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

May 7, 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; ONLINE AUCTION LEARNING CENTER, INC., a Massachusetts corporation; ONLINE AUCTION LEARNING CENTER, INC., a Nevada corporation; CHRISTOPHER F. BOWSER, individually and as an officer of FBA DISTRIBUTORS, LLC, FBA STORES, LLC, INFO SOLUTIONS, LLC, ONLINE AUCTION LEARNING CENTER, INC. and ONLINE AUCTION LEARNING CENTER, INC.; ADAM S. BOWSER, individually and as an officer of AWS, LLC, FBA DISTRIBUTORS, LLC, FBA STORES, LLC, INFO SOLUTIONS, LLC, ONLINE AUCTION LEARNING CENTER, INC. and ONLINE AUCTION LEARNING CENTER, INC.; JODY L. MARSHALL, individually and as an officer of INFO PROS, LLC and INFO SOLUTIONS, LLC; and JEFFERY A. GOMEZ, a/k/a JEFF ADAMS or JEFF ADAM, individually and as an officer of ADAMS CONSULTING, LLC and GLOBAL MARKETING SERVICES L.L.C., Defendants.

          Michael F. Lynch (NV SBN 8555) LYNCH LAW PRACTICE, PLLC Gary Owen Caris (CA SBN 088918) BARNES & THORNBURG LLP Attorneys for Temporary Receiver ROBB EVANS & ASSOCIATES LLC

          STIPULATION TO VACATE REAL PROPERTY AND REJECT REAL PROPERTY LEASES, AND TO AUTHORIZE TEMPORARY RECEIVER TO SELL OR ABANDON PERSONAL PROPERTY OF THE RECEIVERSHIP ENTITIES

          JAMES C. MAHAN United States District Judge

         Receivership Entities AWC, LLC, a Nevada limited liability company, FBA Distributors, LLC, a Massachusetts limited liability company, FBA Stores, LLC, a Nevada limited liability company, Info Pros, LLC, A Nevada limited liability company, Online Auction Learning Center, Inc., a Massachusetts corporation, Online Auction Learning Center, Inc., a Nevada corporation, Info Solutions, LLC, a Nevada limited liability company (collectively, the "Receivership Entities"), individual defendants Christopher F. Bowser, Adam S. Bowser and Jody Marshall (collectively, the "Individual Defendants, " and together with the Receivership Entities, the "Stipulating Defendants"), by and through their attorneys of record, Randazza Legal Group, PLLC, by Ronald D. Green, Jr., and Temporary Receiver, Robb Evans & Associates LLC ("Temporary Receiver"), by and through its attorneys of record, Barnes & Thornburg LLP, by Gary Owen Caris, enter into this Stipulation to Vacate Real Property and Reject Real Property Leases, and to Authorize Temporary Receiver to Sell or Abandon Personal Property of the Receivership Entities ("Stipulation") in reference to and in consideration of the following:

         RECITALS

         A. Robb Evans & Associates LLC became Temporary Receiver over all of the Receivership Entities pursuant to the Temporary Restraining Order ("TRO") entered March 14, 2018 (Doc.29). Pursuant to the TRO, the Temporary Receiver took possession and control of the Receivership Entities on March 16, 2018.

         B. At the inception of the receivership, the Receivership Entities had various interests in real property as tenants or lessees, as follows:

1. Online Auction Learning Center entered into a commercial lease of the real property commonly known as 293 Libbey Industrial Parkway, Weymouth, Massachusetts ("Weymouth Property"). The lease is for a term of three years, commencing November 15, 2015. The current monthly rent is $11, 893.00.
2. FBA Stores, LLC, entered into a commercial lease of the real property commonly known as 3165 N. Moapa Valley Blvd., Logandale, Nevada ("Logandale Property") on June 1, 2017. The lease agreement is a month-to-month tenancy. The current monthly rent is $1, 850.00.
3. FBA Stores, LLC entered into a lease agreement of the real property commonly known as 350 South 400 West, Lindon, Utah ("Lindon Property"). The lease agreement is a month-to-month tenancy, commencing December 16, 2017. The current monthly rent is $8, 594.63.
4. Info Pros, LLC entered into a commercial lease agreement of the real property commonly known as 197 E. California Ave. #260, Las Vegas, Nevada ("Las Vegas Property"). The lease is for a term of five years, commencing January 1, 2018. The base monthly rent is $2, 501.03.
5. FBA Stores, LLC entered into an office building lease of the real property commonly known as 440 N. Mountain Ave., Suite 212, Upland, California ("Upland Property"). The lease is for a term of 38 months, commencing June 1, 2017. The base monthly rent is $3, 960.60. (The Weymouth Property, Logandale Property, Lindon Property, Las Vegas Property and Upland Property arc collectively referred to as the "Leased Premises." The agreements referred to in subparagraphs B.l through B.5 are collectively referred to as the "Lease Agreements.")

         C. The assets of the Receivership Entities include various items of personal property located at the Leased Premises, although little or no personal property of the Receivership Entities is located at the Las Vegas Property and the Upland Property. The personal property is of limited value and primarily consists of office furniture, office equipment and warehouse equipment ("Receivership Entities Personal Property").

         D. The Stipulating Defendants have entered into a settlement with the plaintiff, Federal Trade Commission ("FTC"), subject to approval of the FTC. Pursuant to the settlement, the Stipulating Defendants do not intend to operate businesses or otherwise have need for any of the Leased Premises. In order to reduce the ongoing administrative expenses of the receivership estate, the Stipulating Defendants and the Temporary Receiver agree that it is beneficial for the Temporary Receiver to vacate the Leased Premises as soon as practical and to reject the Lease Agreements, as may be necessary or appropriate. Furthermore, in light of the tentative settlement with the FTC, the diminishing value of the Receivership Entities Personal Property over time, and in connection with vacating the Leased Premises, the Stipulating Defendants and the Temporary Receiver agree that it is beneficial for the Temporary Receiver to take steps to liquidate or abandon the Receivership Entities Personal Property as soon as practicable.

         NOW THEREFORE, in consideration of the foregoing, the Stipulating Defendants and the Temporary Receiver, by and through their ...


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.