A February 21st order has revealed a decision on the Success By Health preliminary injunction is likely next week.
The note was part of an order granting Success By Health’s motion to supplement the record:
The Court is considering the newly-submitted evidence and hopes to issue an order on the merits of the preliminary injunction request sometime next week.
As to Success By Health’s motion, on February 19th the company flooded the docket with twenty-four supplementary exhibits.
The FTC didn’t oppose the filing, but did state the exhibits were
replete with factual inaccuracies, are contradicted by Defendants’ sworn testimony, and largely reflect information that could have been submitted prior to or during the Court’s February 12 hearing.
None of the new material undercuts the FTC’s voluminous evidence establishing a likelihood of success on the merits and that the equities favor granting a preliminary injunction.
A decision on the injunction remains pending.
Update 29th February 2020 – On February 27th a preliminary injunction was granted against Success By Health and Jay Noland.