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Federal Trade Commission v. AWS, LLC, 2:18-cv-00442-JCM-PAL. (2018)

Court: District Court, D. Nevada Number: infdco20180410b15 Visitors: 5
Filed: Apr. 09, 2018
Latest Update: Apr. 09, 2018
Summary: SECOND STIPULATION AND ORDER EXTENDING THE DURATION OF THE TEMPORARY RESTRAINING ORDER AND POSTPONING PRELIMINARY INJUNCTION HEARING JAMES C. MAHAN , District Judge . This matter comes before the Court upon the stipulation of all the parties, including plaintiff Federal Trade Commission ("FTC"), and 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.
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SECOND STIPULATION AND ORDER EXTENDING THE DURATION OF THE TEMPORARY RESTRAINING ORDER AND POSTPONING PRELIMINARY INJUNCTION HEARING

This matter comes before the Court upon the stipulation of all the parties, including plaintiff Federal Trade Commission ("FTC"), and 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 (collectively "Defendants"), for: (i) further extension of the Temporary Restraining Order ("TRO") issued against Defendants at 1:30 p.m. on March 14, 2018 [ECF No. 29]; and (ii) further postponement of the evidentiary hearing on the FTC's motion for a preliminary injunction. The FTC and Defendants, each of which is represented by counsel for purposes of this stipulation, HEREBY STIPULATE TO THE FOLLOWING:

1. The duration of the TRO is extended until the Court issues a ruling on the FTC's request for a preliminary injunction, or further order of the Court. Unless otherwise ordered, all provisions of the TRO shall remain in place during the extension, including the asset freeze and appointment of the receiver Robb Evans & Associates LLC. The requested extension is without prejudice to Defendants. The reason for the extension of the TRO is to allow the Defendants additional time to prepare for the preliminary injunction hearing, and to allow the FTC and the Defendants additional time to conduct compromise negotiations. Defendants specifically reserve all rights and nothing herein shall be construed as an admission of any kind or impair Defendants' right to assert any and all defenses they may have.

2. The evidentiary hearing on Plaintiff Federal Trade Commission's motion for preliminary injunction set for April 18, 2018 [see ECF No. 37], is vacated and re-set for May 3, 2018, at 11:00 am `at the United States Courthouse, 333 S. Las Vegas Blvd., Las Vegas, NV 89101 in Courtroom 6A.

3. A status conference is set for April ___, 2018 at ___________ PST. Counsel may appear at the status conferen ce by telephone. Counsel may call __________________, code ___________, password ______________. During the st atus conference, counsel should be prepared to discuss: (1) the witnesses and evidence they intend to present during the preliminary injunction hearing; (2) the amount of time they expect to need to present evidence during the preliminary injunction hearing; and (3) whether any witnesses will seek to testify by contemporaneous transmission from a different location.

4. The FTC filed a proposed preliminary injunction order on March 29, 2018 [ECF No. 41-1]. All the other deadlines for briefs and affidavits concerning the FTC's motion for preliminary injunction set forth in the Stipulation and Order Extending the Duration of the Temporary Restraining and Postponing Preliminary Injunction Hearing [ECF No. 37] are vacated and re-set as follows:

a. Defendants shall file with the Court, and serve on FTC counsel, any pleadings concerning preliminary injunction, including responses or oppositions, affidavits, motions, expert reports or declarations, or legal memoranda no later than April 20, 2018. b. The FTC may reply and file responsive or supplemental pleadings, materials, affidavits, or memoranda with the Court and serve the same on Defendants no later than April 27, 2018.

IT IS SO ORDERED.

IT IS SO STIPULATED.

Source:  Leagle

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