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Federal Trade Commission v. AWS, LLC

United States District Court, D. Nevada

April 4, 2019

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.

          Suzette Marteny Moore, Esq. S. Moore Law PLLC 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 Court Appointed Receiver

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

          Gary Owen Caris Barnes & Thornburg LLP Attorney for the Court Appointed Receiver Robb Evans & Associates LLC

          Michael F. Lynch, Esq. Lynch Law Practice, PLLC Attorney for the Court Appointed Receiver Robb Evans & Associates LLC

Lars K. Evensen, Esq. Nevada Bar No. 8061, Robert J. Cassity, Esq. Nevada Bar No. 9779, HOLLAND & HART LLP Thomas E. Pontes, Esq. (Admitted Pro Hac Vice) John D. Bowen, Esq. (Admitted Pro Hac Vice) WYNN & WYNN, P.C. Attorneys for Intervenor Bank of America, N.A.

STIPULATION AND ORDER EXTENDING THE DUE DATE OF THE SETTLEMENT PAYMENT REQUIRED BY THE STIPULATED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT AS TO DEFENDANTS ADAMS CONSULTING, LLC, GLOBAL MARKETING SERVICES L.L.C., AND JEFFREY A. GOMEZ

          HON. JAMES C. MAHAN, UNITED STATES DISTRICT JUDGE

         This matter comes before the Court upon the stipulation of the plaintiff Federal Trade Commission (“FTC”) and defendants Adams Consulting, LLC, Global Marketing Services L.L.C., and Jeffrey A. Gomez (collectively “Gomez Defendants”) for extension of the due date of the settlement payment required by the Stipulated Order for Permanent Injunction and Monetary Judgment entered on October 10, 2018 [ECF 107] (“Settlement Order”). The FTC and the Gomez Defendants, each of which is represented by counsel for purposes of this stipulation, HEREBY STIPULATE TO THE FOLLOWING:

         1. On October 10, 2018, the Court entered the Settlement Order as to the Gomez Defendants.

         2. The Settlement Order requires, among other things, that the Gomez Defendants pay the FTC One Million, Two-Hundred Fifty Thousand Dollars ($1, 250, 000) within 180 days of the entry of the Settlement Order, which is April 8, 2019.

         3. The Settlement Order requires, among other things, that the Gomez Defendants provide the FTC liens on, and security interests in, real and personal property until full payment of the settlement amount.

         4. On February 15, 2019, through counsel, the Gomez Defendants requested an extension of the due date for the payment required by the Settlement Order.

         5. Through counsel, the Gomez Defendants informed the FTC that Defendant Jeffrey A. Gomez needs additional time to facilitate the sale of real property in Upland, CA, and that the Gomez Defendants will use the proceeds of that sale to pay in full the $1, 250, 000 they owe to the FTC under the Settlement Order.

         6. The FTC and the Gomez Defendants stipulate and agree to extend the due date of the payment required by the ...


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