-GWF Federal Trade Commision v. Johnson et al, No. 2:2010cv02203 - Document 281 (D. Nev. 2011)
Court Description: ORDER Granting 276 Joint Motion to Transfer $99,883 to the Receiver to Be Held in Escrow filed by Plaintiff Federal Trade Commission. Signed by Judge Roger L. Hunt on 8/15/2011. (Copies have been distributed pursuant to the NEF - SLR)
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-GWF Federal Trade Commision v. Johnson et al 1 2 3 4 5 6 7 8 Doc. 281 COLLOT GUERARD cguerard@ftc.gov J. RONALD BROOKE, JR. Jbrooke@ftc.gov JANICE L. KOPEC jkopec@ftc.gov DOTAN WEINMAN dweinman@ftc.gov Federal Trade Commission 600 Pennsylvania Avenue, NW, Room 288 Washington, DC 20580 202-326-3338 (Guerard) 202-326-3484 (Brooke) 202-326-2550 (Kopec) 202-326-3049 (Weinman) 202-326-3395 (facsimile) 9 10 11 12 13 BLAINE T. WELSH blaine.welsh@usdoj.gov Assistant United States Attorney Nevada Bar No. 4790 333 Las Vegas Blvd. South, Suite 5000 Las Vegas, NV 89101 702-388-6336 702-388-6787 Attorneys for Plaintiff Federal Trade Commission 14 15 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 16 17 FEDERAL TRADE COMMISSION, 18 Plaintiff, 19 v. 20 JEREMY JOHNSON, individually, as officer of Defendants I Works, Inc.; Cloud Nine, Inc.; CPA Upsell, Inc.; Elite Debit, Inc.; Internet Economy, Inc.; Market Funding Solutions, Inc.; and Success Marketing, Inc.; as a member of Defendant Network Agenda LLC; and as the de facto principal of numerous Defendant Shell Companies; I WORKS, INC., et al. 21 22 23 24 Case No. 2:10-cv-02203-RLH-GWF JOINT STIPULATED MOTION BY THE FTC AND POWDER MONKEYS, LLC FOR POWDER MONKEYS, LLC TO TRANSFER $99,883 TO THE RECEIVER TO BE HELD IN ESCROW Defendants. 25 26 27 28 FTC - Powder Monkeys Stipulated Motion RE $99,883 FTC v. Jeremy Johnson., et al. Dockets.Justia.com Plaintiff Federal Trade Commission (“FTC” or “Commission”) and Powder Monkeys, 1 2 LLC, and its manager, Todd Vowell, by and through the undersigned counsel, jointly move this 3 Honorable Court to adopt and endorse this Joint Stipulated Motion to transfer $99,883 to the 4 Receiver in this action to be held in escrow by the Receiver, subject to the asset freeze in this 5 action, until further Order of this Court, and as good grounds would further state as follows: 6 1. Powder Monkeys, LLC, and its manager, Todd Vowell, by filing this Stipulated Motion 7 with the FTC, make no admission as to the truth of Plaintiff’s allegations in Paragraph 4, 8 below. Powder Monkeys, LLC, and its manager, Todd Vowell, file this Stipulated 9 Motion in order to cure any perception of any intentional or willful impropriety, unlawful 10 action, or other willful misconduct in violation of this Court’s Temporary Restraining 11 Order dated January 12, 2011 (“TRO”) and the subsequent Preliminary Injunction dated 12 February 10, 2011, entered against defendant Jeremy Johnson and others; 13 2. Powder Monkeys, LLC, and its manager, Todd Vowell, deny any impropriety, unlawful 14 action, or any other willful misconduct as it relates to matters set forth in Paragraph 4 15 below. 16 3. Powder Monkeys, LLC, and its manager, Todd Vowell, contend that the $99,883 should 17 not be considered an asset of defendant Jeremy Johnson nor a part of the Jeremy Johnson 18 Receivership Estate; 19 20 4. Plaintiff alleges: a. On or about August 11, 2010, a $100,250 retainer was transferred from a Sunfirst 21 Bank account ending in 6624 in the name of Powder Monkeys, LLC to the New 22 York law firm of Paul, Weiss, Rifkind; 23 b. Beginning on the day after entry of the TRO, defendant Jeremy Johnson engaged 24 in email correspondence with an attorney at Paul, Weiss, Rifkind requesting that 25 the remainder of any retainer at Paul, Weiss, Rifkind be transferred to another law 26 27 28 FTC - Powder Monkeys Stipulated Motion RE $99,883 FTC v. Jeremy Johnson., et al. firm for use in Johnson’s defense in the FTC action before this Court; 1 c. 2 After entry of the Preliminary Injunction, on or about February 28, 2011, Paul, 3 Weiss, Rifkind issued a check for $99,883 (the remainder of the retainer) made 4 payable to Jeremy Johnson at 249 East Tabernacle, Suite 200, St. George, Utah, 5 84770; and d. 6 $99,883 over to Powder Monkeys, LLC; 7 8 On or about March 2, 2011, defendant Jeremy Johnson endorsed the check for 5. 9 Plaintiff agrees that Powder Monkeys, LLC, and its manager, Todd Vowell, shall be deemed to have cured any alleged contempt of this Court’s TRO and Preliminary 10 Injunction related to Plaintiff’s allegations in Paragraph 4, above, if Powder Monkeys, 11 LLC and Todd Vowell transfer $99,883.00 to the Receiver in this action within 30 days 12 of this Court’s endorsement of the Stipulated Motion; 13 14 6. Plaintiff, Powder Monkeys, LLC, and its manager, Todd Vowell, further stipulate that: a. 15 16 The $99,883 shall be held in escrow by the Receiver until further Order of this Court; b. Powder Monkeys, LLC may file a motion to show why the $99,883 retainer 17 should not be considered an asset of defendant Jeremy Johnson nor part of the 18 defendant Jeremy Johnson Receivership Estate no sooner than one hundred eighty 19 (180) days after the Court’s endorsement of the Stipulated Motion and no later 20 than thirty (30) days from this Court’s entry of any Monetary Judgment against 21 Defendant Jeremy Johnson; 22 c. 23 24 25 The FTC shall have ten (10) days to file any opposition to such a motion by Powder Monkeys, LLC; d. Powder Monkeys, LLC shall have five (5) days to file any reply to the FTC’s opposition; and 26 27 28 FTC - Powder Monkeys Stipulated Motion RE $99,883 FTC v. Jeremy Johnson., et al. 1 e. Both the FTC and Powder Monkeys, LLC, and its manager Todd Vowell, 2 stipulate that any such motion may be considered on the papers without need for a 3 hearing. 4 WHEREFORE, Plaintiff Federal Trade Commission and Powder Monkeys, LLC and 5 Todd Vowell pray this Honorable Court endorse this Joint Stipulated Motion for Powder 6 Monkeys, LLC to transfer $99,883 to the Receiver to be held in escrow until further Order of 7 this Court. 8 9 Respectfully submitted, Dated: August 11, 2011 10 11 12 13 14 15 16 17 /s/ Zachary Wiseman Zachary Wiseman, Esq. Matt Lewis, Esq. Ray Quinney & Nebeker 36 South State Street, Suite 1400 Salt Lake City, UT 84111 Attorneys for Powder Monkeys, LLC and Todd Vowell /s/ J. Ronald Brooke, Jr. Collot Guerard J. Ronald Brooke, Jr. Federal Trade Commission 600 Pennsylvania Ave. NW, Suite 286 Washington, DC 20580 Attorneys for plaintiff Federal Trade Commission IT IS SO ORDERED: DATED: August 15, 2011 18 ___________________________ 19 ROGER L. HUNT Chief United States District Judge 20 21 22 23 24 25 26 27 28 FTC - Powder Monkeys Stipulated Motion RE $99,883 FTC v. Jeremy Johnson., et al. Case 2:10-cv-02203-RLH -GWF Document 276 1 2 Filed 08/11/11 Page 5 of 6 CERTIFICATE SERVICE I hereby certify that, on August 11, 2011, I caused the foregoing document to be served via the ECF system on the following: 3 4 5 6 Mark A. Hutchison, Esq. Todd W. Prall, Esq. Jacob A. Reynolds, Esq. HUTCHISON & STEFFEN, LLC Peccole Professional Park 10080 West Alta Drive, Suite 200 Las Vegas, NV 7 Attorneys for defendants Fitness For Life, Inc. and Lifestyles For Fitness, Inc. 8 10 Reza Sina, Esq. Sina Law Group 801 S. Figueroa St. 12th Floor Los Angeles, CA 90017 11 Attorney for defendant Scott Leavitt 12 Alan D. Boyack, Esq. Boyack & Boyack 205 East Tabernacle, Suite 2 St. George, UT 84770 9 13 14 Attorney for defendants Terrason Spinks and Jet Processing, Inc. 15 16 Jared Green, Esq. 8337 W. Sunset Rd., Suite 350 Las Vegas, NV 89113 17 19 Michael P. Studebaker, Esq. Studebaker Law Office, LLC 2550 Wasington Blvd., Suite 331 Ogden, UT 84401 20 Attorney for defendants Duane Fielding, Anthon Holdings Corp., and Network Agenda, LLC 21 Jeffrey P. Aylward, Esq. Gary W. Barr, Esq. 624 S. 10th Street Las Vegas, NV 89101 18 22 23 24 25 26 27 28 Attorneys for defendants Jeremy Johnson, Andy Johnson, Loyd Johnston, Scott Muir, Bryce Payne, Kevin Pilon, Ryan Riddle and the Shell Corporations for these defendants Gary Owen Caris, Esq. Lesley Anne Hawes, Esq. McKenna Long & Aldridge LLP FTC - Powder Monkeys Stipulated Motion RE $99,883 FTC v. Jeremy Johnson., et al. Case 2:10-cv-02203-RLH -GWF Document 276 1 Filed 08/11/11 Page 6 of 6 300 South Grand Avenue, 14th Floor Los Angeles, CA 90071 2 Attorneys for the Receiver 3 4 and via e-mail on the following: 5 6 7 William I. Rothbard, Esq. 1217 Yale Street, Suite 104 Santa Monica, CA 90404 brothbard@roadruner.com Bill@FTCadlaw.com 8 9 10 Theodore Monroe, Esq. The Law Offices of Theodore F. Monroe 801 South Figueroa Street, Suite 1200 Los Angeles, CA 90017 monroe@tfmlaw.com 11 Attorneys for defendant Scott Leavitt 12 13 14 15 Zachary Wiseman, Esq. Matt Lewis, Esq. Ray Quinney & Nebeker 36 South State Street Suite 1400 Salt Lake City, UT 84111 zwiseman@rqn.com 16 Attorneys for Powder Monkeys, LLC 17 18 19 20 Travis Marker, Esq. 205 East Tabernacle, Suite 2 St. George, UT 84770 markerlawmediation@gmail.com For Jeremy Johnson, Cloud Nine Marketing, Inc., CPA Upsell, Inc, Elite Debit, Inc., Internet Economy, Inc., Market Funding Solutions, Inc., Success Marketing, Inc., and I Works, Inc. 21 22 23 /s/ J. Ronald Brooke, Jr. J. Ronald Brooke, Jr. 24 25 26 27 28 FTC - Powder Monkeys Stipulated Motion RE $99,883 FTC v. Jeremy Johnson., et al.
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