ORDER DISMISSING 40 SETTLING DEFENDANTS AND FOR RETENTION OF COURT'S JURISDICTION PURSUANT TO STIPULATION FOR SETTLEMENT WITH CERTAIN DEFENDANTS; ORDER THEREON

MIRANDA M. DU, District Judge.

By submission of the attorneys of record for Robb Evans of Robb Evans & Associates LLC as Receiver ("Plaintiff"), Plaintiff's Response to Court's Minute Order of June 23, 2015 ("Response") came before the above-referenced Court. The Court having reviewed and considered the Response and the Stipulation for Settlement with Certain Defendants; Order Thereon (Doc. No. 202) ("Settlement Stipulation"), and good cause appearing for dismissal of the action against all defendants who are parties to the Settlement Stipulation subject to the Court's retention of jurisdiction to construe and enforce the Settlement Stipulation pursuant to the Court's Order approving the Settlement Stipulation (Doc. No. 203) and paragraph 18 of the Settlement Stipulation and as set forth herein,

IT IS ORDERED that:

1. Plaintiff and defendants Brennan Swain, Joseph Kuebler, Tony Zockoll, Bradley Baker, Kim C. Ence, Kade K. Ence, KCE Family Trust, Financial Consulting, LLC, Richard Kimball, Jesse Kimball, Randall Aaron Mayer, John D. Alevras, Rusty Lee, Peggy Horrocks, The Law office of Travis R. Marker, P.C., as Trustee, Mulligan Price, Inc., Stephen K. Murdock, Maple Mountain Construction, Inc., Pineside Investments, LLC, Casey T. Anderson, Cedar City Investments, LLC, Dale F. Dellamas, Dale Dellamas Construction, Inc., J.W. Ranch, Inc., Arvin Lee Black, Sr., William Scott Mitchell, Wendy J. Mitchell, R. Lane Jacobsen, Richard S. Rubin, The Ginsburg Trust, Michael Smith, Sandra S. Smith, J&P Wallace Family Limited Partnership, LLP, Christopher Martin, John Gee, Debra Gee, Robert Klosek, Wayne Cornick, D. Miller Electric, Inc. and D & S Investments, LLC ("Stipulating Defendants") who are collectively the parties to the Settlement Stipulation (Doc. No. 202) shall comply with the terms of the Settlement Stipulation, a copy of which is attached and hereby made the Order of this Court;

2. By consent of Plaintiff and the Stipulating Defendants reflected in paragraph 18 of the Settlement Stipulation, the Court shall retain jurisdiction for the purpose of interpreting and enforcing the provisions of the Settlement Stipulation, granting relief in the event of any violation of the Settlement Stipulation and interpreting and enforcing the Court's order entered approving the Settlement Stipulation (Doc. No. 203); and

3. Except as provided in paragraphs 1 and 2 of this Order, the action shall be dismissed with prejudice as to the Stipulating Defendants.

This Stipulation for Settlement with Certain Defendants; Order Thereon ("Stipulation") is entered into by and among Robb Evans of Robb Evans & Associates LLC ("Plaintiff"), in his capacity as receiver appointed in the case pending in the United States District Court, District of Nevada, entitled Federal Trade Commission v. Jeremy Johnson et al, Case No. 2:10-cv-02203-MMD-GWF, and in pro per defendants Brennan Swain, Joseph Kuebler, Tony Zockoll, and Bradley Baker and defendants Kim C. Ence, Kade K. Ence, KCE Family Trust Dated September 30, 2010, Financial Consulting, LLC, Richard Kimball, Jesse Kimball, Randall Aaron Mayer, John D. Alevras, Rusty Lee, Peggy Horrocks, The Law office of Travis R. Marker, P.C., as Trustee, Mulligan Price, Inc., Stephen K. Murdock, Maple Mountain Construction, Inc., Pineside Investments, LLC, Casey T. Anderson, Cedar City Investments, LLC, Dale F. Dellamas, Dale Dellamas Construction, Inc., J.W. Ranch, Inc., Arvin Lee Black, Sr., William Scott Mitchell, Wendy J. Mitchell, R. Lane Jacobsen, Richard S. Rubin, The Ginsburg Trust, Michael Smith, Sandra S. Smith, J&P Wallace Family Limited Partnership, LLP, Christopher Martin, John Gee, Debra Gee, Robert Klosek, Wayne Cornick, D. Miller Electric, Inc. and D & S Investments, LLC (individually referred as "Stipulating Defendant" and collectively, the "Stipulating Defendants"), by and through their counsel, and with reference to the following:

RECITALS

A. The Plaintiff was appointed Temporary Receiver pursuant to a Temporary Restraining Order issued on January 13, 2011 in the civil enforcement action entitled Federal Trade Commission v. Jeremy Johnson, etc., et al., Case No. 2:10-cv-02203-MMD-GWF ("Receivership Action") pending in the United States District Court for the District of Nevada. Plaintiff became Permanent Receiver pursuant to a Preliminary Injunction Order issued on February 10, 2011. On March 25, 2013, the Court in the Receivership Action entered its Order granting the Receiver's Motion for Order Clarifying Preliminary Injunction Order and for Further Instructions Regarding Scope of Receivership Defendants under Preliminary Injunction Order and Report of Receiver's Financial Reconstruction and Granting Relief from Local Rule 66-5 Pertaining to Notice to Creditors pursuant to which the Court confirmed the status of numerous entities and properties as assets of the receivership estate and confirmed the status of various entities as Receivership Defendants.

B. On October 30, 2012, Plaintiff filed the Complaint in the above-captioned action.

C. Defendants Arvin Lee Black, II, ("Black") Atia Black, Sole Group, LLC ("Sole Group") and Jason Vowell have failed to respond to Plaintiff's Complaint. Plaintiff filed requests for the Clerk's entry of defaults as to Black, Atia Black, Sole Group and Jason Vowell. On August 1, 2013, the Clerk entered the defaults of Black, Atia Black and Sole Group. On October 31, 2013, the Clerk entered the default of Jason Vowell.

D. On February 7, 2013, defendants Todd Vowell, Kombi Capital, LP, Paydirt Capital, Inc., Fishhook Partners, LLC, and REO Recovery, LLC (collectively, the "Todd Vowell Parties") filed a motion to dismiss, and on February 25, 2013, Plaintiff filed his Opposition to the motion to dismiss. On September 23, 2013, the Court denied the motion to dismiss as moot.

E. On October 11, 2013, Plaintiff requested entry of defaults against the Todd Vowell Parties for failure to respond to the Complaint. On October 15, 2013, defaults were entered against the Todd Vowell Parties.

F. On February 12, 2014, defendants Todd Vowell, Kombi Capital, LP, Paydirt Capital, Inc., Fishhook Partners, LLC were dismissed from this action.

G. Plaintiff and the Stipulating Defendants wish to resolve the action consensually without the expense and uncertainty of litigation.

NOW, THEREFORE, in consideration of the foregoing, the parties hereto do stipulate and agree as follows:

1. Default Judgment Against Black, Atia Black and/or Sole Group. Plaintiff shall move for entry of a default judgment against Black, Atia Black and/or Sole Group seeking monetary relief in the aggregate amount of not less than $2.6 million. This agreement shall only be effective upon Plaintiff's obtaining monetary judgments against Black, Atia Black and/or Sole Group in the aggregate amount of at least $1.8 million.

2. Defendants' Allowed Claims. Plaintiff has reviewed and approved the Stipulating Defendants' claims against Black, Atia Black and/or Sole Group arising from the loans made and/or payments to Black, Atia Black and/or Sole Group. Upon Plaintiff's request, each of the Stipulating Defendants agreed to provide to Plaintiff any documentation necessary to support his, her or its claim amount against Black, Atia Black and/or Sole Group. Plaintiff's determination of each Stipulating Defendant's claim amount shall be the "Defendant's Allowed Claim" for each Stipulating Defendant, or group of Stipulating Defendants, if a claim is held jointly by more than one Stipulating Defendant ("Stipulating Defendant Group"). Each Stipulating Defendant represents and warrants that his/her/its Allowed Claim is an accurate representation of the difference between the amounts the Stipulating Defendant or Stipulating Defendant Group paid to Black and/or Sole Group and the amounts the Stipulating Defendant or Stipulating Defendant Group received from Black and/or Sole Group. For purposes of the calculation of a Judgment Percentage defined below in paragraph 5, any Defendant's Allowed Claim held by a Stipulating Defendant Group constitutes only one claim, such that each Stipulating Defendant within the Stipulating Defendant Group shares jointly in the Defendant's Allowed Claim for the Stipulating Defendant Group. Attached hereto as Exhibit "A" is a chart setting forth each Defendant's Allowed Claims and the total amount of the Defendants' Allowed Claims. For any Stipulating Defendant whose Allowed Claim is listed as "$0.00" on Exhibit A attached hereto, that Stipulating Defendant has no Allowed Claim and will not share in the Collections or State Court Collections.

3. Plaintiff's Allowed Claim. "Plaintiff's Allowed Claim" shall equal the aggregate amount of the separate default judgments entered against Black, Atia Black, and/or Sole Group ("Black Judgment") in favor of Plaintiff. To the extent any liability is deemed to be joint and several, and not separate, the amount of such joint and several liability shall not be added together in calculating Plaintiff's Allowed Claim. Defendants' Allowed Claims and Plaintiffs Allowed Claim are collectively referred to as "Allowed Claims."

4. Assignment of Black Judgment. After entry of the Black Judgment, Plaintiff shall assign and transfer the Black Judgment to each of the Stipulating Defendants, so that the Stipulating Defendants and Plaintiff share an undivided, one hundred percent (100%) interest in the Black Judgment. Plaintiff and the Stipulating Defendants agree that once Plaintiff assigns the Black Judgment, all parties to this Stipulation shall have an equal right to enforce and collect the Black Judgment subject to the allocation provided at paragraph 7.

5. Judgment Percentage. The Balance Collected, as defined in paragraph 7b, shall be shared among the holders of Allowed Claims on a pro rata basis. As used herein, "pro rata" means the ratio of the amount that each party's Allowed Claim bears to the aggregate amount of all Allowed Claims. The "Judgment Percentage" for the holder of each Allowed Claim shall be calculated by using the Allowed Claim as the numerator and the aggregate of all Allowed Claims as the denominator. For example and by way of illustration only, an Allowed Claim of $100 with the aggregate of all Allowed Claims totaling $1,000 would have a Judgment Percentage of 10% (or .10). After determination of Plaintiff's Allowed Claim (i.e., entry of the Black Judgment), Plaintiff shall file with the Court in this case a schedule setting forth each Allowed Claim, the total amount of Allowed Claims and the Judgment Percentage for each Allowed Claim.

6. Creation of Judgment Liens. After entry of the Black Judgment, Plaintiff shall take steps to create judgment liens on real and personal property in Utah and Nevada, as may be appropriate in his sole and absolute opinion and judgment. After assignment of the Black Judgment, Stipulating Defendants may take steps to create judgment liens in other jurisdictions.

7. Allocation of Collections. Any monies recovered from Black, Atia Black and/or Sole Group by the Stipulating Defendants or Plaintiff through enforcement of the Black Judgment, whether through legal enforcement procedures, non-legal procedures, voluntary payment or otherwise ("Collections"), shall be disbursed pursuant to the disbursement procedures set forth in paragraph 12 below and paid to the holders of Allowed Claims as follows:

8. State Court Collections. Certain of the Stipulating Defendants have state court judgments against Black, Atia Black and/or Sole Group ("State Court Judgments"). The Stipulating Defendants and Plaintiff agree that any monies recovered against Black, Atia Black and/or Sole Group on account of the State Court Judgments, whether through legal enforcement procedures, non-legal procedures, voluntary payment or otherwise ("State Court Collections"), shall be disbursed to the Stipulating Defendants and Plaintiff in the same manner as the Collections as set forth in paragraph 7.

9. Criminal Proceedings Against Black. On December 20, 2013, criminal proceedings were brought against Black in the U.S. District Court, District of Utah, Case No. 2:13-CR-836-001-RJS, in connection with his operation a Ponzi scheme. Black was charged with wire fraud and money laundering. On January 10, 2014, Black pled guilty to the charges and admitted that through his business, Sole Group, he operated a Ponzi scheme from about 2007 through 2012. In addition, Black agreed to a criminal monetary judgment against him in the amount of $13,793,626.55. As a result of Black's guilty plea, the United States government may implement asset forfeiture proceedings against him. In the event that any party to this Stipulation recovers monies on account of civil or criminal forfeiture proceedings in connection with Black's criminal case, Plaintiff and Stipulating Defendants agree that those monies shall be disbursed to the Stipulating Defendants and Plaintiff in the same manner as the Collections as set forth in paragraph 7.

10. Non-Stipulating Defendants. Any person or entity not a party to this Stipulation ("Non-Stipulating Defendants"), shall not share in any disbursement of Collections and/or State Court Collections. The rights of the Non-Stipulating Defendants remain unaffected by this Stipulation. Plaintiff's rights against the Non-Stipulating Defendants remain unaffected by this Stipulation.

11. Assets Available for Collection. Under this Stipulation, the parties hereto agree that only the assets of Black, Atia Black and/or Sole Group are assets available for Collections and State Court Collections.

12. Disbursement Procedures for Stipulating Defendants. Within ten (10) days of any Collecting Party recovering Collections and/or State Court Collections, such Collecting Party shall notify Plaintiff of the Collections and/or State Court Collections and provide the details of such Collections and/or State Court Collections, including but not limited to: (a) the date the Collections and/or State Court Collections were received; (b) the total Collections and/or State Court Collections amount; (c) the Gross Collection Amounts; and (d) details concerning the Collections and/or State Court Collections, such as the financial institution and account details for an account levied upon. Plaintiff shall have ten (10) days from the date of such notification to determine whether the Collections and/or State Court Collections consist of assets belonging to the receivership estate and shall advise the Collecting Party or his counsel in writing of such determination ("Collections Determination"). Within ten (10) days of Plaintiff's Collections Determination, the Collecting Party shall either (a) disburse the Balance Collected, by check, wire transfer, cashier's check or other cash equivalent to the holders of Allowed Claims, according to each of their Collection Shares, if the Collections and/or State Court Collections are determined by Plaintiff not to constitute receivership assets; or (b) turn over the Collections and/or State Court Collections to Plaintiff, if they are determined by Plaintiff to constitute receivership estate assets. If the Collecting Party disputes the Plaintiff's Collections Determination, that Collecting Party may bring a noticed motion to the Court in this case to resolve the dispute within such ten (10) day period and may maintain custody of the Collections and/or State Court Collections pending resolution of the motion.

13. Plaintiff's Disbursement Procedures. Within ten (10) days of Plaintiff recovering Collections, Plaintiff shall disburse the Balance Collected by wire transfer, cashier's check or other cash equivalent to holders of Allowed Claims according to each of their Collection Shares.

14. Effect of Full Satisfaction of Black Judgment. In the event that the Black Judgment is satisfied in full, nothing in this Stipulation shall waive or prohibit the enforcement or collection of any additional claims the parties may have against Black and/or Sole Group.

15. Resolution of Case as to Stipulating Defendants. This Stipulation is intended to resolve this action in its entirety as it relates to the Stipulating Defendants. The parties to this Stipulation are not entitled to any other relief, including but not limited to any monetary relief, or judgment of any kind, or attorneys' fees and costs, except as expressly provided for herein.

16. Notices and Payments. Stipulating Defendants and Plaintiff shall advise one another in writing of any change of address or change of attorney information. For purposes of any notice required to be made pursuant to this Stipulation and any payment to be made on account of Collections and/or State Court Collections under this Stipulation, such notice or payment shall be made to the attorney of record for the Stipulating Defendant and Plaintiff, or directly to any pro per Stipulating Defendant. All payments and notices shall be made as follows:

17. Failure to Comply with Stipulation. The parties to this Stipulation may enforce compliance with, and seek relief from any violation of, this Stipulation by motion made to the Court in this Action, including without limitation an application for issuance of an order to show cause re: contempt for any willful violation of the order approving this Stipulation.

18. Retention of Jurisdiction. This Court shall retain jurisdiction over this Action to interpret and enforce the provisions of this Stipulation, to grant relief in the event of any violation of the Stipulation and to interpret and enforce any order entered approving this Stipulation.

19. Headings. The headings of paragraphs of this Stipulation are inserted solely for the convenience of reference and are not a part of and are not intended to govern, limit, or aid in the construction or interpretation of any term or provision hereof.

20. Pronouns. Any pronoun herein shall be construed to refer to the masculine, feminine or neutral gender, in singular or plural, as each case is most appropriate.

21. Use of Singular and Plural. The singular form of a word herein shall be interpreted as plural, and the plural form of a word shall be interpreted as singular, as appropriate.

WHEREFORE, the parties pray this Honorable Court endorse this Stipulation as outlined herein and set forth below.

ORDER

IT IS SO ORDERED.

ORDER

IT IS SO ORDERED.

ORDER

IT SO ORDERED.

EXHIBIT A