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1 Case 2:15-cv JJT Document 249 Filed 07/15/16 Page 1 of Keith Beauchamp (012434) Marvin C. Ruth (024220) COPPERSMITH BROCKELMAN PLC 2800 North Central Avenue, Suite 1200 Phoenix, Arizona T: (602) F: (602) kbeauchamp@cblawyers.com mruth@cblawyers.com Attorneys for Defendant Tom Alkazin and Relief Defendant Bethany Alkazin UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Federal Trade Commission, Plaintiff, v. Vemma Nutrition Company, et al., Defendants. ) ) ) ) ) ) ) ) No. CV PHX-JJT DECLARATION OF MARVIN RUTH IN SUPPORT OF TOM ALKAZIN S RESPONSE TO FTC S MOTION TO CLARIFY OR RECONSIDER PRELIMINARY INJUNCTION AS TO DEFENDANT TOM ALKAZIN I, Marvin Ruth, declare under penalty of perjury as follows: 1. I am over 21 years of age and I am a resident of the State of Arizona. 2. I am an attorney with the law firm of Coppersmith Brockelman, PLC. I represent Tom and Bethany Alkazin in the above-captioned proceeding. I make this declaration based on my personal knowledge of the facts or review of the pertinent records. 3. Attached hereto as Exhibits 1-5 are true and correct copies of business records produced by Vemma Nutrition Company during discovery in this matter. 4. Exhibit 1 is a compilation of internal Vemma s from December 20, 2014 through April 20, 2015 regarding the development of Vemma s Two & Go program, none of which involve Mr. Alkazin. 5. Exhibit 2 is a compilation of s from April 24, 2015 through May 1, 2015 wherein various affiliates other than Mr. Alkazin provide Vemma with feedback on the Two & Go program. { }
2 Case 2:15-cv JJT Document 249 Filed 07/15/16 Page 2 of Exhibit 3 (VEMMA009907) is document signed by Vemma s former General Counsel, Chris Reid, stating that he had reviewed and approved, with corrections, Proof #5 of the Two & Go brochure. The redacted attachments have been removed. 7. Exhibit 4 is a (VEMMA009937) is a document signed by Vemma s former General Counsel, Chris Reid, as well as Vemma s former head of the Compliance Department and Vice President of Legal Affairs, Allison Tengan, stating that they had reviewed and approved, with corrections, Proof #2 of the Two & Go brochure. The redacted attachments have been removed. 8. Exhibit 5 (VEMMA009947) is document signed by Vemma s former General Counsel, Chris Reid, stating that he had reviewed Proof #1 of the Two & Go brochure and noted that it required corrections. The redacted attachments have been removed. 9. At the Court s request, we will provide the Court with copies of any of the redacted attachments. Respectfully submitted this 15th day of July, s/ Marvin Ruth Marvin Ruth { } 2
3 Case 2:15-cv JJT Document 249 Filed 07/15/16 Page 3 of CERTIFICATE OF SERVICE I hereby certify that on July 15, 2016, I electronically transmitted the attached document to the Clerk s Office using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to all CM/ECF registrants. s/ Sheri McAlister { } 3
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