LLC v. Jacques Poujade, Objector. (2021)

United States Court of Appeals, Ninth Circuit.

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, Robb Evans & Associates LLC, Temporary Receiver, Receiver-Appellee, v. VPL MEDICAL, INC., Intervenor-Appellant, Jason Cardiff, et al., Defendant-Appellant, Eunjung Cardiff, et al., Defendants, Jacques Poujade, Objector.

No. 20-55858

Decided: April 28, 2021

Before: SILER,* HURWITZ, and COLLINS, Circuit Judges.

Stacy Rene Procter, Esquire, Attorney, Federal Trade Commission, Los Angeles, CA, Mark S. Hegedus, Esquire, Attorney, Federal Trade Commission, Washington, DC, for Plaintiff - Appellee Michael Gerard Fletcher, Attorney, Hal D. Goldflam, Attorney, Craig A. Welin, Attorney, Frandzel Robins Bloom & Csato, L.C., Los Angeles, CA, for Receiver - Appellee Stephen R. Cochell, Cochell Law Firm, PC, Houston, TX, for Intervenor - Appellant Stephen R. Cochell, Cochell Law Firm, PC, Houston, TX, for Defendant - Appellant

ORDER

Submission of this case was vacated on March 4, 2021. This case is resubmitted for decision effective as of the date of this order.

As the FTC states in its brief, the district court's July 7, 2020 preliminary injunction order was entered “to preserve assets pending a final judgment that could include equitable monetary relief” in this action under § 13(b) of the FTC Act, 15 U.S.C. § 53(b). In AMG Capital Management, LLC v. Federal Trade Commission, 593 U.S. ––––, 141 S.Ct. 1341, ––– L.Ed.2d –––– (2021), the Supreme Court unanimously held “that § 13(b) as currently written does not grant the Commission authority to obtain equitable monetary relief.” Id. at 1352. Accordingly, the July 7, 2020 preliminary injunction is VACATED, and the case is REMANDED to the district court for further proceedings consistent with the Supreme Court's decision in AMG Capital Management.

Each side shall bear its own costs.

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