UNITED STATES DISTRICT COURT FEDERAL TRADE COMMISSION, Plaintiff, v. AMERICAN TELNET, INC., a corporation, Case No. ________-CIV-_________ STIPULATED FINAL JUDGMENT AND ORDER FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF BETWEEN PLAINTIFF AND DEFENDANTS AMERICAN TELNET, INC., MICHAEL ABRAHAM PARDES AND TED LIEBOWITZ. Magistrate Judge _______________ Whereas: Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), commenced this action by filing a Complaint on June 8, 1999; Defendants American TelNet, Inc., Michael Abraham Pardes and Ted Liebowitz waived service of the Summons and Complaint; the parties are represented by the attorneys whose names appear hereafter; and the parties are in agreement to settle the Complaint by entering into this Stipulated Final Judgment and Order for Permanent Injunction and other Equitable Relief ("Order") upon the following terms and conditions, without adjudication of any issue of fact or law and without Defendants American TelNet, Inc., Michael Abraham Pardes and Ted Liebowitz admitting liability for any of the matters alleged in the Complaint; THEREFORE, on the joint motion of Plaintiff and Defendants, it is hereby ORDERED, ADJUDGED, and DECREED as follows: SECTION I FINDINGS This Court has jurisdiction over the subject matter and the parties. A. The Complaint states a claim upon which relief may be granted against Defendants ATN, Pardes and Liebowitz under §§ 5(a)(1), 13(b), and 19 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. §§ 45(a)(1), 53(b), and 57b, and under the 900-Number Rule, 16 C.F.R. Part 308. B. The activities of Defendants ATN, Pardes and Liebowitz are in or affecting commerce, as defined in the FTC Act, 15 U.S.C. § 44. C. Entry of this Order is in the public interest. D. Defendants ATN, Pardes and Liebowitz have waived all rights that may arise under the Equal Access to Justice Act, 28 U.S.C. § 2412, amended by Pub. L. 104-121, 110 Stat. 847, 863-64 (1996). E. Plaintiff and Defendants ATN, Pardes and Liebowitz, by and through their counsel, have agreed that the entry of this Order resolves all matters of dispute between them arising from the Complaint in this action, up to the date of entry of this Order. G. Plaintiff and Defendants ATN, Pardes and Liebowitz waive all rights to seek appellate review or otherwise challenge or contest the validity of this Order. Defendants ATN, Pardes and Liebowitz further waive and release any claim Defendant may have against the Commission, its employees, agents, or representatives. H. This Order does not constitute and shall not be interpreted to constitute an admission by Defendants ATN, Pardes and Liebowitz that they have engaged in violations of any law or regulations including but not limited to the Telephone Disclosure and Dispute Resolution Act of 1992, the 900-Number Rule, or the Federal Trade Commission Act. DEFINITIONS I. For the purposes of this Order, the following definitions shall apply: 1. "900-Number Rule" means the FTC's Trade Regulation Rule Pursuant to the Telephone Disclosure and Dispute Resolution Act of 1992, 16 C.F.R. Part 308, as currently promulgated or as it may hereafter be amended, a copy of which is attached hereto as Appendix A and incorporated herein by reference. 2. The term "audiotext service" means any audio information or entertainment service offered over the telephone through any dialing pattern, including, but not limited to, by 900-number and international number dialing patterns. 3. The term "billing entity" has the meaning provided by § 308.7(a)(1) of the 900-Number Rule, 16 C.F.R. § 308.7(a)(1), as currently promulgated or any corresponding provision of 16 C.F.R. Part 308 as the Rule may hereafter be amended. 4. The term "billing error" has the meaning provided by § 308.7(a)(2) of the 900-Number Rule, 16 C.F.R. § 308.7(a)(2), as currently promulgated or any corresponding provision of 16 C.F.R. Part 308 as the Rule may hereafter be amended. 5. The term "billing error notice" means written or oral notice to any Defendant, or any agent thereof, of any billing error, as that term is defined herein, by any consumer or any agent on behalf of any consumer, where the means of delivering the notice complies with the provisions of the 900-Number Rule, 16 C.F.R. §§ 308.7(b) and (c), as currently promulgated or any corresponding provision of 16 C.F.R. Part 308 as the Rule may hereafter be amended. 6. The terms "consumer" and "customer" mean any individual, business, line subscriber or other entity that receives a bill for any audiotext service provided by or through any Defendant, whether or not that individual, business, line subscriber, or other entity actually received such audiotext service or is legally responsible for all or a portion of the bill for such audiotext service. 7. The term "information provider" or "IP" means an individual or entity that offers, sells, promotes, markets or advertises any audiotext service. 8. The term "line subscriber" means an individual or entity that has arranged with a LEC to obtain local telephone service provided through an assigned telephone number, and to be billed for such service on a monthly (or other periodic) basis. 9. The term "local exchange carrier" or "LEC" means the local telephone company from which a line subscriber receives his or her telephone bill. 10. The term "pay-per-call service" has the meaning provided by § 308.2(c) of the 900-Number Rule, 16 C.F.R. § 308.2(c), as currently promulgated or any corresponding provision of 16 C.F.R. Part 308 as the Rule may hereafter be amended. 11. The term "presubscription or comparable arrangement" has the meaning provided by § 308.2(e) of the 900-Number Rule, 16 C.F.R. § 308.2(e), as currently promulgated or any corresponding provision of 16 C.F.R. Part 308 as the Rule may hereafter be amended. 12. The term "service bureau" has the meaning provided by § 308.2(i) of the 900-Number Rule, 16 C.F.R. § 308.2(i), as currently promulgated or any corresponding provision of 16 C.F.R. Part 308 as the Rule may hereafter be amended. 13. The term "LEC block" means a block placed on a consumer's telephone line pursuant to 47 U.S.C. § 228(c). 14. The term "excepted consumer" means a consumer who provides a billing error notice to any Defendant regarding a charge for any audiotext service, and, prior to the date on which the contested services were allegedly accessed, has:
15. The term "Defendant Pardes" or "Pardes" means the Defendant Michael Abraham Pardes, individually and as an officer of American TelNet, Inc. 16. The term "Defendant Liebowitz" or "Liebowitz" means the Defendant Ted Liebowitz, individually and as an officer of American TelNet, Inc. 17. The term "Defendant ATN" or "ATN" means the Defendant American TelNet, Inc., a corporation, and American TelNet Billing Services, Inc., a former corporation that was merged with ATN effective January 1, 1997. 18. The term "1994 Consent Decree" means the Consent Decree issued on December 9, 1994, in an action styled, United States v. American TelNet, Inc. et al., Civil No. 94-2551-Nesbitt (S.D. Florida). SECTION II IT IS FURTHER ORDERED that, except as otherwise provided in this Order, Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys and all persons in active concert or participation with any one or more of them who receive actual notice of the 1994 Consent Decree by personal service or otherwise remain subject to all prohibitions, duties, and obligations previously imposed by the 1994 Consent Decree. SECTION III IT IS FURTHER ORDERED that: A. For the purposes of this Section, "Defendants" shall mean Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys and all persons in active concert or participation with any one or more of them who receive actual notice of this Order by personal service or otherwise. B. Defendants are hereby permanently enjoined from violating, directly or through any corporation, subsidiary or other entity, any provision of the Federal Trade Commission's 900-Number Rule, 16 C.F.R. Part 308, as currently promulgated or as it may hereafter be amended. C. Defendants are hereby permanently enjoined from, directly or through any corporation, subsidiary or other entity:
D. Notwithstanding the provisions of § 308.5(i), of the 900-Number Rule, 16 C.F.R. § 308.5(i), as currently promulgated or any corresponding provision of 16 C.F.R. Part 308 as the Rule may hereafter be amended, Defendants are hereby permanently enjoined from offering, directly or through any corporation, subsidiary or other entity, audiotext services through an 800 number, 888 number or other telephone number advertised as or widely understood to be toll-free, in a manner that would result in a fee or charge unless:
E. Defendants are hereby permanently enjoined from failing, directly or through any corporation, subsidiary or other entity, to monitor the advertising practices of all IPs with whom Defendants contract to provide services as a service bureau or billing entity. In order to monitor compliance by such IPs, Defendants shall:
SECTION IV. IT IS FURTHER ORDERED that: A. Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys, and all persons in active concert or participation with any one or more of them who receive actual notice of this Order by personal service or otherwise, are hereby permanently enjoined from, directly or through any corporation, subsidiary or other entity:
B. The obligations in this Section supercede all obligations contained in Paragraphs 18 and 20 of the 1994 Consent Decree, as they pertain to international audiotext services, provided, however, that if anything in this Section conflicts with the provisions of the 900-Number Rule, 16 C.F.R. Part 308, as currently promulgated or any corresponding provision of 16 C.F.R. Part 308 as the Rule may hereafter be amended, Defendants shall remain subject to all prohibitions, duties, and obligations imposed by the 900-Number Rule. SECTION V. IT IS FURTHER ORDERED that: A. For the purposes of this Section, "Defendants" shall mean Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys and all persons in active concert or participation with any one or more of them who receive actual notice of this Order by personal service or otherwise. B. Defendants are hereby permanently enjoined from representing, expressly or by implication, directly or through any corporation, subsidiary or other entity, that a consumer has a legal obligation to pay any disputed amount for an audiotext service in any instance when Defendants have received from such consumer a billing error notice that: (1) the call or calls accessing the service were made from a telephone line that had a LEC block or an ATN-imposed audiotext services block at the time of the disputed call or calls, (2) the call or calls accessing the service were made from a telephone line that was not assigned to the consumer at the time of the disputed call or calls, or (3) the call or calls accessing the 900-number service were not made by the consumer nor from the telephone of the consumer who was billed for the purchase (e.g., the consumer "denies all knowledge" of the call or calls), unless Defendants first:
Provided, however, that Defendants may, upon receipt of a consumer's billing error notice, play for the consumer any voice capture made at the time of the disputed call, and, if, upon hearing the voice capture, the consumer agrees that the billing statement was correct or agrees to withdraw voluntarily the billing error notice, Defendants need not comply with the requirements of this Section. C. For the purpose of this Section, a one-time credit shall mean a credit for all disputed charges on the consumer's line incurred during the period covered by the bill that contains the disputed charge[s], and during the days that elapse between the end of that billing period and the date on which ATN puts its block in place. SECTION VI. IT IS FURTHER ORDERED that: A. For the purposes of this Section, "Defendants" shall mean Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys and all persons in active concert or participation with any one or more of them who receive actual notice of this Order by personal service or otherwise. B. Defendants are hereby permanently enjoined from falsely representing, expressly or by implication, directly or through any corporation, subsidiary or other entity, that:
C. In connection with billing or attempting to collect charges for any audiotext service, defendants are hereby permanently enjoined from reporting or threatening to report, directly or through any corporation, subsidiary or other entity, adverse information to any person or entity because of a consumer's withholding payment of a disputed amount or related charges, unless Defendants have complied with the provisions of Section V. above and the 900-Number Rule, and thereafter, only if Defendants also report to such person or entity that the amount is in dispute and notify the consumer, in writing, of the name and address of each such person or entity to whom Defendants have reported the adverse information on the account. D. In connection with billing, collecting or attempting to collect charges for any audiotext service, defendants are hereby permanently enjoined from billing, collecting or attempting to collect, directly or through any corporation, subsidiary or other entity, interest or any other amount unless such amount is authorized by the agreement creating the charge, or is permitted by law. SECTION VII. IT IS FURTHER ORDERED that: A. For the purposes of this Section, "Defendants" shall mean Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys and all persons in active concert or participation with any one or more of them who receive actual notice of this Order by personal service or otherwise. B. In connection with billing or attempting to collect charges for any audiotext service, when any Defendant receives a notice from a consumer that call(s) accessing an audiotext service were made by a person or persons who criminally entered the consumer's residence or place of business and placed such call(s), such Defendant shall:
SECTION VIII. IT IS FURTHER ORDERED that: A. For the purposes of this Section, "Defendants" shall mean Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys, and all persons in active concert or participation with any one or more of them who receives actual notice of this Order by personal service or otherwise. B. Defendants are hereby permanently enjoined from continuing to attempt to collect charges for any audiotext service from any consumer meeting the criteria in subparagraph 1 of this subsection, immediately below, unless Defendants first fulfil the requirements of subparagraph 2 of this subsection.
C. Provided, however, that if the consumer is an excepted consumer and Defendants have completed a reasonable investigation pursuant to the 900-Number Rule regarding that consumer's billing error notice, Defendants shall not be required to otherwise comply with Subsection B, above. D. If, within 21 days of receiving it from Defendants, the consumer returns a completed Consumer Declaration attesting to one or more of the criteria set forth in Subsection B.1.(c), above, Defendants shall:
SECTION IX. IT IS FURTHER ORDERED that: A. For the purposes of this Section, "Defendants" shall mean Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns. B. Defendants shall, within forty-five (45) days of the entry of this Order, provide to the FTC or its designated agent, in an electronic format according to the specifications outlined in Appendix D:
C. Defendants shall, within forty-five (45) days of the entry of this Order, provide to the FTC or its designated agent, in both printed form and in an electronic format according to the specifications outlined in Appendix D, a list with the name, address, telephone number, and amount paid by each consumer for whom Defendants' records clearly indicate the consumer:
D. Defendants shall pay Two Million Dollars ($2,000,000) by wire transfer into an account in the name of the FTC and controlled by the FTC or its designated agent ("the redress account"). Defendants shall be jointly and severally liable for payment of such amount. Of that amount:
E. Defendants shall forgive One Million Dollars ($1,000,000) in outstanding debts, waive all rights to collect such debts, waive all rights to sell such receivables to any third parties, and waive all rights to collect such debts by any third party debt collectors, for consumers defined below. The One Million Dollars ($1,000,000) in write-offs pursuant to this Section shall be given to consumers who:
F. The redress fund established pursuant to Subsection D, above, shall be administered by the FTC pursuant to Subsections G and H, below, and all administrative costs associated with providing redress to consumers shall be paid with a portion of said redress fund. G. The redress fund established by Subsection D, above, shall be administered by the FTC to provide redress, to the extent practicable, to the following classes of consumers:
H. The Commission shall, if practical, propose a plan to the Court to conduct a claims procedure which will:
I. None of the funds referred to in this Section shall be returned to Defendants, their successors, heirs, or assigns; and Defendants hereby surrender all right and title to the funds. If the Commission determines, in its sole discretion, that redress to purchasers is wholly or partially impractical, any funds not so used shall be deposited in the United States Treasury. No portion of any payments under the judgment herein shall be deemed a payment of any fine, penalty, or punitive assessment; and interest will accrue on the judgment at the legal rate. J. No later than three (3) business days after the date of entry of the Order, Defendants Pardes, Liebowitz, and ATN shall submit to the Commission a truthful sworn statement, in the form of Appendix E attached to this Order, that shall reaffirm and attest to the truthfulness, accuracy, and completeness of the document (designated "Unified Financial Statement") submitted to the Commission by Defendant ATN on February 3, 1999, and attached to this Order as Exhibit 2. The Court's approval of this Order is expressly premised upon the truthfulness, accuracy, and completeness of the Unified Financial Statement referenced above. If, upon motion by the Commission, this Court should find that any Defendant made a material misrepresentation or omission concerning Defendant ATN's financial condition, then the Court shall enter a modified judgment holding that: (1) Defendant ATN is liable to the Commission in the amount of Ten Million Dollars ($10,000,000) less all prior payments for consumer redress made by any Defendants in this action; and (2) Defendant ATN must, within ten (10) days of the date of service of the modified judgment, provide to counsel for the Commission a completed financial disclosure statement attached hereto as Exhibit 1 and copies of Defendant ATN's federal and state tax returns for the two (2) years preceding the date of entry of the modified judgment. In the event that, upon motion by the Commission, the Court modifies this judgment as described in the preceding sentence, then by the stipulation of the Commission and Defendant ATN, the Court finds that Ten Million Dollars ($10,000,000) less all prior payments for consumer redress made by any Defendants in this action will represent the recission amount to be due to consumers from Defendant ATN. The Commission, or any of its designees, may collect said modified judgment. K. In the event of any default in payment by Defendants into the redress account described in Subsection D, above, which default continues for ten (10) days beyond the due date of payment, the entire unpaid balance, together with interest, as computed pursuant to 28 U.S.C. § 1961 from the date of default to the date of payment, shall immediately become due and payable. Default shall be deemed to have occurred if the Defendants have not fully complied with Subsection D(1) above within sixty (60) days of entry of this Order, or if Defendants have not complied with Subsection D(2) above by making payments on or before the date on which they become due. L. In order to secure the payment of Defendants' indebtedness to the Commission, within seven (7) days of the entry of this Order by the Court, Defendants shall cause to be transferred to Defendants' counsel, Lewis Rose, Esq., the property described in Exhibit 3. Defendants represent that the value of said property at the time it is transferred is not less than One Million Dollars ($1,000,000), and that there are no liens on the property. Lewis Rose, Esq., shall be the custodian of the property, and shall hold it in escrow and shall not release it until the payment of the Defendants' indebtedness to the Commission is complete. SECTION X. IT IS FURTHER ORDERED that Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys, and all persons in active concert or participation with any one or more of them who receives actual notice of this Order by personal service or otherwise, shall: A. Forgive all outstanding debts; B. Waive all rights to collect such debts; C. Waive all rights to sell such receivables to any third parties; and D. Waive all rights to collect such debts by any third party debt collectors for any consumer who after December 6, 1994, through and including December 31, 1997, was billed by a LEC on behalf of ATN, or by any other billing entity on behalf of ATN; and provided ATN with a verbal or written billing error notice that:
SECTION XI. IT IS FURTHER ORDERED that Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys, and all persons in active concert or participation with any one or more of them who receives actual notice of this Order by personal service or otherwise, shall: A. Forgive all outstanding debts; B. Waive all rights to collect such debts; C. Waive all rights to sell such receivables to any third parties; and D. Waive all rights to collect such debts by any third party debt collectors for any consumer who, according to ATN's records, after December 6, 1994, received an invoice (which had not been previously billed through any LEC) directly from ATN for audiotext services. SECTION XII. IT IS FURTHER ORDERED that Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, and their officers, agents, servants, independent contractors, employees and attorneys, and all persons in active concert or participation with any one or more of them who receive actual notice of this Order by personal service or otherwise, are hereby permanently enjoined from continuing, directly or through any corporation, subsidiary or other entity, to employ, contract with, or provide services, products, or assistance to, for, or on behalf of any person or other entity once Defendants know or should know, either through steps taken pursuant to this Order or otherwise, that such person or entity is or has engaged in conduct prohibited by this Order, except as provided in Section III, Subsection E, above. SECTION XIII. IT IS FURTHER ORDERED that Defendants Pardes, and Liebowitz, each of them, shall, within five (5) business days after receipt of this Order as entered by the Court, submit to the Commission a truthful sworn statement, in the form shown on Appendix F, that shall acknowledge receipt of this Order. SECTION XIV. IT IS FURTHER ORDERED that: A. In connection with any business (1) that engages in the advertising, promotion, marketing, offering for sale, sale of, or billing or collection for audiotext services, and (2) that is five percent (5%) or more owned, or directly or indirectly managed, controlled, or operated by Defendants ATN, Pardes or Liebowitz, or any one of them, Defendants shall, within thirty (30) days of the entry of this Order, provide a copy of the redacted Order attached as Appendix G hereto, and the 900-Number Rule, 16 C.F.R. Part 308, as currently promulgated or as it may hereafter be amended, to, and obtain a signed and dated acknowledgment of receipt from, each officer or director, each individual serving in management capacity, all personnel involved in responding to consumer complaints or inquiries, and all sales personnel, whether designated as employees, consultants, independent contractors or otherwise, and shall, within ten (10) days of complying with this paragraph, provide the FTC with an affidavit setting forth the fact and manner of their compliance, including the name and title of each person to whom a copy of the redacted Order has been provided. B. Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns, shall provide a copy of the redacted Order attached as Appendix G and the 900-Number Rule, 16 C.F.R. Part 308, as currently promulgated or as it may hereafter be amended, free of charge upon the request of any consumer. SECTION XV. IT IS FURTHER ORDERED that: A. For the purposes of this Section, "Defendants" shall mean Defendants ATN, Pardes, Liebowitz, their successors, subsidiaries, affiliates and assigns. B. For the purposes of this Section, "complaint" means any consumer contact with ATN, oral or written, received directly or through a third party, during the course of which the consumer asserts the existence of a billing error, or requests a full or partial refund or credit or refuses to pay, for any reason whatsoever, for an actual or alleged sale of audiotext services for which that consumer was billed. C. In connection with any business (1) that engages in the advertising, promotion, marketing, offering for sale, sale of, or billing or collection for audiotext services, and (2) that is five percent (5%) or more owned, or directly or indirectly managed, controlled, or operated by Defendants ATN, Pardes, or Liebowitz or any one of them, Defendants, for a period of five (5) years from the date of entry of this Order, shall create and maintain for a period of at least three (3) years following the date of their creation, and make available to the Federal Trade Commission within thirty (30) days of the date of receipt of a written request, the following records:
D. All written copies maintained by Defendants in compliance with this Section shall be kept in reasonably clear, legible and intelligible form, and all recordings maintained in compliance with this Section shall be kept in reasonably clear, audible and intelligible form, such that a reasonable person could determine, based on review of the copies or recordings, whether Defendants are in compliance with all provisions of the 900-Number Rule as currently promulgated or as it may hereafter be amended and with all provisions of this Order. Failure to maintain copies, or recordings, of such quality shall create a rebuttable presumption that the subject material violated the 900-Number Rule. Defendants can rebut this presumption by showing 1) that reasonable steps were taken to obtain, maintain and provide usable copies and recordings; and 2) other evidence indicating that there has been no violation of the 900-Number Rule. E. All books, records and accounts required by this Section shall be maintained by Defendants in a manner such that the FTC may readily determine whether Defendants are in compliance with all of the provisions of this Order. This requirement includes, but is not limited to, the following:
F. For a period of three (3) years from the date of entry of this Order, Defendants shall provide the Commission, on a bi-annual basis, copies of all monthly records maintained in compliance with Subsection C.9., above. SECTION XVI. IT IS FURTHER ORDERED that: A. For a period of five (5) years from the date of entry of this Order, Defendants Pardes and Liebowitz shall notify the Commission of the following:
B. One hundred eighty (180) days after the date of entry of this Order, Defendants ATN, Pardes, and Liebowitz and each of them, shall provide a written report to the FTC, sworn to under penalty of perjury, setting forth in detail the manner and form in which they have complied and are complying with this Order. For each Defendant, this report shall include, but not be limited to:
C. Upon written request by a representative of the Commission, Defendants ATN, Pardes and Liebowitz shall submit additional written reports (under oath, if requested) and produce documents on thirty (30) days notice with respect to any conduct subject to this Order. D. Upon written request by a representative of the Commission, Defendants ATN, Pardes and Liebowitz shall permit Commission staff to interview any employee of Defendants in the presence of counsel for Defendants. E. For the purposes of this Order, Defendants ATN, Pardes and Liebowitz shall, unless otherwise directed by the Commission's authorized representatives, mail all written notifications to the Commission to: Associate Director SECTION XVII. IT IS FURTHER ORDERED that: A. The Commission is authorized to monitor the Defendants' compliance with this Order by all lawful means, including but not limited to the following means:
B. This Court shall retain jurisdiction of this matter for the purposes of enabling any of the parties to this Order to apply to the Court at any time for such further orders or directives as may be necessary or appropriate for the interpretation or modification of this Order, for the enforcement of compliance therewith, or for the punishment of violations thereof. JUDGMENT IS THEREFORE ENTERED pursuant to all the terms and conditions recited above. Dated this day of , 19 . UNITED STATES DISTRICT JUDGE The parties, by their respective counsel, hereby consent to the terms and conditions of the Order as set forth above and consent to the entry thereof.
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