Opinion
Case No. : 2:12-cv-00536-GMN-VCF
01-24-2013
FEDERAL TRADE COMMISSION, Plaintiff, v. AMG SERVICES, INC., an Oklahoma Tribal Entity; RED CEDAR SERVICES, INC., an Oklahoma Tribal Entity, also dba 500 FastCash; SFS, INC., a Nebraska Tribal Entity, also dba OneClickCash; TRIBAL FINANCIAL SERVICES, an Oklahoma Tribal Entity, also dba Ameriloan, UnitedCashLoans, USFastCash, and Miami Nation Enterprises; AMG CAPITAL MANAGEMENT, LLC, a Nevada Limited Liability Company; LEVEL 5 MOTORSPORTS, LLC, a Nevada Limited Liability Company; LEADFLASH CONSULTING, LLC, a Nevada Limited Liability company; PARTNER WEEKLY, LLC, a Nevada Limited Liability Company; BLACK CREEK CAPITAL CORPORATION, a Nevada Corporation; BROADMOOR CAPITAL PARTNERS, LLC, a Nevada Limited Liability Company; THE MUIR LAW FIRM, LLC, a Kansas Limited Liability Company; SCOTT A. TUCKER, in his individual and corporate capacity; BLAINE A. TUCKER, in his individual and corporate capacity; TIMOTHY J. MUIR, in his individual and corporate capacity; DON E. BRADY, in his individual and corporate capacity; and TROY L. LITTLEAXE, in his individual and corporate capacity, Defendants, and PARK 269 LLC, a Kansas Limited Liability Company; and KIM C. TUCKER, in her individual and corporate capacity, Relief Defendants.
Patrick J. Reilly, Esq. Nevada Bar No. 6103 Leslie M. Nino, Esq. Nevada Bar No. 11672 Holland & Hart LLP Linda C. McFee, Esq. (admitted pro hac vice) R. Pete Smith, Esq. (admitted pro hac vice) McDowell, Rice, Smith & Buchanan Attorneys for Relief Defendants Kim C. Tucker and Park 269 LLC
Patrick J. Reilly, Esq.
Nevada Bar No. 6103
Leslie M. Nino, Esq.
Nevada Bar No. 11672
Holland & Hart LLP
Linda C. McFee, Esq.
(admitted pro hac vice)
R. Pete Smith, Esq.
(admitted pro hac vice)
McDowell, Rice, Smith & Buchanan
Attorneys for Relief Defendants
Kim C. Tucker and Park 269 LLC
UNOPPOSED MOTION BY RELIEF
DEFENDANTS REGARDING FILING OF
ANSWER AND ORDER THEREON
Relief Defendants Kim C. Tucker and Park 269, LLC ("Relief Defendants") hereby move this Court for an order extending their deadline to file an answer in this case until fourteen (14) days after a finding of liability against any defendant, if any, in Phase I of this lawsuit. The instant motion is unopposed by Plaintiff Federal Trade Commission ("FTC"). This Motion is based on the attached Memorandum of Points and Authorities, the papers and pleadings on file in this action, and any oral argument this Court may allow.
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Patrick J. Reilly, Esq.
Leslie M. Nino, Esq.
Holland & Hart LLP
9555 Hillwood Drive, Second Floor
Las Vegas, Nevada 89134
Linda C. McFee, Esq.
R. Pete Smith, Esq.
McDowell, Rice, Smith & Buchanan
605 West 47th Street, Suite 350
Kansas City, MO 64112
Attorneys for Relief Defendants Kim C. Tucker and Park 269 LLC
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF
UNOPPOSED MOTION BY RELIEF DEFENDANTS
REGARDING FILING OF ANSWER
The FTC commenced this action on April 2, 2012, asserting various violations of federal law against numerous defendants. Mrs. Tucker and Park 269, LLC are Relief Defendants—by their very nature, they have done nothing wrong—they are nominal defendants in a case where it is alleged that others have engaged in wrongdoing. Commodity Futures Trading Comm'n v. Kimberlyn Creek Ranch, Inc. , 276 F.3d 187 (4th Cir. 2002).
After filing of the Complaint, various motions to dismiss were filed by various defendants, including the Relief Defendants. Said motions have been fully briefed, heard, and adjudicated, and the Relief Defendants' Answer is presently due.
On December 27, 2011, this Court issued an Order Entering Stipulated Preliminary Injunction and Bifurcation (the "Bifurcation Order") (Doc. #296). The Bifurcation Order separated this action into two phases. Phase I is a liability phase involving the FTC and the Defendants. Phase II involves inter alia relief to be sought against Relief Defendants, if any, depending on the outcome of Phase I.
Because Phase I does not involve any claims against Relief Defendants, Relief Defendants hereby request that they be relieved of the obligation to file an answer until fourteen (14) days after a finding of liability against any defendant, if any, in Phase I of this lawsuit.
The FTC does not oppose this Motion. This is the first request for extension of time requested by Relief Defendants as to the filing of their Answer.
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Patrick J. Reilly, Esq.
Leslie M. Nino, Esq.
Holland & Hart LLP
9555 Hillwood Drive, Second Floor
Las Vegas, Nevada 89134
Linda C. McFee, Esq.
R. Pete Smith, Esq.
McDowell, Rice, Smith & Buchanan
605 West 47th Street, Suite 350
Kansas City, MO 64112
Attorneys for Relief Defendants Kim C. Tucker and
Park 269 LLC
ORDER
IT IS SO ORDERED this 24th day of January, 2013.
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Gloria M. Navarro
United States District Judge