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QB\137983.00017\36920298.1
Quarles & Brady LLP Firm State Bar No. 00443100
Renaissance One Two North Central Avenue Phoenix, AZ 85004-2391
TELEPHONE 602.229.5200
Brian R. Booker (#015637) [email protected] John A. Harris (#014459) [email protected] Kevin D. Quigley (015972) [email protected] Edward A. Salanga (#20654) [email protected]
Attorneys for Defendants Vemma Nutrition Company and Vemma International Holdings, Inc.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Federal Trade Commission,
Plaintiff,
vs.
Vemma Nutrition Company, et al.,
Defendants.
NO. CV-15-01578-PHX-JJT
STIPULATED MOTION TO WITHDRAW MOTIONS FILED BY CORPORATE DEFENDANTS AND FTC LOCATED AT DOCKET NOS. 128 AND 134, AND SUBMISSION OF AGREEMENT REGARDING SAME
Defendants Vemma Nutrition Company and Vemma International Holdings, Inc.
(collectively, “Corporate Defendants”), hereby submit this Stipulated Motion to
withdraw the following motions (collectively, the "Motions"): Defendants Vemma
Nutrition Company And Vemma International Holdings, Inc.'s Emergency Motion To
Approve Affiliate Communications [Docket No. 128] filed by the Corporate Defendants;
and Plaintiff Federal Trade Commission's Motion To Prohibit Reclassification Of
Affiliates Without Their Affirmative Consent And To Prevent Dissemination Of
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QB\137983.00017\36920298.1 -2-
Materials Describing Proposed Compensation Plan Before Approval [Docket No. 134],
filed by the Federal Trade Commission (the “FTC”).
The Corporate Defendants and the FTC have reached an agreement regarding the
matters raised in the Motions, the terms of which are set forth in the letter agreement
attached hereto as Exhibit "1". Accordingly, the Corporate Defendants and the FTC
stipulate that the Motions should be withdrawn and that the Court should vacate the
briefing deadline associated therewith.
For these reasons, the Corporate Defendants and the FTC respectfully request that
the Court enter an Order in the proposed form attached (a) deeming the Motions
withdrawn and (b) vacating the briefing deadline associated with the Motions.
RESPECTFULLY SUBMITTED this 7th day of October, 2015.
QUARLES & BRADY LLP Renaissance One Two North Central Avenue Phoenix, AZ 85004-2391
By s/ Kevin D. Quigley Brian R. Booker John A. Harris Kevin D. Quigley Edward A. Salanga
Attorneys for Defendants Vemma Nutrition Company, Vemma International Holdings, Inc.
Agreed to by: /s/ Jason C. Moon Angeleque P. Linville Jason C. Moon Anne D. Lejeune Emily B. Robinson Attorneys for Plaintiff FEDERAL TRADE COMMISSION
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QB\137983.00017\36920298.1 -3-
CERTIFICATE OF SERVICE
I hereby certify that on October 7, 2015, I electronically transmitted the attached
document to the Clerk’s Office using the CM/ECF System for filing and a copy was
electronically submitted to counsel at the e-mail addresses below:
Counsel for Plaintiff, Federal Trade Commission: Jonathan E. Neuchterlein General Counsel Angeleque P. Linville [email protected] Jason C. Moon [email protected] Anne D. Lejeune [email protected] Emily B. Robinson [email protected] Counsel for Defendants Tom and Bethany Alkazin: Coppersmith & Brockelman PLC Keith Beauchamp [email protected] Marvin Christopher Ruth [email protected]
Counsel for Receiver Robb Evans & Associates, LLC: Dentons US LLP Gary Owen Caris [email protected] Lesley Anne Hawes [email protected] Joshua S. Akbar [email protected] Counsel for Defendant Benson K. Boreyko: John R. Clemency Gallagher & Kennedy [email protected] Lindsi Michelle Weber [email protected]
s/ Kelly Thwaites
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QB\137983.00017\36920498.1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Federal Trade Commission,
Plaintiff,
vs.
Vemma Nutrition Company, et al.,
Defendants.
NO. CV-15-01578-PHX-JJT
[PROPOSED] ORDER GRANTING STIPULATED MOTION TO WITHDRAW MOTIONS FILED BY CORPORATE DEFENDANTS AND FTC LOCATED AT DOCKET NOS. 128 AND 134, AND SUBMISSION OF AGREEMENT REGARDING SAME
The Court having reviewed the Stipulated Motion To Withdraw Motions Filed By
Corporate Defendants And FTC Located At Docket Nos. 128 and 134, And Submission
Of Agreement Regarding Same (the "Stipulated Motion"),1 based on the entire record
before the Court, the agreement among the Corporate Defendants and the FTC attached to
the Stipulated Motion as Exhibit "1", and good cause appearing,
IT IS HEREBY ORDERED that the Stipulated Motion is GRANTED.
IT IS FURTHER ORDERED that the Defendants Vemma Nutrition Company 1 Capitalized terms not defined in this Order have the meaning ascribed to them in the Stipulated Motion.
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QB\137983.00017\36920498.1 -2-
And Vemma International Holdings, Inc.'s Emergency Motion To Approve Affiliate
Communications [Docket No. 128] filed by the Corporate Defendants, and the Plaintiff
Federal Trade Commission's Motion To Prohibit Reclassification Of Affiliates Without
Their Affirmative Consent And To Prevent Dissemination Of Materials Describing
Proposed Compensation Plan Before Approval [Docket No. 134] filed by the FTC
(collectively, the "Motions"), are both deemed withdrawn.
IT IS FURTHER ORDERED that the briefing deadline associated with the
Motions is vacated.
