STIPULATION AND ORDER AUTHORIZING JOSHUA TEEPLE, PERMANENT RECEIVER, TO:
1. VACATE LOUISVILLE, COLORADO PREMISES; AND
2. REJECT LEASE
ANDREW P. GORDON, District Judge.
IT IS HEREBY STIPULATED between Joshua Teeple, Permanent Receiver ("Receiver"), plaintiff Federal Trade Commission ("FTC"), defendants Blair McNea and Jennifer Johnson (collectively "Defendants"), as follows:
RECITALS
A. WHEREAS, Joshua Teeple is the appointed, qualified and acting Temporary Receiver of RevMountain, LLC; RoadRunner B2C, LLC, d/b/a RevGo; Wave Rock, LLC; Juniper Solutions, LLC; Jasper Woods, LLC; Wheeler Peak Marketing, LLC; ROIRunner, LLC; Cherry Blitz, LLC; Flat Iron Avenue, LLC; Absolutely Working, LLC; Three Lakes, LLC; Bridge Ford, LLC; How and Why, LLC; Spruce River, LLC; TrimXT, LLC; Elation White, LLC; IvoryPro, LLC; Doing What's Possible, LLC; RevGuard, LLC; RevLive!, LLC; Blue Rocket Brands, LLC; Convertis, LLC; Convertis Marketing, LLC; Turtle Mountains, LLC; Boulder Black Diamond, LLC; Mint House, LLC; Thunder Avenue, LLC; University & Folsom, LLC; Boulder Creek Internet Solutions, Inc.; Walnut Street Marketing, Inc.; Snow Sale, LLC; Brand Force, LLC; Wild Farms, LLC; Salamonie River, LLC; Indigo Systems, LLC; Night Watch Group, LLC; Newport Crossing, LLC; Greenville Creek, LLC; Brookville Lane, LLC; Anasazi Management Partners, LLC; Honey Lake, LLC; Condor Canyon, LLC; Brass Triangle, LLC; Solid Ice, LLC; Sandstone Beach, LLC; Desert Gecko, LLC; Blizzardwhite, LLC; Action Pro White, LLC; First Class Whitening, LLC; Spark Whitening, LLC; Titanwhite, LLC; Dental Pro At Home, LLC; Smile Pro Direct, LLC; Circle of Youth Skincare, LLC; DermaGlam, LLC; Sedona Beauty Secrets, LLC; Bella at Home, LLC; SkinnylQ, LLC; Body Tropical, LLC; and each of their subsidiaries, affiliates, successors, and assigns ("Receivership Entities") pursuant to the Court's July 25, 2017 order.
B. WHEREAS, on September 1, 2017, this Court entered a preliminary injunction and appointed Joshua Teeple as the Permanent Receiver of the Receivership Entities.
C. WHEREAS, the Receivership Entities conducted some of their business operations at 2011 Cherry Street, Suites 110 and 202, Louisville, Colorado ("Louisville Premises").
D. WHEREAS, the Receivership Entities also conducted some of their business operations at 6260 Lookout Road, Boulder, Colorado ("Boulder Premises").
E. WHEREAS, the Receiver immediately assumed possession and control of the Louisville Premises following his appointment on July 25, 2017, and remains in possession and control of the Louisville Premises.
F. WHEREAS, the Receivership Entities occupied the Louisville Premises pursuant to a written lease agreement, dated May 8, 2014, that commenced no later than July 1, 2014, with a term of five (5) years, two (2) months ("Lease").
G. WHEREAS, the business operations and certain related furniture and equipment of the Louisville Premises have been relocated by the Receiver to the Boulder Premises.
H. WHEREAS, the Receiver has concluded that is in the best interests of the receivership estate and all interested parties to immediately vacate the Louisville Premises, abandon in place the remaining furniture and equipment which the Receiver is informed has little inherent value, and reject the Lease.
I. WHEREAS, the Receiver intends to immediately abandon the Louisville Premises and reject the Lease.
J. WHEREAS, the Receiver intends to and will remove, store and preserve any and all business records, including electronically stored information, found at the Louisville Premises prior to vacating the Louisville Premises.
NOW, THEREFORE, in consideration of the foregoing, the parties agree as follows:
1. IT IS HEREBY STIPULATED that the Receiver is authorized to immediately vacate the Louisville Premises.
2. IT IS FURTHER STIPULATED that the Lease is rejected as of the date of entry of the Court's order based on this stipulation.
3. IT IS FURTHER STIPULATED that the Receiver is directed to remove, store and preserve any and all business records, including electronically stored information, found at the Louisville Premises prior to vacating the Louisville Premises.
4. IT IS FURTHER STIPULATED that, by executing below, the Entity Defendants, and defendants McNea, Johnson and Foss do not waive or concede, nor do they intend to waive or concede, any legal or equitable rights, remedies or defenses they may have.
ORDER
Based on the Stipulation Authorizing Joshua Teeple, Permanent Receiver, To: 1. Vacate Louisville, Colorado Premises; and 2. Reject Lease ("Stipulation"), and good cause appearing therefor,
1. IT IS HEREBY ORDERED that the Stipulation is approved.
2. IT IS FURTHER ORDERED that the Receiver is authorized to immediately vacate the business premises located at 2011 Cherry Street, Suite 110 and 202, Louisville, Colorado ("Louisville Premises").
3. IT IS FURTHER ORDERED that the written lease agreement, dated May 8, 2014, that commenced no later than July 1, 2014, with a term of five (5) years, two (2) months ("Lease"), pursuant to which the Receivership Entities occupied the Louisville Premises, is rejected as of the date of entry of this order.
4. IT IS FURTHER ORDERED that the Receiver is directed to remove, store and preserve any and all business records, including electronically stored information, found at the Louisville Premises prior to vacating the Louisville Premises.
5. IT IS FURTHER ORDERED that by executing the Stipulation the Entity Defendants, and defendants McNea, Johnson and Foss do not waive or concede, nor do they intend to waive or concede, any legal or equitable rights, remedies or defenses they may have.
