Federal Trade Commission v. Cyberspace.com LLC

MEMORANDUM *

Christopher L. Hebard and Coto Settlement (collectively, “Hebard”) and Ian Eisenberg, French Dreams, and Olympic Telecommunications, Inc. (collectively, “EFO”), appeal the district court’s order partially granting the Federal Trade Commission’s motion for summary judgment. They also appeal the district court’s order, entered after a bench trial, granting consumer redress to the Federal Trade Commission (“FTC”).

We have jurisdiction pursuant to 28 U.S.C. § 1291 . The facts are known to the parties and will not be repeated here.

We review Hebard and EFO’s evidentiary claims for an abuse of discretion. M2 Software, Inc. v. Madacy Entertainment, 421 F.3d 1073, 1087 (9th Cir.2005).

First, we conclude that district court did not abuse its discretion by admitting the StarNet invoices over Hebard and EFO’s claim that the invoices were not authenticated by someone with personal knowledge. The district court record includes the declaration of Tom Van Deren, StarNet’s sales and marketing manager, in which Van Deren identifies the invoices as generated by StarNet and testifies that he had personal knowledge of how StarNet invoices were prepared, sent to clients, and…