The FTC requested a three-week delay in their trial against Neora on July 27.
The request was dismissed by the court on August 5th, so unless the parties can agree, they will be heading for a courtroom battle.
A motion for a continuance was filed by the FTC.
recent extensions to the summary judgment briefing timeline and hearing date have strained an already crowded pre-trial timetable.
The parties’ pre-trial documents, which were originally due on September 19, have been pushed back to September 28, nine days before the Court is set to hear oral argument on the parties summary judgment applications.
Following the Court’s summary judgment determinations, the parties may be required to submit and have reviewed revised copies of their pre-trial papers, such as new or amended pretrial orders, witness lists, exhibit lists, deposition designations, findings of fact, and conclusions of law.
Any summary judgment result would leave just nineteen days until the trial, so the additional evidence would have to be submitted during that time.
Accordingly, the FTC asks for a short extension to ease scheduling worries brought on by the recent delays, but no more than necessary.
The judge didn’t seem to care and continued with the trial.
The bench trial in this matter is set to commence at noon on October 17, 2022, and will continue as per the trial schedule appended hereto.
Time allotted for opening remarks, direct and cross-examination, and closing arguments will total 20 hours for each side.
In a lawsuit filed in 2019, the FTC claims that Neora (previously Nerium) is a pyramid scam.
The FTC goes into the trial with the knowledge that, even if they win, neither Neora nor its owner, Jeff Olsen (right), will be obligated to compensate the victims.
Since this is unknown legal ground, I believe the FTC’s best case scenario is a successful injunction. Since this is the case, Neora will be compelled to end its pyramid scheme activities.
Vemma’s agreement with the FTC followed the same terms. Vemma as a company never recovered from its days as a pyramid scam.
If Neora, however, were to win the case, it would be allowed to continue harming customers.
The FTC claims that retail sales account for less than 1 percent of Neora’s total income. The authority also claims that more than 95% of Neora distributors suffer monthly losses.
Because of a business strategy centered on auto-ship recruiting of distributors, as discussed in this BehindMLM review.
There may yet be hope for a settlement, despite the many years that have passed with little progress toward a resolution. The matter was sent back to mediation on August 9 by the court.