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Federal Trade Commission v. AWA, 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; 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 Angiuzola 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) Federal Trade Commission 600 Pennsylvania Avenue, N.W. Attorneys for Plaintiff FEDERAL TRADE COMMISSION

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

          STIPULATION AND ORDER EXTENDING THE DURATION OF THE TEMPORARY RESTRAINING ORDER AND SETTING PRELIMINARY INJUNCTION HEARING AS TO DEFENDANTS ADAMS CONSULTING, LLC, GLOBAL MARKETING SERVICES L.L.C., AND JEFFREY A. GOMEZ

          HONRABLE JAMES C. MAHAN UNITED STATES DISTRICT JUDGE

         This matter comes before the Court upon the stipulation of plaintiff Federal Trade Commission ("FTC"), and defendants Adams Consulting, LLC, Global Marketing Services L.L.C., and Jeffrey A. Gomez (collectively "Gomez Defendants'"), for: (i) further extension of the Stipulated Temporary Restraining Order issued on April 18, 2018 [ECF No. 57] ("Gomez Stipulated TRO") against the Gomez Defendants; and (iii) extending the briefing schedule and re-scheduling the evidentiary hearing on the FTC's motion for a preliminary injunction as to the Gomez Defendants. The FTC and the Gomez Defendants, each of which is represented by counsel for purposes of this stipulation, HEREBY STIPULATE TO THE FOLLOWING:

         1. 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.

         2. 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 the Stipulation and Order Extending the Duration of the Temporary Restraining Orders and Setting Preliminary Injunction Hearing as to Defendants Adams Consulting, LXC, Global Marketing Services L.L.C., and Jeffrey A. Gomez entered on April 27, 2018 [ECF No. 63] 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 Gome/, Defendants no later than Friday, May 25, 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, June 8, 2018.
c. The FTC may file with the Court, and serve on counsel for the Gomez Defendants, its reply no later than Friday, June 15, 2018.

         3. The evidentiary hearing on Plaintiff Federal Trade Commission's motion for preliminary injunction as to the Gomez Defendants currently scheduled for Tuesday, June 5, 2018 is vacated and is rescheduled to June2l, 2018, at 10:30 am PST at the United Slates Courthouse, 333 S. Las Vegas Blvd., Las Vegas, NV 89101 in Courtroom 6A.

         IT IS SO ORDERED

         IT IS ...


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