IN THE UNITED STATES DISTRICT COURT
FEDERAL TRADE COMMISSION
Civil Action No.
EX PARTE MOTION FOR TEMPORARY RESTRAINING ORDER AND OTHER RELIEF
Plaintiff, the Federal Trade Commission, by its undersigned attorneys, having filed its complaint in this matter seeking a permanent injunction and other relief, including restitution for consumers injured by defendants' unlawful practices, pursuant to Sections 13(b) and 19 of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b) and 57b, and Rule 65 of the Federal Rules of Civil Procedure, move this Court on an ex parte basis without notice to defendants for:
An ex parte hearing is warranted in this matter because of the deceptive nature of defendants' business practices, as detailed in Plaintiff's Memorandum of Points and Authorities submitted herewith. Through these practices, defendants deceive consumers out of substantial amounts of money. Due to defendants' apparent financial liability, defendants will have a strong incentive to dissipate assets and destroy or conceal evidence once notified of this action.
For these reasons, it is likely that immediate and irreparable damage to this Court's ability to achieve effective final relief for consumers in the form of monetary redress will result if notice of this Motion is provided to defendants. Therefore, the Federal Trade Commission requests the Court grant its Motion ex parte and waive notice of this Motion to defendants.
The Federal Trade Commission respectfully refers the Court to its Memorandum of Points and Authorities, the declarations and exhibits filed in support of this Motion, and the Declaration in Support of Ex Parte Motion for Temporary Restraining Order and Ex Parte Motion to File Papers Under Seal executed by David O'Toole.
DEBRA A. VALENTINE
DAVID A. O'TOOLE
Attorneys for Plaintiff