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Securities and Exchange Commission v. Live Ventures Incorporated et al

Docket 2:21-cv-01433, Nevada District Court (Aug. 2, 2021)
Judge James C. Mahan, presiding, Magistrate Judge Maximiliano D. Couvillier, III
Securities, Commodities, Exchange
DivisionLas Vegas
Cause15:77 Securities Fraud
Case Type850 Securities, Commodities, Exchange
Tags850 Securities, Commodities, Exchange, 850 Securities, Commodities, Exchange
Plaintiff Securities and Exchange Commission
Defendant Live Ventures Incorporated
Defendant JanOne Inc.
...
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No. 177 ORDER granting 176 Stipulation to Extend the Time to File an Opposition and Reply to 172 and ...

Document Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 177 (D.Nev. Nov. 15, 2024)
Motion to Extend Time to File OppositionGranted
(First Request) 1 2 3 4 5 6 7 8 9 Pursuant to Local Rule IA 6-1, Plaintiff Securities and Exchange Commission (“SEC”), Defendants Live Ventures Incorporated, John Isaac a/k/a Jon Isaac, and Virland Johnson (“Defendants”), by and through their respective undersigned counsel of record, hereby file this Stipulation and Proposed Order to Extend the Time to File an Opposition and Reply to Motions for Summary Judgment (this “Stipulation”) and stipulate, agree, and request that the Court enter an order extending the deadline for opposing, and replying in support of, the parties’ respective motions for summary judgment by two weeks.
/// /// /// 1 Due to an outage of the ECF system, the SEC’s partial motion for summary judgment was filed on October 31, 2024.
1 2 3 4 5 6 7 8 9 Based on the foregoing Stipulation and good cause appearing, the Parties respectfully request that the Court enter an order adopting the Parties’ amended proposed schedule for briefing the motions for summary judgment.
Postal Service at Los Angeles, California, with first class postage thereon fully prepaid.
☐ UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by United Parcel Service (“UPS”) with delivery fees paid or provided for, which I deposited in a facility regularly maintained by UPS or delivered to a UPS courier, at Los Angeles, California.
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No. 163 ORDER Granting 160 Motion to Withdraw as Attorney

Document Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 163 (D.Nev. Sep. 23, 2024)
Motion to Withdraw as CounselGranted
1 2 3 4 5 6 7 8 9 Pursuant to Local Rule IA 11-6, Lynn M. Dean hereby moves this Court for leave to withdraw as attorney of record for Plaintiff Securities and Exchange Commission based upon the following: Ms. Dean is retiring from the SEC.
At least one member of the agency will continue to serve as counsel of record for the SEC.
On September 3, 2024, I caused to be served the document entitled MOTION TO WITHDRAW AS ATTORNEY on all the parties to this action addressed as stated on the attached service list: OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing today following ordinary business practices.
Postal Service at Los Angeles, California, with first class postage thereon fully prepaid.
☐ UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by United Parcel Service (“UPS”) with delivery fees paid or provided for, which I deposited in a facility regularly maintained by UPS or delivered to a UPS courier, at Los Angeles, California.
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No. 162 ORDER Granting 161 Motion to Admit Government Attorney Daniel O. Blau for Securities and Exchange ...

Document Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 162 (D.Nev. Sep. 9, 2024)
Motion to Appear Pro Hac ViceGranted
1 2 3 4 5 6 7 8 9 Pursuant to Local Rule IA 11-3, the United States Securities and Exchange Commission (“SEC”) respectfully requests that this honorable Court admit the undersigned government attorney, Daniel O. Blau, to practice in the District of Nevada for the above-captioned case and in all matters in this district during the period of his employment by the United States.
Local Rule IA 11-3 provides: Unless the court orders otherwise, any attorney who is a member in good standing of the highest court of any state, commonwealth, territory, or the District of Columbia, who is employed by the United States as an attorney and has occasion to appear in this court on behalf of the United States, is entitled to be permitted to practice before this court during the period of employment upon motion by the employing federal entity, the United States Attorney, the United States Trustee’s Office, or the Federal Public Defender for this district or one of the assistants.
On September 4, 2024, I caused to be served the document entitled MOTION TO PERMIT APPEARANCE OF GOVERNMENT ATTORNEY DANIEL O. BLAU on all the parties to this action addressed as stated on the attached service list: ☐ OFFICE MAIL: By placing in sealed envelope(s), which I placed for collection and mailing today following ordinary business practices.
Postal Service at Los Angeles, California, with first class postage thereon fully prepaid.
☐ UNITED PARCEL SERVICE: By placing in sealed envelope(s) designated by United Parcel Service (“UPS”) with delivery fees paid or provided for, which I deposited in a facility regularly maintained by UPS or delivered to a UPS courier, at Los Angeles, California.
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No. 159 ORDER Granting 158 Amended Stipulation to Continue Discovery

Document Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 159 (D.Nev. Aug. 27, 2024)
Motion to ContinueGranted
On October 28, 2022, the Live Defendants served their Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a)(1).
On October 28, 2022, the JanOne Defendants served their Initial Disclosures pursuant to Federal Rule of Civil Procedure 26(a).
However, on August 8, 2024, the SEC notified Live’s counsel that its expert witness John Drum had twins born very prematurely, who have remained hospitalized, and that Mr.
Based on the foregoing Stipulation and good cause appearing, the Parties respectfully request that the Court enter an order adopting the Parties’ amended proposed schedule for completing all remaining discovery.
Bar # 308630) 444 S. Flower Street, Suite 900 Los Angeles, California 90071 Attorneys for Plaintiff Securities and Exchange Commission Dated this 26th day of August 2024.
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No. 144 ORDER Granting 143 Joint MOTION for Judgment Against Defendant JanOne Inc

Document Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 144 (D.Nev. May. 24, 2024)
Motion for JudgmentGranted
>_>Wwbh oOoOoNODN 4, Defendantagreesthat it shall not seek or accept, directly or indirectly, reimbursementor indemnification from any source, including but not limited to payment made pursuantto any insurance policy, with regard to any civil penalty amounts that Defendant pays pursuantto the Final Judgment, regardless of whether such penalty amounts orany part thereof are addedto a distribution fund or otherwise used for the benefit of investors.
In connection with this action and any related judicial or administrative proceeding or investigation commenced by the Commission or to which the Commissionis a party, Defendant (i) agrees to appear and be interviewed by Commissionstaff at such times and placesas the staff requests upon reasonable notice; (ii) will accept service by mail or facsimile transmission of notices or subpoenas issued by the Commission for documentsor testimonyat depositions, hearings, or trials, or in connection with any related investigation by Commissionstaff; (iii) with respect to such notices and subpoenas, waivestheterritorial limits on service contained in Rule 45 ofthe Federal Rules of Civil Procedure and any applicable local rules, provided that the party requesting the testimony reimburses Defendant's travel, lodging, and subsistence expensesat the then-prevailing U.S. Governmentper diem rates; and (iv) consents to personal jurisdiction over Defendant in any United States District Court for purposes of enforcing any such subpoena.
tod wi JanOne, Inc. By: Antonios “Tony” Isaac Chief Executive Officer 325 E. Warm Springs Road, Suite 102 Las Vegas.
to employ any device, scheme, or artifice to defraud; 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; JanOne, Inc. as a defendant in this action; and specifying that payment is made pursuant to this Final Judgment.
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No. 117 ORDER Granting 116 Motion for Leave to Appear Telephonically

Document Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 117 (D.Nev. Sep. 25, 2023)
Counsel for Defendants JanOne Inc. and Virland A. Johnson ("JanOne Defendants") hereby move this Court for leave to allow Nicolas Morgan, Esq. ("Mr. Morgan"), of the law firm of Paul Hastings LLP1, to virtually attend the October 2, 2023 hearing on the Motion to Withdraw as Counsel of Record [ECF No. 106] based upon the following:
701 S. 7th Street Las Vegas, NV 89101 702.786.1001 Ms. Tapper was admitted pro hac vice on October 18, 2021.
Due to the cost and time associated with travel, Mr. Morgan requests leave to virtually attend the October 2, 2023 hearing.
For these reasons, Counsel respectfully requests that the Court grant this Motion, and enter an Order permitting Mr. Morgan to virtually attend the October 2, 2023 hearing.
701 S. 7th Street Las Vegas, NV 89101 Telephone: 702.786.1001 Facsimile: 702.786.1002 Attorneys for Defendants JANONE INC and VIRLAND A. JOHNSON 9-25-2023 2 Mr. Zaccaro was formally with the law firm of Paul Hastings LLP and is now with the law firm of Hueston Hennigan LLP ("Heuston Hennigan").
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No. 114 ORDER Granting 111 Verified Petition for Permission to Practice Pro Hac Vice for Attorney ...

Document Securities and Exchange Commission v. Live Ventures Incorporated et al, 2:21-cv-01433, No. 114 (D.Nev. Sep. 20, 2023)
Motion to Appear Pro Hac ViceGranted
... 06/15/2020 06/03/2022 1048997 None 2 Case 2:21-cv-01433-JCM-VCF Document 111 Filed 09/14/23 Page 3 of 7Case 2:21-cv-01433-JCM-VCF Document 114 Filed 09/20/23 Page 3 of 7 None Washington DC Maryland None ...
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