Federal Trade Commission v. AWS, LLC et al

Filing 63

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)

Download PDF
Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 1 of 9 1 2 3 4 5 6 7 8 9 10 11 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 12 13 14 15 16 17 18 19 20 21 22 23 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. 1 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 1 2 plaintiff Federal Trade Commission (“FTC”), and defendants AWS, LLC, Adams Consulting, 3 LLC, FBA Distributors, LLC, FBA Stores, LLC, Global Marketing Services L.L.C., Info Pros, 4 LLC, Info Solutions, LLC, Online Auction Learning Center, Inc. (Mass. Corp.), Online Auction 5 Learning Center, Inc. (Nev. Corp.), Christopher F. Bowser, Adam S. Bowser, Jody Marshall, and 6 Jeffrey A. Gomez (collectively “Defendants”), for: (i) further extension of the Temporary 7 Restraining Order issued at 1:30 p.m. on March 14, 2018 [ECF No. 29] (“Original TRO”) 8 against defendants AWS, LLC, FBA Distributors, LLC, FBA Stores, LLC, Info Pros, LLC, Info 9 Solutions, LLC, 1 Online Auction Learning Center, Inc. (Mass. Corp.), Online Auction Learning 10 Center, Inc. (Nev. Corp.), Christopher F. Bowser, Adam S. Bowser, and Jody Marshall 11 (collectively “Bowser Defendants”); (ii) extension of the Stipulated Temporary Restraining 12 Order issued on April 18, 2018 [ECF No. 57] (“Gomez Stipulated TRO”) against defendants 13 Adams Consulting, LLC, Global Marketing Services L.L.C., and Jeffrey A. Gomez (collectively 14 “Gomez Defendants”); (iii) vacating the evidentiary hearing on the FTC’s motion for preliminary 15 injunction as to the Bowser Defendants; and (iv) extending the briefing schedule and setting an 16 evidentiary hearing on the FTC’s motion for a preliminary injunction as to the Gomez 17 Defendants. The FTC and Defendants, each of which is represented by counsel for purposes of 18 this stipulation, HEREBY STIPULATE TO THE FOLLOWING: 19 1. The duration of the Original TRO [ECF No. 29] is extended and shall remain in 20 place by consent of the Bowser Defendants until the Court issues a ruling on the FTC’s request 21 for a preliminary injunction, or further order of the Court. Unless otherwise ordered, all 22 23 1 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. 2 Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 3 of 9 1 provisions of the Original TRO shall remain in place during the extension, including the asset 2 freeze and appointment of the receiver Robb Evans & Associates LLC. Defendants specifically 3 reserve all rights and nothing herein shall be construed as an admission of any kind or impair 4 Defendants’ right to assert any and all defenses they may have. The reason for the extension of 5 the Original TRO is to allow the FTC to review and, if appropriate, approve a stipulated final 6 order for permanent injunction and monetary relief as to the Bowser Defendants (“Bowser 7 Stipulated Final Order”). FTC counsel are submitting the Bowser Stipulated Final Order to the 8 FTC for review and approval, and are informed that the approval process could take up to eight 9 weeks. If the FTC approves the Bowser Stipulated Final Order, it will be filed for approval by 10 the Court. If approved by the FTC and the Court, the Bowser Stipulated Final Order will resolve 11 all disputes between the FTC and the Bowser Defendants. 12 2. The evidentiary hearing on Plaintiff Federal Trade Commission’s motion for 13 preliminary injunction set for May 17, 2018 [ECF No. 60] is vacated and re-scheduled as set 14 forth below only as to the Gomez Defendants. All deadlines for motions, memoranda, proposed 15 orders, pleadings, responses or oppositions, and affidavits concerning the FTC’s motion for 16 preliminary injunction as to the Bowser Defendants set forth in the Second Stipulation and Order 17 Extending the Duration of the Temporary Restraining and Postponing Preliminary Injunction 18 Hearing [ECF No. 49] are vacated until further order of the Court. 19 3. The duration of the Gomez Stipulated TRO [ECF No. 57] is extended and shall 20 remain in place by consent of the Gomez Defendants until the Court issues a ruling on the FTC’s 21 request for a preliminary injunction as to the Gomez Defendants, or further order of the Court. 22 Unless otherwise ordered, all provisions of the Gomez Stipulated TRO shall remain in place 23 during the extension, including the asset freeze and appointment of the receiver Robb Evans & 3 Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 4 of 9 1 Associates LLC. The Gomez Defendants specifically reserve all rights and nothing herein shall 2 be construed as an admission of any kind or impair Gomez Defendants’ right to assert any and 3 all defenses they may have. The reason for the extension of the Gomez Stipulated TRO is to 4 allow the Gomez Defendants and the FTC additional time to conduct compromise negotiations, 5 and, if necessary, additional time to prepare for the preliminary injunction hearing on the FTC’s 6 request for a preliminary injunction as to the Gomez Defendants. 7 4. All the deadlines for motions, memoranda, proposed orders, pleadings, responses 8 or oppositions, and affidavits concerning the FTC’s request for preliminary injunction as to the 9 Gomez Defendants set forth in Gomez Stipulated TRO issued on April 18, 2018 [ECF No. 57] 10 11 are vacated and re-set as follows: a. The FTC shall file with the Court, and serve on counsel for the Gomez 12 Defendants, its memorandum of law in support of its motion for preliminary injunction 13 and a proposed preliminary injunction order as to the Gomez Defendants no later than 14 Friday, May 11, 2018. 15 b. The Gomez Defendants shall file with the Court, and serve on 16 Commission counsel, any pleadings concerning preliminary injunction, including 17 responses or oppositions, affidavits, motions, expert reports or declarations, or legal 18 memoranda no later than Friday, May 25, 2018. 19 20 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. 21 22 23 4 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 1 2 3 4 5 6 7 8 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 9 10 Attorneys for Plaintiff FEDERAL TRADE COMMISSION 11 12 13 14 15 16 17 18 19 20 21 22 23 6 Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 7 of 9 1 2 CERTIFICATE OF SERVICE I hereby certify that on April ___, 2018, I caused the foregoing document to be filed with 3 the Clerk of the Court via the Court’s CM/ECF electronic filing system. Additionally, I served 4 all of the counsel and parties listed on the attached Service List by the methods indicated therein. 5 6 7 Roberto Anguizola Attorney for Plaintiff FEDERAL TRADE COMMISSION 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 7 Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 8 of 9 1 2 3 4 5 6 7 8 9 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 10 Seeking admission Pro Hac Vice 11 Served via email 12 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 13 14 15 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 16 17 18 19 20 21 22 23 8 Case 2:18-cv-00442-JCM-PAL Document 61 Filed 04/26/18 Page 9 of 9 1 2 3 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 4 5 Attorney for defendants Adams Consulting, LLC, Global Marketing Services L.L.C, and Jeffery A. Gomez 6 Served via email 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 9

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?