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130307hnktro

130307hnktro

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Published by Bennet Kelley
ftc complaint
ftc complaint

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Published by: Bennet Kelley on Mar 13, 2013
Copyright:Attribution Non-commercial

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03/13/2013

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UNITED STATES
DISTRICT COURT
J;..M~~
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THE
NORTHERN
DISTRICT
OF
GEORGIA
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ATLANTA DIVISION
FILED IN
OPEN
COURT
U.S
.O.
C.
Atlanta
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FEDERAL TRADE COMMISSION,Plaintiff,Case No.
JAMES
N.
HATTEN,
Clerk
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v.
))))))))))
1
13-CV-
064
'
7'
HENRY NOLAN KELLY, individuallyDefendant.
fPROPOSEDf
TEMPORARYRESTRAININGORDER
WITH OTHER
EQUITABLE
RELIEF
AND
ORDER
TO SHOW
CAUSE
WHY
A
PRELIMINARY INJUNCTION
SHOULD NOT ISSUE
Plaintiff, the Federal Trade Commission ("FTC"
or
"Commission"), havingfiled its Complaint for Permanent Injunction and Other Equitable Relief in thismatter, pursuant to Section 13(b)
of
the Federal Trade Commission Act ("FTCAct"),
15
U.S.C.
§
53(b), and having moved for a Temporary Restraining Orderwith Other Equitable Relief, and an Order to Show Cause Why a PreliminaryInjunction Should
Not
Issue pursuant to Rule 65
of
the Federal Rules
of
CivilProcedure, and the Court having considered the Complaint, declarations, exhibits,
and
memorandum
of
law filed in support
of
such motion, and now being advised in
 
the premises, finds that:FINDINGS
1.
This Court has jurisdiction over the subject matter
of
this case, and there isgood cause
to
believe it will have jurisdiction over the parties.2. Venue lies properly with this Court.3. There
is
good cause
to
believe that Defendant Henry Nolan Kelly("Defendant") has engaged in, and is likely to engage in the future in, acts andpractices that violate Section 5(a)
of
the FTC Act,
15
U.S.C. § 45(a), and that theCommission is therefore likely to prevail on the merits
of
this action.4. There
is
good cause to believe that immediate and irreparable damage
to
theCourt's ability
to
grant effective final relief for consumers in the form
of
monetaryrestitution will occur from the sale, transfer, assignment, or other disposition orconcealment by Defendant
of
his assets or records unless Defendant is immediatelyrestrained and enjoined by order
of
this Court. Therefore, there
is
good cause for
---
4-
he-entry of-the..ancillary relief.containedin-this-Order,-including-an-
.or.der
---
preserving Defendant's assets and prohibiting Defendant from destroying records.
5.
Weighing the equities and considering the Commission's likelihood
of
ultimate success, this Temporary Restraining Order
is
in the public interest.
6.
No security
is
required
of
any agency
of
the United States for the issuance
of
2
 
a temporary restraining order.
See
Fed.
R.
Civ. P. 65(c).
DEFINITIONS
For purposes
of
this Temporary Restraining Order ("Order"), the followingdefinitions shall apply:7.
"Asset"
or "Assets" means any legal or equitable interest in, right to, orclaim to, any real or personal property, including, but not limited to, "goods,""instruments," "equipment," "fixtures," "general intangibles," "inventory,""checks," or "notes" (as these terms are defmed in the Uniform CommercialCode), lines
of
credit, chattels, leaseholds, contracts, mail
or
other deliveries,shares
of
stock, lists
of
consumer names, accounts, credits, premises, receivables,funds, and all cash, wherever located.
8.
"Assisting
others"
includes, but is not limited to: (a) performing customerservice functions, including, but not limited to, receiving or responding toconsumer complaints; (b) formulating or providing, or arranging for the
______
£ormulation_or:.proYisioiLof,_an_y
_sales..scripLor-other-marketing.material;-(c),
------
providing names of, or assisting in the generation of, potential customers,including, but not limited to, the sending
of
text messages
or
email messages; (d)verifying, processing, fulfilling, or arranging for the fulfillment
of
orders; (e)performing or providing marketing, billing, or collection services
of
any kind,
3

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