Success by Well being and Jay Noland are set to enchantment three orders towards them; the unique preliminary injunction order, and the FTC’s granted movement for sanctions and abstract judgment.
SBH’s second preliminary injunction enchantment stems from a late September order, which in flip stemmed from denial of SBH’s first injunction enchantment.
That injunction pertained to the Supreme Court docket’s AMG determination earlier this 12 months, which SBH put forth meant the preliminary injunction needs to be dissolved.
The Ninth Circuit disagreed, punting the case again to the District Court docket.
The District Court docket denied SBH’s preliminary injunction dissolve movement on September twenty third.
That order is now being appealed, once more within the Ninth Circuit.
With respect to the FTC’s granted motions for contempt sanctions and legal responsibility abstract judgment, on October sixth SBH filed a movement requesting the courtroom certify the orders for interlocutory enchantment.
In help of their movement, SBH argues
the Court docket’s discovering on this regard successfully displays the Court docket’s willpower, on papers alone—i.e., with out oral argument, not to mention an evidentiary listening to— that Particular person Defendants are dishonest and lack credibility.
The Court docket didn’t merely discover that an opposed inference was applicable based mostly upon the misplaced proof, but additionally discovered that there was a malicious intent by Particular person Defendants to “conceal and destroy proof.”
The Court docket’s willpower of Particular person Defendants’ motives, intent, and character is mirrored in not solely the ruling on the movement for sanctions, but additionally within the Court docket’s denial of Particular person Defendants’ movement for go away to complement the abstract judgment report and within the abstract judgment Order that can also be offered for certification on this movement.
In opposition to the movement, the FTC writes;
Particular person Defendants specify no “controlling query of regulation” and current no argument that “a considerable floor for distinction of opinion exists.”
Additional, granting their movement would extend this litigation, not shorten it.
Particular person Defendants merely search to re-litigate a “credibility and character” determination relating to their spoliation of proof in addition to a generic overview of the Court docket’s abstract judgment determination on VOZ Journey.
At time of publication a choice on SBH’s certification movement stays pending.
I’ll go away an replace beneath when the Ninth Circuit has dominated on the September preliminary injunction order enchantment.
Replace sixth November 2021 – Success by Well being’s certification movement has been denied.
The courtroom discovered the movement failed to satisfy the required standards.
Replace twenty fourth December 2021 – The SBH defendants have voluntarily withdrawn their injunction enchantment.