Case 2:15-cv-01578-JJT Document 146 Filed 10/07/15 Page 1 of 3

Quarles & Brady LLP

Firm State Bar No. 00443100

Renaissance One
Two North Central Avenue
Phoenix, AZ 85004-2391

TELEPHONE 602.229.5200

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Brian R. Booker (#015637)

brian.booker@quarles.com
John A. Harris (#014459)
john.harris@quarles.com
Kevin D. Quigley (015972)
kevin.quigley@quarles.com
Edward A. Salanga (#20654)
edward.salanga@quarles.com
Attorneys for Defendants Vemma Nutrition
Company and Vemma International Holdings,
Inc.

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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Federal Trade Commission,

Plaintiff,

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vs.
Vemma Nutrition Company, et al.,
Defendants.

NO. CV-15-01578-PHX-JJT
STIPULATED MOTION TO
WITHDRAW MOTIONS FILED BY
CORPORATE DEFENDANTS AND
FTC LOCATED AT DOCKET NOS.
128 AND 134, AND SUBMISSION
OF AGREEMENT REGARDING
SAME

Defendants Vemma Nutrition Company and Vemma International Holdings, Inc.

(collectively, Corporate Defendants), hereby submit this Stipulated Motion to
withdraw the following motions (collectively, the "Motions"):

Defendants Vemma

Nutrition Company And Vemma International Holdings, Inc.'s Emergency Motion To

Approve Affiliate Communications [Docket No. 128] filed by the Corporate Defendants;
and Plaintiff Federal Trade Commission's Motion To Prohibit Reclassification Of
Affiliates Without Their Affirmative Consent And To Prevent Dissemination Of

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Case 2:15-cv-01578-JJT Document 146 Filed 10/07/15 Page 2 of 3

Materials Describing Proposed Compensation Plan Before Approval [Docket No. 134],

filed by the Federal Trade Commission (the FTC).

The Corporate Defendants and the FTC have reached an agreement regarding the

matters raised in the Motions, the terms of which are set forth in the letter agreement

attached hereto as Exhibit "1". Accordingly, the Corporate Defendants and the FTC

stipulate that the Motions should be withdrawn and that the Court should vacate the

briefing deadline associated therewith.

For these reasons, the Corporate Defendants and the FTC respectfully request that

the Court enter an Order in the proposed form attached (a) deeming the Motions

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withdrawn and (b) vacating the briefing deadline associated with the Motions.

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RESPECTFULLY SUBMITTED this 7th day of October, 2015.

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QUARLES & BRADY LLP

Renaissance One
Two North Central Avenue
Phoenix, AZ 85004-2391

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By s/ Kevin D. Quigley
Brian R. Booker
John A. Harris
Kevin D. Quigley
Edward A. Salanga

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Attorneys for Defendants Vemma Nutrition

Company, Vemma International Holdings, Inc.

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Agreed to by:

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/s/ Jason C. Moon

Angeleque P. Linville
Jason C. Moon
Anne D. Lejeune
Emily B. Robinson

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Attorneys for Plaintiff

FEDERAL TRADE COMMISSION

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Case 2:15-cv-01578-JJT Document 146 Filed 10/07/15 Page 3 of 3

CERTIFICATE OF SERVICE

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I hereby certify that on October 7, 2015, I electronically transmitted the attached

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document to the Clerks Office using the CM/ECF System for filing and a copy was
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electronically submitted to counsel at the e-mail addresses below:
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Counsel for Plaintiff, Federal Trade

Commission:

Counsel for Receiver Robb Evans &

Associates, LLC:

Jonathan E. Neuchterlein
General Counsel
Angeleque P. Linville
alinville@ftc.gov

Dentons US LLP
Gary Owen Caris
gary.caris@dentons.com
Lesley Anne Hawes
lesley.hawes@dentons.com

Jason C. Moon
jmoon@ftc.gov

Joshua S. Akbar
joshua.akbar@dentons.com

Anne D. Lejeune
alejeune@ftc.gov
Emily B. Robinson
erobinson@ftc.gov

Counsel for Defendant Benson K.

Boreyko:

Counsel for Defendants Tom and

Bethany Alkazin:

John R. Clemency
Gallagher & Kennedy
john.clemency@gknet.com

Coppersmith & Brockelman PLC

Keith Beauchamp
kbeauchamp@cblawyers.com

Lindsi Michelle Weber

lindsi.weber@gknet.com

Marvin Christopher Ruth

mruth@cblawyers.com

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s/ Kelly Thwaites

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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

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Federal Trade Commission,

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Plaintiff,

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vs.
Vemma Nutrition Company, et al.,

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Defendants.

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NO. CV-15-01578-PHX-JJT
[PROPOSED] ORDER GRANTING
STIPULATED MOTION TO
WITHDRAW MOTIONS FILED BY
CORPORATE DEFENDANTS AND
FTC LOCATED AT DOCKET NOS.
128 AND 134, AND SUBMISSION
OF AGREEMENT REGARDING
SAME

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The Court having reviewed the Stipulated Motion To Withdraw Motions Filed By

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Corporate Defendants And FTC Located At Docket Nos. 128 and 134, And Submission

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Of Agreement Regarding Same (the "Stipulated Motion"),1 based on the entire record

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before the Court, the agreement among the Corporate Defendants and the FTC attached to

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the Stipulated Motion as Exhibit "1", and good cause appearing,

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IT IS HEREBY ORDERED that the Stipulated Motion is GRANTED.

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IT IS FURTHER ORDERED that the Defendants Vemma Nutrition Company

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Capitalized terms not defined in this Order have the meaning ascribed to them in
the Stipulated Motion.

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And Vemma International Holdings, Inc.'s Emergency Motion To Approve Affiliate

Communications [Docket No. 128] filed by the Corporate Defendants, and the Plaintiff

Federal Trade Commission's Motion To Prohibit Reclassification Of Affiliates Without

Their Affirmative Consent And To Prevent Dissemination Of Materials Describing

Proposed Compensation Plan Before Approval [Docket No. 134] filed by the FTC

(collectively, the "Motions"), are both deemed withdrawn.

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IT IS FURTHER ORDERED that the briefing deadline associated with the

Motions is vacated.

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