United States of America v. Kern et al

Filing 20

ORDER. IT IS HEREBY ORDERED that 8 , 17 the stipulations to continue the briefing schedule and hearing on the order for defendants to show cause, in writing, why the temporary restraining order should not be converted into a preliminary injun ction, and to maintain the temporary restraining order in place pending the hearing on that matter, are GRANTED. IT IS FURTHER ORDERED that the show-cause hearing set for 3/5/18, is CONTINUED to 4/24/18, at 3 p.m. The time for defendants to respon d to the show-cause order is EXTENDED to 5 p.m. on 4/10/18. The time for the United States to reply to the show-cause order is EXTENDED to 5 p.m. on 4/17/18. IT IS FURTHER ORDERED that the time for the temporary restraining order 7 to expire is EXTENDED to 4/24/18, at 4 p.m. Signed by Judge Jennifer A. Dorsey on 3/2/2018. (Copies have been distributed pursuant to the NEF - ADR)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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United States of America,

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Case No.: 2:18-cv-00283-JAD-PAL

Plaintiff

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v.

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Order Granting Stipulations, Extending
Temporary Restraining Order, and
Continuing Show-cause Hearing on
Preliminary Injunctive Relief

Patricia Kern, et al.,

[ECF Nos. 8, 17]
Defendants

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The United States of America sues six individuals and 13 entities for injunctive relief

10 under 18 U.S.C. § 1345, alleging that they have all schemed to defraud persons using the United
11 States mail system in violation of 18 U.S.C. §§ 1341 and 1349. 1 The United States moved for a
12 temporary restraining order against all of the defendants. 2 On February 20, 2018, I granted the
13 United States’ motion in part, issued an order restraining the defendants from engaging in
14 specific activities, ordered the defendants to show cause, in writing, by February 27, 2018, why
15 the temporary restraining order should not be converted into a preliminary injunction, and set the
16 matter for hearing on March 5, 2018, at 3 p.m. 3
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Since the entry of this order, two of the individual defendants have stipulated to continue

18 the show-cause briefing schedule and hearing, and to maintain the temporary restraining order in
19 place pending that hearing, arguing that an extension is needed for them to properly prepare their
20 responses and because they are engaged in settlement negotiations with the United States. 4 One
21 of the individual defendants responded to the show-cause order with general denials based upon
22 his Fifth Amendment right not to self-incriminate himself. 5 Two of the entity defendants
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ECF No. 1.

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ECF No. 2.

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ECF No. 7.

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ECF Nos. 8, 17.

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ECF No. 9.

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1 responded with general denials due to the potential for criminal prosecutions against them. 6
2 Another of the individual defendants responded that he has no objection to the temporary
3 restraining order being converted into a preliminary injunction. 7 And none of the remaining
4 defendants have timely responded in writing to the show-cause order or otherwise appeared in
5 this case. Based on the foregoing, my prior finding that “most of the entity defendants appear to
6 be shams,” 8 and good cause appearing,
IT IS HEREBY ORDERED that the stipulations to continue the briefing schedule and

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8 hearing on the order for defendants to show cause, in writing, why the temporary restraining
9 order should not be converted into a preliminary injunction, and to maintain the temporary
10 restraining order in place pending the hearing on that matter, [ECF Nos. 8, 17] are GRANTED.
IT IS FURTHER ORDERED that the show-cause hearing set for March 5, 2018, is

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12 CONTINUED to April 24, 2018, at 3 p.m. The time for defendants to respond to the show13 cause order is EXTENDED to 5 p.m. on April 10, 2018. The time for the United States to reply
14 to the show-cause order is EXTENDED to 5 p.m. on April 17, 2018.
IT IS FURTHER ORDERED that the time for the temporary restraining order [ECF No.

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16 7] to expire is EXTENDED to April 24, 2018, at 4 p.m.
17 Dated: March 2, 2018
_______________________________
U.S. District Judge Jennifer A. Dorsey

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ECF Nos. 11, 13.

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ECF No. 16.

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ECF No. 7 at 4.

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