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Plaintiff Federal Trade Commission's Motion for an Order to Show ...

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Certification of Conference with Opposing Counsel<br />

On this date, undersigned FTC counsel conferred via phone with Robby Birnbaum,<br />

Esq. of Greenspoon Marder, PA, Ft. Lauderdale, Florida, who has served as counsel <strong>for</strong><br />

contempt defend<strong>an</strong>ts Bryon Wolf, Roy Eliasson, <strong>an</strong>d MS LLC in connection with the FTC’s<br />

investigation of this matter. FTC counsel previously attempted <strong>to</strong> contact Mr. Birnbaum by<br />

phone <strong>an</strong>d email on May 20 th . Today, FTC counsel discussed with Mr. Birnbaum the FTC’s<br />

<strong>an</strong>ticipated civil contempt filing, the specific contempt charges levied, <strong>an</strong>d the requested<br />

relief, including full consumer redress. Undersigned counsel also <strong>an</strong>swered questions from<br />

Mr. Birnbaum. Mr. Birnbaum indicated that he was not authorized <strong>to</strong> agree <strong>to</strong> the relief<br />

sought by the Commission. FTC counsel will promptly supplement this certification if the<br />

defend<strong>an</strong>ts thereafter agree <strong>to</strong> the relief sought.<br />

Date: May 21, 2013<br />

s/ Joshua S. Millard<br />

Joshua S. Millard<br />

FEDERAL TRADE COMMISSION<br />

Division of En<strong>for</strong>cement<br />

600 Pennsylv<strong>an</strong>ia Ave., N.W.<br />

Mails<strong>to</strong>p M-8102-B<br />

Washing<strong>to</strong>n, D.C. 20580<br />

202.326.2454 (vox)<br />

202.326.2558 (fax)<br />

jmillard@ftc.gov

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