Federal Trade Commission v. Clickbooth.com, LLC et al

Filing 4

MOTION by Plaintiff Federal Trade Commission for judgment Joint Motion for Entry of Stipulated Final Judgment and Order for Permanent Injunction and Other Equitable Relief (Wernz, Matthew)

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
)
FEDERAL TRADE COMMISSION,
)
)
Plaintiff,
) Case No. 12-cv-9087
)
v.
) Judge John W. Darrah
)
CLICKBOOTH.COM, LLC, a Florida limited
) Magistrate Judge Jeffrey Cole
liability company, also d/b/a Clickbooth,
)
)
INTEGRACLICK, LLC, a Florida limited liability )
company, f/k/a IntegraClick, Inc.,
)
)
JOHN DANIEL LEMP, individually, as an owner )
and officer of INTEGRACLICK, LLC, and as
)
an officer of CLICKBOOTH.COM, LLC,
)
)
Defendants.
)
)
JOINT MOTION FOR ENTRY OF
STIPULATED FINAL JUDGMENT AND ORDER FOR
PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF
Plaintiff, the Federal Trade Commission (“FTC”), along with Defendants,
Clickbooth.com, LLC, IntegraClick, LLC, and John Daniel Lemp, jointly and respectfully move
this Court to enter the proposed Stipulated Final Judgment and Order for Permanent Injunction
and Other Equitable Relief as to Defendants Clickbooth.com, LLC, IntegraClick, LLC, and John
Daniel Lemp (“Order”), which has been submitted to the Court separately, resolving all of the
FTC’s claims in this case. In support of its motion, the parties state as follows:
1.

The FTC filed its Complaint for Permanent Injunction and Other Equitable Relief

on November 13, 2012. The defendants are Clickbooth.com, LLC, IntegraClick, LLC, and John
Daniel Lemp (“Defendants”). The FTC and Defendants have agreed on the proposed Order,

which has been signed by all the parties and their counsel, and agree that the proposed Order
should be entered by the Court. The proposed Order has been submitted to the Court.
2.

The FTC represents that the proposed Order is substantially similar to stipulated

final orders entered in other recent cases brought by the FTC in this District, including FTC v.
Coleadium, Inc., Case No. 12-cv-6964 (N.D. Ill.) (Chang, J.) (stipulated final order entered Sept.
4, 2012); FTC v. IMM Interactive, Inc., Case No. 11-cv-2484 (N.D. Ill.) (Kennelly, J.)
(stipulated final order entered Mar. 15, 2012); FTC v. Ricardo Jose Labra, Case No. 11-cv-2485
(N.D. Ill.) (Der-Yeghiayan, J.) (stipulated final order entered Jan. 11, 2012); FTC v. Thou Lee,
Case No. 11-cv-2486 (Gottschall, J.) (stipulated final order entered Jan. 11, 2012); FTC v.
Ambervine Marketing LLC, Case No. 11-cv-2487 (N.D. Ill.) (Bucklo, J.) (stipulated final order
entered January 10, 2012); FTC v. Central Coast Nutraceuticals, Inc., Case No. 10-cv-4931
(N.D. Ill.) (Norgle, J.) (stipulated final order entered Jan. 3, 2012).
WHEREFORE, the FTC and the Defendants respectfully request that the Court enter the
proposed Order.
Dated: November 14, 2012

Respectfully Submitted,

DAVID SHONKA
General Counsel
s/ Patrick N. Downes
Patrick N. Downes
Michael L. Mallow
Loeb & Loeb LLP
10100 Santa Monica Boulevard, Suite 2200
Los Angeles, California 90067
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Defendants Clickbooth.com,
LLC, IntegraClick, LLC, and John Daniel
Lemp

s/ Matthew H. Wernz
Matthew H. Wernz
Steven M. Wernikoff
Federal Trade Commission
55 West Monroe Street, Suite 1825
Chicago, Illinois 60603
[phone] (phone)
[phone] (fax)
[e-mail]
Attorneys for Plaintiff
Federal Trade Commission

2

CERTIFICATE OF SERVICE
I, Matthew H. Wernz, hereby certify that on November 14, 2012, I: electronically filed
the foregoing Joint Motion for Entry of Stipulated Final Judgment and Order for
Permanent Injunction and Other Equitable Relief with the Clerk of the Court using the
CM/ECF system; submitted the proposed Stipulated Final Judgment and Order for
Permanent Injunction and Other Equitable Relief as to Defendants Clickbooth.com, LLC,
IntegraClick, LLC, and John Daniel Lemp (“Order”) to the Court’s courtroom deputy; and
served the motion and the proposed Order by electronic mail and FedEx on the Defendants as
follows:
Patrick N. Downes
Michael L. Mallow
Loeb & Loeb LLP
10100 Santa Monica Boulevard
Los Angeles, California 90067
[e-mail]
Attorneys for Defendants Clickbooth.com, LLC, IntegraClick, LLC, and John Daniel
Lemp
Respectfully Submitted,
s/ Matthew H. Wernz
Matthew H. Wernz
Federal Trade Commission
55 West Monroe Street, Suite 1825
Chicago, Illinois 60603
[phone] [telephone]
[phone] [facsimile]
[e-mail] [email]