Based the forgoing, the Court shall issue an injunction that is preliminary using the definitions established below.
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- 16 March, 2021
DEFINITIONS
1. “Asset” means any appropriate or equitable curiosity about, straight to, or claim to, any genuine, personal, or intellectual home including, however restricted to, chattel, products, instruments, gear, fixtures, basic intangibles, impacts, leaseholds, agreements, mail or any other deliveries, stocks of stock, securities, stock, checks, records, reports, credits, receivables (as those terms are defined into the Uniform Commercial Code), money, trusts, including not restricted to asset security trusts, and book funds or other reports related to any re re payments prepared with respect to any Defendant, including, although not limited by, such book funds held with payment processor, bank 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 into the use of the expression when you look at the Federal Rules of Civil Procedure 34(a), and includes composing, drawings, graphs, maps, sites, webpages, the websites, electronic communication, including e-mail and immediate messages, photographs, sound and video tracks, contracts, accounting information, ads (including, however limited by, ads added to the World Wide Web), FTP Logs, Server Access Logs, USENET Newsgroup postings, Around The Globe website pages, publications, written or printed records, handwritten records, phone logs, telephone scripts, receipt publications, ledgers, individual and business canceled checks and always check registers, bank statements, visit books, computer documents, along with other information compilations from where information can be acquired and translated, if required, through detection products into fairly usable type. A draft or non-identical content is a split document inside the concept of the definition of.
4. “Person” means a normal individual, company, or other appropriate entity, including a company, partnership, proprietorship, relationship, cooperative, federal government or government subdivision or agency, or just about any other team or combination acting being 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 participation together with them whom gets notice that is actual of purchase by individual solution or perhaps.
8. “Tucker Defendants” means Scott A. Tucker, AMG Capital Management, LLC, amount 5 Motorsports, LLC, Ebony Creek Capital Corporation, LeadFlash asking LLC, Broadmoor Capital Partners, LLC, and Nereyda M. Tucker, as Executor of this Estate of Blaine A. Tucker, and their successors, entities, assigns, affiliates, or subsidiaries.
SUMMARY
IT REALLY IS HEREBY REQUESTED that the Tucker Defendants’ movement for Extension of Time (ECF No. 786) as well as the Relief Defendants’ movement for Extension of the time (ECF No. 792) are REJECTED as moot.
IT REALLY IS FURTHER ORDERED that the Tucker Defendants’ movement to Reconsider (ECF No. 808) is DENIED.
IT REALLY IS FURTHER REQUESTED that the FTC’s movement to Unseal (ECF No. 810) is AWARDED in part and DENIED in part. The Clerk is bought to UNSEAL the documents that are following 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 stay filed under SEAL.
IT REALLY IS FURTHER ORDERED that the FTC’s movement for Preliminary Injunction (ECF No. 780) is GIVEN pursuant to the following terms: