Federal Trade Commission v. Burnlounge Inc et al

Filing 573

AMENDMENT TO FINAL JUDGMENT (#474) by Judge George H. Wu, Related to: Judgment, 474 1. The Amended Final Judgment (Docket No. 474), which is attached asAttachment A, shall remain in full force and effect, except as expressly superseded, altered, or modified herein 2. Page 8, lines 5-7 of the Amended Final Judgment is modified so that the number sixteen million two hundred forty-five thousand seven hundred ninetyninedollars and seventy cents ($16,245,799.70) is deleted and, in its place ,replaced with sixteen million two hundred forty six thousand nine hundred andfifteen dollars and seventy five cents ($16,246,915.75) as the amount of themonetary award as against Defendants BurnLounge and Arnold, jointly andseverally.3. Page 9, lines 2-3 of the Amended Final Judgment is modified so that thenumber one hundred fifty thousand dollars ($150,000.00) is deleted and, in itsplace, replaced with nine hundred and eight thousand two hundred and sixty threedollars and fifty cents ($908,263.50) as the amount of the monetary award asagainst Defendant DeBoer. (pj) (Additional attachment(s) added on 10/22/2014: # 1 Amended Order) (jag).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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FEDERAL TRADE COMMISSION, )
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Plaintiff,
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vs.
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BURNLOUNGE, INC., a
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corporation: JUAN ALEXANDER )
ARNOLD, an individual; JOHN
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TAYLOR, an individual; ROB
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DEBOER, an individual; and SCOTT )
ELLIOTT, an individual,
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Defendants.
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Case No. CV 07-3654-GW
AMENDMENT TO FINAL
JUDGMENT (#474)

On March 1, 2012, this Court entered its “Amended Final Judgment”

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(Docket No. 474) (the “Amended Final Judgment”), which such Amended Final

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Judgment was appealed to the United States Court of Appeals for the Ninth Circuit;

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On June 2, 2014, the Ninth Circuit issued an unpublished memorandum

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opinion in which, inter alia, certain issues were remanded to this Court for further

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consideration (the “Remanded Issues”) (Docket No. 555, at pp. 28-35);

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This Court, after considering the parties’ respective positions and contentions

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regarding the Remanded Issues, entered an Order dated September 22, 2014

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(Docket No. 567) (the “Order on Remanded Issues”);

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[PROPOSED] AMENDMENT TO FINAL JUDGMENT

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Based on the record established in this matter and for reasons set forth in the

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Order on Remanded Issues, it is hereby ORDERED, ADJUDGED AND

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DECREED, as follows:

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1. The Amended Final Judgment (Docket No. 474), which is attached as

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Attachment A, shall remain in full force and effect, except as expressly superseded,

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altered, or modified herein.

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2. Page 8, lines 5-7 of the Amended Final Judgment is modified so that the

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number “sixteen million two hundred forty-five thousand seven hundred ninety-

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nine dollars and seventy cents ($16,245,799.70)” is deleted and, in its place,

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replaced with “sixteen million two hundred forty six thousand nine hundred and

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fifteen dollars and seventy five cents ($16,246,915.75)” as the amount of the

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monetary award as against Defendants BurnLounge and Arnold, jointly and

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severally.

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3. Page 9, lines 2-3 of the Amended Final Judgment is modified so that the

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number “one hundred fifty thousand dollars ($150,000.00)” is deleted and, in its

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place, replaced with “nine hundred and eight thousand two hundred and sixty three

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dollars and fifty cents ($908,263.50)” as the amount of the monetary award as

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against Defendant DeBoer.

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DATED: October 21, 2014

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Hon. George H. Wu
United States District Judge

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[PROPOSED] AMENDMENT TO FINAL JUDGMENT

2.