Again in February default was entered towards Matt Lloyd and the MOBE company defendants.
Citing communication misunderstandings, Lloyd managed to get his entry of default put aside in April.
Default towards the MOBE company defendants nonetheless stood nonetheless, prompting the FTC to file for default judgment in early Might.
In a July 1st order the courtroom denied the FTC’s movement, citing technicalities pertaining to probably conflicting judgments.
Within the FTC’s lawsuit towards MOBE, Lloyd and the MOBE company defendants are “collectively and severally liable”.
Provided that the Courtroom vacated the Clerk’s default entered towards Defendant McPhee and that Defendant McPhee seems to be taking part on this motion, the Courtroom finds {that a} default
judgment towards the MOBE Company Defendants dangers offending the prohibition towards inconsistent judgments.Due to this fact, the Courtroom finds that the Movement is because of be denied with out prejudice.
Going ahead, the FTC has been given the chance to temporary the courtroom on how granting default towards the MOBE company defendants ‘doesn’t threat offending the prohibition towards inconsistent judgments.‘
Ought to Plaintiff determine to file a renewed movement for default judgment as to the MOBE Company Defendants, Plaintiff shall deal with the difficulty of inconsistent judgments with respect to Defendant McPhee, Defendant Whitney, and some other events to this case … if a default judgment have been to be entered towards the MOBE Company Defendants.
The FTC has been given until July twenty ninth to file a renewed movement addressing the above points.
In the event that they don’t want to pursue the matter at the moment, the courtroom has additionally suggested they will await claims towards Lloyd and co-defendant Russel Whitney to be resolved – after which they will once more pursue default judgement towards the MOBE company defendants.
Pending settlement, Matt Lloyd and the FTC are scheduled to face off in courtroom in Might 2020.