STATES DISTRICT COURT
FEDERAL TRADE COMMISSION
In the Matter of
S.J.A. SOCIETY, INC. a corporation.
EX PARTE MOTION FOR A TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE, ORDER PERMITTING EXPEDITED DISCOVERY, APPOINTMENT OF A RECEIVER, AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE
Plaintiff, the Federal Trade Commission ("Commission"), pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, applies to this Court on an ex parte basis without notice to defendants for a Temporary Restraining Order ("TRO") containing an asset freeze, an order permitting expedited discovery and immediate access to the defendants' place of business, the appointment of a receiver, an order to show cause why a preliminary injunction should not issue, and other equitable relief.
As grounds therefor, the Commission states that the defendants have engaged and may continue to engage in acts and practices that violate the Section 5(a) of the Federal Trade Commission Act, 15 U.S.C. § 45(a), the Telemarketing Act, 15 U.S.C. § 6101 et seq., and the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., as set forth in the Commission's Complaint, its Memorandum of Points and Authorities in support of this Motion, and the supporting declarations and exhibits.
The interest of justice requires that this ex parte Motion be heard without notice. As described in the accompanying Motion to Waive Notice and File Documents under Seal, providing advance notice of this action to the defendants may result in dissipation or concealment of assets and destruction of documents. Such actions will cause immediate and irreparable damage by impeding the Commission's efforts to obtain redress for consumer losses. Memorandum of Points and Authorities in Support of Ex Parte Motion for Temporary Restraining Order; Certification of Plaintiff's Counsel in Support of Ex Parte Motion. Issuing the TRO, asset freeze, expedited discovery order, and order appointing a temporary receiver without notice protects the Court's ability to grant full and effective relief by preserving the status quo pending the hearing on the Order to Show Cause Why a Preliminary Injunction Should Not Issue.
A supporting memorandum, exhibits, a proposed temporary restraining order, and a proposed preliminary injunction accompany this Motion. The Commission is also concurrently submitting a Motion to file all documents in this matter under seal, together with a supporting memorandum and proposed seal order, to avoid any notice to Defendants that might result in dissipation or concealment of the assets and documents.
GEORGE BRENT MICKUM IV