) PERMANENT INJUNCTION AND OTHER ) EQUITABLE RELIEF )



Similar documents
Case 1:11-cv RBJ-KLM Document 285 Filed 07/29/13 USDC Colorado Page 1 of 9 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF MASSACHUSETTS EASTERN DIVISION

I Plaintiff, Civil Action No. 106 cd 503

ORDERED, ADJUDGED AND DECREED,


UNITED STATES DISTRICT COURT DISTRICT OF UTAH, CENTRAL DIVISION CONSENT DECREE. WHEREAS: Plaintiff, the United States of America, has

IN THE SUPERIOR COURT OF THE ST ATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Page 1 of 8

UNITED STATES BANKRUPTCY COURT EASTERN DISTRICT OF VIRGINIA Alexandria Division NOTICE OF MOTION

IN THE DISTRICT COURT OF THE SECOND JUDICIAL DISTRICT COUNTY OF WEBER, STATE OF UTAH

Case 1:15-cv WSD Document 3 Filed 06/04/15 Page 1 of 13 UNITED STATES DISTRICT' COURT NORTHERN DISTRICT OF GEORGIA. Case No. I: IS ~c.

How To Get A Court Order To Stop A Man From Selling A Car To A Woman

Case4:13-cv SBA Document40 Filed10/14/14 Page1 of 11

APPENDIX A IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS

UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

individually and as an officer of Safety Cell, pursuant to Section 13(b) of the Federal Trade

CAUSE NO. STATE OF TEXAS, IN THE DISTRICT COURT OF Plaintiff LIFESTREAM PURIFICATION SYSTEMS, LLC. DALLAS COUNTY, T E X A S

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION

Case BHL-11 Doc 416 Filed 03/31/11 EOD 03/31/11 15:52:22 Pg 1 of 12 SO ORDERED: March 31, 2011.

Case 3:14-cv H-JMA Document 1 Filed 03/24/14 Page 1 of 11. UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.

Prepared by: Hon. Duncan W. Keir, Judge U.S. Bankruptcy Court for the District of Maryland. and. Richard L. Wasserman, Esq.

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA ) ) ) ) ) ) ) ) ) )

SCREEN SPECIALISTS and RICHARD REUSCH, individually, stipulate that the ultrasound. are prescription devices as cleared for marketing by the

Appeal Bonds, Sureties, and Stays

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ALASKA

How To Get The Lesser Prairie Chicken To Live Outside Of The Coon Line

Case: EEB Doc#:9 Filed:12/03/14 Entered:12/03/14 15:52:25 Page1 of 6 UNITED STATES BANKRUPTCY COURT DISTRICT OF COLORADO

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) CONSENT JUDGMENT

READ THIS NOTICE CAREFULLY

Case 2:02-cv TS Document 602 Filed 06/19/14 Page 1 of 7 UNITED STATES DISTRICT COURT DISTRICT OF UTAH ) ) ) ) ) ) ) ) ) )

UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION

Case 2:15-cv Document 1 Filed 10/21/15 Page 1 of 11 UNITED STATES DISTRICT COURT DISTRICT OF KANSAS KANSAS CITY-LEAVENWORTH DIVISION

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO

Case 1:12-cv RLY-MJD Document 19 Filed 03/04/13 Page 1 of 5 PageID #: 82 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS

Case4:14-cv JSW Document38-1 Filed01/21/15 Page1 of 13

smb Doc 13 Filed 07/21/15 Entered 07/21/15 15:12:40 Main Document Pg 1 of 5 ORDER GRANTING PROVISIONAL RELIEF

Case 3:06-cv MJR-DGW Document 526 Filed 07/20/15 Page 1 of 8 Page ID #13631 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS

Case 1:14-cv ERK-JMA Document 1-1 Filed 02/27/14 Page 1 of 2 PageID #: 6 CIVIL COVER SHEET (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.

Case 1:12-cv DME Document 1 Filed 06/01/12 USDC Colorado Page 1 of 5

UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF CALIFORNIA

United States District Court Southern District of Florida. Case No. -Civ- -

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS AUSTIN DIVISION

IN THE UNITED STATED BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TEXAS SHERMAN DIVISION. Debtors. (Jointly Administered)

Case 2:13-cv ES-JAD Document Filed 12/09/15 Page 1 of 18 PageID: 4861 THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY

Case led Doc 174 Entered 06/11/15 13:54:46 Page 1 of 7

Case 1:10-cv KMM Document 20 Entered on FLSD Docket 01/20/2011 Page 1 of 9

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.:

GUIDELINES FOR PETITION PREPARERS IN THE DISTRICT OF NEVADA

Case 3:11-cv RCJ-WGC Document 96 Filed 12/18/14 Page 1 of 9 UNITED STATES DISTRICT COURT DISTRICT OF NEVADA

Case 2:06-cv JF-SDP Document 69 Filed 02/25/2008 Page 1 of 15

Notice of Formation Solicitation for Official Committee of Student Creditors

UNITED STATES DISTRICT COURT DISTRICT OF OREGON ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Case 2:11-cv GMS Document 1 Filed 12/21/11 Page 1 of 11

Errors and Omissions Insurance. 1.0 Introduction and Definition

Notice of Requirements for Chapter 11 Debtors in Possession ( Notice of Requirements )

Case 0:15-cv WJZ Document 6-2 Entered on FLSD Docket 03/03/2015 Page 1 of 21

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORIGIA-~~T ~:J,-~T,>cURT SAVANNAH DIVISION j Ga. NATURE OF THE ACTION

THIS SETTLEMENT AGREEMENT (the Agreement ) is entered into by the States

Case 1:11-cv SM Document 16 Filed 12/16/11 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

SONIX MEDICAL RESOURCES, INC. et al Chapter 11

UNITED STATES OF AMERICA DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OFFICE OF ADMINISTRATIVE LAW JUDGES

UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF NORTH CAROLINA WINSTON-SALEM DIVISION

Case 6:13-cv LRR Document 147 Filed 02/04/15 Page 1 of 9

Case Document 126 Filed in TXSB on 10/09/15 Page 1 of 5

IN THE CIRCUIT COURT OF THE FIRST CIRCUIT STATE OF HAWAII

COMMONWEALTH OF MASSACHUSETTS JUVENILE COURT DEPARTMENT JUVENILE COURT RULES

Case3:12-cv CRB Document265 Filed07/20/15 Page2 of 12

rdd Doc 1181 Filed 08/10/15 Entered 08/10/15 11:09:58 Main Document Pg 1 of 7

Bishop Paiute Tribe Bishop Paiute Reservation. Tribal Small Claims Ordinance. No.T June 28,2012

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

Case 1:04-cv JD Document 110 Filed 03/22/2006 Page 1 of 19

Case 2:14-cv Document 2 Filed 09/15/14 Page 1 of 9 IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF ARIZONA MOTION

UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION

Case5:15-cv HRL Document1 Filed08/12/15 Page1 of 10

Case AJC Document 1 Filed 03/01/2008 Page 1 of 12 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF FLORIDA MIAMI DIVISION

SETTLEMENT AGREEMENT. Whereas this civil forfeiture action (the "California Action") was filed on

SUPREME COURT OF PENNSYLVANIA DOMESTIC RELATIONS PROCEDURAL RULES COMMITTEE RECOMMENDATION 140

IN THE UNITED STATES BANKRUPTCY COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

UNITED STATES OF AMERICA FEDERAL TRADE COMMISSION

CONSENT OF DEFENDANT PAUL W. JENNINGS

Case jal Doc 14 Filed 11/20/15 Entered 11/20/15 15:20:55 Page 1 of 5 UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF KENTUCKY

Case: 1:12-cv Document #: 320 Filed: 04/16/14 Page 1 of 5 PageID #:2754 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS

Loan Agreement (Short Form)

Case 8:11-ap KRM Doc 14 Filed 05/20/11 Page 1 of 7 UNITED STATES BANKRUPTCY COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

Case 1:07-cv RPM Document 1 Filed 03/20/2007 Page 1 of 13 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

Case 1:11-cv REB Document 1 Filed 05/19/11 USDC Colorado Page 1 of 5 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA. Case No: Defendants, Steven Lecy and the City of Minneapolis, through their

ORDER APPROVING SETTLEMENT AND ORDER OF DISMISSAL WITH PREJUDICE

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA RICHMOND DIVISION

F.S.B. v. Equity Title of Nevada; Case No.2: 12-cv ("Action''). The Settling Defendant

FOR SHARING LAW ENFORCEMENT INFORMATION

) CIVIL NO. v. ) WORLD CLASS NETWORK, INC., ) a Nevada corporation; ) COMPLAINT FOR ) RELIEF. DANIEL R. DIMACALE, an individual; )

UNITED STATES BUREAU OF RECLAMATION; and DIRK KEMPTHORNE, in his official capacity as Secretary of the Department of the Interior,

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

JUSTICE COURT # 2 GRAHAM COUNTY STATE OF ARIZONA P.O. BOX 1159, 136 WEST CENTER STREET, PIMA AZ PHONE (928) FAX (928)

Case 3:08-cr PJH Document 10 Filed 05/14/2008 Page 1 of 6

Transcription:

1 WLLAM BLUMENTHAL General Counsel 6 BLADGT. WELSH Assistant United States Attorney 7 BarNo. 4790 333 Las Vegas Blvd, South, Suite 5000 8 Las Vegas, NV 89101 Phone (702) 388-63361 Fax (702) 388-6787 9 Attorneys for Plaintiff Federal Trade Commission 10 11 UNTED STATES DSTRCT COURT DSTRCT OF NEVADA 14 FEDERAZ. TRADE COMMSSON, 15 Plaintiff, 16 v. 17 18 NATONAL AUDT DEFENSE NETWORK, NC., et al. Defendants. ) CV-S-02-013 1-LDG (PAL) 1 ) STPULATED FNAL JUDGMENT FOR ) PERMANENT NJUNCTON AND OTHER ) EQUTABLE RELEF ) 1 20 21 Plaintiff, the Federal Trade Commission ("FTC" or LLCommission"), filed its complaint for 22 permanent injunction,and other relief pursuant to Sections 13@) and 19 of the Federal Trade 23 CommissionAct ('FTC Acf'), 15 U.S.C. 55 53(b) and 57b, and the Tmthn Lending Act ("TLA"), j ' 24 15 U.S.C. $5 1601et seq., charging defendant National Audit Defense Network, nc. ('NADN"), 25 with violating Section 5 of the FTC Act, 15 U.S.C. 5 45, Section 166 of the TLA, 15 U.S.C. 26 5 1666(e), and Section 226.12(e) of Regulation 2, 12 C.F.R. 5 226.12(e). 27 Plaintiff FTC anddefendant NADN, by and through its Chapter 7 b&aptcy trustee ' 28 William A. Leonard, Jr. ("the Chapter 7 Trustee?), have agreed to the entry of this Stipaated Final ::ODMA\PCDOCS\PCDOCS\~~~~~~\~., -1-

Judgment and Order for Permanent njunction ("Order") by this Court to resolve all matters of dispute between them in this action. NOW, THEREFORE, Plaintiff Federal Trade Commission and Defendant National Audit Defense Networlc, nc., by and through the Chapter 7 Trustee, having requested the Court to enter this Order, T S HEREBY ORDERED, ADJUDGED AND DECREED as follows: FNDNGS 1. This Court has jurisdiction over the subject matter and the parties. 2. Venue is proper as to all parties in the District of Nevada. 3. The activities of Defendants are in or affecting commerce, as defined in the FTC Act, 15 U.S.C. 5 44.. 4. The Complaint states a claim upon which relief may be granted against Defendant NADN under $8 5(a)(l), 13(b), and 19 of the FTC Act, 15 U.S.C. 55 45(a)(l), 53@), and 57b; and under the TLA, 15 U.S.C. 1601 et seq. 5. On June 11,2003, Defendant National Audit Defense Networlc, nc. filed a voluntary.... petition for relief under Chapter 11 of the Banlauptcy Code, 11 U.S.C. 55 101 el seq., & the United.. States ~ anlau~tc~ C& for the District of Nevada, Case No. BK-S-03-17306-BAM. On May.27, 2004, the debtor's case was converted to one under Chapter 7. ~illiarn~. Leonard, Jr., was appointed the Chapter 7 trustee for Defendant'National Audit Defense Networlc, nc. The Commission's action against Defendant NADN, including.the enforcement of a judgment other than a money judgment obtained in this action, is not stayed by 11 U.S.C. 5 362(a)(1), (2), (3) or (6) because it is an exercise of the Commission's police or regulatory power as a governmental unit pursuant to 11 U.S.C. 5 362(b)(4) and thus falls within an exception to the automatic stay. 6. Defendant NADN has waived any and all rights that may arise under the Equal Access to Justice Act, 28 U.S.C. 5 2412, amendedbvpub. L. 104-121, 110 Stat. 847,863-64 (1996). 7. This Order is in addition to, and not in lieu of, any other civil or criminal remedies that may be provided by law.

8. Plaintiff and Defendant NADN waive all rights to seelc appellate review or otherwise 1) challenge or contest the validity of this Order. Defendant NADN further waives and releases any claim it may have against the Commission, its employees, agents, and representatives. 1 / 9 Entry of this Order is in the public interest.. CESSATON OF BUSNESS ACTVTES T S THEREFORE ORDERED that Defendant NADN shall not engage in any business and William A. Leonard, Jr., as the Chapter 7 Trustee, shall not seek authority to operate the business of Defendant National Audit Defense Network, nc. pursuant to Section 721 of the Banlauptcy Code, 11U.S.C. 5 721, or otherwise. 11. CUSTOMER LSTS T S FURTHER ORDERED that the Defendant NADN, by and through the Chapter 7 ( Tmstee, shall provide notice to the Commission of any intended sale, hansfer, or other disposition of any NADN customer list database, or any part thereof, sufficiently in advance of such disposition as to enable the Conimissioito register any objection it has to such disposition. The Commission.' specifically reserves its right to object to any disposition of such database. m. ACKNOWLEDGMENT OF RECEPT OF ORDER 1 T S FURTEER ORDERED that.the Chapter 7 Trustee, within five (5) business days of 1 / 1 receipt of this Order as enkered by the Court, must sublnit to the Commission a truthfid sworn statement aclcnowledging receipt of this Order. V. WTHDRAWAL OF FTC'S PROOF OF CLAlM T S FURTHER ORDERED that, within ten (10) business days of receipt of this Order as 1) entered by the Court, the FTC shall withdraw its proof of claim filed in Defendant NADN's Chapter 11 7 liquidation case on December 4,2003, and assigned claim number 149, and will not participate in any distribution in the case.

RETENTON OF JURSDCTON T S FURTHER ORDERED that this Court will retain jurisdiction of this matter for all purposes, including the construction, modification; and enforcement of this Order. T S SO ORDERED:. UNTED STATES DSTRCT JUDGE FOR DEKENDANT NATONAL AUDT DEFENSE NETWORK, NC. /()i_oo William A. Leonard. Jr. Chapter 7 Trustee fir National Audit Defense Networlc, nc. FOR THE FEDERAL TRADE COMMSSON Dated: Z/J S/O6 M. Steiner, Jr. ederal Trade Commission 901 Market St., Suite 570 San Francisco. CA 94103 415-848-5106(ph.); 415-848-5 184 (fax) Blaine T. Welsh Assistant United States Attorney 333 Las Vegas Blvd., South, Suite 5000 Las Vegas, NV 89101 702-388-6336 (ph.), 702-388-6787 (fax)

CERTFCATE OF SERVCE hereby certify that on this 25th day of August, 2006, a true and correct copy of Stipulated Final Judgment for Permanent njunction and Other Equitable Relief has been served on the defendants in this action by causing it to be sent by United States mail, postage prepaid, to: James P. Hill, Esq. Fred D. Gibson, 111, Esq. Sullivan, Hill, Lewin, Rez & Engle Lionel, Sawyer & Collins 550 W. C Street, Suite 1500 300 S. Fourth St. San Diego, CA 92101 Las Vegas, NV 89101 Weston J. Coolidge 10716 Jubilee Mountain Ave. Las Vegas, NV 89129 Page 1