Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Federal Trade Commission v. AWS, LLC

United States District Court, D. Nevada

April 27, 2018

FEDERAL TRADE COMMISSION, Plaintiff,
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.

          Roberto Anguizola Illinois Bar # 6270874 (Admitted pursuant to LR IA 11-3) Miry Kim Washington Bar # 31456 (Admitted pursuant to LR IA 11-3), Gregory J. Evans DC Bar # 1033184 (Admitted pursuant to LR IA 11-3), Attorneys for Plaintiff FEDERAL TRADE COMMISSION

          Ronald D. Green (NV Bar No. 7360), LaTeigra C. Cahill (NV Bar No. 14352), Randazza Legal Group, PLLC Attorney for defendants AWS, LLC, FBA LLC Distributors, LLC, FBA Stores, LLC, Info Pros, LLC, Info Solutions, LLC, Online Auction Learning Center, Inc. (Mass. Corp.), Online Auction Learning Center, Inc. (Nev. Corp.), Christopher F. Bowser, Adam S. Bowser, and Jody Marshall

          James C. Bastian, Jr. Shulman Hodges & Bastian LLP Attorney for defendants Adams Consulting, LLC, Global Marketing Services L.L.C, and Jeffery A. Gomez

          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

          HONORABLE JAMES C. MAHAN UNITED STATES DISTRICT JUDGE

         This matter comes before the Court upon the stipulation of all the parties, including plaintiff Federal Trade Commission (“FTC”), and defendants AWS, LLC, Adams Consulting, LLC, FBA Distributors, LLC, FBA Stores, LLC, Global Marketing Services L.L.C., Info Pros, LLC, Info Solutions, LLC, Online Auction Learning Center, Inc. (Mass. Corp.), Online Auction Learning Center, Inc. (Nev. Corp.), Christopher F. Bowser, Adam S. Bowser, Jody Marshall, and Jeffrey A. Gomez (collectively “Defendants”), for: (i) further extension of the Temporary Restraining Order issued at 1:30 p.m. on March 14, 2018 [ECF No. 29] (“Original TRO”) against defendants AWS, LLC, FBA Distributors, LLC, FBA Stores, LLC, Info Pros, LLC, Info Solutions, LLC, [1] Online Auction Learning Center, Inc. (Mass. Corp.), Online Auction Learning Center, Inc. (Nev. Corp.), Christopher F. Bowser, Adam S. Bowser, and Jody Marshall (collectively “Bowser Defendants”); (ii) extension of the Stipulated Temporary Restraining Order issued on April 18, 2018 [ECF No. 57] (“Gomez Stipulated TRO”) against defendants Adams Consulting, LLC, Global Marketing Services L.L.C., and Jeffrey A. Gomez (collectively “Gomez Defendants”); (iii) vacating the evidentiary hearing on the FTC's motion for preliminary injunction as to the Bowser Defendants; and (iv) extending the briefing schedule and setting an evidentiary hearing on the FTC's motion for a preliminary injunction as to the Gomez Defendants. The FTC and Defendants, each of which is represented by counsel for purposes of this stipulation, HEREBY STIPULATE TO THE FOLLOWING:

         1. The duration of the Original TRO [ECF No. 29] is extended and shall remain in place by consent of the Bowser Defendants until the Court issues a ruling on the FTC's request for a preliminary injunction, or further order of the Court. Unless otherwise ordered, all provisions of the Original TRO shall remain in place during the extension, including the asset freeze and appointment of the receiver Robb Evans & Associates LLC. Defendants specifically reserve all rights and nothing herein shall be construed as an admission of any kind or impair Defendants' right to assert any and all defenses they may have. The reason for the extension of the Original TRO is to allow the FTC to review and, if appropriate, approve a stipulated final order for permanent injunction and monetary relief as to the Bowser Defendants (“Bowser Stipulated Final Order”). FTC counsel are submitting the Bowser Stipulated Final Order to the FTC for review and approval, and are informed that the approval process could take up to eight weeks. If the FTC approves the Bowser Stipulated Final Order, it will be filed for approval by the Court. If approved by the FTC and the Court, the Bowser Stipulated Final Order will resolve all disputes between the FTC and the Bowser Defendants.

         2. The evidentiary hearing on Plaintiff Federal Trade Commission's motion for preliminary injunction set for May 17, 2018 [ECF No. 60] is vacated and re-scheduled as set forth below only as to the Gomez Defendants. All deadlines for motions, memoranda, proposed orders, pleadings, responses or oppositions, and affidavits concerning the FTC's motion for preliminary injunction as to the Bowser Defendants set forth in the Second Stipulation and Order Extending the Duration of the Temporary Restraining and Postponing Preliminary Injunction Hearing [ECF No. 49] are vacated until further order of the Court.

         3. The duration of the Gomez Stipulated TRO [ECF No. 57] is extended and shall remain in place by consent of the Gomez Defendants until the Court issues a ruling on the FTC's request for a preliminary injunction as to the Gomez Defendants, or further order of the Court. Unless otherwise ordered, all provisions of the Gomez Stipulated TRO shall remain in place during the extension, including the asset freeze and appointment of the receiver Robb Evans & Associates LLC. The Gomez Defendants specifically reserve all rights and nothing herein shall be construed as an admission of any kind or impair Gomez Defendants' right to assert any and all defenses they may have. The reason for the extension of the Gomez Stipulated TRO is to allow the Gomez Defendants and the FTC additional time to conduct compromise negotiations, and, if necessary, additional time to prepare for the preliminary injunction hearing on the FTC's request for a preliminary injunction as to the Gomez Defendants.

         4. All the deadlines for motions, memoranda, proposed orders, pleadings, responses or oppositions, and affidavits concerning the FTC's request for preliminary injunction as to the Gomez Defendants set forth in Gomez Stipulated TRO issued on April 18, 2018 [ECF No. 57] are vacated and re-set as follows:

a. The FTC shall file with the Court, and serve on counsel for the Gomez Defendants, its memorandum of law in support of its motion for preliminary injunction and a proposed preliminary injunction order as to the Gomez Defendants no later than Friday, May 11, 2018.
b. The Gomez Defendants shall file with the Court, and serve on Commission counsel, any pleadings concerning preliminary injunction, including responses or oppositions, affidavits, motions, expert reports or declarations, or legal memoranda no later than Friday, May 25, 2018.
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.

         5. The evidentiary hearing on Plaintiff Federal Trade Commission's motion for preliminary injunction as to the Gomez Defendants is set for June 5, 2018 at 10:00 a.m., at the United States Courthouse, 333 S. Las Vegas Blvd., Las Vegas, NV 89101 in Courtroom 6A.

         IT ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.