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Federal Trade Commission v. Forensic Case Management Services

January 3, 2013

FEDERAL TRADE COMMISSION, PLAINTIFF,
v.
FORENSIC CASE MANAGEMENT SERVICES, INC., ET AL., DEFENDANTS, AND KESTER-ARCHWOOD, LLC, ET AL.,
RELIEF DEFENDANTS.



The opinion of the court was delivered by: R. Gary Klausner United States District Judge

[Proposed] FINAL JUDGMENT AND ORDER FOR MONETARY RELIEF AS TO RELIEF DEFENDANTS VESPER COLLINS, LLC, RAMILLIES, LLC, AND INNSBRUCK, LLC

Plaintiff Federal Trade Commission ("FTC" or "Commission") commenced this civil action on September 12, 2011 against defendants Forensic Case Management Services, Inc.; Specialized Recovery, Inc.; Commercial Receivables Acquisition, Inc.; David M. Hynes II; James Hynes; Kevin Medley; Heather True; Frank E. Lindstrom, Jr.; and Lorena Quiroz-Hynes (hereinafter collectively "Defendants"). The FTC brought this action pursuant to Sections 13(b) and 19 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57b, and Section 814 of the Fair Debt Collection Practices Act ("FDCPA"), 15 U.S.C. § 1692l, to obtain preliminary and permanent injunctive and other equitable relief for Defendants' violations of Section 5 of the FTC Act, 15 U.S.C. § 45, and the FDCPA, 15 U.S.C. § 1692-1692p, in connection with the marketing and sale of debt collection services, and the collection of debts. On September 13, 2011, the Court entered a temporary restraining order against Defendants. (Docket Entry ["DE"] 9.) On September 27, 2011, the Court entered a preliminary injunction against Defendants. (DE47-1.) On June 12, 2012, the FTC amended its Complaint ("First Amended Complaint"), adding claims against relief defendants Vesper Collins, LLC, Innsbruck, LLC, Ramillies, LLC, and Kester-Archwood, LLC (hereinafter collectively "Relief Defendants"). (DE160.)

The FTC and relief defendants Vesper Collins, LLC, Innsbruck, LLC, and Ramillies, LLC (hereinafter collectively "Settling Relief Defendants" or "Settling Defendants") having agreed in the Stipulation for Final Judgment and Order for Monetary Relief as to Relief Defendants Vesper Collins, LLC, Ramillies, LLC, and Innsbruck, LLC, hereby request that the Court enter this Final Judgment and Order for Monetary Relief as to Relief Defendants Vesper Collins, LLC, Ramillies, LLC, and Innsbruck, LLC ("Order") to resolve all matters in dispute between the FTC and Settling Defendants in this action.

THEREFORE, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows: FINDINGS

By stipulation of the parties and being advised of the premises, the Court finds:

1. This is an action by the FTC instituted under Sections 13(b) and 19 of the FTC Act, 15 U.S.C. §§ 53(b) and 57b, and Section 814 of the FDCPA, 15 U.S.C. § 1692l. The First Amended Complaint seeks, inter alia, disgorgement from the Relief Defendants of all funds and assets received by them that are traceable to Defendants' unlawful acts or practices.

2. The FTC has the authority under Sections 13(b) and 19 of the FTC Act, and Section 814 of the FDCPA, to seek the relief it has requested, and the First Amended Complaint states a claim upon which relief can be granted against Settling Defendants.

3. This Court has jurisdiction over the subject matter of this case pursuant to 28 U.S.C. §§ 1331, 1337(a), and 1345, 15 U.S.C. §§ 53(b), 57b, and 1692l, and has jurisdiction over Settling Defendants. Venue in the Central District of California is proper under 28 U.S.C. § 1391(b)-(d), and 15 U.S.C. § 53(b).

4. Settling Defendants neither admit nor deny any of the allegations in the First Amended Complaint, except as specifically stated in this Order. Only for purposes of this action, Settling Defendants admit the facts necessary to establish jurisdiction.

5. Settling Defendants waive all rights to appeal or otherwise challenge or contest the validity of this Order.

6. Settling Defendants waive any claim that they may have held under the Equal Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action through the date of this Order, and agree to bear their own costs and attorneys' fees. The Settling Defendants further waive and release any claim they may have against the FTC, its employees, representatives, or agents that relate to this action.

7. This action and the relief awarded herein are in addition to, and not in lieu of, other remedies that may be provided by law, including both civil and criminal remedies.

8. Entry of this Order is in the ...


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