FOR THE NORTHERN DISTRICT OF GEORGIA
FEDERAL TRADE COMMISSION, Plaintiff,
STEWART FINANCE COMPANY
HOLDINGS, INC., STEWART FINANCE COMPANY, STEWART NATIONAL
FINANCE COMPANY, INC.,
STEWART FINANCE COMPANY OF LOUISIANA, INC., STEWART FINANCE COMPANY OF MISSOURI, INC., STEWART FINANCE COMPANY OF ILLINOIS, INC., STEWART FINANCE COMPANY OF TENNESSEE, INC., D & E ACQUISITIONS, INC., PREFERRED CHOICE AUTO CLUB, INC., STEWART INSURANCE, LTD., and J & J INSURANCE, LTD., corporations, and JOHN BEN STEWART, JR., individually and as an officer of the corporations, Defendants.
PLAINTIFF’S MOTION FOR TEMPORARY RESTRAINING ORDER AND OTHER EQUITABLE RELIEF
Plaintiff, Federal Trade Commission (“Commission”), pursuant to Fed. R. Civ. P. 65, respectfully makes this motion requesting that this Court issue a temporary restraining order (“TRO”) against Defendants. A TRO is necessary to halt Defendants’ deceptive lending practices.
On the afternoon of September 2, 2003, the Commission authorized its staff to file the Commission’s Complaint and motion for TRO against the Defendants. The immediate issuance of the TRO requested by the Commission will maintain the status quo and prevent further injury pending a preliminary injunction hearing.
The Commission gave notice to the Defendants’ attorneys of the TRO motion on September 3, 2003 and sent them the motion, accompanying brief, and exhibits by Federal Express on that same day.
This motion is accompanied by a supporting memorandum, which describes Defendants’ scheme in detail, supporting exhibits in several volumes, and a proposed TRO. As grounds for this motion, the Commission states that Defendants have engaged, and continue to engage, in deceptive and unfair acts and practices in or affecting commerce, in violation of Section 5(a) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 45(a), as set forth in the complaint, and memorandum and exhibits in support of this motion.
The Commission’s proposed TRO is submitted with this motion. For the reasons stated in this motion and its supporting memorandum of points and authorities, certification of counsel, and exhibits, the Commission respectfully requests that the Court grant its Motion for a Temporary Restraining Order and Other Equitable Relief.
As required by Local Rule 7.1(D), counsel certify that this brief has been prepared in the font and point selections, Courier New (12 point), approved by Local Rule 5.1(B).
Dated: ______________, 2002
WILLIAM E. KOVACIC
MONICA E. VACA
KAREN S. HOBBS
ANNE M. McCORMICK
Federal Trade Commission
600 Pennsylvania Ave. NW
Washington, DC 20580
Telephone: (202) 326-2245
Facsimile: (202) 326-3768
CINDY A. LIEBES, Attorney
Georgia Bar No. 451976
Federal Trade Commission
255 Peachtree Street, N.E.
Atlanta, GA 30303
(404) 656-1359 (phone)
(404) 656-1379 (facsimile)