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Federal Trade Commission v. Aws, LLC

United States District Court, D. Nevada

June 25, 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; 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 Commission

          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

          LYNCH 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)]

         This 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 following:

         RECITALS

         A. In September 2018, plaintiff Federal Trade Commission (“FTC”) filed a Stipulation and Order Allowing Bank of America, N.A. to Intervene and File Complaint-in-Intervention (“Intervention Stipulation”).

         B. On September 27, 2018, the Court entered an order approving the Intervention Stipulation and ordering the Bank's Complaint-in-Intervention filed (Doc. No. 96).

         C. On September 28, 2018, the Bank filed its Complaint-in-Intervention (Doc. No. 97).

         D. On 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. 108).

         E. On November 5, 2018, the FTC filed an answer to the Bank's Complaint-in-Intervention (Doc. No. 109).

         F. On November 20, 2018, the Receiver filed an answer to the Bank's Complaint-in-Intervention (Doc. No. 110).

         G. The 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.

         H. The 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.

         I. The Settlement provides for the Bank's Complaint-in-Intervention ...


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