Federal Trade Commission v. American Financial Support Services Inc. et al
Plaintiff: Federal Trade Commission
Defendant: Ruddy Palacios, Carey G. Howe, Jay Singh, Arete Financial Group LLC, Anna C. Howe, Oliver Pomazi, J and L Enterprise LLC, La Casa Bonita Investments, Inc., CBC Conglomerate LLC, Ruddy Barahona, US Financial Freedom Center, Inc., MJ Wealth Solutions, LLC, Arete Financial Group, American Financial Support Services Inc., Diamond Choice Inc. and Shunmin Mike Hsu
Receiver: Thomas W. McNamara
Alternative Dispute Resolution (Adr) Provider: Robert Mockler
Case Number: 8:2019cv02109
Filed: November 4, 2019
Court: US District Court for the Central District of California
Presiding Judge: James V Selna
Referring Judge: Autumn D Spaeth
Nature of Suit: Other Statutory Actions
Cause of Action: 15:0053
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on May 27, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 27, 2020 Filing 142 NOTICE OF ASSIGNMENT of Panel Mediator. Mediator (ADR Panel) Robert Mockler has been assigned to serve as Panel Mediator. (mb)
March 31, 2020 Filing 139 CORPORATE DISCLOSURE STATEMENT filed by Defendants American Financial Support Services Inc., Jay Singh, US Financial Freedom Center, Inc. (Mitchell, William)
March 26, 2020 Opinion or Order Filing 138 MINUTE ORDER [IN CHAMBERS] ORDER RE SCHEDULING DATES by Judge James V. Selna. The Court has read and considered the parties Rule 26(f) Report and sets the following dates: Jury Trial March 16, 2021 at 8:30 a.m.; File Findings of Fact and Conclusions of Law by March 8, 2021; Final PreTrial Conference March 1, 2021 at 11:00 a.m.; File PreTrial Documents not later than February 22, 2021; File motions in limine not later than February 1, 2021; Discovery Cut-off November 30, 2020; Expert Discovery Cut-off November 30, 2020; Initial disclosure of Experts not later than October 26, 2020; Rebuttal disclosure of Experts not later than November 9, 2020; Law and Motion Cut-off January 25, 2021 at 1:30 p.m.; Motions to be filed and served not later than December 28, 2020. Counsel inform the Court that their selection for a settlement procedure pursuant to Local Rule 16-15 is ADR #2, before the Court's Attorney Settlement Panel. The Court orders that any settlement discussions shall be completed not later than November 30, 2020. (lom)
March 26, 2020 Opinion or Order Filing 137 ORDER FOR JURY TRIAL SETTING DATES; PREPARATION FOR TRIAL; AND GOVERNING ATTORNEY AND PARTY CONDUCT AT TRIAL before Judge James V. Selna. (See Document for Details and Deadlines) (lb)
March 25, 2020 Filing 136 [IN CHAMBERS] SCHEDULING NOTICE: Due to the Covid-19 Epidemic and the Court being closed, the Scheduling Conference set for 3/30/2020 at 10:30 am is VACATED. The Court will consider the parties Rule 26f Report and issue scheduling dates or continue the hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (lb) TEXT ONLY ENTRY
March 23, 2020 Filing 135 JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 8-11 days, filed by Plaintiff Federal Trade Commission.. (Attachments: #1 Certificate of Service)(Fairchild, Stephen)
March 20, 2020 Filing 134 DEFAULT BY CLERK F.R.Civ.P.55(a) as to Arete Financial Group, a corporation, also d/b/a Arete Financial Freedom; Arete Financial Group LLC; CBC Conglomerate LLC, also d/b/a 1file.org;, CBC Conglomerate LLC, also d/b/a 1file.org; J&L Enterprise LLC, also d/b/a Premier Solutions Servicing; La Casa Bonita Investments, Inc., f/k/a La Casa Bonita Investments LLC, also d/b/a Education Loan Network, also d/b/a Edunet;, MJ Wealth Solutions, LLC. (es)
March 18, 2020 Filing 133 APPLICATION for Clerk to Enter Default against Defendants Arete Financial Group, Arete Financial Group LLC, CBC Conglomerate LLC, Diamond Choice Inc., J and L Enterprise LLC, La Casa Bonita Investments, Inc., MJ Wealth Solutions, LLC filed by Plaintiff Federal Trade Commission. (Attachments: #1 Declaration, #2 Certificate of Service) (Fairchild, Stephen)
March 11, 2020 Opinion or Order Filing 132 ORDER GRANTING STIPULATION TO PERMIT TELEPHONIC APPEARANCE AT MARCH 30, 2020 SCHEDULING CONFERENCE #131 by Judge James V. Selna. IT IS HEREBY ORDERED THAT: 2. Counsel for the FTC is permitted to appear by telephone at the scheduling conference set for March 30, 2020 at 10:30 a.m. if they contact the Courtroom Deputy at JVS chambers@cacd.uscourts.gov and provide a direct dial phone number where they can be reached when the Court gets to the matter on calendar. (es)
March 9, 2020 Filing 131 STIPULATION for Relief from In-Person Appearance Requirement filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Fairchild, Stephen)
March 5, 2020 Filing 130 NOTICE of Change of address by Cornelia Julianna Boleyn Gordon attorney for Receiver Thomas W. McNamara. Changing attorneys address to 655 West Broadway, Suite 1680, San Diego, CA 92101. Filed by Receiver Thomas W. McNamara. (Gordon, Cornelia)
March 5, 2020 Filing 129 NOTICE of Change of address by Sanjay Bhandari attorney for Receiver Thomas W. McNamara. Changing attorneys address to 655 West Broadway, Suite 1680, San Diego, CA 92101. Filed by Receiver Thomas W. McNamara. (Bhandari, Sanjay)
March 5, 2020 Filing 128 NOTICE of Change of address by Edward Chang attorney for Receiver Thomas W. McNamara. Changing attorneys address to 655 West Broadway, Suite 1680, San Diego, CA 92101. Filed by Receiver Thomas W. McNamara. (Chang, Edward)
February 18, 2020 Filing 127 STIPULATION Extending Time to Answer the complaint as to Anna C. Howe answer now due 3/19/2020, filed by Plaintiff Federal Trade Commission.(McKewen, Richard)
February 18, 2020 Opinion or Order Filing 126 Order Setting Rule 26(f) Scheduling Conference set for 3/30/2020 at 10:30 am before Judge James V. Selna. Counsel shall file the Joint Rule 26 Meeting Report, with the completed Exhibit A, by 3/23/2020. (lb)
February 4, 2020 Filing 125 DESIGNATION of Record on Appeal by Defendants/Appellants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi re #113 , #114 (Matin, Ali)
February 3, 2020 Filing 124 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Anna C. Howe served on 1/28/2020, answer due 2/18/2020. in compliance with statute not specified by method of service not specified.Original Summons NOT returned. (Fairchild, Stephen)
February 2, 2020 Filing 123 NOTICE OF FILING TRANSCRIPT filed for proceedings 1-21-20 9:34 a.m. re Transcript #122 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY
February 2, 2020 Filing 122 TRANSCRIPT for proceedings held on 1-21-20 9:34 a.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 2/24/2020. Redacted Transcript Deadline set for 3/4/2020. Release of Transcript Restriction set for 5/4/2020. (Seffens, Sharon)
January 31, 2020 Opinion or Order Filing 121 ORDER GRANTING RECEIVER'S FIRST INTERIM FEE APPLICATION #93 by Judge James V. Selna: The Court has reviewed the Receiver's Declaration and supporting documents, and is satisfied with the Receivers application and approves payment of the following requested amounts for fees and expenses for the period through November 30, 2019: $96,130.50 fees and $7,373.32 expenses of the Receiver and staff to be paid to TWM Receiverships Inc. dba Regulatory Resolutions; $121,561.50 fees and $1,592.99 expenses of the Receivers counsel, McNamara Smith LLP; $8,607.50 fees and $760.35 expenses of the Receivers deputy receiver to be paid to Development Specialists, Inc.; $14,787.50 fees and $1,050.62 expenses of the Receivers computer forensic expert, Hadron Computer Forensics & Investigations; and $19,904.50 fees of the Receivers private investigators and security, Whelan & Associates. For future applications, the Court will not accept "block billing" entries for legal services. (es)
January 27, 2020 Filing 120 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant MJ Wealth Solutions, LLC served on 1/23/2020, answer due 2/13/2020. Service of the Summons and Complaint were executed upon Thomas W. McNamara, Receiver in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Fairchild, Stephen)
January 27, 2020 Filing 119 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant La Casa Bonita Investments, Inc. served on 1/23/2020, answer due 2/13/2020. Service of the Summons and Complaint were executed upon Thomas W. McNamara, Receiver in compliance with California Code of Civil Procedure by personal service.Original Summons NOT returned. (Fairchild, Stephen)
January 27, 2020 Filing 118 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55092 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #114 as to Defendant Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi. (es)
January 27, 2020 Filing 117 NOTIFICATION from Ninth Circuit Court of Appeals of case number assigned and briefing schedule. Appeal Docket No. 20-55091 assigned to Notice of Appeal to 9th Circuit Court of Appeals, #113 as to Defendant Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi. (es)
January 27, 2020 Opinion or Order Filing 116 ORDER REGARDING DEBT SETTLEMENT OPERATIONS OF DEFENDANT ARETE FINANCIAL GROUP, LLC by Judge James V. Selna. (SEE ORDER FOR DETAILS.) (es)
January 24, 2020 Filing 115 NOTICE OF LODGING filed Proposed Order Regarding Debt Settlement Operations of Defendant Arete Financial Group, LLC re Status Conference - optional html form, #112 (Attachments: #1 Proposed Order, #2 Certificate of Service)(McKewen, Richard)
January 24, 2020 Filing 114 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi. Appeal of Preliminary Injunction,, #79 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-25189419.) (Matin, Ali)
January 24, 2020 Filing 113 NOTICE OF APPEAL to the 9th Circuit Court of Appeals filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi. Appeal of Minutes of In Chambers Order/Directive - no proceeding held,, #75 . (Appeal Fee - $505 Fee Paid, Receipt No. 0973-25189252.) (Matin, Ali)
January 24, 2020 Filing 112 MINUTES OF Status Conference held before Judge James V. Selna: Court and counselconfer. For the reasons stated on the record, counsel shall meet and confer, and submit a proposed joint order by January 24, 2020. Court Reporter: Sharon Seffens. (es)
January 23, 2020 Filing 111 STATUS REPORT RE DEBT SETTLEMENT OPERATIONS OF ARETE FINANCIAL GROUP LLC filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi. (Hawbecker, Ariana)
January 23, 2020 Filing 110 STATEMENT Regarding Proposed Order Regarding Debt Settlement Operations of Defendant Arete Financial Group, LLC re: Status Report #109 . (Fairchild, Stephen)
January 23, 2020 Filing 109 STATUS REPORT Proposed Order Regarding Debt Settlement Operations of Defendant Arete Financial Group, LLC filed by Plaintiff Federal Trade Commission. (Fairchild, Stephen)
January 22, 2020 Opinion or Order Filing 108 ORDER AUTHORIZING SERVICE OF PROCESS ON DEFENDANT ANNA C. HOWE BY ALTERNATIVE MEANS #81 by Judge James V. Selna. (See order for additional information.) (es)
January 21, 2020 Filing 107 MINUTES OF Status Conference held before Judge James V. Selna: For the reasons stated on the record, the Court continues this matter to January 24, 2020 at 8:00 a.m. Counsel shall meet and confer, and submit a status report no later than 12:00 noon on January 23, 2020. Court Reporter: Sharon Seffens. (es)
January 17, 2020 Opinion or Order Filing 106 NOTICE OF DISCREPANCY AND ORDER by Judge James V. Selna, ORDERING Letter submitted by Cheryl Spone received on 1/9/2020 is not to be filed but instead rejected. Denial based on: L.R. 83-2.5 No letter to the judge. (es)
January 17, 2020 Filing 105 AMENDED ANSWER of Oliver Pomazi to Complaint - (Discovery),, #1 filed by Defendant Oliver Pomazi. (Hawbecker, Ariana)
January 17, 2020 Filing 104 AMENDED ANSWER of Shunmin Hsu to Complaint - (Discovery),, #1 filed by Defendant Shunmin Mike Hsu. (Hawbecker, Ariana)
January 17, 2020 Filing 103 AMENDED ANSWER of Carey G. Howe to Complaint - (Discovery),, #1 filed by Defendant Carey G. Howe. (Hawbecker, Ariana)
January 17, 2020 Filing 102 AMENDED ANSWER of Ruddy Palacios to Complaint - (Discovery),, #1 filed by Defendant Ruddy Palacios. (Hawbecker, Ariana)
January 15, 2020 Opinion or Order Filing 101 NOTICE OF DISCREPANCY AND ORDER: by Judge James V. Selna, ORDERING Letter submitted by Francis Galvin received on 1/9/2020 is not to be filed but instead rejected. Denial based on: L.R. 83-2.5 No letter to the judge. (es)
January 15, 2020 Filing 100 AMENDED ANSWER to Complaint - (Discovery),, #1 filed by Defendants American Financial Support Services Inc., Jay Singh, US Financial Freedom Center, Inc.. (Mitchell, William)
January 13, 2020 Opinion or Order Filing 99 DENIED BY ORDER OF THE COURT by Judge James V. Selna, DENYING #95 EX PARTE APPLICATION FOR ORDER FOR APPROVAL AND CONFIRMATION OF SALE OF RECEIVERSHIP ENTITY'S DEBT SETTLEMENT ACCOUNTS (es)
January 10, 2020 Filing 98 NOTICE OF MOTION AND MOTION to Strike Reply (Motion related) #97 filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi. (Matin, Ali)
January 10, 2020 Filing 97 REPLY in support of EX PARTE APPLICATION for Order for Approval and Confirmation of Sale of Receivership Entity's Debt Settlement Accounts #95 filed by Receiver Thomas W. McNamara. (Chang, Edward)
January 9, 2020 Filing 96 Opposition in opposition to re: EX PARTE APPLICATION for Order for Approval and Confirmation of Sale of Receivership Entity's Debt Settlement Accounts #95 filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi. (Matin, Ali)
January 7, 2020 Filing 95 EX PARTE APPLICATION for Order for Approval and Confirmation of Sale of Receivership Entity's Debt Settlement Accounts filed by Receiver Thomas W. McNamara. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Thomas W. McNamara, #3 Declaration of Edward Chang, #4 Exhibit 1, #5 Proposed Order) (Chang, Edward)
January 6, 2020 Opinion or Order Filing 94 ORDER GRANTING STIPULATION TO MODIFY PRELIMINARY INJUNCTION ORDER TO PERMIT SHORT SALE OF CAREY HOWE'S RESIDENCE #92 by Judge James V. Selna. IT IS HEREBY ORDERED THAT: 1. The Stipulation is GRANTED. 2. The Order for Preliminary Injunction with Asset Freeze, Appointment of Receiver, and Other Equitable Relief (PI Order) is hereby modified to permit the short sale of defendant Carey's Howe's residence, located at 209 18th Street, Huntington Beach, California ("Residence"). 3. To the extent there are any unencumbered net proceeds available to Mr. Howe after the payment of liens, encumbrances, and costs associated with the short sale of the Residence, Mr. Howe shall cause such net proceeds to be placed in Bienert | Katzman PC's client trust account where they will be subject to the asset freeze in the PI Order until further Court order. (es)
January 3, 2020 Filing 93 APPLICATION for Attorney Fees filed by Receiver Thomas W. McNamara. Application set for hearing on 2/3/2020 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Declaration of Thomas W. McNamara, #2 Exhibit (s) A-E, #3 Proposed Order) (Chang, Edward)
January 3, 2020 Filing 92 STIPULATION to Modify Preliminary Injunction,, #79 filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi. (Attachments: #1 Proposed Order, #2 Certificate of Service)(Attorney Ali Matin added to party Oliver Pomazi(pty:dft))(Matin, Ali)
December 30, 2019 Filing 91 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint (Discovery), #84 . The following error(s) was/were found: Local Rule 7.1-1 No Notice of Interested Parties and/or no copies. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (es)
December 30, 2019 Opinion or Order Filing 90 ORDER AUTHORIZING RECEIVER TO LIQUIDATE OR ABANDON RECEIVERSHIP ESTATE ASSETS, VACATE LEASED PREMISES, AND RETURN LEASED VEHICLES TO LESSORS #83 by Judge James V. Selna. (es)
December 27, 2019 Filing 89 NOTICE of Interested Parties filed by Defendant Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios, Oliver Pomazi, (Hawbecker, Ariana)
December 27, 2019 Filing 88 ANSWER to Complaint - (Discovery),, #1 with JURY DEMAND filed by Defendant Oliver Pomazi.(Hawbecker, Ariana)
December 27, 2019 Filing 87 ANSWER to Complaint - (Discovery),, #1 with JURY DEMAND filed by Defendant Ruddy Palacios.(Hawbecker, Ariana)
December 27, 2019 Filing 86 ANSWER to Complaint - (Discovery),, #1 with JURY DEMAND filed by Defendant Shunmin Mike Hsu.(Hawbecker, Ariana)
December 27, 2019 Filing 85 ANSWER to Complaint - (Discovery),, #1 with JURY DEMAND filed by Defendant Carey G. Howe.(Hawbecker, Ariana)
December 27, 2019 Filing 84 ANSWER to Complaint - (Discovery),, #1 with JURY DEMAND filed by Defendants American Financial Support Services Inc., Jay Singh, US Financial Freedom Center, Inc..(Attorney William R Mitchell added to party American Financial Support Services Inc.(pty:dft), Attorney William R Mitchell added to party Jay Singh(pty:dft), Attorney William R Mitchell added to party US Financial Freedom Center, Inc.(pty:dft))(Mitchell, William)
December 23, 2019 Filing 83 EX PARTE APPLICATION for Order for Authorization for Receiver to Liquidate or Abandon Receivership Estate Assets, Vacate Leased Premises, Return Leased Vehicles to Lessors filed by Receiver Thomas W. McNamara. (Attachments: #1 Memorandum of Points and Authorities, #2 Declaration of Edward Chang, #3 Proposed Order) (Chang, Edward)
December 20, 2019 Filing 82 MEMORANDUM in Support of NOTICE OF MOTION AND MOTION to Authorize Service of Process on Defendant Anna C. Howe by Alternative Means #81 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Affidavit Appleton Aff., #2 Declaration Fairchild Decl., #3 Declaration France Decl., #4 Proposed Order, #5 Certificate of Service)(Fairchild, Stephen)
December 20, 2019 Filing 81 NOTICE OF MOTION AND MOTION to Authorize Service of Process on Defendant Anna C. Howe by Alternative Means filed by Plaintiff Federal Trade Commission. Motion set for hearing on 1/27/2020 at 01:30 PM before Judge James V. Selna. (Attachments: #1 Certificate of Service) (Fairchild, Stephen)
December 17, 2019 Opinion or Order Filing 79 ORDER FOR PRELIMINARY INJUNCTION WITH ASSET FREEZE, APPOINTMENT OF RECEIVER, AND OTHER EQUITABLE RELIEF by Judge James V. Selna. IT IS FURTHER ORDERED that, to the extent not already filed in compliance with the TRO, the Receiver shall file with the Clerk of this Court a bond in the sum of $5,000 with sureties to be approved by the Court. IT IS FURTHER ORDERED that Thomas W. McNamara, Esq. is appointed as permanent receiver ("Receiver") of the Receivership Entities with full powers of an equity receiver. The Receiver shall be solely the agent of this Court in acting as Receiver under this Order. (See document for further details.) (es)
December 12, 2019 Filing 78 Notice of Appearance or Withdrawal of Counsel: for attorney Cornelia Julianna Boleyn Gordon counsel for Receiver Thomas W. McNamara. Adding Cornelia J. B. Gordon as counsel of record for Thomas W. McNamara for the reason indicated in the G-123 Notice. Filed by Receiver Thomas W. McNamara. (Attorney Cornelia Julianna Boleyn Gordon added to party Thomas W. McNamara(pty:rc))(Gordon, Cornelia)
November 27, 2019 Filing 77 STIPULATION Extending Time to Answer the complaint as to American Financial Support Services Inc. answer now due 12/27/2019; Jay Singh answer now due 12/27/2019; US Financial Freedom Center, Inc. answer now due 12/27/2019, re Complaint - (Discovery),, #1 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Certificate of Service)(Fairchild, Stephen)
November 26, 2019 Filing 76 STIPULATION Extending Time to Answer the complaint as to Shunmin Mike Hsu answer now due 12/27/2019; Ruddy Palacios answer now due 12/27/2019; Oliver Pomazi answer now due 12/27/2019; Carey G. Howe answer now due 12/27/2019; Arete Financial Group answer now due 12/27/2019; Arete Financial Group LLC answer now due 12/27/2019; CBC Conglomerate LLC answer now due 12/27/2019; Diamond Choice Inc. answer now due 12/27/2019; J and L Enterprise LLC answer now due 12/27/2019; La Casa Bonita Investments, Inc. answer now due 12/27/2019; MJ Wealth Solutions, LLC answer now due 12/27/2019, re Complaint - (Discovery),, #1 filed by defendants Shunmin Mike Hsu; Ruddy Palacios; Oliver Pomazi; Carey G. Howe.(Attorney Ariana Seldman Hawbecker added to party Oliver Pomazi(pty:dft))(Hawbecker, Ariana)
November 26, 2019 Opinion or Order Filing 75 MINUTE ORDER IN CHAMBERS by Judge James V. Selna: Order Regarding Order to Show Cause Why a Preliminary Injunction Should Not Issue.Before the Court is the Federal Trade Commissions Application for an Order to Show Cause Why a Preliminary Injunction Should Issue. (Motion)., ECF No. 2-2.the Court GRANTS the preliminary injunction, GRANTS the request to freeze assets, appoints a receiver, GRANTS the request for limited expedited discovery, and GRANTS immediate access to Defendants business premises. (lc) Modified on 11/26/2019 (lc).
November 22, 2019 Filing 74 NOTICE OF FILING TRANSCRIPT filed for proceedings 11-18-19 3:12 p.m. re Transcript #73 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Seffens, Sharon) TEXT ONLY ENTRY
November 22, 2019 Filing 73 TRANSCRIPT for proceedings held on 11-18-19 3:12 p.m. Court Reporter/Electronic Court Recorder: Sharon Seffens, phone number sseffens@earthlink.net. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/13/2019. Redacted Transcript Deadline set for 12/23/2019. Release of Transcript Restriction set for 2/20/2020. (Seffens, Sharon)
November 19, 2019 Filing 71 DECLARATION of Richard McKewen Regarding Supplemental Declaration of Defendant Ruddy Palacios EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Certificate of Service)(McKewen, Richard)
November 19, 2019 Filing 70 DECLARATION of Ruddy Palacios re Response, #49 RE FTCS NOVEMBER 18, 2019 MISSTATEMENT CONCERNING ARETES ACCESS TO APPROXIMATELY $5.3 MILLION IN DEBT PAY GATEWAY FUNDS filed by Defendant Ruddy Palacios. (Hawbecker, Ariana)
November 15, 2019 Filing 69 JOINDER filed by Defendant Oliver Pomazi joining in Objection #59 , Response, #49 . (Matin, Ali)
November 15, 2019 Filing 68 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant American Financial Support Services Inc. served on 11/8/2019, answer due 11/29/2019; Jay Singh served on 11/8/2019, answer due 11/29/2019; US Financial Freedom Center, Inc. served on 11/8/2019, answer due 11/29/2019. Service of the Summons and Complaint were executed upon reception for William Mitchell, counsel authorized to accept service of process in compliance with Federal Rules of Civil Procedure by method of service not specified.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 67 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Oliver Pomazi served on 11/6/2019, answer due 11/27/2019. Service of the Summons and Complaint were executed upon Loc Phu a/k/a Oliver Pomazi in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 66 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Plaintiff J and L Enterprise LLC served on 11/7/2019, answer due 11/29/2019. Service of the Summons and Complaint were executed upon Loc Phu a/k/a Oliver Pomazi in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 65 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Ruddy Palacios served on 11/6/2019, answer due 11/27/2019. Service of the Summons and Complaint were executed upon Ruddy Palacios in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 64 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Diamond Choice Inc. served on 11/6/2019, answer due 11/27/2019. Service of the Summons and Complaint were executed upon Ruddy Palacios in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 63 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant CBC Conglomerate LLC served on 11/6/2019, answer due 11/27/2019. Service of the Summons and Complaint were executed upon Shunmin Hsu in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 62 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Carey G. Howe served on 11/6/2019, answer due 11/27/2019. Service of the Summons and Complaint were executed upon Carey Howe in compliance with Federal Rules of Civil Procedure by personal service.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 61 PROOF OF SERVICE Executed by Defendant Federal Trade Commission, upon Defendant Arete Financial Group served on 11/6/2019, answer due 11/27/2019. Service of the Summons and Complaint were executed upon Shunmin Hsu in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 60 PROOF OF SERVICE Executed by Plaintiff Federal Trade Commission, upon Defendant Arete Financial Group LLC served on 11/6/2019, answer due 11/27/2019. Service of the Summons and Complaint were executed upon Shunmin Hsu in compliance with Federal Rules of Civil Procedure by service on a domestic corporation, unincorporated association, or public entity.Original Summons NOT returned. (McKewen, Richard)
November 15, 2019 Filing 59 OBJECTIONS to Exhibit to Motion #55 filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios. (Matin, Ali)
November 15, 2019 Opinion or Order Filing 58 DENIED BY ORDER OF THE COURT by Judge James V. Selna: DENYING #56 APPLICATION TO STAY DISCLOSURE REQUIREMENT UNTIL FURTHER BRIEFING OR HEARING (es)
November 14, 2019 Filing 57 STATUS REPORT filed by Receiver Thomas W. McNamara. (Attachments: #1 Exhibit A, pt. 1, #2 Exhibit A, pt. 2, #3 Exhibit A, pt. 3)(Chang, Edward)
November 14, 2019 Filing 56 APPLICATION to Stay pending Disclosure Requirement Until Further Briefing or Hearing Order on Motion for Temporary Restraining Order #41 filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios. (Attachments: #1 Proposed Order) (Attorney Ariana Seldman Hawbecker added to party Carey G. Howe(pty:dft), Attorney Ariana Seldman Hawbecker added to party Shunmin Mike Hsu(pty:dft), Attorney Ariana Seldman Hawbecker added to party Ruddy Palacios(pty:dft)) (Hawbecker, Ariana)
November 14, 2019 Filing 55 EXHIBIT PX27 to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Certificate of Service)(McKewen, Richard)
November 14, 2019 Filing 54 EXHIBIT PX26 to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Certificate of Service)(McKewen, Richard)
November 14, 2019 Filing 53 SUPPLEMENT to EX PARTE APPLICATION for Temporary Restraining Order #3 Supplemental Memorandum in Support of Preliminary Injunction filed by Plaintiff Federal Trade Commission. (Attachments: #1 Certificate of Service)(McKewen, Richard)
November 14, 2019 Filing 52 NOTICE OF LODGING filed Proposed Preliminary Injunction re Order on Motion for Temporary Restraining Order #41 (Attachments: #1 Proposed Order, #2 Certificate of Service)(McKewen, Richard)
November 14, 2019 Filing 51 NOTICE OF LODGING filed (of non-paper physical exhibit) re Response, #49 (Matin, Ali)
November 14, 2019 Filing 50 Notice of Appearance or Withdrawal of Counsel: for attorney Ali Matin counsel for Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palacios. Adding Ali Matin as counsel of record for Carey Howe, Ruddy Palacios, and Shunmin Hsu for the reason indicated in the G-123 Notice. Filed by Defendants Carey Howe, Ruddy Palacios, and Shunmin Hsu. (Attorney Ali Matin added to party Carey G. Howe(pty:dft), Attorney Ali Matin added to party Shunmin Mike Hsu(pty:dft), Attorney Ali Matin added to party Ruddy Palacios(pty:dft))(Matin, Ali)
November 13, 2019 Filing 49 RESPONSE filed by Defendants Carey G. Howe, Shunmin Mike Hsu, Ruddy Palaciosto Order on Motion for Temporary Restraining Order #41 (Attachments: #1 Declaration of Carey Howe, #2 Exhibit to the Declaration of Carey Howe, #3 Declaration of Ruddy Palacios, #4 Declaration of Garrison Giali, #5 Evidentiary Objections, #6 Certificate of Service)(Hawbecker, Ariana)
November 13, 2019 Filing 48 RESPONSE filed by Defendants American Financial Support Services Inc., Jay Singh, US Financial Freedom Center, Inc.to Order on Motion for Temporary Restraining Order #41 (Mitchell, William)
November 11, 2019 Filing 47 Receiver's BOND in the amount of $ 5,000 posted by Receiver Thomas W. McNamara (Attachments: #1 Exhibit A) (Chang, Edward)
November 10, 2019 Filing 46 Notice of Appearance or Withdrawal of Counsel: for attorney Sanjay Bhandari counsel for Receiver Thomas W. McNamara. Adding Sanjay Bhandari as counsel of record for Thomas W. McNamara for the reason indicated in the G-123 Notice. Filed by Receiver Thomas W. McNamara. (Attorney Sanjay Bhandari added to party Thomas W. McNamara(pty:rc))(Bhandari, Sanjay)
November 10, 2019 Filing 45 Notice of Appearance or Withdrawal of Counsel: for attorney Edward Chang counsel for Receiver Thomas W. McNamara. Adding Edward Chang as counsel of record for Thomas W. McNamara for the reason indicated in the G-123 Notice. Filed by Receiver Thomas W. McNamara. (Attorney Edward Chang added to party Thomas W. McNamara(pty:rc))(Chang, Edward)
November 8, 2019 Opinion or Order Filing 44 ORDER UNSEALING CASE by Judge James V. Selna. IT IS HEREBY ORDERED that the case file shall be unsealed. The Clerk of the Court is directed to unseal the case file. (See order for further details.) (es)
November 6, 2019 Opinion or Order Filing 43 ORDER by Judge James V. Selna, GRANTING #8 Non-Resident Attorney Richard McKewen APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission, designating Robert J. Quigley as local counsel. (es)
November 6, 2019 Opinion or Order Filing 42 ORDER by Judge James V. Selna, GRANTING #7 Non-Resident Attorney Stephen T. Fairchild APPLICATION to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission, designating Robert J. Quigley as local counsel. (es)
November 4, 2019 Opinion or Order Filing 41 SEALED EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE, APPOINTMENT OF A TERMPORARY RECEIVER, AND OTHER EQUITABLE RELIEF, AND ORDER TO SHOW CAUSE WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE by Judge James V. Selna (es)
November 4, 2019 Opinion or Order Filing 40 SEALED ORDER GRANTING PLAINTIFF'S EX PARTE APPLICATION TO EXCEED PAGE LIMIT by Judge James V. Selna: (es)
November 4, 2019 Opinion or Order Filing 39 SEALED ORDER TEMPORARILY SEALING CASE FILE by Judge James V. Selna (es)
November 4, 2019 Filing 38 NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (lh)
November 4, 2019 Filing 37 NOTICE OF ASSIGNMENT to District Judge James V. Selna and Magistrate Judge Autumn D. Spaeth. (lh)
November 4, 2019 Filing 36 EXHIBIT Volume XI, PX23 Attach. VVV-PX25 to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit XI)(lh)
November 4, 2019 Filing 35 EXHIBIT Volume IX, PX23 Attach. JJJ - PX23 Attach. UUU to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit X, #2 Part 3 of Exhibit X)(lh)
November 4, 2019 Filing 34 EXHIBIT Volume IX, PX23 Attach. AAA - PX23 Attach. III to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit IX)(lh)
November 4, 2019 Filing 33 EXHIBIT Volume VIII, PX23 Attach. AA-PX23 Attach. ZZ to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit VIII, #2 Part 3 of Exhibit VIII)(lh)
November 4, 2019 Filing 32 EXHIBIT Volume VII, PX23 Attach. Q-PX23 Attach. Z to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit VII)(lh)
November 4, 2019 Filing 31 EXHIBIT Volume VI, PX23-PX23 Attach. P to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit VI)(lh)
November 4, 2019 Filing 30 EXHIBIT Volume V, PX20-PX22 to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit V)(lh)
November 4, 2019 Filing 29 EXHIBIT Volume IV, PX18-PX19 to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit IV)(lh)
November 4, 2019 Filing 28 EXHIBIT Volume III, PX11-PX17 to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit III, #2 Part 3 of Exhibit III, #3 Part 4 of Exhibit III)(lh)
November 4, 2019 Filing 27 EXHIBIT Volume II, PX7-PX10 to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit II)(lh)
November 4, 2019 Filing 26 EXHIBIT Volume I, PX1-PX6 to EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (Attachments: #1 Part 2 of Exhibit I-1)(lh)
November 4, 2019 Filing 25 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Anna C. Howe. (lh)
November 4, 2019 Filing 24 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Arete Financial Group LLC. (lh)
November 4, 2019 Filing 23 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant J and L Enterprise LLC. (lh)
November 4, 2019 Filing 22 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Arete Financial Group. (lh)
November 4, 2019 Filing 21 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Oliver Pomazi. (lh)
November 4, 2019 Filing 20 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant MJ Wealth Solutions, LLC. (lh)
November 4, 2019 Filing 19 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant La Casa Bonita Investments, Inc. (lh)
November 4, 2019 Filing 18 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Jay Singh. (lh)
November 4, 2019 Filing 17 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant American Financial Support Services Inc. (lh)
November 4, 2019 Filing 16 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant CBC Conglomerate LLC. (lh)
November 4, 2019 Filing 15 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Diamond Choice Inc. (lh)
November 4, 2019 Filing 14 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Carey G. Howe. (lh)
November 4, 2019 Filing 13 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant US Financial Freedom Center, Inc. (lh)
November 4, 2019 Filing 12 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Shunmin Mike Hsu. (lh)
November 4, 2019 Filing 11 21 DAY Summons Issued re Complaint - (Discovery), #1 as to Defendant Ruddy Palacios. (lh)
November 4, 2019 Filing 10 PLAINTIFFS DVD CONTAINING NON-PAPER PHYSICAL EXHIBIT Filed filed by Plaintiff Federal Trade Commission. (lh)
November 4, 2019 Filing 9 NOTICE OF LODGING Attachment B to Plaintiff's Exhibit 22 (PX22), Declaration of Scott. Attachment B to PX22 consists of six audio recordings in.wav format. Attachments OO, QQ, UU, WW, XX, and YY to Plaintiff's Exhibit 23 (PX23), Declaration of Laureen France consist of recordings of certain Defendants websites in.mp4 format. filed by Plaintiff Federal Trade Commission (lh)
November 4, 2019 Filing 8 APPLICATION of Non-Resident Attorney Richard McKewen to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for U.S. Government Attorney) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (lh)
November 4, 2019 Filing 7 APPLICATION of Non-Resident Attorney Stephen T. Fairchild to Appear Pro Hac Vice on behalf of Plaintiff Federal Trade Commission (Pro Hac Vice Fee - Not Required for U.S. Government Attorney) filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (lh)
November 4, 2019 Filing 6 PLAINTIFFS RECOMMENDATION FOR TEMPORARY RECEIVER re EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (lh)
November 4, 2019 Filing 5 PLAINTIFFS EX PARTE APPLICATION to Exceed Page Limit and Memorandum in Support Thereof, filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (lh)
November 4, 2019 Filing 4 DECLARATION of FTC Counsel Stephen T. Fairchild re EX PARTE APPLICATION to Seal Case #2 , EX PARTE APPLICATION for Temporary Restraining Order #3 filed by Plaintiff Federal Trade Commission. (lh)
November 4, 2019 Filing 3 PLAINTIFFS EX PARTE APPLICATION for (1)Temporary Restraining Order and Order to Show Cause why a Preliminary Injunction Should Not Issue, and (2)Order Waiving Notice Requirement, filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order) (lh)
November 4, 2019 Filing 2 Plaintiffs EX PARTE APPLICATION for Leave to Temporarily File Case Under Seal and Memorandum in Support Thereof, filed by Plaintiff Federal Trade Commission. (Attachments: #1 Proposed Order, #2 Proposed Memorandum) (lh)
November 4, 2019 Filing 1 COMPLAINT against Defendants American Financial Support Services Inc., Arete Financial Group, Arete Financial Group LLC, CBC Conglomerate LLC, Diamond Choice Inc., Anna C. Howe, Carey G. Howe, Shunmin Mike Hsu, J and L Enterprise LLC, La Casa Bonita Investments, Inc., MJ Wealth Solutions, LLC, Ruddy Palacios, Oliver Pomazi, Jay Singh, US Financial Freedom Center, Inc..Case assigned to Judge James V. Selna for all further proceedings. Discovery referred to Magistrate Judge Autumm D. Spaeth.(Filing fee $ 400 Not Required) Jury Demanded, filed by Plaintiff Federal Trade Commission. (Attachments: #1 Civil Cover Sheet) (lh)

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Search for this case: Federal Trade Commission v. American Financial Support Services Inc. et al
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Defendant: Ruddy Palacios
Represented By: Ali Matin
Represented By: Ariana Seldman Hawbecker
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Defendant: Carey G. Howe
Represented By: Ali Matin
Represented By: Ariana Seldman Hawbecker
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Defendant: Jay Singh
Represented By: William R Mitchell
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Defendant: Arete Financial Group LLC
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Defendant: Anna C. Howe
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Defendant: Oliver Pomazi
Represented By: Ariana Seldman Hawbecker
Represented By: Ali Matin
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Defendant: J and L Enterprise LLC
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Defendant: La Casa Bonita Investments, Inc.
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Defendant: CBC Conglomerate LLC
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Defendant: Ruddy Barahona
Represented By: Ali Matin
Represented By: Ariana Seldman Hawbecker
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Defendant: US Financial Freedom Center, Inc.
Represented By: William R Mitchell
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Defendant: MJ Wealth Solutions, LLC
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Defendant: Arete Financial Group
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Defendant: American Financial Support Services Inc.
Represented By: William R Mitchell
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Defendant: Diamond Choice Inc.
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Defendant: Shunmin Mike Hsu
Represented By: Ali Matin
Represented By: Ariana Seldman Hawbecker
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Plaintiff: Federal Trade Commission
Represented By: Richard E McKewen
Represented By: Robert J Quigley
Represented By: Stephen T Fairchild
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Receiver: Thomas W. McNamara
Represented By: Sanjay Bhandari
Represented By: Edward Chang
Represented By: Cornelia Julianna Boleyn Gordon
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Alternative dispute resolution (adr) provider: Robert Mockler
Represented By: Robert W Mockler
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