FTC V. JASON CARDIFF, No. 20-55858 (9th Cir. 2021)
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NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS APR 28 2021 FOR THE NINTH CIRCUIT MOLLY C. DWYER, CLERK FEDERAL TRADE COMMISSION, Plaintiff-Appellee, No. 20-55858 D.C. No. 5:18-cv-02104-DMG-PLA ROBB EVANS & ASSOCIATES LLC, Temporary Receiver, Receiver-Appellee, v. U.S. COURT OF APPEALS ORDER VPL MEDICAL, INC., Intervenor-Appellant, JASON CARDIFF, et al., Defendant-Appellant, and EUNJUNG CARDIFF, et al., Defendants, JACQUES POUJADE, Objector. Appeal from the United States District Court for the Central District of California Dolly M. Gee, District Judge, Presiding Argued and Submitted March 2, 2021 Submission Vacated March 4, 2021 Resubmitted April 28, 2021 Pasadena, California Before: SILER,* HURWITZ, and COLLINS, Circuit Judges. Submission of this case was vacated on March 4, 2021. This case is resubmitted for decision effective as of the date of this order. As the FTC states in its brief, the district court’s July 7, 2020 preliminary injunction order was entered “to preserve assets pending a final judgment that could include equitable monetary relief” in this action under § 13(b) of the FTC Act, 15 U.S.C. § 53(b). In AMG Capital Management, LLC v. Federal Trade Commission, 593 U.S. ___, 2021 WL 1566607 (Apr. 22, 2021), the Supreme Court unanimously held “that §13(b) as currently written does not grant the Commission authority to obtain equitable monetary relief.” Id. at *8. Accordingly, the July 7, 2020 preliminary injunction is VACATED, and the case is REMANDED to the district court for further proceedings consistent with the Supreme Court’s decision in AMG Capital Management. Each side shall bear its own costs. * The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of Appeals for the Sixth Circuit, sitting by designation. 2
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