Federal Trade Commission v. Inc21.com Corporation et al

Filing 233

ORDER GRANTING APPLICATION FOR WRIT re 231 Application for Writ, filed by Federal Trade Commission. Signed by Judge Alsup on September 4, 2012. (whalc1, COURT STAFF) (Filed on 9/4/2012)

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Douglas V. Wolfe
Sandhya P. Brown
600 Pennsylvania Avenue, NW
Mailstop M-8102B
Washington, DC 20580
Telephone: [phone], -2040
Fax: [phone]
Email: [e-mail], [e-mail]

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Local Counsel
Kerry O’Brien (CSBN 149264)
901 Market Street, Suite 570
San Francisco, CA 94103
Telephone: [phone]
Fax: [phone]
Email: [e-mail]

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Attorneys for Plaintiff
Federal Trade Commission
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
San Francisco Division

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FEDERAL TRADE COMMISSION,

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Plaintiff,

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v.

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INC21.com CORPORATION, et. al.,

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Defendants.

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and

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KERRY KRISHER, LIQUIDATING
TRUSTEE,

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Garnishee.

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Case No. CV 10-00022 WHA

[Proposed]
ORDER GRANTING
APPLICATION FOR WRIT
OF CONTINUING
GARNISHMENT

Upon consideration of the Federal Trade Commission’s (“FTC”) Application for Writ of
Continuing Garnishment and for good cause shown,
IT IS HEREBY ORDERED that the FTC’s Application for Writ of Continuing
Garnishment is granted.
IT IS FURTHER ORDERED that the Clerk of the Court shall issue a Writ of Continuing

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CASE NO. CV 10-00022 W HA
ORDER GRANTING W RIT OF CONTINUING GARNISHMENT

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Garnishment to Kerry Krisher, Liquidating Trustee in the case styled as In re Old T.B.R,

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Incorporated, f/k/a The Billing Resource, dba Integretel, Case No. 07-52890 (Bankr. N.D. Cal.)

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(“Bankruptcy Case”), as Garnishee, for the purposes of garnishing property in which defendant

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Inc21.com Corporation has a substantial nonexempt interest, in order to satisfy the judgment

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entered in the above captioned-case.

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IT IS FURTHER ORDERED that nothing in this Order, the Writ of Continuing

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Garnishment, or the Order of Disposition shall interfere with the Liquidating Trustee’s

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administration of the Liquidating Trust in accordance with the Liquidating Trust Agreement

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(Bankruptcy Case Dkt. No. 1109-1) and confirmed Debtor’s Third Amended Joint Chapter 11

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Plan of Reorganization (Bankruptcy Case Dkt. No. 1099), or otherwise require the Liquidating

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Trustee to make distributions other than to the same extent and with the same priority that

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Inc21.com Corporation would otherwise be entitled in the Bankruptcy Case.

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Date: September 4, 2012.
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______________________
UNITEDAlsup
William STATES DISTRICT JUDGE
United States District Judge

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CASE NO. CV 10-00022 W HA
ORDER GRANTING W RIT OF CONTINUING GARNISHMENT

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