Office of the Attorney General et al v. Berger Law Group, P.A. et al

Filing 51

PRELIMINARY INJUNCTION AS TO DEFENDANTS LITIGATION LAW, LLC, THE RESOLUTION LAW GROUP, P.C., AND THE RESOLUTION LAW CENTER, LLC. (See Order for details.) Signed by Judge James S. Moody, Jr on 9/24/2014. (LN)

IN THE UNITED STATES DISTRICT COURT FOR
THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
OFFICE OF THE ATTORNEY GENERAL,
THE STATE OF FLORIDA,
Department of Legal Affairs; and
THE STATE OF CONNECTICUT,
Office of the Attorney General,
Plaintiffs,
v.

CASE No. 8:14-cv-1825-T-30MAP

BERGER LAW GROUP, P.A., a Florida
professional association; IAN BERGER, an individual;
LITIGATION LAW, LLC, a Florida limited liability
company; GARY DIGIROLAMO, an individual;
THE RESOLUTION LAW GROUP, P.C.,
a Connecticut professional corporation;
R. GEOFFREY BRODERICK, an individual;
THE RESOLUTION LAW CENTER, LLC,
a Florida limited liability company; DAVID
FRIEDMAN, an individual; STEPHEN R.
KOPOLOW, P.C., a Nevada professional corporation;
STEPHEN KOPOLOW, an individual; ONISAK, LLC,
a Nevada limited liability company; REMARQUE
HOLDINGS, LLC, a Nevada limited liability company;
PHILIP KRAMER a/k/a “BILL GOODMAN,”
an individual; and CHRISTOPHER WRIGHT FOX
a/k/a “KIT WRIGHT,” an individual,
Defendants.
/
PRELIMINARY INJUNCTION AS TO DEFENDANTS LITIGATION LAW, LLC, THE
RESOLUTION LAW GROUP, P.C., AND THE RESOLUTION LAW CENTER, LLC
THIS CAUSE came on for consideration upon Plaintiffs’ Motion for Ex Parte Temporary
Restraining Order with Asset Freeze and Other Equitable Relief and Order to Show Cause Why a
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Preliminary Injunction Should Not Issue (“Motion”) (Dkt. # 6), the Report and Recommendation
submitted by Magistrate Judge Mark A. Pizzo (Dkt. # 45), and this Court’s September 15, 2014
Order (Dkt. # 48). The Court, having reviewed the Motion and all related filings, and being
otherwise fully advised in the premises, finds that this Preliminary Injunction as to Defendants
Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution Law Center, LLC,
shall be entered.
On July 29, 2014, Plaintiffs, the State of Florida and the State of Connecticut, filed a
complaint (Dkt. # 1) pursuant to (1) Section 1055 of the Consumer Financial Protection Act of
2010, 12 U.S.C. § 5565; (2) Section 626 of the Omnibus Appropriations Act of 2009, as amended
by Section 1097 of the CFPA, 12 U.S.C. § 5538, and the Mortgage Assistance Relief Services
Rule, 12 C.F.R. Part 1015 (“Regulation O”); (3) the Florida Deceptive and Unfair Trade Practices
Act (“FDUPTA”), Chapter 501, Part II, Florida Statutes; (4) Florida’s Civil Theft law, Sections
812.035(5), 812.041, Florida Statutes; and (5) the Connecticut Unfair Trade Practices Act
(“CUTPA”), Chapter 735a of the Connecticut General Statutes. The Complaint alleges that
Defendants’ acts or practices violate these laws in connection with the marketing and sale of their
mortgage assistance relief services. The Complaint seeks preliminary and permanent injunctive
relief, rescission or reformation of contracts, the refund of monies paid, restitution, disgorgement
of ill-gotten monies, and other equitable relief, as well as civil money penalties.
Contemporaneously with the filing of the Complaint, Plaintiffs also filed a Motion For Ex
Parte Temporary Restraining Order With Asset Freeze and Other Equitable Relief and Order to
Show Cause Why A Preliminary Injunction Should Not Issue and Memorandum In Support (Dkt.
# 6), and an Ex Parte Application For Appointment of Receiver and Memorandum of Law In
Support (Dkt. # 8).

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On August 1, 2014, following an ex parte hearing and careful review of the Plaintiffs'
motions and all related filings, the Court entered an Ex Parte Temporary Restraining Order with
Asset Transfer Restrictions And Partial Asset Freeze, Appointment of Temporary Receiver, and
Other Equitable Relief and Order to Show Cause Why a Preliminary Injunction Should Not Issue
(Dkt. # 10) (“TRO ”). In the TRO, the Court set the preliminary injunction hearing for August 12,
2014 at 9:30 a.m. (Id. at p. 44) and set the TRO to expire on August 15, 2014 at 5 p.m. (Id. at p.
43).
Subsequently, the matter came before the Honorable Mark A. Pizzo for a status hearing on
August 8, 2014 (Dkt. # 17 & 30). At that status hearing, Plaintiffs and Defendants Berger Law
Group, P.A., Ian Berger, Gary DiGirolamo, R. Geoffrey Broderick, and David Friedman reached
agreement, in principle, on a stipulated preliminary injunction. Defendants Litigation Law, LLC,
The Resolution Law Group, P.C., and the Resolution Law Center, LLC were not represented by
counsel at the August 8, 2014 status hearing. Judge Pizzo advised Defendants Litigation Law,
LLC, The Resolution Law Group, P.C., and the Resolution Law Center, LLC to obtain counsel
and respond to the Motion by August 12, 2014. On August 11, 2014, the Court cancelled the
August 12, 2014 preliminary injunction hearing.
On August 20, 2014, Plaintiffs notified the Court that Defendants Berger Law Group, P.A.,
Ian Berger, Gary DiGirolamo, R. Geoffrey Broderick, and David Friedman had indeed reached
agreement with Plaintiffs on terms for a stipulated preliminary injunction (Dkt. # 40).
Consequently, on August 22, 2014, this Court entered a preliminary injunction as to Defendants
Berger Law Group, P.A., Ian Berger, Gary DiGirolamo, R. Geoffrey Broderick, and David
Friedman only (Dkt. # 42).

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On August 26, 2014, Judge Pizzo issued his report and recommendation (Dkt. # 45), in
which he recommended that a preliminary injunction be entered against Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., and the Resolution Law Center, LLC. On September
15, 2014, noting that no objections had been filed to Judge Pizzo’s Report and Recommendation
and that the time for filing such objections had lapsed, the Court adopted, confirmed and approved
in all respects Judge Pizzo’s Report and Recommendation. As a result, the Court now enters this
preliminary injunction against Defendants Litigation Law, LLC, The Resolution Law Group, P.C.,
and the Resolution Law Center, LLC.
FACTUAL AND LEGAL FINDINGS
Having considered the Motion and all related filings, and being otherwise fully advised in
the premises, the Court finds that:
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.

The elements necessary for a preliminary injunction have been met:
a.

Plaintiffs are likely to prevail on the merits of this action;

b.

The public is likely to suffer irreparable harm in the absence of a
preliminary injunction; and

c.

The balance of hardships tip in Plaintiffs’ favor and a preliminary injunction
is in the public interest;

3.

Good cause exists to continue the asset freeze and the other equitable relief ordered,

including, but not limited to: the appointment of a receiver over the Litigation Law, LLC, The
Resolution Law Group, P.C., Berger Law Group, P.A., and The Resolution Law Center, LLC
(collectively “Receivership Defendants”); Plaintiffs’ and the Receiver’s continued access to

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Receivership Defendants’ business premises; and expedited discovery for Plaintiffs and the
Receiver with regard to all Defendants; and
4.

The current security of a $50,000 bond posted by Plaintiffs on August 7, 2014,

continues to be sufficient pursuant to Fed. R. Civ. P. 65(c).
DEFINITIONS
For the purposes of this Preliminary Injunction, the Definitions set forth in the TRO are
adopted as if they were fully set forth herein.
I. PROHIBITED MISREPRESENTATIONS
It is hereby ORDERED AND ADJUDGED that Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC and their successors, assigns,
officers, agents, servants, employees, and attorneys, and those persons in active concert or
participation with any of them, who receive actual notice of the TRO or this Preliminary Injunction
by personal service, facsimile transmission, email, or otherwise, whether acting directly or through
any corporation, subsidiary, division, or other device, in connection with the advertising,
marketing, promotion, offering for sale, sale, or performance of any mortgage assistance relief
product or service, are hereby enjoined from falsely representing, or from assisting others who are
falsely representing, expressly or by implication, any of the following:
A. That any Defendant or any other person will or likely will obtain for consumers
mortgage loan modifications that substantially reduce consumers’ mortgage payments
or interest rates or help consumers avoid foreclosure;
B. The degree of success that any Defendant or any other person has had in performing
any mortgage assistance relief service;

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C. The nature of any Defendant’s or any other person’s relationship with any mortgage
loan holder or servicer, or other secured or unsecured lender; or
D. The amount of time it will take or is likely to take to obtain or arrange a renegotiation,
settlement, modification, or other alteration of the terms of any secured or unsecured
debt, including but not limited to the modifications of any term of a consumer’s home
loan, deed of trust, or mortgage, including any recapitalization or reinstatement
agreement.
II. DISCLOSURES REQUIRED BY AND REPRESENTATIONS
PROHIBITED BY REGULATION O
It is further ORDERED AND ADJUDGED that Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC and their successors, assigns,
officers, agents, servants, employees, independent contractors, and attorneys, and those persons in
active concert or participation with any of them, who receive actual notice of the TRO or this
Preliminary Injunction by personal service, facsimile transmission, email, or otherwise, whether
acting directly or through any corporation, subsidiary, division, or other device, in connection with
the advertising, marketing, promotion, offering for sale, sale, or performance of any good or
service, are hereby enjoined from engaging in, or assisting others engaging in, the following
conduct:
A. Representing, expressly or by implication, that a consumer cannot or should not contact
or communicate with his or her lender or servicer, in violation of 12 C.F.R. § 1015.3(a)
(2012);
B. Failing to make the following disclosure clearly and prominently in all general and
consumer-specific commercial communications: “[Name of Company] is not

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associated with the government, and our service is not approved by the government or
your lender,” in violation of 12 C.F.R. §§ 1015.4(a)(1), 1015.4(b)(2);
C. Failing to make the following disclosure clearly and prominently in all general and
consumer-specific commercial communications: “Even if you accept this offer and use
our service, your lender may not agree to change your loan,” in violation of 12 C.F.R.
§§ 1015.4(a)(2), 1015.4(b)(3);
D. Failing to make the following disclosure clearly and prominently in all consumerspecific commercial communications: “You may stop doing business with us at any
time. You may accept or reject the offer of mortgage assistance we obtain from your
lender [or servicer]. If you reject the offer, you do not have to pay us. If you accept the
offer, you will have to pay us [insert amount or method for calculating the amount] for
our services,” in violation of 12 C.F.R. § 1015.4(b)(1). For the purposes of this section,
the amount “you will have to pay” shall consist of the total amount the consumer must
pay to purchase, receive, and use all of the mortgage assistance relief services that are
the subject of the sales offer, including but not limited to, all fees and charges.
E. Failing, in all general commercial communications, consumer-specific commercial
communications, and other communications in cases where any Defendant or person
has represented, expressly or by implication, in connection with the advertising,
marketing, promotion, offering for sale, sale, or performance of any mortgage
assistance relief service, that the consumer should temporarily or permanently
discontinue payments, in whole or in part, on a dwelling loan, to place clearly and
prominently, and in close proximity to any such representation the following

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disclosure: “If you stop paying your mortgage, you could lose your home and damage
your credit rating,” in violation of 12 C.F.R. § 1015.4(c); and
F. Any other conduct in violation of 12 C.F.R. Part 1015.
III. PROHIBITION ON COLLECTION OF ADVANCE OR MAINTENANCE FEES
It is further ORDERED AND ADJUDGED that Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC and their officers, agents,
servants, employees, independent contractors, and attorneys, and those persons in active concert
or participation with any of them, who receive actual notice of the TRO or this Preliminary
Injunction by personal service, facsimile transmission, email, or otherwise, whether acting directly
or through any corporation, subsidy, division, or other device, in connection with the advertising,
marketing, promotion, offering for sale, sale, or performance of any mortgage assistance relief
service, are hereby enjoined from asking for or receiving any advance or maintenance fees for
mass-joinder or related suit or proceeding.
IV. PRESERVATION OF RECORDS AND TANGIBLE THINGS
It is further ORDERED AND ADJUDGED that Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC and their successors, assigns,
officers, agents, servants, employees, independent contractors, and attorneys, and those persons in
active concert or participation with any of them, who receive actual notice of the TRO or this
Preliminary Injunction by personal service, facsimile transmission, email, or otherwise, whether
acting directly or through any entity, corporation, subsidiary, division, affiliate, or other device,
are hereby enjoined from destroying, erasing, mutilating, concealing, altering, transferring, or
otherwise disposing of, in any manner, directly or indirectly, any Documents or records that relate

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to the business practices, or business or personal finances of any Defendant, or other entity directly
or indirectly under the control of any Defendant.
V. DISABLEMENT OF WEBSITES
It is further ORDERED AND ADJUDGED that (1) any person hosting any Internet
website for, or on behalf of, Defendants Litigation Law, LLC, The Resolution Law Group, P.C.,
or the Resolution Law Center, LLC, and (2) Defendants Litigation Law, LLC, The Resolution Law
Group, P.C., and the Resolution Law Center, LLC and their successors, assigns, officers, agents,
servants, employees, independent contractors, and attorneys, and those persons in active concert
or participation with any of them, who receive actual notice of the TRO or Preliminary Injunction
by personal service, facsimile transmission, email, or otherwise, whether acting directly or through
any corporation, subsidiary, division, or other device, shall:
A. Immediately do whatever is necessary to ensure that any Internet website used by
Defendants for the advertising, marketing, promotion, offering for sale, sale, or
performance of any mortgage assistance relief service, including but not limited to
www.theresolutionlawgroup.com

and

www.thebergerlawgroup.com,

containing

statements, representations, or omissions prohibited by Sections I and II of this
Preliminary Injunction cannot be accessed by the public;
B. Prevent the destruction or erasure of any Internet website used by Defendants for the
advertising, marketing, promotion, offering for sale, sale, or performance of any
mortgage assistance relief service, by preserving such website in the format in which it
is maintained currently; and
C. Immediately notify Plaintiffs’ counsel and the Receiver, in writing, of any other
Internet website operated or controlled by any Defendant.

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VI. SUSPENSION OF INTERNET DOMAIN NAME REGISTRATIONS
It is further ORDERED AND ADJUDGED that any domain name registrar shall suspend
the registration of any Internet website used by Defendants Litigation Law, LLC, The Resolution
Law Group, P.C., and the Resolution Law Center, LLC for the advertising, marketing, promotion,
offering for sale, sale, or performance of any mortgage assistance relief service, and containing
statements, representations, or omissions prohibited by Sections I and II of this Preliminary
Injunction, and provide immediate notice to the Receiver and Plaintiffs’ counsel of any other
Internet domain names registered or controlled by Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., or the Resolution Law Center, LLC.
VII. ASSET TRANSFER RESTRICTIONS AND ASSET FREEZE
It is further ORDERED AND ADJUDGED that Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC and their successors, assigns,
officers, agents, servants, employees, independent contractors, and attorneys, and all persons
directly or indirectly under the control of any of them, including any financial institution, and all
other persons in active concert or participation with any of them, who receive actual notice of the
TRO or this Preliminary Injunction by personal service, facsimile, email, or otherwise, are hereby
enjoined from directly or indirectly:
A. Selling, liquidating, assigning, transferring, converting, loaning, hypothecating,
disbursing, gifting, conveying, encumbering, pledging, concealing, dissipating,
spending, withdrawing, or otherwise disposing of any Asset that is:
•

in the actual or constructive possession of Defendants Litigation Law, LLC,
The Resolution Law Group, P.C., or the Resolution Law Center, LLC; or

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•

in the actual or constructive possession of, or owned or controlled by, or subject
to access by, or belonging to, any corporation, partnership, trust or other entity
directly or indirectly owned, managed or controlled by Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., or the Resolution Law Center,
LLC;

B. Opening, or causing to be opened, any safe deposit box, commercial mail box, or
storage facility belonging to, for the use or benefit of, controlled by, or titled in the
name of Defendants Litigation Law, LLC, The Resolution Law Group, P.C., or the
Resolution Law Center, LLC, or subject to access by Defendants Litigation Law, LLC,
The Resolution Law Group, P.C., or the Resolution Law Center, LLC;
C. Incurring changes or cash advances on any credit card, stored value card, debit card or
charge card issued in the name, singly or jointly, of Defendants Litigation Law, LLC,
The Resolution Law Group, P.C., or the Resolution Law Center, LLC or any other
entity directly or indirectly owned, managed, or controlled by Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., or the Resolution Law Center, LLC; or
D. Cashing any checks from consumers, clients, or customers of Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., The Berger Law Group or the Resolution
Law Center, LLC.
The Assets affected by this Section shall include: (a) all Assets of Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., or the Resolution Law Center, LLC as of the time
the TRO was entered, and (b) those Assets obtained or received after entry of the TRO that are
derived, directly or indirectly, from the actions alleged in Plaintiffs’ Complaint. This Section does
not prohibit transfers to the Receiver, as specifically required in Section XV (Delivery of

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Receivership Property), nor does it prohibit the Repatriation of Foreign Assets, as specifically
required in Section X of this Preliminary Injunction.
VIII. RETENTION OF ASSETS AND RECORDS BY
FINANCIAL INSTITUTIONS AND OTHER THIRD PARTIES
It is further ORDERED AND ADJUDGED that, except as otherwise ordered by this
Court, any financial or brokerage institution, business entity, electronic data host, Internet or “ecurrency” payment processor, or person served with a copy of the TRO or this Preliminary
Injunction, or who otherwise has actual or constructive knowledge of the TRO or this Preliminary
Injunction, that holds, controls, or maintains custody of any account, Document, or Asset of, on
behalf of, in the name of, for the benefit of, subject to withdrawal by, subject to access or use by,
or under the signatory power of Defendants Litigation Law, LLC, The Resolution Law Group,
P.C., or the Resolution Law Center, LLC, or other party subject to Section VII above, or has held,
controlled, or maintained any such account, Document, or Asset at any time since January 1, 2011,
shall:
A. Hold, preserve, and retain within such person’s control, and prohibit the withdrawal,
removal, alteration, assignment, transfer, pledge, hypothecation, encumbrance,
disbursement, dissipation, conversion, sale, liquidation, or other disposal of such
account, Document, or Asset held by or under such person’s control, except as directed
by further order of the Court or as directed in writing by the Receiver regarding
accounts, Documents, or Assets held in the name of or benefit of any Receivership
Defendant;
B. Provide the Receiver, the Receiver’s agents, Plaintiffs, and Plaintiffs’ agents immediate
access to Documents, including those electronically stored, hosted, or otherwise

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maintained on behalf of Defendants Litigation Law, LLC, The Resolution Law Group,
P.C., or the Resolution Law Center, LLC for forensic imaging or copying;
C. Deny access to any safe deposit box, commercial mail box, or storage facility belonging
to, for the use or benefit of, controlled by, or titled in the name of Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., or the Resolution Law Center, LLC, or
subject to access by Defendants Litigation Law, LLC, The Resolution Law Group,
P.C., or the Resolution Law Center, LLC or other party subject to Section VII (Asset
Transfer Restrictions and Asset Freeze) above, except that this subsection shall not
limit the Receiver’s access to such places;
D. Upon request by Plaintiffs’ counsel or the Receiver, provide to them, within five
business days, a sworn statement setting forth:
•

the identification of each account or Asset titled in the name, individually or
jointly, or held on behalf of or for the benefit of, subject to withdrawal by,
subject to access or use by, or under the signatory power of Defendants
Litigation Law, LLC, The Resolution Law Group, P.C., or the Resolution Law
Center, LLC or other party subject to Section VII above, whether in whole or
in part;

•

the balance of each such account, or a description of the nature and value of
such Asset, as of the close of business on the day on which this Preliminary
Injunction is served;

•

the identification of any safe deposit box, commercial mail box, or storage
facility belonging to, for the use or benefit of, controlled by, or titled in the
name of Defendants Litigation Law, LLC, The Resolution Law Group, P.C., or

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the Resolution Law Center, LLC, or subject to access by Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., or the Resolution Law Center,
LLC or other party subject to Section VII above, whether in whole or in part;
and
•

if the account, safe deposit box, or other Asset has been closed or removed, the
date closed or removed, the balance on said date, and the name or the person or
entity to whom such account or other Asset was remitted;

E. Provide to Plaintiffs’ counsel and the Receiver, within three business days after being
served with a request, copies of all Documents pertaining to such account or Asset,
including but not limited to originals or copies of account applications, account
statements, signature cards, checks, drafts, deposit tickets, transfers to and from the
accounts, all other debit and credit instruments or slips, currency transaction reports,
1099 forms, and safe deposit box logs; provided that such institution or custodian may
charge a reasonable fee; and
F. Cooperate with all reasonable requests of the Receiver relating to this Preliminary
Injunction’s implementation.
G. The accounts subject to this provision include: (a) all Assets of Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., or the Resolution Law Center, LLC
deposited as of the time the TRO was entered, and (b) those Assets deposited after entry
of the TRO that are derived from the actions alleged in Plaintiffs’ Complaint. This
Section does not prohibit transfers to the Receiver, as specifically required in Section
XV (Delivery of Receivership Property), nor does it prohibit the Repatriation of
Foreign Assets, as specifically required in Section X of this Preliminary Injunction.

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H. Plaintiffs are granted leave, pursuant to Fed. R. Civ. P. 45, to subpoena Documents
immediately from any financial or brokerage institution, business entity, electronic data
host, or person served with a copy of this Preliminary Injunction that holds, controls,
or maintains custody of any account, Document, or Asset of, on behalf of, in the name
of, for the benefit of, subject to access or use by, or under the signatory power of
Defendants Litigation Law, LLC, The Resolution Law Group, P.C., or the Resolution
Law Center, LLC or other party subject to Section VII above, or has held, controlled,
or maintained any such account, Document, or Asset at any time since January 1, 2011,
and such financial or brokerage institution, business entity, electronic data host or
person shall respond to such subpoena within three business days after service.
IX. CONSUMER CREDIT REPORTS
It is further ORDERED AND ADJUDGED that pursuant to Section 604(a)(1) of the Fair
Credit Reporting Act, 15 U.S.C. § 1681b(a)(1), Plaintiffs and the Receiver may obtain credit
reports concerning Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and the
Resolution Law Center, LLC, and that, upon written request, any credit reporting agency from
which such reports are requested shall provide them to Plaintiffs.
X. REPATRIATION OF FOREIGN ASSETS
It is further ORDERED AND ADJUDGED that, upon request, Defendants Litigation
Law, LLC, The Resolution Law Group, P.C., and the Resolution Law Center, LLC shall:
A. Provide Plaintiffs’ counsel and the Receiver with a full accounting of all Assets,
accounts, and Documents outside of the territory of the United States that are held (1)
by Defendants Litigation Law, LLC, The Resolution Law Group, P.C., or the
Resolution Law Center, LLC; (2) for their benefit; (3) in trust by or for them,

15

individually or jointly; or (4) under their direct or indirect control, individually or
jointly;
B. Transfer to the territory of the United States all Assets, accounts, and Documents in
foreign countries held (1) by Defendants Litigation Law, LLC, The Resolution Law
Group, P.C., and the Resolution Law Center, LLC; (2) for their benefit; (3) in trust by
or for them, individually or jointly; or (4) under their direct or indirect control,
individually or jointly; and
C. Provide Plaintiffs access to all records of accounts or Assets of the Corporate
Defendants and Individual Defendants held by financial institutions located outside the
territorial United States by signing the Consent to Release of Financial Records
attached to the TRO as Attachment C.
All repatriated Assets, accounts, and Documents are subject to Section VII of this Preliminary
Injunction.
XI. NONINTERFERENCE WITH REPATRIATION
It is further ORDERED AND ADJUDGED that Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC and their successors, assigns,
officers, agents, servants, employees, independent contractors, and attorneys, and those persons in
active concert or participation with any of them, who receive actual notice of the TRO or this
Preliminary Injunction by personal service or otherwise, whether acting directly or through any
corporation, subsidiary, division, or other device, are hereby enjoined from taking any action,
directly or indirectly, which may result in the encumbrance or dissipation of foreign Assets, or in
the hindrance of the repatriation required by the preceding Section X of this Preliminary
Injunction, including, but not limited to:

16

A. Sending any statement, letter, fax, email or wire transmission, or telephoning or
engaging in any other act, directly or indirectly, that results in a determination by a
foreign trustee or other entity that a “duress” event has occurred under the terms of a
foreign trust agreement until such time that all Assets have been fully repatriated
pursuant to Section X of this Preliminary Injunction; or
B. Notifying any trustee, protector, or other agent of any foreign trust or other related
entities of either the existence of this Preliminary Injunction, or of the fact that
repatriation is required pursuant to a court order, until such time that all Assets have
been fully repatriated pursuant to Section X of this Preliminary Injunction.
XII. CONTINUED DUTIES AND AUTHORITIES OF RECEIVER
It is further ORDERED AND ADJUDGED that the Receiver Mark Bernet, Esq. is
directed and authorized to continue accomplishing the following:
A. Assume full control of the Receivership Defendants by removing, as the Receiver
deems necessary or advisable, any director, officer, independent contractor, employee,
or agent of any of the Receivership Defendants including any named Defendant, from
control of, management of, or participation in, the affairs of the Receivership
Defendants. This directive includes the removal of any non-lawyer who is controlling
or operating one of the law firm Receivership Defendants;
B. Take exclusive custody, control, and possession of all Assets and Documents of, or in
the possession, custody, or under the control of, the Receivership Defendants, wherever
situated. The Receiver shall have full power to divert mail and to sue for, collect,
receive, take into possession, hold, and manage all Assets and Documents of the
Receivership Defendants and other persons whose interests are now held by or under

17

the direction, possession, custody, or control of the Receivership Defendants. The
Receiver shall not, however, attempt to collect or receive any amount from a consumer
if the Receiver believes the consumer was a victim of the unlawful conduct alleged in
the complaint in this matter;
C. Take all steps necessary to secure the business premises of the Receivership
Defendants. Such steps may include, but are not limited to, the following as the
Receiver deems necessary or advisable:
•

completing a written inventory of all Receivership Assets;

•

obtaining pertinent information from all employees and other agents of the
Receivership Defendants, including but not limited to, the name, home address,
social security number, job description, method of compensation, and all
accrued and unpaid commissions and compensation of each such employee or
agent, and all computer hardware and software passwords;

•

obtaining and providing to Plaintiffs all business records (including both
Documents and Electronically Stored Information) of the Receivership
Defendants from August 1, 2013 to date, and, to the extent that any records are
removed from the premises, the Receiver shall require that Plaintiffs return
those business records within forty-eight (48) hours of their removal;

•

videotaping or photographing all portions of the location;

•

securing the location by changing the locks and disconnecting any computer
modems or other means of access to the computer or other records maintained
at that location; and

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•

requiring all employees, independent contractors, and consultants of the
Receivership Defendants to complete a questionnaire submitted by the
Receiver;

D. Conserve, hold, and manage all Receivership Assets, and perform all acts necessary or
advisable to preserve the value of those Assets, in order to prevent any irreparable loss,
damage, or injury to consumers or to creditors of the Receivership Defendants,
including, but not limited to, obtaining an accounting of the Assets and preventing
transfer, withdrawal, or misapplication of Assets;
E. Liquidate any and all securities or commodities owned by or for the benefit of the
Receivership Defendants as the Receiver deems to be advisable or necessary;
F. Enter into contracts and purchase insurance as the Receiver deems to be advisable or
necessary;
G. Prevent the inequitable distribution of Assets and determine, adjust, and protect the
interests of consumers and creditors who have transacted business with the
Receivership Defendants;
H. Manage and administer the business of the Receivership Defendants until further order
of this Court by performing all incidental acts that the Receiver deems to be advisable
or necessary, which includes retaining, hiring, or dismissing any employees,
independent contractors, or agents (including the continued payroll for any retained
employees);
I. Choose, engage, and employ attorneys, accountants, appraisers, and other independent
contractors and technical specialists, as the Receiver deems advisable or necessary in

19

the performance of duties and responsibilities under the authority granted by the TRO
or this Preliminary Injunction;
J. Make payments and disbursements from the Receivership that are necessary or
advisable for carrying out the directions of, or exercising the authority granted by, the
TRO or this Preliminary Injunction (including the continued payroll for any retained
employees and any other necessary and reasonable operating expenses in the ordinary
course of business). The Receiver shall apply to the Court for prior approval of any
payment of any debt or obligation incurred by the Receivership Defendants prior to the
date of entry of the TRO, except payments that the Receiver deems necessary or
advisable to secure assets of the Receivership Defendants, such as rental payments;
K. Determine and implement measures to ensure that the Receivership Defendants comply
with and prevent violations of the TRO or this Preliminary Injunction and all other
applicable laws, including, but not limited to, revising sales materials and
implementing monitoring procedures;
L. Institute, compromise, adjust, appear in, intervene in, or become party to such actions
or proceedings in state, federal, or foreign courts that the Receiver deems necessary
and advisable to preserve or recover the Assets of the Receivership Defendants, or that
the Receiver deems necessary and advisable to carry out the Receiver’s mandate under
the TRO and this Preliminary Injunction;
M. Defend, compromise, adjust, or otherwise dispose of any or all actions or proceedings
instituted in the past or in the future against the Receiver in his or her role as Receiver,
or against the Receivership Defendants, that the Receiver deems necessary and
advisable to preserve the Assets of the Receivership Defendants or that the Receiver

20

deems necessary and advisable to carry out the Receiver’s mandate under the TRO or
this Preliminary Injunction;
N. Continue and conduct the business of the Receivership Defendants in such manner, to
such extent, and for such duration as the Receiver may in good faith deem to be
necessary or appropriate to operate the business profitably and lawfully, if at all;
provided, however, that the continuation and conduct of the business shall be
conditioned upon the Receiver’s good faith determination that the businesses can be
lawfully operated at a profit using the Assets of the Receivership;
O. Cease all telemarketing activities of the Receivership Defendants;
P. Take depositions and issue subpoenas to obtain Documents and records pertaining to
the Receivership and compliance with the TRO and this Preliminary Injunction.
Subpoenas may be served by agents or attorneys of the Receiver and by agents of any
process server retained by the Receiver;
Q. Open one or more bank accounts as designated depositories for funds of the
Receivership Defendants. The Receiver shall deposit all funds of the Receivership
Defendants in such a designated account and shall make all payments and
disbursements from such account(s);
R. Maintain accurate records of all receipts and expenditures that he makes as Receiver;
S. Cooperate with reasonable requests for information or assistance from any state or
federal law enforcement agency;
T. Maintain the chain of custody of all of Defendants’ records in their possession; and

21

U. Notify all courts in which Receivership Defendants have mass-joinder or related
litigation pending, that this case is pending, and request temporary stays of those cases
or any other necessary relief to preserve the rights of consumers.
XIII. CONTINUED ACCESS TO BUSINESS PREMISES AND RECORDS
It is further ORDERED AND ADJUDGED that Plaintiffs, the Receiver, and their
respective representatives, agents, contractors, or assistants, are permitted immediate access to
Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution Law
Center, LLC’s business premises; and that Defendants Litigation Law, LLC, The Resolution Law
Group, P.C., and the Resolution Law Center, LLC and their successors, assigns, officers, directors,
agents, servants, employees, attorneys, and all other persons directly or indirectly, in whole or in
part, under their control, and all other persons in active concert or participation with them, who
receive actual notice of the TRO or this Preliminary Injunction by personal service, facsimile,
email, or otherwise, whether acting directly or through any corporation, subsidiary, division, or
other entity, shall:
A. Allow Plaintiffs and the Receiver, and their respective representatives, agents,
attorneys, investigators, paralegals, contractors, or assistants, including, but not limited
to, federal, state, and local law enforcement officers, including the United States
Marshals Service, the Hillsborough County Sheriff’s Office, the Sheriff or deputy of
any county, and the Police Department or police officer of any community, immediate
access to:
•

all of Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and
the Resolution Law Center, LLC’s business premises, including but not limited
to:

22

o 4100 W. Kennedy Boulevard, Suite 300, Tampa, Florida ;
o any storage facilities; and
o such other business locations that are wholly or partially owned, rented,
leased, or under the temporary or permanent control of Defendants
Litigation Law, LLC, The Resolution Law Group, P.C., or

the

Resolution Law Center, LLC;
•

any other premises where Defendants Litigation Law, LLC, The Resolution
Law Group, P.C., or the Resolution Law Center, LLC conduct business, sales
operations, or customer service operations;

•

any premises where Documents related to the Defendants Litigation Law, LLC,
The Resolution Law Group, P.C., or the Resolution Law Center, LLC’s
businesses are stored or maintained, including but not limited to a storage unit;

•

any premises where Assets belonging to Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., or the Resolution Law Center, LLC are stored or
maintained; and

•

any Documents located at any of the locations described in this Section;

B. Immediately identify to Plaintiffs’ counsel and the Receiver:
•

all of Defendants Litigation Law, LLC, The Resolution Law Group, P.C., or the
Resolution Law Center, LLC’s business premises and storage facilities;

•

any premises where Defendants Litigation Law, LLC, The Resolution Law
Group, P.C., or the Resolution Law Center, LLC conducts business, sales
operations, or customer service operations;

23

•

any premises where Documents related to the business, sales operations, or
customer service operations of Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., or the Resolution Law Center, LLC are hosted,
stored, or otherwise maintained, including but not limited to the name and
location of any Electronic Data Hosts; and

•

any premises where Assets belonging to Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., or the Resolution Law Center, LLC are stored or
maintained; and

C. Provide Plaintiffs and the Receiver, and their respective representatives, agents,
attorneys, investigators, paralegals, contractors, or assistants with any necessary means
of access to, copying of, and forensic imaging of Documents and Electronically Stored
Information from October 1, 2011 to present, including, without limitation, identifying
the locations of Receivership Defendants’ business premises, keys and combinations
to business premises locks, passwords to devices that hold Electronically Stored
Information, computer access codes of all computers used to conduct Receivership
Defendants’ business, access to (including but not limited to execution of any
Documents necessary for access to and forensic imaging of) any data stored, hosted or
otherwise maintained by an electronic data host, and storage area access information;
It is further ORDERED AND ADJUDGED that:
A. The Receiver shall immediately allow Plaintiffs and their representatives, agents,
contractors, or assistants into the premises and facilities described in this Section to
inspect, inventory, image, and copy Documents and Electronically Stored Information
relevant to any matter contained in this Preliminary Injunction, wherever they may be

24

situated. Any Documents or Electronically Stored Information that are removed from
the premises and facilities by Plaintiffs shall be returned to the premises by Plaintiffs
within forty-eight (48) hours of the removal. The Receiver may exclude Defendants
Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution Law Center,
LLC and their agents and employees from the business premises and facilities during
the immediate access. No one shall interfere with Plaintiffs’ or the

Receiver’s

inspection of the Defendants Litigation Law, LLC, The Resolution Law Group, P.C.,
or the Resolution Law Center, LLC’s premises or documents.
B. The Receiver and Plaintiffs shall have the right to remove any Documents, including
any devices containing Electronically Stored Information related to Defendants
Litigation Law, LLC, The Resolution Law Group, P.C., or the Resolution Law Center,
LLC ‘s business practices from the premises in order that they may be inspected,
inventoried, and copied. The materials so removed shall be returned within forty-eight
(48) hours of completing said inventory and copying. If any property, records,
Documents, or computer files relating to the Receivership Defendants’ finances or
business practices are located in the residence of any Defendant or are otherwise in the
custody or control of any Defendant, then such Defendant shall produce them to the
Receiver within twenty-four (24) hours of service of this Preliminary Injunction. In
order to prevent the destruction of computer data, upon service of this Preliminary
Injunction upon Defendants, any such computers may be powered down (turned off) in
the normal course for the operating systems used on such computers and shall not be
powered up or used again until produced for copying and inspection, along with any
codes needed for access. Plaintiffs’ and the Receiver’s representatives may also

25

photograph and videotape the inside and outside of all premises to which they are
permitted access by this Preliminary Injunction, and all Documents and other items
found on such premises;
C. Plaintiffs’ access to Documents pursuant to this Preliminary Injunction shall not
provide grounds for any Defendant to object to any subsequent request for Documents
served by Plaintiffs; and
D. The Receiver shall allow the Defendants and their representatives reasonable access to
the premises of the Receivership Defendants. The purpose of this access shall be to
inspect, inventory, and copy any and all Documents and other property owned by or in
the possession of the Receivership Defendants, provided that those Documents and
property are not removed from the premises. The Receiver shall have the discretion to
determine the time, manner, and reasonable conditions of such access.
E. Upon request, Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and
the Resolution Law Center, LLC and their officers and employees, agents, and
bookkeepers shall also immediately provide usernames and passwords to all computers
that store information concerning Defendants’ business operations;
F. Upon request, Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and
the Resolution Law Center, LLC and their officers and employees shall surrender
Blackberry, iPhone, Android, or other mobile access devices that contain information
concerning Defendants’ business operations to the Receiver or Plaintiffs’
representatives. These devices must be returned to Defendants Litigation Law, LLC,
The Resolution Law Group, P.C., and the Resolution Law Center, LLC and their
employees within forty-eight (48) hours of their surrender.

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XIV. CONTINUED COOPERATION WITH RECEIVER
It is further ORDERED AND ADJUDGED that:
A. Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution
Law Center, LLC, and their successors, assigns, officers, agents, directors, servants,
employees, salespersons, independent contractors, attorneys, and corporations, and all
other persons or entities in active concert or participation with them, who receive actual
notice of this Preliminary Injunction by personal service or otherwise, whether acting
directly or through any trust, corporation, subsidiary, division, or other device, or any
of them, shall fully cooperate with and assist the Receiver. Defendants Litigation Law,
LLC, The Resolution Law Group, P.C., and the Resolution Law Center, LLC’s
cooperation and assistance shall include, but not be limited to:
•

Providing any information to the Receiver that the Receiver deems necessary
to exercising the authority and discharging the responsibilities of the Receiver
under this Preliminary Injunction, including but not limited to allowing the
Receiver to inspect Documents and Assets and to partition office space;

•

Providing any username or password and executing any documents required to
access any computer or electronic files in any medium, including but not limited
to Electronically Stored Information stored, hosted, or otherwise maintained by
an electronic data host; and

•

Advising all persons who owe money to the Receivership Defendants that all
debts should be paid directly to the Receiver; and

B. Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution
Law Center, LLC and their successors, assigns, officers, directors, agents, servants,

27

employees, attorneys, and all other persons or entities directly or indirectly, in whole
or in part, under their control, and all other persons in active concert or participation
with them, who receive actual notice of this Preliminary Injunction by personal service
or otherwise, shall not interfere in any manner, directly or indirectly with the custody
possession, management, or control by the Receiver of Assets and Documents, and are
hereby enjoined from directly or indirectly:
•

Transacting any of the business of the Receivership Defendants;

•

Destroying, secreting, erasing, mutilating, defacing, concealing, altering,
transferring or otherwise disposing of, in any manner, directly or indirectly, any
Documents or equipment of the Receivership Defendants, including but not
limited to contracts, agreements, consumer files, consumer addresses and
telephone numbers, correspondence, advertisements, brochures, sales material,
sales presentations, Documents evidencing or referring to Defendants’ services,
training materials, scripts, data, computer tapes, disks, or other computerized
records, books, written or printed records, handwritten notes, telephone logs,
“verification” or “compliance” tapes or other audio or video tape recordings,
receipt books, invoices, postal receipts, ledgers, personal and business canceled
checks and check registers, bank statements, appointment books, copies of
federal, state or local business or personal income or property tax returns,
photographs, mobile devices, electronic storage media, accessories, and any
other Documents, records or equipment of any kind that relate to the business
practices or business or personal finances of the Receivership Defendants or

28

any other entity directly or indirectly under the control of the Receivership
Defendants;
•

Transferring, receiving, altering, selling, encumbering, pledging, assigning,
liquidating, or otherwise disposing of any Assets owned, controlled, or in the
possession or custody of, or in which an interest is held or claimed by, the
Receivership Defendants, or the Receiver;

•

Excusing debts owed to the Receivership Defendants;

•

Failing to notify the Receiver of any Asset, including accounts, of a
Receivership Defendant held in any name other than the name of the
Receivership Defendant, or by any person or entity other than the Receivership
Defendant, or failing to provide any assistance or information requested by the
Receiver in connection with obtaining possession, custody, or control of such
Assets;

•

Failing to create and maintain books, records, and accounts which, in
reasonable detail, accurately, fairly, and completely reflect the incomes, assets,
disbursements, transactions and use of monies by the Defendants or any other
entity directly or indirectly under the control of the Defendants;

•

Doing any act or refraining from any act whatsoever to interfere with the
Receiver’s taking custody, control, possession, or managing of the Assets or
Documents subject to this Receivership; or to harass or to interfere with the
Receiver in any way; or to interfere in any manner with the exclusive
jurisdiction of this Court over the Assets or Documents of the Receivership
Defendants; or to refuse to cooperate with the Receiver or the Receiver’s duly

29

authorized agents in the exercise of their duties or authority under any order of
this Court; and
•

Filing, or causing to be filed, any petition on behalf of the Receivership
Defendants for relief under the United States Bankruptcy Code, 11 U.S.C. §
101 et seq., without prior permission from this Court.

XV. DELIVERY OF RECEIVERSHIP PROPERTY
It is further ORDERED AND ADJUDGED that Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC and any other person or entity,
including but not limited to financial institutions and electronic data hosts, shall transfer or deliver
access to possession, custody, and control of the following to the Receiver:
A. All Assets of the Receivership Defendants;
B. All Documents of the Receivership Defendants, including but not limited to books and
records of accounts, all financial and accounting records, balance sheets, income
statements, bank records (including monthly statements, canceled checks, records of
wire transfers, records of ACH transactions, and check registers), client or customer
lists, title documents and other papers;
C. All Assets belonging to members of the public now held by the Receivership
Defendants;
D. All keys, computer and other passwords, user names, entry codes, combinations to
locks required to open or gain or secure access to any Assets or Documents of the
Receivership Defendants, wherever located, including, but not limited to, access to
their business premises, means of communication, accounts, computer systems, or
other property; and

30

E. Information identifying the accounts, employees, properties, or other assets or
obligations of the Receivership Defendants.
In the event any person or entity fails to deliver or transfer immediately any asset or
otherwise fails to comply with any provision of this Section, the Receiver may file ex parte with
the court an Affidavit of Non-Compliance regarding the failure. Upon filing of the affidavit, the
Court may authorize, without additional process or demand, Writs of Possession or Sequestration
or other equitable writs requested by the Receiver. The writs shall authorize and direct the United
States Marshal, any Deputy United States Marshal, the Hillsborough County Sheriff’s Office, or
any sheriff or deputy sheriff of any county to seize the Asset, Document, or other thing and to
deliver it to the Receiver.
XVI. CONTINUED PROHIBITION ON RELEASE OF CONSUMER INFORMATION
It is further ORDERED AND ADJUDGED that, except as required by a law enforcement
agency, law, regulation, or court order, Defendants Litigation Law, LLC, The Resolution Law
Group, P.C., and the Resolution Law Center, LLC, and their successors, assigns, officers, agents,
servants, employees, and attorneys, and all other persons in active concert or participation with
any of them, who receive actual notice of this Preliminary Injunction by personal service or
otherwise, are enjoined from disclosing, using, or benefitting from consumer information,
including the name, address, telephone number, email address, social security number, other
identifying information, or any data that enables access to a consumer’s account (including a credit
card, bank account, or other financial account), of any person, which any Defendant obtained prior
to entry of the TRO in connection with any mortgage assistance relief product.
XVII. STAY OF ACTIONS
It is further ORDERED AND ADJUDGED that:

31

A. Except by leave of this Court, during pendency of the Receivership ordered herein,
Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution
Law Center, LLC are hereby stayed from taking any action for, against, on behalf of,
or in the name of any of the following: the Receivership Defendants, any of their
subsidiaries, affiliates, partnerships, Assets, Documents or the Receiver or the
Receiver’s duly authorized agents acting in their capacities as such. Such hereby-stayed
actions include, but are not limited to, the following:
•

Commencing, prosecuting, continuing, entering, or enforcing any mass-joinder
or related suit or proceeding, except that such actions may be filed to toll any
applicable statute of limitations;

•

Accelerating the due date of any obligation or claimed obligation; filing or
enforcing any lien; taking or attempting to take possession, custody, or control
of any asset; attempting to foreclose, forfeit, alter, or terminate any interest in
any asset, whether such acts are part of a judicial proceeding, are acts of selfhelp, or otherwise; or

•

Executing, issuing, serving, or causing the execution, issuance, or service of,
any legal process, including, but not limited to, attachments, garnishments,
subpoenas, writs of replevin, writs of execution, or any other form of process
whether specified in this Preliminary Injunction or not.

B. This Section does not stay:
•

The commencement or continuation of a criminal action or proceeding;

•

The commencement or continuation of any civil non-mass-joinder or related
suit or proceeding;

32

•

The commencement or continuation of an action or proceeding by a state bar
association to enforce its police or regulatory power;

•

The commencement or continuation of an action or proceeding by a
governmental unit to enforce such governmental unit’s police or regulatory
power;

•

The enforcement of a judgment, other than a money judgment, obtained in an
action or proceeding by a governmental unit to enforce such governmental
unit’s police or regulatory power; or

•

The issuance to a Receivership Defendant of a notice of tax deficiency; and

C. Except as otherwise provided in this Preliminary Injunction, all persons and entities in
need of documentation from the Receiver shall in all instances first attempt to secure
such information by submitting a formal written request to the Receiver, and, if such
request has not been responded to within thirty days of receipt by the Receiver, any
such person or entity may thereafter seek an order of this Court with regard to the relief
requested.
XVIII. LIMITED EXPEDITED DISCOVERY
It is further ORDERED AND ADJUDGED that Plaintiffs and the Receiver are granted
leave to conduct certain expedited discovery, and that, commencing with the time and date of the
TRO, in lieu of the time periods, notice provisions, and other requirements of Rules 19, 26, 30, 34,
and 45 of the Federal Rules of Civil Procedure, and applicable Local Rules, Plaintiffs and the
Receiver are granted leave to:
A. Take the deposition, on three days’ notice, of any person or entity, whether or not a
party, for the purpose of: (1) discovering the nature, location, status, and extent of

33

Assets of Defendants or their affiliates or subsidiaries; (2) discovering the nature and
location of Documents and business records of Defendants or their affiliates or
subsidiaries; and (3) enforcing compliance with the TRO or this Preliminary Injunction.
The limitations and conditions set forth in Fed. R. Civ. P. 30(a)(2) and 31(a)(2)
regarding subsequent depositions shall not apply to depositions taken pursuant to this
Section. In addition, any such depositions taken pursuant to this Section shall not be
counted toward the ten deposition limit set forth in Fed. R. Civ. P. 30(a)(2)(A)(i) and
31(a)(2)(A)(i) and shall not preclude Plaintiffs from subsequently deposing the same
person or entity in accordance with the Federal Rules of Civil Procedure. Service of
discovery upon a party, taken pursuant to this Section, shall be sufficient if made by
facsimile, email or by overnight delivery. Any deposition taken pursuant to this
subsection that has not been reviewed and signed by the deponent may be used by any
party for purposes of the preliminary injunction hearing;
B. Serve upon parties requests for production of documents or inspection that require
production or inspection within three calendar days of service, and may serve
subpoenas upon non-parties that direct production or inspection within five calendar
days of service, for the purpose of discovering: (1) the nature, location, status, and
extent of assets of Defendants or their affiliates or subsidiaries; (2) the nature and
location of Documents and business records of Defendants or their affiliates or
subsidiaries; and (3) compliance with this Preliminary Injunction, provided that
twenty-four hours’ notice shall be deemed sufficient for the production of any such
Documents that are maintained or stored only as electronic data;

34

C. Serve deposition notices and other discovery requests upon the parties to this action by
facsimile or overnight courier, and take depositions by telephone or other remote
electronic means; and
D. If a Defendant fails to appear for a properly noticed deposition or fails to comply with
a request for production or inspection, seek to prohibit that Defendant from introducing
evidence at any subsequent hearing.
XIX. MONITORING
It is further ORDERED AND ADJUDGED that the Receiver or Plaintiffs’ agents or
representatives may contact Defendants Litigation Law, LLC, The Resolution Law Group, P.C.,
and the Resolution Law Center, LLC directly or anonymously for the purpose of monitoring
compliance with this Preliminary Injunction, and may tape record any oral communications that
occur in the course of such contacts.
XX. DEFENDANTS LITIGATION LAW, LLC, THE RESOLUTION LAW GROUP, P.C.,
AND THE RESOLUTION LAW CENTER, LLC’S DUTY TO DISTRIBUTE
PRELIMINARY INJUNCTION
It is further ORDERED AND ADJUDGED that Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC shall immediately provide a
copy of this Preliminary Injunction to each affiliate, subsidiary, division, sales entity, successor,
assign, officer, director, employee, independent contractor, client company, electronic data host,
agent, authorized signatory to bank accounts, attorney, spouse, and representative of Defendants
Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution Law Center, LLC and
shall, upon request, provide Plaintiffs’ counsel with a sworn statement that: (a) confirms
Defendants Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution Law
Center, LLC have provided copies of the Stipulated Preliminary Injunction as required by this

35

Section and (b) lists the names and addresses of each entity or person to whom Defendants
Litigation Law, LLC, The Resolution Law Group, P.C., and the Resolution Law Center, LLC
provided a copy of the Preliminary Injunction. Furthermore, Defendants Litigation Law, LLC, The
Resolution Law Group, P.C., and the Resolution Law Center, LLC shall not take any action that
would encourage officers, agents, directors, employees, salespersons, independent contractors,
attorneys, subsidiaries, affiliates, successors, assigns, or other persons or entities in active concert
or participation with Defendants Litigation Law, LLC, The Resolution Law Group, P.C., or the
Resolution Law Center, LLC to disregard this Preliminary Injunction or believe that they are not
bound by its provisions.
XXI. DURATION OF PRELIMINARY INJUNCTION
It is further ORDERED AND ADJUDGED that this Preliminary Injunction shall expire
upon final disposition of all Plaintiffs’ claims against Defendants Litigation Law, LLC. The
Resolution Law Group, P.C., and the Resolution Law Center, LLC in this case.
XXII. CORRESPONDENCE WITH PLAINTIFF
It is further ORDERED AND ADJUDGED that, for the purposes of this Preliminary
Injunction, all correspondence and service of pleadings on Plaintiffs shall be sent via electronic
submission to:
Amanda Arnold Sansone, Esq.
([e-mail])
Richard Schiffer, Esq.
([e-mail])
Office of the Florida Attorney General, Pam Bondi
3507 East Frontage Road, Suite 325
Tampa, Florida 33607
[phone] (telephone)
[phone] (facsimile)
and

36

Joseph J. Chambers, Esq.
[e-mail]
Office of the Connecticut Attorney General, George Jepsen
PO Box 120
55 Elm Street
Hartford, Connecticut 06141-0120
[phone] (telephone)
[phone] (facsimile)
and
Nicole Ayala, Esq.
[e-mail]
Connecticut Department of Consumer Protection
165 Capitol Avenue
Hartford, CT 06106
[phone] (telephone)
[phone] (facsimile)
XXIII. SERVICE OF THIS PRELIMINARY INJUNCTION
It is further ORDERED AND ADJUDGED that copies of this Preliminary Injunction may
be served by facsimile transmission, email, personal or overnight delivery, or US Mail, by the
Receiver or Plaintiffs or their agents and employees or any local, state, or federal law enforcement
agency or by private process server, upon any financial institution or other entity or person that
may have possession, custody, or control of any Documents or Assets of any Defendant, or that
may otherwise be subject to any provision of this Preliminary Injunction. Service upon any branch
or office of any financial institution shall effect service upon the entire financial institution.
DONE AND ORDERED, this 24th day of September, 2014.

Copies furnished to:
Counsel/Parties of Record
S:\Odd\2014\14-cv-1825 preliminary injunction as to litigation law resolution law.docx

37