Federal Trade Commission v. Infusion Media, Inc. et al, No. 2:2009cv01112 - Document 131 (D. Nev. 2012)
Court Description: ORDER Granting 128 Motion to Terminate Receivership and Discharge Receiver. Receiver Robert G. Wing is discharged of all duties, responsibilities and obligations, and liabilities in connection with his administration of the receivership and the receivership estate. Signed by Judge Gloria M. Navarro on 10/23/12. (Copies have been distributed pursuant to the NEF - EDS)
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Federal Trade Commission v. Infusion Media, Inc. et al 4 JONATHON T. TICHY (8692) PRINCE YEATES & GELDZAHLER, P.C. 15 West South Temple, Suite 1700 Salt Lake City, Utah 84101 Telephone: (801) 524-1000 Facsimile: (801) 524-1098 Email: jtt@princeyeates.com 5 Doc. 131 Attorneys for Receiver 1 2 3 IN THE UNITED STATES DISTRICT COURT DISTRICT OF NEVADA 6 7 8 FEDERAL TRADE COMMISSION, Plaintiff, 9 10 11 12 13 v. INFUSION MEDIA, INC., a corporation, also d/b/a Google Money Tree, Google Pro, Internet Income Pro, and Google Treasure Chest; 16 17 18 19 20 21 22 ORDER TERMINATING RECEIVERSHIP AND DISCHARGING RECEIVER Judge: Gloria M. Navarro [Submitted Electronically] 14 15 Case No. 2:09-cv-01112-GMN-LRL WEST COAST INTERNET MEDIA, INC., a corporation, also d/b/a Google Money Tree, Google Pro, Internet Income Pro, and Google Treasure Chest; TWO WARNINGS, LLC, a limited liability company; TWO PART INVESTMENTS, LLC, a limited liability company, PLATINUM TELESERVICES, INC., a corporation; 23 24 25 26 JONATHAN EBORN, Individually and as an officer of Infusion Media, Inc., Two Warnings, LLC, Two Part Investments, LLC, and West Coast Internet Media, Inc.; 27 28 Dockets.Justia.com 1 2 3 4 STEPHANIE BURNSIDE Individually and as an officer of Two Warnings, LLC, Two Part Investments, LLC, and West Coast Internet Media, Inc.; 5 6 7 MICHAEL McLAIN MILLER, Individually and as an officer of Infusion Media, Inc., Two Warnings, LLC, and Two Part Investments, LLC; and 8 9 TONY NORTON, Individually and as an officer of Platinum Teleservices, Inc., 10 Defendants . 11 12 13 On September 10, 2009, this Court entered its Preliminary Injunction With Asset 14 Freeze, Appointment of Receiver, and Other Equitable Relief which, among other things, 15 continued the appointment of Robert G. Wing as Receiver for the business entity 16 17 defendants and their affiliates in this action. Having completed his work as directed by 18 and approved by this Court, the Receiver now moves for an order terminating the 19 Receivership and discharging him as Receiver. 20 21 22 23 The Court has considered the Motion and the record in this case, and hereby concludes and orders as follows: 1. Reasonable notice of the Motion has been provided to all interested parties. 2. The Receiver has acted in a reasonable, prudent, diligent and efficient 24 25 26 manner. 27 28 -2- 1 2 3. The Receiver has effectively and appropriately performed his duties as Receiver. 3 4 5 6 7 4. The grounds for the receivership no longer exist. ACCORDINGLY IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. The Motion is granted. 2. The receivership imposed by this Court is hereby terminated and the Court 8 9 10 approves and ratifies the actions of the Receiver during his administration of the 11 Receivership estate. 12 3. The Receiver, Robert G. Wing, is hereby discharged of all duties, 13 14 responsibilities and obligations, and liabilities in connection with his administration of 15 the receivership and the receivership estate. All persons and entities engaged and 16 employed by the Receiver, are hereby a) released and absolved of and from any and all 17 claims arising from the performance of their official duties or the administration of the 18 19 receivership estate, including, but not limited to, any claim concerning or relating to the 20 filing of any local, state or federal tax returns and b) forever discharged of any liability 21 arising form or out of this receivership to any holder of any claims against or interests in 22 the Receivership entities, or to any other party. 23 4. The Receiver is authorized to maintain and/or destroy all records and 24 25 personal property of the Receivership in consultation with the Federal Trade 26 Commission. 27 28 -3- 1 2 5. The Receiver is authorized to transfer any funds remaining in the Receivership account to the FTC after the outstanding administrative expenses and 3 4 5 6 7 authorized payments of the Receivership have been paid, all such transfers and payments to be made within seven (7) days of the entry of this Order. 6. To the extent any dispute arises concerning the Receiver’s administration of the assets entrusted to him or to the extent that any person or entity seeks to pursue or 8 9 assert any claim or action against the Receiver arising out of or related to his duties as 10 Receiver in this case, this Court retains exclusive jurisdiction to hear and resolve any 11 such disputes or claim. 12 DATED this 23rd day of October, 2012. 2012. DATED THIS ___ day of ____________, 13 14 15 16 17 BY THE COURT: ________________________________ Gloria M. Navarro _______________________________ United States District Judge DISTRICT COURT JUDGE 18 19 20 21 22 23 24 25 26 27 28 -4- CERTIFICATE OF SERVICE 1 2 3 I hereby certify that on the 19th day of October, 2012, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF System, which sent a Notice of 4 5 6 7 8 9 10 Electronic Filing to all parties whose names appear on the electronic mail notice list for this case. I further certify that on the 19th day of October, 2012, I also caused a true and correct copy of the foregoing to be delivered by email and by First-Class Mail, postage prepaid, to each of the following: 11 12 13 14 15 16 17 18 19 Daniel O. Hanks Kathleen Benway Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580 dhanks@ftc.gov kbenway@ftc.gov Matthew R. Lewis David Z. Wiseman Ray Quinney & Nebeker 36 S State St Ste 1400 Salt Lake City, Utah 84111 mlewis@rqn.com zwiseman@rqn.com 20 /s/ Jonathon T. Tichy 21 22 23 24 25 26 27 28 -5- CLERK=S CERTIFICATE 1 2 3 The undersigned certifies that a copy of the foregoing Order was served on the following persons by mail or electronic mail on the day of ________, 2012, addressed as follows: 4 5 6 7 8 9 10 11 12 13 14 15 Daniel O. Hanks Kathleen Benway Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580 dhanks@ftc.gov kbenway@ftc.gov Matthew R. Lewis David Z. Wiseman Ray Quinney & Nebeker 36 S State St Ste 1400 Salt Lake City, Utah 84111 mlewis@rqn.com zwiseman@rqn.com Robert G. Wing Prince Yeates & Geldzahler, P.C. 15 West South Temple, Suite 1700 Salt Lake City, Utah 84101 rgw@princeyeates.com 16 17 _____________________________________ 18 19 20 21 22 23 24 25 26 27 28 -6-
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