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Federal Trade Commission v. Aws, LLC
United States District Court, D. Nevada
June 25, 2019
FEDERAL TRADE COMMISSION, Plaintiff,
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.
FEDERAL TRADE COMMISSION Claire Wack Miry Kim Gregory J.
Evans, Claire Wack Maryland Attorney, Miry Kim, Gregory J.
Evans FEDERAL TRADE COMMISSION Attorneys for Federal Trade
HOLLAND & HART LLP, Lars K. Evensen, Esq., Robert J.
Cassity, Esq., HOLLAND & HART LLP WYNN & WYNN, P.C.,
Thomas E. Pontes (Admitted Pro Hac Vice) John D. Bowen
(Admitted Pro Hac Vice) Attorneys for Bank of America, N.A
LAW PRACTICE, PLLC MICHAEL F. LYNCH LESLEY ANNE HAWES Lesley
Anne Hawes Admitted Pro Hac Vice Attorneys for Receiver Robb
Evans & Associates, LLC
STIPULATION FOR DISMISSAL WITH PREJUDICE OF BANK OF
AMERICA, N.A.'S COMPLAINT-IN-INTERVENTION PURSUANT TO
SETTLEMENT [F.R. CIV. P. 41(a)(1)(A)(ii)]
Stipulation for Dismissal of Bank of America's
Complaint-in-Intervention with Prejudice Pursuant to
Settlement (“Stipulation”) is made by and among
the Federal Trade Commission (“FTC”), plaintiff
in the underlying action, Bank of America, N.A.
(“Bank”), the party filing the
Complaint-in-Intervention, and Robb Evans & Associates
LLC as Receiver (“Receiver”) in reference to the
September 2018, plaintiff Federal Trade Commission
(“FTC”) filed a Stipulation and Order Allowing
Bank of America, N.A. to Intervene and File
September 27, 2018, the Court entered an order approving the
Intervention Stipulation and ordering the Bank's
Complaint-in-Intervention filed (Doc. No. 96).
September 28, 2018, the Bank filed its
Complaint-in-Intervention (Doc. No. 97).
October 5, 2018, the Receiver and the Bank entered into a
stipulation extending the deadline for the Receiver to
respond to the Complaint-in-Intervention which was approved
by the Court by Order entered October 11, 2018 (Doc. No.
November 5, 2018, the FTC filed an answer to the Bank's
Complaint-in-Intervention (Doc. No. 109).
November 20, 2018, the Receiver filed an answer to the
Bank's Complaint-in-Intervention (Doc. No. 110).
parties have informally exchanged information and authorities
related to their respective positions on the issues raised in
the complaint-in-intervention and the Bank's right to
recover funds turned over to the estate totaling over $1.7
million based on, among other things, outstanding amounts
owed to the Bank by certain receivership defendants as
alleged in the Bank's Complaint-in-Intervention.
Receiver has entered into a Settlement Agreement and Release
(“Settlement”) with the Bank which the FTC has
reviewed. The FTC has advised the parties that it has no
objection to the Receiver's Settlement with the Bank.
Settlement provides for the Bank's