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Goodwin - Final Consent Judgment Executed and Filed

Goodwin - Final Consent Judgment Executed and Filed

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Published by Anthony Campisi

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Published by: Anthony Campisi on May 07, 2012
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07/18/2013

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JEFFREY
S.
CHIESAATTORNEYGENERAL
OF
NEW
JERSEY
Division
of
Law
l24lHalsey
Street
-
Floor
P.O.
Box
45029
Newark, New
Jersey 07101
Attorneysfor
Plaintiffs
By:
Lorraine
K.
Rak
Deputy
Attomey
General
Chief,
ConsumerFraudProsecution
(973)
877-1280
JEFFREYS.
CHIESA, Attomey
General
of
the
;
State
of New
Jersey,
and SFIARON
M.
JOYCE,
i
Acting
Director
of
the
New
Jersey
Division
of
Consumer Afflairs,
Plaintiffs,
v.
SAMUEL
E.
GOODWIN,
TTT,
JANE
AND
JOHNDOES
1-10,
individually
and
as olilners,
offrcers,directors,
shareholders,
founders,
mangers,
agents,
servants,
employees,representatives
and./or
independentcontractors
ofSAMUEL
E.
GOODWIN,
il,
and
XYZ
CORPORATIONS
1-10,
FILED
þ
|AR
2
v
?ç12
Rhhard
S.
Hoffman,
J.S.C.
SUPERIOR
COURT
OF
NEV/
JERSEY
LAW
DTVISION,GLOUCESTER
COUNTY
DOCKET NO. L-485-08
Civil
Action
F'INAL
CONSENT JT]DGMENT
Defendants.
\ryHEREASThe
parties
to
thisFinal
Consent Judgment
("ConsentJudgment")
are
Jeffrey
S.
Chiesa,
Attomey
General
of
the
State
of New
Jersey,
and
Sharon
M.
Joyce,
Acting
 
Director
of
the
New
Jersey
Division
of
Consumer
Affairs
(collectively,
"New
Jersey
Attorney
General's
Office"),I
and
Samuel
E.
Goodwin,III
("Goodwin")
(collectively,"Parties");
\ryHEREAS
on
August
14,2007,the
New
Jersey
Attomey
General's
Office
commenced
this
Action
allegingthat Goodwinviolated
the
New
Jersey
ConsumerFraud
Act,N.J.S.A.
56:8-1et
!eq.
("CFA"),
through
his
solicitation
of
Consumers
in New
Jersey
to
submit applications
for
the
release
of
Surplus Funds;
\ilHEREAS
Goodwin
denied
all
material
allegations
asserted
by
the
New
Jersey
Attorney
General's
Office
in
the
Action;
WHEREAS
bya
Final
Judgment
and
Order,dated
and
filed
September
27,
2010
(*9127110
Final
Judgment
and Order"),theHonorable Arure
McDonnell,
J.S.C.granted
in
part
and denied
in
part
the
New
Jersey
Attomey
General's
Offrce's Motion
for
SummaryJudgment,
findingthat
Goodwinviolated
the CFA by
misrepresenting
to
Consumers
that
their
SurplusFundscould
be
lost
to
the
State
if
immediateaction were not taken;
WIIEREAS
by
a
Final
Judgmentand Order,
dated
and
filed
June
30,
20ll
(*6130lll
Final
Judgmentand
Order"),the HonorableRichard
S.
Hoffrnan,
J.S.C.grantedthe
New
Jersey
Attorney
General's
Office's
Renewed
Motion for
SummaryJudgment
in itsentirety,
amongother
things,
finding
that Goodwin's
recovery
of
amounts
ranging
from
$5,400
to
$56,540
as
a
result
of
a:ranging
for
the
fitingof
SurplusFunds
applications
comprises anunconscionable
commercial
practice
in
violation
of
the CFA,providing
for
a
permanent
injunction
as
well
as
awarding
1
This
action
\¡/as
commenced
on
behalf
ofAnne
Milgram,
former
Attomey
General
of
the
State
of New
Jersey
("Attorney
General"),
and
Stephen
B.
Nolan,
forrner
ActingDirectorof
the
New
Jersey
Divisionof
Consumer
Affairs
("Director").
Pwsuant
to
R.
4:34-4,the
caption
has
beenrevised
to reflect
the current
Attorney
General
and
Acting
Director.
2
 
Consumer
restitution,
civil
penaltiesandreimbursement
of
attorneys'fees
andinvestigative
costs;
WHEREAS
byNotice
of
Appeal,
datedand
filed
AugustL5,20L1,
Goodwin
appealed
from
the
glzTtto
Final
Judgment
and
order
and
the
6t3oll1,
Final
Judgmentand
orderto
the
Superior
Court
of
New
Jersey,
Appellate
Division
("Appellate
Division"),
and
the
appeal
wasassigned
Docket
No.A-6039-10T1
("Appeal");
![IHEREAS
rhe Partieshave
not
yet
filed
briefs
in
the
Appeal;
and
WIIEREAS
the
Partiesdesire
to
resolve
the
Appeal
to
avoid
the
costs,
expenses'
distractions,
risks
and
delays
associated
therewith
and
have
reached
an
amicable
agreement
resolving
theissues
in
controversy
and
concludingthis
matter
without
theneed
for
furtheraction'
IT
IS
HEREBY
ORDERED,ADJUDGED
ANDAGREED
AS
FOLLOWS:
L
.ruRISDICTION
1.1
The
Parties
admit
jurisdiction
of
thisCourt
over
the
subject
matter
and
over
theparties
for
the
purpose
of
entering
intothis
Consent
Judgment.
The
Court
retains
jurisdiction
for
thepurpose
of
enablingtheParties
to
apply
to
the Courtatanyt'me
for
such
further
orders
and
relief
asmay
be
necessary
for
the
construction,
modification,
enforcement,
executionor
satisfaction
ofthis
Consent
Judgment.
2.
VENT]E
Z.L
Pursuant
to
N.J.S.A.
56:8-8,venue
as
to all
matters
between
the
Partieshereto
relatingto
or
arisingout
ofthis
ConsentJudgment
shall
lie
exclusive
þ
 
in
the
SuperiorCourt
of
New
Jersey,
Law
Division,
GloucesterCounty.

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