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1
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EX PARTE TEMPORARY RESTRAINING ORDER
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EXTRACTED KEY WORDS
COMMISSION ASSETS INJUNCTION COURT BUSINESS ACT FEDERAL TRADE COMMISSION FTC PARTIES EXPEDITED DISCOVERY RELIEF CONSUMER PURSUANT HIV TESTS SALE PLAINTIFF DECLARATIONS ACCOUNTING JURISDICTION PARAGRAPH PRELIMINARY INJUNCTION MATERIALS ROTHBART COMPLAINT TEMPORARY RESTRAINING ORDER RESTRAINING ORDER ASSET FREEZE PLEADINGS EXHIBITS |
Middle Distric) of
By: d
e.`-
:
_ ,`?
UNITED STATES DISTRICT COURT
,r. . . :
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
.- .-
FEDERAL TRADE COMMISSION,
Plaintiff,
V.
DAVID M. ROTHBART, individually and
doing business as MEDIMAX, INC.
Defendant.
B) EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET
FREEZE, ORDER REQUIRING AN ACCOUNTING, ORDER PERMITTING
EXPEDITED DISCOVERY, AND ORDER TO SHOW CAUSE WHY A
PRELIMINARY INJUNCTION SHOULD NOT ISSUE
Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), has filed a
complaint for permanent injunction and other relief, including redress for consumers,
pursuant to Section 13(b) of the Federal Trade Commission Act ("FTC Act"), 15 U.S.C.
$ 53(b), and has moved ex parte for a temporary restraining order with asset freeze, an
order requiring an accounting, an order permitting expedited discovery, and other relief.
The Court has considered the pleadings, declarations, exhibits, and memorandum filed in
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2
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COMPLAINT
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EXTRACTED KEY WORDS
FTC ACT HIV TESTS RELIEF COURT VIOLATIONS DISTRICT FEDERAL TRADE COMMISSION ROTHBART UNITED STATES FLORIDA EQUITABLE RELIEF PRACTICES INJUNCTION PLAINTIFF BUSINESS CONSUMERS MIDDLE DISTRICT ATTORNEYS FALSE ADVERTISING IMMUNODEFICIENCY WEB SITE INJURE CONSUMERS AWARD MEDIMAX DELAWARE CORPORATION DECEPTIVE ACTS DELTONA INFECTION HUMAN IMMUNODEFICIENCY VIRUS |
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FEDERAL TRADE COMMISSION,
Plaintiff,
v.
MEDIMAX, INC., a Delaware Corporation; and
DAVID M. ROTHBART, individually and as an officer and director of
Medimax, Inc.,
Defendants.
Case No. 99-1485-CIV-ORL-99A
AMENDED COMPLAINT FOR PERMANENT INJUNCTION AND OTHER EQUITABLE RELIEF
Plaintiff, the Federal Trade Commission ("FTC" or "Commission" ), by
its undersigned attorneys, alleges as follows:
1. This is an action under Section 13(b) of the Federal Trade
Commission Act ("FTC Act"), 15 U.S.C. § 53(b), to secure injunctive
relief and other equitable relief against defendants for their
deceptive acts and practices and false advertising in violation of
Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52.
JURISDICTION AND VENUE
2. This Court has subject matter jurisdiction over plaintiff's claim
pursuant to 15 U.S.C. §§ 45(a), 52, and 53(b), and 28 U.S.C. §§ 1331,
1337(a) and 1345.
3. Venue in the United States District Court for the Middle District
of Florida is proper under 15 U.S.C. § 53(b) and 28 U.S.C. § 1391(b).
THE PARTIES
4. Plaintiff FTC is an independent agency of the United States
Government created by statute. 15 U.S.C. §§ 41 - 58. The FTC enforces
Sections 5(a) and 12 of the FTC Act, 15 U.S.C. §§ 45(a) and 52, which
prohibit, respectively, deceptive acts or practices, and false
advertisements for food, drugs, devices, services or cosmetics, in or
affecting commerce. The FTC is authorized under Section 13(b) of the
FTC Act, 15 U.S.C. § 53(b), to initiate federal district court
proceedings to enjoin violations of the FTC Act, and to secure such
equitable relief as may be appropriate in each case.
5. Defendant Medimax, Inc. ("Medimax") is a Delaware corporation with
its registered office located at 802 West Street, Wilmington,
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3
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STIPULATED FINAL ORDER
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EXTRACTED KEY WORDS
COMMISSION BUSINESS MEDIMAX COMPLAINT ROTHBART STIPULATE UNITED STATES ACT COURT FEDERAL TRADE COMMISSION DAVID FTC ENTRY PERMANENT INJUNCTION MONETARY RELIEF UNITED STATES DISTRICT DELAWARE CORPORATION PLAINTIFF SETTLEMENT HIV TEST REPRESENTATIVES MARKETING DISTRIBUTION MIDDLE DISTRICT ADVERTISING PROMOTION PARTICIPATING MATERIALS EMPLOYEES |
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
FEDERAL TRADE COMMISSION, Plaintiff,
v.
MEDIMAX, INC., a Delaware Corporation; DAVID M. ROTHBART, individually
and as an officer and director of Medimax, Inc., Defendants.
Case No. 99-1485-CIV-ORL-99A
STIPULATED FINAL ORDER FOR PERMANENT INJUNCTION
AND
SETTLEMENT OF CLAIMS FOR MONETARY RELIEF
On November 22, 1999, plaintiff, the Federal Trade Commission ("FTC"
or "Commission"), commenced this action by filing a Complaint for
permanent injunction and other relief pursuant to Section 13(b) of the
Federal Trade Commission Act ("FTC Act"), 15 U.S.C. § 53(b) against
David M. Rothbart, individually and doing business as Medimax, Inc.
The Complaint was subsequently amended to name Medimax, Inc., a
Delaware corporation, as a defendant.
The Commission and defendants have stipulated to the entry of the
following Stipulated Final Order for Permanent Injunction and
Settlement of Claims for Monetary Relief ("Order") in settlement of
the Commission's complaint against defendants. The Court, being
advised in the premises, finds as follows:
FINDINGS
1. In its complaint, the Commission alleged that defendants violated
Sections 5(a) and 12 of the Federal Trade Commission Act ("FTC Act"),
15 U.S.C. §§ 45(a) and 52. The Commission sought both permanent
injunctive relief and consumer redress for alleged deceptive acts or
practices by defendants in connection with the marketing and sale of
tests that purportedly detected the human immunodeficiency virus in
human blood.
2. The Commission has the authority under Section 13(b) of the FTC
Act, 15 U.S.C. §53(b), to seek the relief it has requested.
3. This Court has jurisdiction over the subject matter of this action
and has jurisdiction over defendants. Venue in the Middle District of
Florida is proper, and the Complaint states a claim upon which relief
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