UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
Case No. 6:00 -Civ-1057-ORL-19B
FEDERAL TRADE COMMISSION, Plaintiff,
v.
LEISURE TIME MARKETING, INC., a Florida Corporation;
DISCOVERY RENTAL, INC., d/b/a Discovery Rentals, Inc., a Florida
Corporation;
MARLIN SWANSON;
BRITT SHENKMAN;
EDWARD M. SEBASTIAN; and
FEREIDOUN "FRED" KHALILIAN; Defendants.
STIPULATED FINAL ORDER OF PERMANENT INJUNCTION AGAINST LEISURE TIME
MARKETING, INC., DISCOVERY RENTAL, INC., MARLIN SWANSON, BRITT
SHENKMAN AND EDWARD M. SEBASTIAN
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"),
having filed its Complaint for a permanent injunction and other relief
in this matter, pursuant to Sections 13(b) and 19 of the Federal Trade
Commission Act ("FTC Act"), 15 U.S.C. §§ 53(b) and 57, and Section
4(a) of the Telemarketing and Consumer Fraud and Abuse Prevention Act,
15 U.S.C. § 6103(a), moved for an ex parte temporary restraining order
pursuant to Rule 65 of the Federal Rules of Civil Procedure (Fed. R.
Civ. P. 65), and for other equitable relief, including appointment of
a temporary receiver, an asset freeze and an order to show cause why a
preliminary injunction should not issue. The Court granted the
Commission's motion except as to the appointment of a receiver on
August 14, 2000. Defendants Leisure Time Marketing, Inc., Discovery
Rental, Inc., Marlin Swanson, Britt Shenkman and Edward M. Sebastian
and Plaintiff Federal Trade Commission, through their counsel, then
stipulated and consented to the terms, conditions, and findings of a
stipulated preliminary injunction order without the need of a hearing.
Defendants Leisure Time Marketing, Inc., Discovery Rental, Inc.,
Marlin Swanson, Britt Shenkman and Edward M. Sebastian, together with
Plaintiff Federal Trade Commission, through their counsel, have now
agreed to the entry of this Stipulated Final Order of Permanent
Injunction ("Final Order") by this Court in order to resolve all
matters in dispute against them in this action.
Being fully advised in the premises and acting upon the joint motion
of the parties, the Commission, Leisure Time Marketing, Inc.,
SNIPPETS:
UNITED STATES DISTRICT COURT
FEDERAL TRADE COMMISSION, Plaintiff,
LEISURE TIME MARKETING, INC., a Florida Corporation; DISCOVERY RENTAL, INC., d/b/a Discovery
FEREIDOUN "FRED" KHALILIAN; Defendants.
STIPULATED FINAL ORDER OF PERMANENT INJUNCTION AGAINST LEISURE TIME MARKETING, INC.,
SHENKMAN AND EDWARD M. SEBASTIAN
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), having filed its Complaint
The Court granted the Commission's motion except as to the appointment of a receiver on
Defendants Leisure Time Marketing, Inc., Discovery Rental, Inc., Marlin Swanson, Britt
The Complaint states a claim upon which relief may be granted against the Defendants under
"Vacation travel package" means any product or service that purports to provide
IT IS THEREFORE ORDERED that Defendants, Leisure Time Marketing, Inc., Discovery Rental,
irectly or through any trust, corporation, subsidiary, division or other device, in connection with
making any misrepresentation that consumers will receive free round trip airline tickets;
The Redress Payment shall be deposited into a redress fund, administered by the Commission,
E. If the Commission determines, in its sole discretion, that redress to purchasers is wholly
IT IS FURTHER ORDERED that the Defendants shall obtain a performance bond in the principal
Provide a copy of this Final Order to, and obtain a signed and dated acknowledgment of
usiness or directly or indirectly manages or controls the business, and where the business is
is Order, as required herein.
E. Copies of all sales scripts, training materials, advertisements, or other marketing
To obtain discovery, without further leave of court, from any person in the manner provided
The parties agree and stipulate to entry of the foregoing Order as a Stipulated Permanent
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