The opinion of the court was delivered by: Cormac J. Carney United States District Judge
[PROPOSED] MODIFIED PRELIMINARY INJUNCTION
This Modified Preliminary Injunction both modifies and supersedes the Preliminary Injunction issued by this Court on April 24, 2009.
I. FINDINGS OF FACT AND CONCLUSIONS OF LAW
Plaintiff Federal Trade Commission ("FTC") has filed a Complaint seeking a permanent injunction and other relief pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b), and now seeks a preliminary injunction. This Court has considered the pleadings, exhibits, memoranda, and declarations, and now finds and concludes that:
A. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1337(a) and 1245, and 15 U.S.C. §§ 45(a) and 53(b), and there is good cause to believe that it will have jurisdiction over all the parties hereto.
B. Venue in the Central District of California is proper under 15 U.S.C. § 53(b) and 28 U.S.C. § 1391(b) and (c).
C. There is good cause to believe that Defendants Federal Loan Modification Center, LLP, Anz & Associates, PLC, LegalTurn, Inc., a.k.a. Legal Turn Inc., Federal Loan Modification, LLC, Nabile "Bill" Anz, Boaz Minitzer and Jeffrey Broughton might be engaging in, and may continue to engage in, practices that violate Section 5 of the FTC Act, 15 U.S.C. § 15.
D. There is good cause to believe that immediate and irreparable damage to the Court's ability to grant effective final relief in the form of permanent injunction, rescission, restitution, and disgorgement might occur from the destruction, transfer, or concealment by Defendants of their business assets and documents or records unless Defendants are preliminarily restrained and enjoined by order of this Court.
E. A preliminary injunction freezing certain of the assets of the Corporate Defendants (as defined in this Preliminary Injunction) and granting other equitable relief is in the public interest.
For the purposes of this Preliminary Injunction, the following definitions shall apply:
A. "Plaintiff" or "FTC" means the Federal Trade Commission.
B. "Defendants" means: (1) Federal Loan Modification Law Center, LLP; (2) Anz & Associates, PLC; (3) LegalTurn, Inc., a.k.a. Legal Turn, Inc.; (4) Federal Loan Modification, LLC; (5) Nabile "Bill" Anz; (6) Boaz Minitzer; and (7) Jeffrey Broughton.
C. "Corporate Defendants" means: (1) Federal Loan Modification Law Center, LLP; (2) Anz & Associates, PLC; (3) LegalTurn, Inc., a.k.a. Legal Turn, Inc.; ...