Based the forgoing, the Court shall issue a initial injunction consistent using the definitions set forth below.
1. „Asset“ means any appropriate or equitable desire for, straight to, or claim to, any genuine, individual, or intellectual property including, although not restricted to, chattel, items, instruments, gear, fixtures, basic intangibles, results, leaseholds, agreements, mail or other deliveries, stocks of stock, securities, stock, checks, records, reports, credits, receivables (as those terms are defined within the Uniform Commercial Code), money, trusts, including although not restricted to asset security trusts, and book funds or other records related to any re payments prepared on behalf of any Defendant, including, although not limited by, such book funds held with payment processor, charge card processor, or bank.
2. „Defendants“ means (a) each Tucker Defendant and (b) each Relief Defendant. Moreover, anybody insofar she is acting in the capacity of an officer, agent, servant, employee, or attorney of any Tucker Defendant or any Relief Defendant, and any person or entity in active concert or participation with any of the foregoing who receives actual notice of this Order by personal service or otherwise, is bound to comply with this Order, see Fed.R.Civ.P. 65(d), whether these persons or entities are acting directly or through a trust, corporation, subsidiary, division, or other device as he or.
3. „Document“ is synonymous in meaning and equal in range to your use of the word within the Federal Rules of Civil Procedure 34(a), and includes writing, drawings, graphs, maps, web sites, website pages, sites, electronic communication, including e-mail and instant messages, photographs, sound and video clip tracks, agreements, accounting information, adverts (including, although not limited by, adverts put on the globally Web), FTP Logs, Server Access Logs, USENET Newsgroup postings, Around The Globe website pages, publications, written or printed documents, handwritten records, phone logs, phone scripts, receipt publications, ledgers, individual and company canceled checks and look registers, bank statements, visit publications, computer documents, along with other information compilations from where information can be had and translated, if required, through detection products into reasonably usable type. A draft or non-identical content is a split document inside the meaning of the word.
4. „Person“ means a person that is natural company, or any other appropriate entity, including a firm, partnership, proprietorship, relationship, cooperative, federal government or government subdivision or agency, or other team or combination acting as an entity.
5. „Plaintiff“ or „Commission“ or „FTC“ means the Federal Trade Commission.
6. „Relief Defendants“ means Kim Tucker, Park 269, LLC, and their successors, assigns, affiliates, or subsidiaries.
7. „Representatives“ means Defendants‘ officers, agents, servants, workers, and solicitors, and just about every other individual or entity in active concert or involvement using them whom gets notice that is actual of purchase by individual service or else.
8. „Tucker Defendants“ means Scott A. Tucker, AMG Capital Management, LLC, degree 5 Motorsports, LLC, Ebony Creek Capital Corporation, LeadFlash asking LLC, Broadmoor Capital Partners, LLC, and Nereyda M. Tucker, as Executor associated with the Estate of Blaine A. Tucker, and their successors, entities, assigns, affiliates, or subsidiaries.
IT REALLY IS HEREBY REQUESTED that the Tucker Defendants‘ movement for Extension of the time (ECF No. 786) as well as the Relief Defendants‘ Motion for Extension of the time (ECF No. 792) are REJECTED as moot.
IT REALLY IS FURTHER REQUESTED that the Tucker Defendants‘ movement to Reconsider (ECF No. 808) is REJECTED.
IT’S FURTHER ORDERED that the FTC’s movement to Unseal (ECF No. 810) is PROVIDED to some extent and DENIED in part. The Clerk is bought to UNSEAL the following papers: Declaration of Natalie C. Dempsey (ECF No. 803-8); OneClickCash Traning Manual (ECF No. 803-9); and UCL Team fulfilling Minutes (ECF No. 803-10). Blaine Tucker’s residing Trust (ECF No. 803-7) will continue to be filed under SEAL.
IT REALLY IS FURTHER ORDERED that the FTC’s movement for Preliminary Injunction (ECF No. 780) is GIVEN pursuant to your after terms: