Temporary Restraining Order — My Doctor Suggests LLC (D. Utah)

Summary

A Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should Not Issue in United States of America v. My Doctor Suggests LLC (d/b/a My Health Supplier), GP Silver LLC and Gordon Pedersen, Case No. 2:20-cv-00279 DBB, in the U.S. District Court for the District of Utah, filed April 28, 2020 as Document 8 and entered by Judge David Barlow. The court grants the government's ex parte motion under 18 U.S.C. § 1345, finding good cause to believe the defendants violated 18 U.S.C. § 1341 and 18 U.S.C. § 1343. It bars the defendants from selling or distributing silver products, including any represented as treating or preventing COVID-19, and orders removal of sales listings and a sworn accounting of silver product proceeds since January 30, 2020. It sets a show-cause hearing and provides that the order expires in fourteen (14) days unless extended.

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Cite this document

“Temporary Restraining Order — My Doctor Suggests LLC (D. Utah).” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/court-filing-no-2-20-cv-00279-dkt-8-5e58c75bf2/, SHA-256 42b09491521feff6a7ec1d2edd0963affffddb52f985a3e40fe589bb4186b256.

Full text

Case 2:20-cv-00279-DBB-CMR Document 8 Filed 04/28/20 PageID.<pageID> Page 1 of 6

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF UTAH

UNITED STATES OF AMERICA,
TEMPORARY RESTRAINING
Plaintiff, ORDER AND ORDER TO SHOW
CAUSE WHY A PRELIMINARY
v. INJUNCTION SHOULD NOT
ISSUE
MY DOCTOR SUGGESTS LLC (d/b/a
My Health Supplier), a Utah corporation, Case No. 2:20-cv-00279 DBB
GP SILVER LLC, a Utah corporation and
GORDON PEDERSEN, an individual,
Judge David Barlow
Defendants.

This matter comes before the court on the United States’ Motion for an Ex Parte

Temporary Restraining Order and Order to Show Cause Why a Preliminary Injunction Should

Not Issue (“Motion”) to restrain Defendants MY DOCTOR SUGGESTS LLC (d/b/a My Health

Supplier), GP SILVER LLC, and GORDON PEDERSEN from engaging in ongoing violations

of the federal criminal laws. The court has considered the United States’ Motion and

Memorandum in Support, the exhibits filed therewith, and the supporting declaration and

documentation, together with the argument of counsel. Based upon the foregoing, the court

makes the following findings:

1. This court has jurisdiction over the subject matter of this case, there is good cause

to believe that it will have jurisdiction over all the parties hereto, and venue in this district is

proper.

2. There is good cause to believe that Defendants have violated and are likely to

continue engaging in acts or practices that violate 18 U.S.C. § 1341 (mail fraud) and 18 U.S.C. §
Case 2:20-cv-00279-DBB-CMR Document 8 Filed 04/28/20 PageID.<pageID> Page 2 of 6

1343 (wire fraud) and that the United States is therefore likely to prevail on the merits of this

action.

3. There is good cause to believe that immediate and irreparable harm will result

from Defendants’ ongoing violations of 18 U.S.C. § 1341 (mail fraud) and 18 U.S.C. § 1343

(wire fraud) unless Defendants are restrained and enjoined by order of this court.

4. There is good cause to believe that the harm to Defendants’ business during the

pendency of the TRO is greatly outweighed by the threat to the health and safety of individuals

relying on Defendants’ products and the representations regarding those products and to the

public generally.

5. Injunctive relief to protect the public interest is expressly authorized by 18 U.S.C.

§ 1345. The public’s interest in receiving accurate medical information, in health-related

advertising that is not false, and in health and safety are all supported by this TRO.

6. Pursuant to Federal Rule of Civil Procedure 65(b), the United States has

demonstrated that immediate and irreparable injury, loss, or damage will result if notice is given

to the Defendants prior to entering this order.

7. No security is required of any agency of the United States for issuance of a

temporary restraining order. Fed. R. Civ. P. 65(c).

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Case 2:20-cv-00279-DBB-CMR Document 8 Filed 04/28/20 PageID.<pageID> Page 3 of 6

THEREFORE, IT IS HEREBY ORDERED:

The United States’ Motion for an Ex Parte Temporary Restraining Order and Order to

Show Cause Why a Preliminary Injunction Should Not Issue pursuant to 18 U.S.C. § 1345 is

GRANTED.

II.

Defendants, and any person or entity acting at the direction of or on behalf of either or

any of them, are prohibited from destroying, altering, or concealing any documents, books, and

records that are in the possession, custody, or control of Defendants, their respective agents,

servants, employees, and attorneys, and those persons in active concert or participation with

them, including documents that concern the allegations in the Complaint or Defendants’ assets,

finances, or business operations.

III.

Defendants, their agents, officers and employees, and all other persons and entities in

active concert or participation with them are prohibited from:

i. committing mail fraud, as defined by 18 U.S.C. § 1341;

ii. committing wire fraud, as defined by 18 U.S.C. § 1343;

iii. using interstate telephone calls, mail or private interstate carrier, or

electronic communications, including wire, radio, television and internet

publication to:

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Case 2:20-cv-00279-DBB-CMR Document 8 Filed 04/28/20 PageID.<pageID> Page 4 of 6

1. Sell or distribute silver products, including without limitation,

silver products sold on behalf of Gordon Pedersen, My Doctor

Suggests LLC or GP Silver LLC in interstate commerce;

2. Sell or distribute any silver product that represents, directly or

indirectly, expressly or impliedly that it is intended for use in the

diagnosis, cure, mitigation, treatment, or prevention of any disease,

including, without limitation, products that are intended for use in

the diagnosis, cure, mitigation, treatment or prevention of COVID-

19.

IV.

Defendants, their agents, officers, and employees, and all other persons and entities in

active concert or participation with them are FURTHER ORDERED to immediately remove any

active sales listings for My Doctor Suggests silver products, wherever those listings may appear,

including without limitation, on the Defendants’ own website (MyDoctorSuggestsStore.com), as

well as on third party websites such as Amazon and Shopify.

Within ten business days of the service of this order, Defendants shall file with this court

and serve on the Plaintiff, United States, a sworn accounting of:

a. The proceeds from any silver products sold from January 30, 2020 to present;

b. The disposition and current location of all customer funds received through

the sale of silver products from January 30, 2020 to present, and

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Case 2:20-cv-00279-DBB-CMR Document 8 Filed 04/28/20 PageID.<pageID> Page 5 of 6

c. Every transaction in which any funds or other assets of any kind have been

transferred from Defendants since January 30, 2020.

VI.

This court shall retain jurisdiction over this action for the purposes of implementing and

carrying out the terms of all orders and decrees which may be entered herein and to entertain any

suitable application or motion for additional relief within the jurisdiction of this Court.

VII.

IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), Defendants shall

appear before this court on Tuesday the 12th of May, 2020 at 10:00 AM (MDT) by

teleconference, to show cause, if there is any, why this court should not enter a preliminary

injunction, pending final ruling on the Complaint against the Defendant, enjoining the violations

of the law alleged in the Complaint, continuing the freeze of Assets, and imposing such

additional relief as may be appropriate. Defendants shall contact the court by e-mail at

utdecf_barlow@utd.uscourts.gov to request instructions about how to appear at the hearing

telephonically.

IT IS FURTHER ORDERED that the Defendants shall file with the court and serve on

Plaintiff’s counsel any responsive pleadings, affidavits, motions, expert reports or declarations,

or legal memoranda no later than Wednesday, May 6, 2020 by 4:00 PM. Plaintiff may file a

reply or supplemental pleadings, materials, affidavits, or memoranda with the court and serve the

same on Defendants or Defendant’s counsel no later than Friday, May 8, 2020 at 4:00 PM.

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IT IS FURTHER ORDERED that this Order shall expire fourteen (14) days from the

date of entry noted below, unless within such time, the Order is extended for an additional period

pursuant to Fed. R. Civ. P. 65(b)(2).

IT IS FURTHER ORDERED that this Order and the Order Freezing Assets must be

served upon the Defendants on April 28, 2020.

DATED this 28th day of April, 2020.

BY THE COURT:

___________________________________
DAVID BARLOW
UNITED STATES DISTRICT JUDGE

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File and source

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Our copy: 8-temporary-restraining-order-and-order-to-show-cause-the-inju.pdf
Original: www.govinfo.gov