Securities and Exchange Commission v. Kaplan, Esq. et al, No. 3:2016cv00270 - Document 100 (D. Nev. 2018)

Court Description: ORDER granting ECF No. 95 Stipulation for Entry of Final Judgment Against Defendants David B. Kaplan, Esq., Synchronized Organizational Solutions, LLC, Synchronized Organizational Solutions International, Ltd., and Manna International Enterprises, Inc. Signed by Judge Miranda M. Du on 1/8/2018. (Defendants terminated.) (Copies have been distributed pursuant to the NEF - DRM)
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Securities and Exchange Commission v. Kaplan, Esq. et al 1 2 3 Doc. 100 Alyssa A. Qualls (IL Bar No. 6292124) Email: quallsa@sec.gov Amy S. Cotter (IL Bar No. 6238157) Email: cottera@sec.gov Raven A. Winters (IL Bar No. 6291077) Email: wintersr@sec.gov 4 5 6 7 8 Attorneys for Plaintiff Robert J. Burson, Associate Regional Director Amy S. Cotter, Assistant Regional Director Alyssa A. Qualls, Regional Trial Counsel Securities and Exchange Commission 175 West Jackson Blvd., Suite 900 Chicago, Illinois 60604 Telephone: (312) 353-7390 Facsimile: (312) 353-7398 9 UNITED STATES DISTRICT COURT 10 DISTRICT OF NEVADA 11 Northern Division 12 13 SECURITIES AND EXCHANGE COMMISSION, 14 Case No. 3:16-cv-00270-MMD-VPC Honorable Miranda Du Plaintiff, 15 vs. 16 17 18 19 DAVID B. KAPLAN, ESQ., SYNCHRONIZED ORGANIZATIONAL SOLUTIONS, LLC, SYNCHRONIZED ORGANIZATIONAL SOLUTIONS INTERNATIONAL, LTD., and MANNA INTERNATIONAL ENTERPRISES, INC., STIPULATION FOR ENTRY OF FINAL JUDGMENT AGAINST DEFENDANTS 20 Defendants, 21 and 22 24 LISA M. KAPLAN, THE WATER-WALKING FOUNDATION, INC., and MANNA INVESTMENTS, LLC, 25 Relief Defendants. 23 26 27 28 IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned parties, as follows: Dockets.Justia.com 1 1. The United States Securities and Exchange Commission (the “Commission”) and 2 Defendants David B. Kaplan, Esq., Synchronized Organizational Solutions, LLC, Synchronized 3 Organizational Solutions International, Ltd., and Manna International Enterprises, Inc. (collectively, 4 “Defendants,” and together with the Commission, the “Parties”) jointly move this Court to enter 5 final judgment against Defendants. The Parties have reached a settlement, and jointly move this 6 Court to enter the proposed final judgment and resolve this matter. 7 2. The Parties have reached a settlement to resolve all claims against Defendants. The 8 settlement includes: (1) a permanent injunction; (2) disgorgement; (3) prejudgment interest; and 9 (4) civil penalties. 10 3. 11 A proposed final judgment as to Defendants is attached as Exhibit A. Among other things, the proposed final judgment: 12 a. permanently restrains and enjoins Defendants from violating Sections 10(b) 13 and 15(a) of the Securities Exchanges Act of 1934 and Section 17(a)(1) of the 14 Securities Act of 1933; 15 b. 16 orders Defendants to pay disgorgement in the amount of $7,139,884.87, plus prejudgment interest thereon in the amount of $680,157.61; and 17 c. 18 orders Defendants to pay a civil penalty in the amount of $300,000 under Section 20(d) of the Securities Act of 1933. 19 4. Defendants shall partially satisfy this obligation through the transfer of balances held 20 in the frozen accounts after entry of this Final Judgment, as set forth in sections V to IX of Exhibit 21 A. 22 5. Without either admitting or denying the allegations of the complaint in this action, 23 Defendants have consented to the entry of the proposed final judgment, as reflected in the Consent 24 attached as Exhibit B. 25 26 27 28 6. The settlement brings the litigation to a close, without the need for a trial, and thus conserves the resources of the Court and the Parties. 7. The Parties agree that entry of the proposed final judgment is in the public interest, and is a fair and reasonable resolution of this matter. See SEC v. Citigroup Global Markets, Inc., 2 Case No. 3:16-CV-00270-MMD-VPC 1 2 3 4 752 F.3d 285 (2d Cir. 2014). 8. The Parties respectfully request the entry of final judgment at the Court’s earliest convenience. WHEREFORE, for the foregoing reasons, the parties jointly move this Court for entry of 5 final judgment against Defendants. 6 Date: January 8, 2018 7 8 9 10 11 /s/ David B. Kaplan David B. Kaplan 1314-B Cave Rock Drive Glenbrook, NV 89413 Telephone: (509) 263-4625 Email: Director@SOSforBiz.com /s/ Alyssa A. Qualls___ Alyssa A. Qualls (IL Bar No. 6292124) 175 West Jackson Blvd., Suite 900 Chicago, Illinois 60604 Telephone: (312) 353-7390 Facsimile: (312) 353-7398 Email: quallsa@sec.gov 12 13 Counsel for Plaintiff United States Securities and Exchange Commission 14 Synchronized Organizational Solutions, LLC 15 16 17 18 Synchronized Organizational Solutions International, Ltd. By: /s/ David B. Kaplan David B. Kaplan, Esq. Managing Member 1314-B Cave Rock Drive Glenbrook, NV 89413 Telephone: 509-263-4625 By: /s/ David B. Kaplan David B. Kaplan, Esq. Director 1314-B Cave Rock Drive Glenbrook, NV 89413 Telephone: 509-263-4625 19 20 Manna International Enterprises, Inc. 21 By: /s/ David B. Kaplan David B. Kaplan, Esq. Managing Member 1314-B Cave Rock Drive Glenbrook, NV 89413 Telephone: 509-263-4625 22 23 24 25 26 27 28 IT IS SO ORDERED: ________________________________ The Honorable Miranda Du United States District Judge January 8, 2018 Dated: _______________________ 3 Case No. 3:16-CV-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 1 of 10 EXHIBIT A Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 2 of 10 1 2 3 Alyssa A. Qualls (IL Bar No. 6292124) Email: quallsa@sec.gov Amy S. Cotter (IL Bar No. 6238157) Email: cottera@sec.gov Raven A. Winters (IL Bar No. 6291077) Email: wintersr@sec.gov 4 5 6 7 8 Attorneys for Plaintiff Securities and Exchange Commission Robert J. Burson, Associate Regional Director Amy S. Cotter, Assistant Regional Director Alyssa A. Qualls, Regional Trial Counsel 175 West Jackson Blvd., Suite 900 Chicago, Illinois 60604 Telephone: (312) 353-7390 Facsimile: (312) 353-7398 9 10 UNITED STATES DISTRICT COURT 11 DISTRICT OF NEVADA 12 Northern Division 13 14 SECURITIES AND EXCHANGE COMMISSION, Honorable Miranda Du Plaintiff, 15 16 Case No. 3:13-cv-00270-MMD-VPC vs. 20 DAVID B. KAPLAN, ESQ., SYNCHRONIZED ORGANIZATIONAL SOLUTIONS, LLC, SYNCHRONIZED ORGANIZATIONAL SOLUTIONS INTERNATIONAL, LTD., and MANNA INTERNATIONAL ENTERPRISES, INC., 21 FINAL JUDGMENT AS TO DEFENDANTS DAVID B. KAPLAN, ESQ., SYNCHRONIZED ORGANIZATIONAL SOLUTIONS, LLC, SYNCHRONIZED ORGANIZATIONAL SOLUTIONS INTERNATIONAL, LTD., AND MANNA INTERNATIONAL ENTERPRISES, INC. Defendants, 17 18 19 22 and 24 LISA M. KAPLAN, THE WATER-WALKING FOUNDATION, INC., and MANNA INVESTMENTS, LLC, 25 Relief Defendants. 23 26 27 28 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 3 of 10 1 The Securities and Exchange Commission having filed a Complaint, Defendants David B. 2 Kaplan, Esq., Synchronized Organizational Solutions, LLC, Synchronized Organizational Solutions 3 International, Ltd., and Manna International Enterprises, Inc. (collectively, “Defendants”) having 4 entered a general appearance; consented to the Court’s jurisdiction over Defendants and the subject 5 matter of this action; consented to entry of this Final Judgment without admitting or denying the 6 allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in 7 paragraph XI); waived findings of fact and conclusions of law; and waived any right to appeal from 8 this Final Judgment: 9 10 I. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Defendants are 11 permanently restrained and enjoined from violating, directly or indirectly, Section 10(b) of the 12 Securities Exchange Act of 1934 (the “Exchange Act”) [15 U.S.C. § 78j(b)] and Rule 10b-5 13 promulgated thereunder [17 C.F.R. § 240.10b-5], by using any means or instrumentality of 14 interstate commerce, or of the mails, or of any facility of any national securities exchange, in 15 connection with the purchase or sale of any security: 16 (a) to employ any device, scheme, or artifice to defraud; 17 (b) to make any untrue statement of a material fact or to omit to state a material fact 18 necessary in order to make the statements made, in the light of the circumstances 19 under which they were made, not misleading; or 20 21 22 (c) to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal 23 Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive 24 actual notice of this Judgment by personal service or otherwise: (a) Defendants’ officers, agents, 25 servants, employees, and attorneys; and (b) other persons in active concert or participation with 26 Defendants or with anyone described in (a). 27 28 II. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants 2 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 4 of 10 1 are permanently restrained and enjoined from violating Section 17(a) of the Securities Act of 1933 2 (the “Securities Act”) [15 U.S.C. § 77q(a)] in the offer or sale of any security by the use of any 3 means or instruments of transportation or communication in interstate commerce or by use of the 4 mails, directly or indirectly: 5 (a) to employ any device, scheme, or artifice to defraud; 6 (b) to obtain money or property by means of any untrue statement of a material fact or 7 any omission of a material fact necessary in order to make the statements made, in light of 8 the circumstances under which they were made, not misleading; or 9 (c) to engage in any transaction, practice, or course of business which operates or 10 would operate as a fraud or deceit upon the purchaser. 11 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal 12 Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive 13 actual notice of this Judgment by personal service or otherwise: (a) Defendants’ officers, agents, 14 servants, employees, and attorneys; and (b) other persons in active concert or participation with 15 Defendants or with anyone described in (a). 16 17 18 19 20 III. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendant Kaplan is permanently restrained and enjoined from violating Section 15(a)(1) of the Exchange Act [15 U.S.C. § 78o(a)(1)], by making use of the mails or any means or instrumentality of interstate commerce to effect any transactions in, or to induce or attempt to induce the purchase or sale of, 21 22 23 24 25 any security (other than an exempted security or commercial paper, bankers’ acceptances, or commercial bills) without being associated with a broker or dealer that is registered in accordance with Section 15(b) of the Exchange Act. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal 26 Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive 27 actual notice of this Judgment by personal service or otherwise: (a) Defendants’ officers, agents, 28 servants, employees, and attorneys; and (b) other persons in active concert or participation with 3 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 5 of 10 1 Defendants or with anyone described in (a). 2 3 IV. IT IS HEREBY FURTHER ORDERED, ADJUDGED, AND DECREED that Defendants 4 are liable for disgorgement of $7,139,884.87, representing funds received as a result of the conduct 5 alleged in the Complaint, together with prejudgment interest thereon in the amount of $680,157.61, 6 and a civil penalty in the amount of $300,000 pursuant to Section 20(d) of the Securities Act [15 7 U.S.C. § 77t(d)] and Section 21(d)(3) of the Exchange Act [15 U.S.C. § 78u(d)(3)]. Defendants 8 shall partially satisfy this obligation through the transfer of balances held in the frozen accounts 9 after entry of this Final Judgment, as set forth in paragraphs V to IX below. Any amounts paid 10 toward disgorgement by Relief Defendants in this matter shall be credited against the disgorgement 11 amount ordered herein. 12 13 14 15 The Commission may enforce the Court’s judgment for disgorgement and prejudgment interest by moving for civil contempt (and/or through other collection procedures authorized by law) at any time after 14 days following entry of this Final Judgment. Defendants shall pay post judgment interest on any delinquent amounts pursuant to 28 U.S.C. § 1961. The Commission shall 16 17 18 19 hold the funds, together with any interest and income earned thereon (collectively, the “Fund”), pending further order of the Court. The Commission may propose a plan to distribute the Fund subject to the Court’s approval. 20 Such a plan may provide that the Fund shall be distributed pursuant to the Fair Fund provisions of 21 Section 308(a) of the Sarbanes-Oxley Act of 2002. The Court shall retain jurisdiction over the 22 administration of any distribution of the Fund. If the Commission staff determines that the Fund 23 will not be distributed, the Commission shall send the funds paid pursuant to this Final Judgment to 24 25 the United States Treasury. 26 Regardless of whether any such Fair Fund distribution is made, amounts ordered to be paid 27 as civil penalties pursuant to this Judgment shall be treated as penalties paid to the government for 28 all purposes, including all tax purposes. To preserve the deterrent effect of the civil penalty, 4 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 6 of 10 1 Defendants shall not, after offset or reduction of any award of compensatory damages in any 2 Related Investor Action based on Defendants’ payment of disgorgement in this action, argue that 3 4 they are entitled to, nor shall they further benefit by, offset or reduction of such compensatory damages award by the amount of any part of Defendants’ payment of a civil penalty in this action 5 6 7 (“Penalty Offset”). If the court in any Related Investor Action grants such a Penalty Offset, Defendant shall, within 30 days after entry of a final order granting the Penalty Offset, notify the 8 Commission’s counsel in this action and pay the amount of the Penalty Offset to the United States 9 Treasury or to a Fair Fund, as the Commission directs. Such a payment shall not be deemed an 10 11 additional civil penalty and shall not be deemed to change the amount of the civil penalty imposed in this Judgment. For purposes of this paragraph, a “Related Investor Action” means a private 12 damages action brought against Defendants by or on behalf of one or more investors based on 13 14 substantially the same facts as alleged in the Complaint in this action. V. 15 16 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being 17 served with a copy of this Final Judgment, Bank of America, N.A. (“Bank of America”) shall 18 transfer the entire balance of the following Bank of America accounts which were frozen pursuant 19 to an Order of this Court to the Commission: 20 21 22 23 Account Owner Synchronized Organizational Solutions, LLC Kaplan, David B. Kaplan, David B. Acct. Ending in: #XXX-4100 #XXX-9027 #XXX-9030 Bank of America may transmit payment electronically to the Commission, which will 24 provide detailed ACH transfer/Fedwire instructions upon request. Payment may also be made 25 directly from a bank account via Pay.gov through the SEC website at 26 http://www.sec.gov/about/offices/ofm.htm. Bank of America also may transfer these funds by 27 28 5 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 7 of 10 1 certified check, bank cashier’s check, or United States postal money order payable to the Securities 2 and Exchange Commission, which shall be delivered or mailed to 3 4 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 5 6 and shall be accompanied by a letter identifying the case title, civil action number, and name of this 7 Court; and specifying that payment is made pursuant to this Final Judgment. 8 9 VI. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being 10 served with a copy of this Final Judgment, Citibank, N.A. (“Citibank”) shall transfer the entire 11 balance of the following Citibank account which was frozen pursuant to an Order of this Court to 12 the Commission: 13 Account Owner Manna International Enterprises Inc. 14 Acct. Ending in: #XXX-7740 15 Citibank may transmit payment electronically to the Commission, which will provide 16 detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from 17 a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm. 18 Citibank also may transfer these funds by certified check, bank cashier’s check, or United States 19 postal money order payable to the Securities and Exchange Commission, which shall be delivered 20 or mailed to 21 22 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 23 24 and shall be accompanied by a letter identifying the case title, civil action number, and name of this 25 Court; and specifying that payment is made pursuant to this Final Judgment. 26 27 28 VII. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being served with a copy of this Final Judgment, Merrill Edge Bank of America (“Merrill Edge”) shall 6 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 8 of 10 1 transfer the entire balance of the following Merrill Edge account which was frozen pursuant to an 2 Order of this Court to the Commission: 3 4 5 Account Owner Kaplan, David B. Acct. Ending in: #XXX-4R29 Merrill Edge may transmit payment electronically to the Commission, which will provide 6 detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from 7 a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm. 8 Merrill Edge also may transfer these funds by certified check, bank cashier’s check, or United 9 States postal money order payable to the Securities and Exchange Commission, which shall be 10 11 12 delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 13 14 and shall be accompanied by a letter identifying the case title, civil action number, and name of this 15 Court; and specifying that payment is made pursuant to this Final Judgment. VIII. 16 17 IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being 18 served with a copy of this Final Judgment, TD Ameritrade (“TD Ameritrade”) shall transfer the 19 entire balance of the following TD Ameritrade account which was frozen pursuant to an Order of 20 this Court to the Commission: 21 22 Account Owner Kaplan, David B. Acct. Ending in: #XXX-8969 23 TD Ameritrade may transmit payment electronically to the Commission, which will provide 24 detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from 25 a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm. 26 TD Ameritrade also may transfer these funds by certified check, bank cashier’s check, or United 27 States postal money order payable to the Securities and Exchange Commission, which shall be 28 delivered or mailed to 7 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 9 of 10 1 2 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 3 4 and shall be accompanied by a letter identifying the case title, civil action number, and name of this 5 Court; and specifying that payment is made pursuant to this Final Judgment. 6 7 IX. IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that within 3 days after being 8 served with a copy of this Final Judgment, Wells Fargo Bank, N.A. (“Wells Fargo”) shall transfer 9 the entire balance of the following Wells Fargo accounts which were frozen pursuant to an Order of 10 this Court to the Commission: 11 Account Owner Manna International Enterprises Inc. Kaplan, David B. Manna International Enterprises Inc. Kaplan, David B. 12 13 Acct. Ending in: #XXX-4725 #XXX-7815 #XXX-9129 #XXX-9813 14 15 Wells Fargo may transmit payment electronically to the Commission, which will provide 16 detailed ACH transfer/Fedwire instructions upon request. Payment may also be made directly from 17 a bank account via Pay.gov through the SEC website at http://www.sec.gov/about/offices/ofm.htm. 18 Wells Fargo also may transfer these funds by certified check, bank cashier’s check, or United States 19 postal money order payable to the Securities and Exchange Commission, which shall be delivered 20 or mailed to 21 22 Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 23 24 and shall be accompanied by a letter identifying the case title, civil action number, and name of this 25 Court; and specifying that payment is made pursuant to this Final Judgment. 26 X. 27 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the Consent is incorporated 28 herein with the same force and effect as if fully set forth herein, and that Defendants shall comply with 8 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-1 Filed 01/08/18 Page 10 of 10 1 all of the undertakings and agreements set forth therein. 2 3 XI. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, solely for purposes of 4 exceptions to discharge set forth in Section 523 of the Bankruptcy Code, 11 U.S.C. § 523, the 5 allegations in the complaint are true and admitted by Defendant Kaplan, and further, any debt for 6 disgorgement, prejudgment interest, civil penalty or other amounts due by Defendant Kaplan under 7 this Final Judgment or any other judgment, order, consent order, decree or settlement agreement 8 entered in connection with this proceeding, is a debt for the violation by Defendant Kaplan of the 9 federal securities laws or any regulation or order issued under such laws, as set forth in Section 10 523(a)(19) of the Bankruptcy Code, 11 U.S.C. § 523(a)(19). 11 12 13 XII. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment. 14 15 16 17 Dated: ______________, 2017 ____________________________________ The Honorable Miranda Du United States District Judge 18 19 20 21 22 23 24 25 26 27 28 9 Case No. 3:16-cv-00270-MMD-VPC Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 1 of 13 EXHIBIT B Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 2 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 3 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 4 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 5 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 6 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 7 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 8 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 9 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 10 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 11 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 12 of 13 Case 3:16-cv-00270-MMD-VPC Document 95-2 Filed 01/08/18 Page 13 of 13