The Success By Health defendants have voluntarily withdrawn their injunction appeal.

No reason for the withdrawal was given, with the case docket only recording withdrawal was granted on December 14th.

Jay Noland and the rest of the Success By Health defendants filed their Ninth Circuit appeal on October 6th.

The appeal sought to overturn a September 23rd order, denying the defendant’s’ motion to dissolve the granted preliminary injunction.

Looking forward, the parties are in disagreement with respect to scheduling.

Among other things, Noland the SBH defendants argue the FTC has not complied with various FRCP rules. Thus a delay in scheduling a trial is not warranted.

The FTC filed its response on December 22nd, dismissing the SBH defendant’s arguments as “a grab bag of issues unrelated to trial scheduling”.

A decision on the scheduling dispute remains pending.