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NO. 2:12-cv-00139-MJP1
1234567891011121314151617181920212223242526THE HONORABLE MARSHA J. PECHMAN
 UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTONAT SEATTLE
STATE OF WASHINGTON,Plaintiff,v.ADSCEND MEDIA, LLC, a Delawarelimited liability company; and JEREMYBASH and FEHZAN ALI, individuallyand as Managing Members of ADSCEND MEDIA LLC,Defendants.NO. 2:12-cv-00139-MJPCONSENT DECREE
I.
 
DECREE SUMMARY
1.1
 
Decree Creditor: State of Washington1.2
 
Decree Debtors: Jeremy Bash, Fehzan Ali and AdscendMedia LLC1.3
 
Principal Decree Amount: $100,000.001.4
 
Attorneys for Decree Creditor: Paula Selis, Senior Counsel1.5
 
Attorneys for Defendants: Mark Rosenberg and Robert S. Apgood
Case 2:12-cv-00139-MJP Document 25 Filed 05/07/12 Page 1 of 10
 
 
NO. 2:12-cv-00139-MJP2
1234567891011121314151617181920212223242526Plaintiff, State of Washington, having commenced this action on January 26, 2012, andhaving filed an Amended Complaint in the action on April 30, 2012, pursuant to theControlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM”), 15U.S.C. § 7701,
et seq.
; and Defendants Jeremy Bash, Fehzan Ali and Adscend Media LLChaving been personally served with copies of the Summons and Complaint; andPlaintiff having appeared by and through its attorneys, Rob McKenna, AttorneyGeneral; and Paula Selis, Senior Counsel; and Defendants having appeared through theirattorneys Mark Rosenberg and Robert S. Apgood; andPlaintiff and Defendants having agreed on a basis for the settlement of the mattersalleged in the Complaint, and to the entry of this Consent Decree (hereinafter referred to as“Decree”) against Defendants without the need for trial or adjudication of any issue of law orfact; andDefendants recognize and state that this Decree is entered into voluntarily and that nopromises or threats have been made by the Attorney General’s Office or any member, office,agent or representative thereof to induce them to enter into this Consent Decree, except asprovided herein; andDefendants further agree that they will not oppose the entry of this Consent Decree onthe grounds the Consent Decree fails to comply with Rule 65(d) of the Federal Rules of CivilProcedure, and hereby waive any objections based thereon; andDefendants waive any right they may have to appeal from this Consent Decree; andPlaintiff and Defendants having agreed that this Consent Decree does not constituteevidence or an admission regarding the existence or non-existence of any issue, fact, orviolation of any law alleged by Plaintiff, but rather enter the Decree to dispense from furtherlitigation and litigation costs; and
Case 2:12-cv-00139-MJP Document 25 Filed 05/07/12 Page 2 of 10
 
 
NO. 2:12-cv-00139-MJP3
1234567891011121314151617181920212223242526Defendants further agree that this Court shall retain jurisdiction of this action for thepurpose of implementing and enforcing the terms contained herein; andThe Court having determined there is no just reason for delay in the entry of thisDecree against Defendants, and being fully advised; andThe Court finding no just reason for delay;NOW, THEREFORE, it is hereby ORDERED, ADJUDGED, AND DECREED asfollows:
II.
 
GENERAL
2.1
 
The Court has jurisdiction of the subject matter of this action and of the partieshereto pursuant to 28 U.S.C. § 1331 for claims asserted under 15 U.S.C. § 7701,
et seq.
and28 U.S.C. § 1367
.
As a substantial portion of the acts complained of in the action filed byPlaintiff occurred in King County and elsewhere in the Western District of Washington, venuein this district is appropriate pursuant to 18 U.S.C. § 1391.2.2
 
Unless otherwise specified, the term “Defendants” as used in this documentshall mean Jeremy Bash, Fehzan Ali and Adscend Media LLC.
III.
 
INJUNCTIONS
3.1
 
The injunctive provisions of the Consent Decree shall apply to all persons orentities in active concert or participation with Defendants, including but not limited toDefendants and Defendants’ successors, assigns, transferees, officers, agents, servants,directors, employees, independent contractors, representatives, and/or affiliates.3.2
 
Definitions:a.
 
For purposes of this Decree, the term “procure” means to intentionallypay or provide other consideration to another to initiate a commercialelectronic message.
Case 2:12-cv-00139-MJP Document 25 Filed 05/07/12 Page 3 of 10
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