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Federal Trade Commission v. Adept Management, Inc.

United States District Court, D. Oregon, Medford Division

July 10, 2019

FEDERAL TRADE COMMISSION, Plaintiff,
v.
ADEPT MANAGEMENT, INC., et al., Defendants.

          Krista K. Bush, WSBA 30881 Laura M. Solis, WSBA 36005 Connor B. Shively, WSBA 44043 Richard McKewen, WSBA 45041 Sophia Calderon, CA Bar No. 278135 Stephen T. Fairchild, WSBA 41214 Attorneys for Plaintiff Federal Trade Commission

          AMENDED ORDER FOR PERMANENT INJUNCTION AND MONETARY JUDGMENT

          MARK D. CLARKE, UNITED STATES MAGISTRATE JUDGE

         Having considered the Plaintiff Federal Trade Commission's ("Commission" or FTC") proposed form of permanent injunction and monetary judgment, any opposition thereto, and the entire record established in this case, the Court enters this Order for Permanent Injunction and Monetary Judgment.

         IT IS THEREFORE ORDERED as follows:

         DEFINITIONS

         For the purpose of this Order, the following definitions apply:

         1. "Corporate Defendants" means: Hoyal & Associates, Inc., Reality Kats, LLC, Adept Management, Inc., Anchor Publishing Group, Inc., Associated Publishers Network, Inc., Atlas Business Consulting LLC, Clarity Group, Inc., Consolidated Publishers Exchange, Inc., Crown Resource Management LLC, Customer Access Services, Inc., Express Publishers Service, Inc., HCG, Inc., Henry Cricket Group, LLC, Liberty Publishers Service, Inc., Magazine Clearing Exchange, Inc., Magazine Link, Inc., Maximillian, Inc., North West Data Services LLC, PPP Magazines, Inc., Publishers Payment Processing, Inc., Publishers Payment Processing, Inc., Specialties, Inc., Subscription House Agency, Inc., United Publishers Exchange, Inc., and Wineoceros Wine Club, Inc., and their DBAs, subsidiaries, affiliates, successors, and assigns.

         2. "Defendants" means all of the Individual Defendants and the Corporate Defendants, individually, collectively, or in any combination.

         3. "Direct Mail" includes any solicitation or other marketing effort that uses the U.S. Postal Service, a foreign postal service, or a commercial mail carrier to communicate directly with consumers through printed materials.

         4. "Individual Defendants" means:

(1) Linda Babb;
(2) Shannon Bacon, a/k/a Shannon Balero, a/k/a Shannon Gordon;
(3) Jeffrey Hoyal;
(4) Lori Hoyal;
(5) Colleen Kaylor;
(6) Laura Lovrien, a/k/a Laura Babb;
(7) Noel Parducci, a/k/a Noel Littlefield, a/k/a/ Noelle Littlefield;
(8) Lydia Pugsley, a/k/a Lydia Babb;
(9) Dennis Simpson; and
(10) William ...

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