United States v. 2021-04-28 | 20-55858 | FTC V. JASON CARDIFF | nonprecedential | memorandum…

NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS
FOR THE 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,
and
EUNJUNG CARDIFF, et al.,
Defendants,
JACQUES POUJADE,
Objector.
No. 20-55858
D.C. No. 5:18-cv-02104-DMG-PLA
ORDER
Appeal from the United States District Court
for the Central District of California
Dolly M. Gee, District Judge, Presiding
Argued and Submitted March 2, 2021
Submission Vacated March 4, 2021
Resubmitted April 28, 2021
Pasadena, California
FILED
APR 28 2021
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS

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Before: SILER,* HURWITZ, and COLLINS, Circuit Judges.
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. ___, 2021 WL 1566607 (Apr. 22, 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 *8. 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.
* The Honorable Eugene E. Siler, United States Circuit Judge for the U.S. Court of
Appeals for the Sixth Circuit, sitting by designation.

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