counsel for the parties can not appear are: July 8-12, July 23 and July

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On June 5, 2018, the Court entered a stipulated order for permanent injunction and
28 monetary judgment as to Defendant Horton, who is no longer actively involved in this
matter. (ECF No. 111.)

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8.

This stipulation is made in good faith among and at the request of the parties, and not for purposes

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of delay.

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BOGGESS LAW GROUP

ALDEN F. ABBOTT, General Counsel

By: /s/ D. Brian Boggess
D. Brian Boggess
Nevada Bar No. 4537
7495 W. Azure Drive, Suite 211
Las Vegas, Nevada 89130
[e-mail]
Attorney for Defendants

By:_/s/ Gregory A. Ashe_____________
GREGORY A. ASHE
JASON D. SCHALL
Federal Trade Commission
600 Pennsylvania Avenue NW
Washington, DC 20850
Email: [e-mail], [e-mail]

Dated this 27th day of June, 2019.

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NICHOLAS A. TRUTANICH
United States Attorney
BLAINE T. WELSH
Assistant United States Attorney
Nevada Bar No. 4790
501 Las Vegas Blvd. South, Suite 1100
Las Vegas, NV 89101
Email:
[e-mail]

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Attorneys for Plaintiff

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Dated this 27th day of June, 2019.

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BOGGESS LAW GROUP

7495 West Azure Drive, Suite 211
Las Vegas, Nevada 89130
[phone] - Fax [phone]

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ORDER
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IT IS ORDERED that the hearing on the Emergency Motion to Extend Discovery (ECF No. 216)
currently set for 7/8/2019 is VACATED and CONTINUED to 7/19/2019 at 11:00 a.m. in
Courtroom 3B.
______________________________________
Honorable Brenda Weksler
United States Magistrate Judge

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Dated: July 2, 2019
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