The defendants in the Success By Health case voluntarily withdrew their appeal of the injunction.
No explanation for the withdrawal was provided, and the case docket just shows that it was approved on December 14.
On October 6, Jay Noland and the other defendants in the Success By Health case submitted their appeal to the Ninth Circuit.
A ruling from September 23rd, which denied the defendant’s petition to dissolve the granted preliminary injunction, was the subject of the appeal.
Future scheduling is a point of contention between the parties.
Noland the SBH defendants contend that the FTC has broken several FRCP rules, among other reasons. Therefore, postponing the start of the trial is not necessary.
On December 22, the FTC responded, labeling the arguments put forth by the SBH defendant as “a grab bag of problems irrelevant to trial scheduling.”
The scheduling conflict has not yet been resolved.