Federal Trade Commission, et al. v. Zurixx, et al., No. 20-4090 (10th Cir. 2022)Annotate this Case
David Efron and Efron Dorado SE (collectively, "Efron") appealed a civil contempt order entered by the district court for violating its preliminary injunction. This litigation began when the Federal Trade Commission and the Utah Division of Consumer Protection filed a complaint in the federal district court against Zurixx, LLC and related entities. The complaint alleged Zurixx marketed and sold deceptive real-estate investment products. The district court entered a stipulated preliminary injunction, enjoining Zurixx from continuing its business activities and freezing its assets wherever located. The injunction also directed any person or business with actual knowledge of the injunction to preserve any of Zurixx’s assets in its possession, and it prohibited any such person or business from transferring those assets. A week later, the receiver filed a copy of the complaint and injunction in federal court in Puerto Rico, where Zurixx leased office space from Efron. The office contained Zurixx’s computers, furniture, and other assets. The receiver also notified Efron of the receivership and gave him actual notice of the injunction. Although Efron at first allowed the receiver access to the office to recover computers and files, he later denied access to remove the remaining assets and initiated eviction proceedings against Zurixx in a Puerto Rico court. Given these events, the receiver moved the district court in Utah for an order holding Efron in contempt of court for violating the injunction. In response, Efron claimed the assets belonged to him under his lease agreement with Zurixx. The Tenth Circuit Court of Appeal determined the contempt order was a non-final decision. It therefore dismissed this appeal for lack of jurisdiction.