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FTC v NUEVA FURNITURE INC Click to find out why . . .



Keywords & Phrases
CaseNo: FVNFI129558, CourtCode: FED, CourtName: FEDERAL TRADE COMMISSION, Plaintiff: FTC, State: NY New York, UniqueCaseRef: LCD>FVNFI129558, Federal Trade Commission, Nueva Furniture, Refund, Ftc Act, Complaint, York, Mattresses, Entry, United States, Eastern District, Act, Permanent Injunction, Walter Carriel, Sales, Consumer, Pursuant, Relief, Violations, Consumers, Mattress, General Counsel, Ann, Weintraub, Phyllis, Prunty, Stipulated Order, Employees, Practices, Paragraph, Proposed Change, District, Materials, Equitable Relief, Deceptive Acts, Sell, Rebuilt, Imperial Orthopedic-type, Sale, Ticking, Jurisdiction , ContentID: 120247534

Case Documents
1   STIPULATED ORDER
[ see first page and extracted highlights below  ] ItemID: 117942
12 pages
HTML
2   COMPLAINT
[ see first page and extracted highlights below  ] ItemID: 117941
4 pages
HTML
Total Documents: 2 documents , 16 pages
Price: $ 24.95


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1 . STIPULATED ORDER

EXTRACTED KEY WORDS
FEDERAL TRADE COMMISSION
NUEVA FURNITURE
REFUND
COURT
COMPLAINT
FTC ACT
ENTRY
YORK
UNITED STATES
EASTERN DISTRICT
BUSINESS
PERMANENT INJUNCTION
WALTER CARRIEL
SALES
CONSUMER
PLAINTIFF
PURSUANT
ATTORNEYS
MATTRESSES
MATTRESS
GENERAL COUNSEL
ANN
WEINTRAUB
PHYLLIS
PRUNTY
STIPULATED ORDER
EMPLOYEES
PARAGRAPH
PROPOSED CHANGE
   DEBRA A. VALENTINE
   General Counsel

   ANN F. WEINTRAUB (AW 3080)
   PHYLLIS H. MARCUS
   JAMES A. PRUNTY
   Attorneys for Plaintiff
   Federal Trade Commission
   One Bowling Green, Suite 318
   New York, NY 10004
   (212) 607-2815

                    UNITED STATES DISTRICT COURT FOR THE
                        EASTERN DISTRICT OF NEW YORK

                         FEDERAL TRADE COMMISSION,
                                 Plaintiff,
                                     v.
                           NUEVA FURNITURE, INC.,
                                    and
                              WALTER CARRIEL,
                                Defendants.

    STIPULATED ORDER FOR PERMANENT INJUNCTION, PRODUCT REFUND, AND OTHER
                              EQUITABLE RELIEF

                      Civil Action No. _______________

   Plaintiff, the Federal Trade Commission ("FTC" or "Commission"), has
   filed its 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), charging defendants Nueva Furniture, Inc. ("Nueva
   Furniture") and Walter Carriel with violating Section 5 of the FTC
   Act.

   The parties have agreed to the entry of this Stipulated Order for
   Permanent Injunction ("Order") by this Court to resolve all matters of
   dispute between them in this action.

   NOW, THEREFORE, plaintiff Federal Trade Commission and defendants
   Nueva Furniture and Walter Carriel, having requested the Court to
   enter this Order,

                                  FINDINGS

   NOW, THEREFORE, on joint motion of the parties, IT IS HEREBY ORDERED,
   ADJUDGED, AND DECREED as follows:

SNIPPETS:
  • General Counsel
  • Attorneys for Plaintiff Federal Trade Commission One Bowling Green,
  • UNITED STATES DISTRICT COURT FOR THE
  • EASTERN DISTRICT OF NEW YORK
  • STIPULATED ORDER FOR PERMANENT INJUNCTION, PRODUCT REFUND, AND OTHER
  • Plaintiff, the Federal Trade Commission, has filed its complaint for permanent injunction and
  • The parties have agreed to the entry of this Stipulated Order for Permanent Injunction by
  • NOW, THEREFORE, plaintiff Federal Trade Commission and defendants Nueva Furniture and Walter
  • Venue is proper as to all parties in the Eastern District of New York;
  • The activities of defendants are in or affecting commerce, as defined in the FTC Act, 15
  • The Complaint states a claim upon which relief may be granted against defendants under
  • Defendants waive all rights to seek appellate review or otherwise challenge or contest the
  • "Consumer" means a purchaser, customer, or natural person.
  • "Inventory" shall mean the household furniture, including used mattresses, held by defendants
  • PROHIBITED BUSINESS PRACTICES
  • That any mattress is all new except for the springs when in fact it is comprised of a used
  • To effectuate this Paragraph, within ten days after entry of this Order, defendants shall
  • Commission of any proposed change in the structure of the
  • obtained by defendants pursuant to Paragraph VIII of this
  • FOR THE PLAINTIFF: FOR THE DEFENDANTS: ANN F. WEINTRAUB PHYLLIS H.MARCUS JIM PRUNTY

  • 2 . COMPLAINT

    EXTRACTED KEY WORDS
    ACT
    DEFENDANTS
    FTC ACT
    NUEVA FURNITURE
    RELIEF
    COURT
    VIOLATIONS
    CONSUMERS
    FEDERAL TRADE COMMISSION
    YORK
    PRACTICES
    PLAINTIFF
    DISTRICT
    MATERIALS
    EQUITABLE RELIEF
    DECEPTIVE ACTS
    SELL
    ATTORNEYS
    UNITED STATES
    EASTERN DISTRICT
    COMPLAINT
    BUSINESS
    REBUILT
    IMPERIAL ORTHOPEDIC-TYPE
    SALE
    TICKING
    JURISDICTION
    AFFECTING COMMERCE
    SELLERS
    
       DEBRA A. VALENTINE
       General Counsel
    
       ANN F. WEINTRAUB (AW 3080)
       PHYLLIS H. MARCUS
       JAMES A. PRUNTY
       Attorneys for Plaintiff
       Federal Trade Commission
       One Bowling Green, Suite 318
       New York, NY 10004
       (212) 607-2815
    
                            UNITED STATES DISTRICT COURT
                        FOR THE EASTERN DISTRICT OF NEW YORK
    
                             FEDERAL TRADE COMMISSION,
                                     Plaintiff,
                                         v.
                             NUEVA FURNITURE, INC., and
        WALTER CARRIEL, individually and as an officer or director of Nueva
                                  Furniture, Inc.,
                                    Defendants.
    
                           Civil Action No. ____________
    
                COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
    
       Plaintiff, the Federal Trade Commission ("FTC" or "Commission") brings
       this action under Section 13(b) of the Federal Trade Commission Act
       ("FTC Act"), 15 U.S.C. § 53(b), to secure preliminary and permanent
       injunctive relief, restitution, disgorgement, and other equitable
       relief for deceptive acts or practices in violation of Section 5(a) of
       the FTC Act, 15 U.S.C. § 45(a). For its Complaint, plaintiff, by its
       undersigned attorneys, alleges:
    
                               JURISDICTION AND VENUE
    
       1. This Court has subject matter jurisdiction over this matter
       pursuant to 28 U.S.C. §§ 1331, 1337(a) and 1345 and 15 U.S.C. §§ 45(a)
       and 53(b).
    
       2. Venue in the United States District Court for the Eastern District
       of New York is proper under 28 U.S.C. § 1391(b) and (c), and 15 U.S.C.
       § 53(b).
    
                                    THE PARTIES
    
       3. Plaintiff, the Federal Trade Commission, is an independent agency
    
    SNIPPETS:
  • Attorneys for Plaintiff Federal Trade Commission One Bowling Green,
  • UNITED STATES DISTRICT COURT
  • FOR THE EASTERN DISTRICT OF NEW YORK
  • COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF
  • Plaintiff, the Federal Trade Commission brings this action under Section 13of the Federal
  • This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C. §§ 1331,
  • Venue in the United States District Court for the Eastern District of New York is proper
  • The Commission is charged, inter alia, with enforcement of Section 5of the FTC Act, 15 U.S.C.
  • The Commission is authorized to initiate federal district court proceedings, by its own
  • Defendant Nueva Furniture, Inc. was incorporated in 1988 as a New York corporation.
  • Nueva Furniture transacts business within the Eastern District of New York by promoting its
  • It obtains many of its products from out-of-state wholesale sellers, including sellers in the
  • At all times relevant to this complaint, defendants have maintained a substantial course of
  • DEFENDANTS' BUSINESS PRACTICES
  • Defendant Walter Carriel owns and operates defendant Nueva Furniture, Inc. Nueva Furniture is
  • Used mattresses are commonly referred to as "rebuilt" mattresses.
  • Ticking is the term for the strong fabric used as a covering for mattresses and other
  • Defendant Nueva Furniture sells used mattresses under the brand name "Imperial
  • Nueva Furniture's sales staff has represented on at least two occasions within the last 120
  • In truth and in fact, defendants' "Imperial Orthopedic-type" mattresses and other used
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