Federal Trade Commission v. Garvey

383 F.3d 891 FEDERAL TRADE COMMISSION, Plaintiff-Appellant, v. Steven Patrick GARVEY, aka Steve Garvey; Garvey Management Group, Inc.; Lark Kendall, aka Kendall Carson; Mark Levine, individually and as an Officer and Director of Modern Interactive Technology, Inc.; David Richmond, individually and as an Officer and Director of Modern Interactive Technology, Inc.; Modern Interactive Technology, Inc., Defendants-Appellees. No. 03-55179. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 11, 2004. Filed September 1, 2004. COPYRIGHT MATERIAL OMITTED John F. Daly, Deputy General Counsel for Litigation, (argued), and Melvin H. Orlans, Special Litigation Counsel, (brief) Federal Trade Commission, Washington, DC, for the appellant. Edward F. Glynn, Jr., Washington, DC, for the appellees. Appeal from the United States District Court for the Central District of California; Gary A. Feess, District Judge, Presiding. D.C. No. CV-00-09358-GAF. Before PREGERSON, McKEOWN, and BYBEE, Circuit Judges. PREGERSON, Circuit Judge: 1 The Federal Trade Commission ("FTC") appeals a ruling on summary judgment that its suit against Mark Levine, David Richmond, and Modern Interactive…