Federal Trade Commission v. AWS, LLC et al
Filing
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ORDER granting #61 Stipulation; Re: #4 Motion for Preliminary Injunction. Responses due by 5/25/2018. Replies due by 6/1/2018. Motion Hearing set for 6/5/2018 at 10:00 AM in LV Courtroom 6A before Judge James C. Mahan. Signed by Judge James C. Mahan on 4/27/2018. (Copies have been distributed pursuant to the NEF - JM)
Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 1 of 9
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Roberto Anguizola
Illinois Bar # 6270874 (Admitted pursuant to LR IA 11-3)
Tel. (202) 326-3284
Email: ranguizola@ftc.gov
Miry Kim
Washington Bar # 31456 (Admitted pursuant to LR IA 11-3)
Tel. (202) 326-3622
Email: mkim@ftc.gov
Gregory J. Evans
DC Bar # 1033184 (Admitted pursuant to LR IA 11-3)
Tel. (202) 326-3425
Email: gevans2@ftc.gov
Federal Trade Commission
600 Pennsylvania Avenue, NW
Mail Drop CC-8528
Washington, DC 20580
Attorneys for Plaintiff
FEDERAL TRADE COMMISSION
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
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FEDERAL TRADE COMMISSION,
Plaintiff,
CASE NO. 2:18-cv-00442-JCM-PAL
v.
AWS, LLC, a Nevada limited liability company;
ADAMS CONSULTING, LLC, a California limited
liability company; FBA DISTRIBUTORS, LLC, a
Massachusetts limited liability company; FBA
STORES, LLC, a Nevada limited liability company;
GLOBAL MARKETING SERVICES L.L.C., a
Nevada limited liability company; INFO PROS,
LLC, a Nevada limited liability company; INFO
SOLUTIONS, LLC, a Nevada limited liability
company; ONLINE AUCTION LEARNING
CENTER, INC., a Massachusetts corporation;
ONLINE AUCTION LEARNING CENTER, INC.,
a Nevada corporation; CHRISTOPHER F.
BOWSER; ADAM S. BOWSER; JODY L.
MARSHALL; and JEFFREY A. GOMEZ,
Defendants.
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STIPULATION AND ORDER
EXTENDING THE DURATION OF
THE TEMPORARY
RESTRAINING ORDERS AND
SETTING PRELIMINARY
INJUNCTION HEARING AS TO
DEFENDANTS ADAMS
CONSULTING, LLC, GLOBAL
MARKETING SERVICES L.L.C.,
AND JEFFREY A. GOMEZ
Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 2 of 9
This matter comes before the Court upon the stipulation of all the parties, including
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plaintiff Federal Trade Commission (“FTC”), and defendants AWS, LLC, Adams Consulting,
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LLC, FBA Distributors, LLC, FBA Stores, LLC, Global Marketing Services L.L.C., Info Pros,
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LLC, Info Solutions, LLC, Online Auction Learning Center, Inc. (Mass. Corp.), Online Auction
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Learning Center, Inc. (Nev. Corp.), Christopher F. Bowser, Adam S. Bowser, Jody Marshall, and
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Jeffrey A. Gomez (collectively “Defendants”), for: (i) further extension of the Temporary
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Restraining Order issued at 1:30 p.m. on March 14, 2018 [ECF No. 29] (“Original TRO”)
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against defendants AWS, LLC, FBA Distributors, LLC, FBA Stores, LLC, Info Pros, LLC, Info
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Solutions, LLC, 1 Online Auction Learning Center, Inc. (Mass. Corp.), Online Auction Learning
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Center, Inc. (Nev. Corp.), Christopher F. Bowser, Adam S. Bowser, and Jody Marshall
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(collectively “Bowser Defendants”); (ii) extension of the Stipulated Temporary Restraining
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Order issued on April 18, 2018 [ECF No. 57] (“Gomez Stipulated TRO”) against defendants
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Adams Consulting, LLC, Global Marketing Services L.L.C., and Jeffrey A. Gomez (collectively
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“Gomez Defendants”); (iii) vacating the evidentiary hearing on the FTC’s motion for preliminary
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injunction as to the Bowser Defendants; and (iv) extending the briefing schedule and setting an
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evidentiary hearing on the FTC’s motion for a preliminary injunction as to the Gomez
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Defendants. The FTC and Defendants, each of which is represented by counsel for purposes of
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this stipulation, HEREBY STIPULATE TO THE FOLLOWING:
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1.
The duration of the Original TRO [ECF No. 29] is extended and shall remain in
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place by consent of the Bowser Defendants until the Court issues a ruling on the FTC’s request
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for a preliminary injunction, or further order of the Court. Unless otherwise ordered, all
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Info Solutions, LLC (“Info Solutions”) was not named in the original Complaint and was not explicitly referenced
in the Original TRO. However, the FTC contends that Info Solutions is covered by the Original TRO as a Corporate
Defendant in that it was an affiliate of the corporate defendants named in the original Complaint. Additionally, the
Receiver has designated Info Solutions a Receivership Entity under the Original TRO and, as such, its assets are
frozen and form part of the receivership estate.
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Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 3 of 9
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provisions of the Original TRO shall remain in place during the extension, including the asset
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freeze and appointment of the receiver Robb Evans & Associates LLC. Defendants specifically
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reserve all rights and nothing herein shall be construed as an admission of any kind or impair
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Defendants’ right to assert any and all defenses they may have. The reason for the extension of
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the Original TRO is to allow the FTC to review and, if appropriate, approve a stipulated final
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order for permanent injunction and monetary relief as to the Bowser Defendants (“Bowser
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Stipulated Final Order”). FTC counsel are submitting the Bowser Stipulated Final Order to the
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FTC for review and approval, and are informed that the approval process could take up to eight
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weeks. If the FTC approves the Bowser Stipulated Final Order, it will be filed for approval by
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the Court. If approved by the FTC and the Court, the Bowser Stipulated Final Order will resolve
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all disputes between the FTC and the Bowser Defendants.
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2.
The evidentiary hearing on Plaintiff Federal Trade Commission’s motion for
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preliminary injunction set for May 17, 2018 [ECF No. 60] is vacated and re-scheduled as set
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forth below only as to the Gomez Defendants. All deadlines for motions, memoranda, proposed
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orders, pleadings, responses or oppositions, and affidavits concerning the FTC’s motion for
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preliminary injunction as to the Bowser Defendants set forth in the Second Stipulation and Order
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Extending the Duration of the Temporary Restraining and Postponing Preliminary Injunction
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Hearing [ECF No. 49] are vacated until further order of the Court.
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3.
The duration of the Gomez Stipulated TRO [ECF No. 57] is extended and shall
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remain in place by consent of the Gomez Defendants until the Court issues a ruling on the FTC’s
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request for a preliminary injunction as to the Gomez Defendants, or further order of the Court.
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Unless otherwise ordered, all provisions of the Gomez Stipulated TRO shall remain in place
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during the extension, including the asset freeze and appointment of the receiver Robb Evans &
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Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 4 of 9
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Associates LLC. The Gomez Defendants specifically reserve all rights and nothing herein shall
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be construed as an admission of any kind or impair Gomez Defendants’ right to assert any and
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all defenses they may have. The reason for the extension of the Gomez Stipulated TRO is to
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allow the Gomez Defendants and the FTC additional time to conduct compromise negotiations,
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and, if necessary, additional time to prepare for the preliminary injunction hearing on the FTC’s
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request for a preliminary injunction as to the Gomez Defendants.
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4.
All the deadlines for motions, memoranda, proposed orders, pleadings, responses
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or oppositions, and affidavits concerning the FTC’s request for preliminary injunction as to the
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Gomez Defendants set forth in Gomez Stipulated TRO issued on April 18, 2018 [ECF No. 57]
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are vacated and re-set as follows:
a.
The FTC shall file with the Court, and serve on counsel for the Gomez
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Defendants, its memorandum of law in support of its motion for preliminary injunction
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and a proposed preliminary injunction order as to the Gomez Defendants no later than
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Friday, May 11, 2018.
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b.
The Gomez Defendants shall file with the Court, and serve on
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Commission counsel, any pleadings concerning preliminary injunction, including
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responses or oppositions, affidavits, motions, expert reports or declarations, or legal
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memoranda no later than Friday, May 25, 2018.
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c.
The FTC may file with the Court, and serve on counsel for the Gomez
Defendants, its reply no later than Friday, June 1, 2018.
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Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 5 of 9
June 5, 2018 at 10:00 a.m.,
April 27, 2018
Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 6 of 9
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Miry Kim
Washington Bar # 31456
(Admitted pursuant to LR IA 11-3)
Tel. (202) 326-3622
Email: mkim@ftc.gov
Gregory J. Evans
DC Bar # 1033184
(Admitted pursuant to LR IA 11-3)
Tel. (202) 326-3425
Email: gevans2@ftc.gov
Federal Trade Commission
600 Pennsylvania Avenue, N.W.
Mail Drop CC-8528
Washington, D.C. 20580
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Attorneys for Plaintiff
FEDERAL TRADE COMMISSION
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Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 7 of 9
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CERTIFICATE OF SERVICE
I hereby certify that on April ___, 2018, I caused the foregoing document to be filed with
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the Clerk of the Court via the Court’s CM/ECF electronic filing system. Additionally, I served
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all of the counsel and parties listed on the attached Service List by the methods indicated therein.
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Roberto Anguizola
Attorney for Plaintiff
FEDERAL TRADE COMMISSION
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Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 8 of 9
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SERVICE LIST
Suzette Michele M. Moore
Shumaker
Bank of America Plaza, Suite 2800
101 East Kennedy Boulevard
Tampa, FL 33602
Tel. (813) 227-2272
Email: smoore@slk-law.com
Ronald D. Green (NV Bar No. 7360)
LaTeigra C. Cahill (NV Bar No. 14352)
Randazza Legal Group, PLLC
4035 S. El Capitan Way
Las Vegas, NV 89147
Tel. (702) 420 2001
Email: lcc@randazza.com,
rdg@randazza.com
Attorney for defendants AWS, LLC, FBA
Distributors, LLC, FBA Stores, LLC,
Info Pros, LLC, Online Auction Learning
Center, Inc. (Mass. Corp.), Online
Auction Learning Center, Inc. (Nev.
Corp.), Christopher F. Bowser, Adam S.
Bowser, and Jody Marshall
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Seeking admission Pro Hac Vice
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Served via email
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Attorney for defendants AWS, LLC,
FBA Distributors, LLC, FBA Stores,
LLC, Info Pros, LLC, Online Auction
Learning Center, Inc. (Mass. Corp.),
Online Auction Learning Center, Inc.
(Nev. Corp.), Christopher F. Bowser,
Adam S. Bowser, and Jody Marshall
Brick Kane
President
Robb Evans & Associates LLC
11450 Sheldon Street
Sun Valley, California 91352-1121
Tel: (818) 768-8100
Fax: (818) 768-8802
Email: bkane@robbevans.com
Served via email
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Gary Owen Caris
Barnes & Thornburg LLP
2029 Century Park E., Suite 300
Los Angeles, California 90067-2904
Tel. (424) 363-2920
Email: gcaris@btlaw.com
Court Appointed Receiver
Attorney for the Court Appointed
Receiver Robb Evans & Associates
LLC
Served via email
Served via email
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Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 9 of 9
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James C. Bastian, Jr.
Shulman Hodges & Bastian LLP
100 Spectrum Center Drive, Suite 600
Irvine, CA 92618
Tel. (949) 340-3400
Email: jbastian@shbllp.com
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Attorney for defendants Adams
Consulting, LLC, Global Marketing
Services L.L.C, and Jeffery A. Gomez
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Served via email
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