... regulatory or administrative body, or any resignation or termination in order to avoid disciplinary or disbarment proceedings, except as described in detail below: (State “none” if Petitioner has no disciplinary proceedings,etc.) None ...

(Give particulars if ever denied admission): (State “none” if Petitioner has never been denied admission.) None (State “none”if Petitioner is not a member of other Bar Associations.) None 7.

... IA 11-2 (formerly LR 1A 10-2) during the past three (3) years in the following matters: (State "none"if no applications.) Date of Application Cause Title of Court Administrative Body or Arbitrator Was Application Granted or Denied None ...

Defendant - Appellant, and GUY SCOTT GRIFFITHE; et al., Defendants.

The mandate issued on September 18, 2023 is recalled as issued in error.

Defendant - Appellant, and GUY SCOTT GRIFFITHE; et al., Defendants.

The judgment of this Court, entered August 03, 2023, takes effect this date.

This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure.

Before the court is defendants JanOne Inc and Virland A. Johnson’s motion to withdraw as counsel of record (ECF No. 106).

Accordingly, IT IS HEREBY ORDERED that an in-person hearing on defendants JanOne Inc and Virland A. Johnson’s motion to withdraw as counsel of record (ECF No. 106), is SCHEDULED for 11:00 AM, October 2, 2023, in Courtroom 3D.

IT IS FURTHER ORDERED that Defendant Virland A. Johnson must appear at the scheduled hearing at 11:00 AM, October 2, 2023, in Courtroom 3D, third floor, Lloyd D. George Federal Courthouse, United States District Court, 333 Las Vegas Blvd, S., Las Vegas, Nevada 89101.

IT IS FURTHER ORDERED that an officer, director, or managing agent of JanOne Inc., must appear at the scheduled hearing at 11:00 AM, October 2, 2023, in Courtroom 3D, third floor, Lloyd D. George Federal Courthouse, United States District Court, 333 Las Vegas Blvd, S., Las Vegas, Nevada 89101.

The Clerk of Court is directed to mail a copy of this order to the following addresses.

Before the court is Hueston’s Hennigan LLP’s motion to withdraw as counsel of record and to remove counsel from the service list (ECF No. 105).

Counsel states that Live Ventures Incorporated and John Isaac a/k/a Jon Isaac will continue to be represented by Mark Ferrario and Christopher Miltenberger of the law firm Greenberg Traurig, LLP. Id. at p. 4.

Under LR 7-2(d), the failure of an opposing party to file points and authorities in response to any motion, except a motion under Fed. R. Civ.

Accordingly, IT IS HEREBY ORDERED that Hueston’s Hennigan LLP’s motion to withdraw as counsel of record and to remove counsel from the service list (ECF No. 105), is GRANTED.

DATED this 8th day of September 2023.

“Once a prima facie case has been made, the defendant bears the burden of proving the applicability of an exemption.” Id. (citing Ralston Purina, 346 U.S. at 126).

As for Collins, he personally promoted the $1 per share offering and admitted his marketing efforts were a substantial factor in investor interest.

For the $5 per share offering, Collins also directly promoted it on his Facebook page and decided whether or not to accept prospective investors’ investments.

To obtain an injunction, the SEC has the burden of showing that there is a reasonable likelihood of future violations of the securities laws.

Defendants have acknowledged the wrongfulness of their conduct, and fourth, they continue to seek money from investors, including by soliciting “donations” with some promise of future returns.

1 2 3 4 5 6 7 8 9 The Securities and Exchange Commission having filed a Complaint and Defendant Daniel Pacheco having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in paragraph VI); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment:

to obtain money or property by means of any untrue statement of a material fact or any omission of a material fact necessary in order to make the statements made, in light of the circumstances under which they were made, not misleading; or to engage in any transaction, practice, or course of business which operates or would operate as a fraud or deceit upon the purchaser.

Defendant shall satisfy this obligation by paying $2,104,521.07 to the Securities and Exchange Commission pursuant to the terms of the payment schedule set forth in paragraph V below after entry of this Final Judgment.

Defendant may also pay by certified check, bank cashier’s check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Daniel Pacheco as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that this Court shall retain jurisdiction of this matter for the purposes of enforcing the terms of this Final Judgment.

1 2 3 4 5 6 7 8 9 Exhibit 2 Page 13 The Securities and Exchange Commission having filed a Complaint and Defendant Donald Shiroishi (“Defendant”) having entered a general appearance; consented to the Court’s jurisdiction over Defendant and the subject matter of this action; consented to entry of this Final Judgment without admitting or denying the allegations of the Complaint (except as to jurisdiction and except as otherwise provided herein in paragraph VI); waived findings of fact and conclusions of law; and waived any right to appeal from this Final Judgment:

1 2 3 4 5 6 7 8 9 Exhibit 2 Page 14 IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that, as provided in Federal Rule of Civil Procedure 65(d)(2), the foregoing paragraph also binds the following who receive actual notice of this Final Judgment by personal service or otherwise: (a) Defendant’s officers, agents, servants, employees, and attorneys; and (b) other persons in active concert or participation with Defendant or with anyone described in (a).

to make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they were made, not misleading; or to engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person.

Defendant may also pay by certified check, bank cashier’s check, or United States postal money order payable to the Securities and Exchange Commission, which shall be delivered or mailed to Enterprise Services Center Accounts Receivable Branch 6500 South MacArthur Boulevard Oklahoma City, OK 73169 and shall be accompanied by a letter identifying the case title, civil action number, and name of this Court; Donald Shiroishi as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.

IT Is FURTHER ORDERED, ADJUDGED, AND DECREEDthatthis Court shall retain jurisdiction of this matter for the purposes of enforcing the termsofthis Final Judgment.