 |
 |
|
|
|
|
|
|
|
| | | |
|
|
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
1
.
REQUEST FOR ENTRY
|
EXTRACTED KEY WORDS
YORK UNITED STATES ENFORCEMENT DEFENDANT CONSENT DECREE ASSISTANT FEDERAL TRADE COMMISSION DISTRICT PLAINTIFF BANKRUPTCY PROCEEDING COURT AMERICA ACTING ASSISTANT ATTORNEY PROVISION PAYMENT CIVIL DIVISION JUSTICE SOUTHERN DISTRICT NAHDREE GROUP REQUEST PARTIES GOVERNMENTAL UNIT POLICE REGULATORY POWER JUDGEMENT REQUIRING TRUSTEE DAVID |
MARY JO WHITE
United States Attorney
By: Silvia L. Serpe
Assistant United States Attorney
1 Saint Andrew's Plaza
New York, New York 10007
Tel: 212-637-2200
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA, Plaintiff,
v.
THE NAHDREE GROUP, LTD., a corporation, Defendant.
Civil Action No.
REQUEST FOR ENTRY OF CONSENT DECREE
Plaintiff, the United States of America, acting upon notification and
authorization to the Attorney General by the Federal Trade Commission
("Commission"), and defendant The Nahdree Group, LTD., respectfully
request that this Court enter the submitted Consent Decree.
The Consent Decree was signed by the parties in March, 1999.
Subsequent to that signing but before the Consent Decree could be
filed in this Court, the defendant filed Chapter 11 bankruptcy in the
District of New Jersey (Case No. 99-37076-RG). Although most actions
are automatically stayed by bankruptcy, there is a law enforcement
exception to the automatic stay, which provides that the automatic
stay provisions do not apply to "the commencement or continuation of
an action or proceeding by a governmental unit . . . to enforce such
governmental unit's or organization's police and regulatory power,
including the enforcement of a judgment other than a money judgment,
obtained in an action or proceeding by the governmental unit to
enforce such governmental unit's or organization's police or
regulatory power." 11 U.S.C. § 362(b)(4). Thus, plaintiff could have
filed the Consent Decree with the understanding that the provision in
the Consent Decree requiring a monetary payment (Paragraph 3) would be
subject to the automatic stay. Nonetheless, plaintiff postponed filing
to allow time to consult with the Commission, the defendant, and the
Chapter 11 trustee regarding the most efficient way to proceed.
After consultation with the Chapter 11 trustee, the parties have
agreed that this Order can and should be entered now. Re-executing the
Order to reflect the existence of the bankruptcy is unnecessary and
SNIPPETS:
|
|
2
.
COMPLAINT
|
EXTRACTED KEY WORDS
CARE LABELING RULE VIOLATION FTC ACT DEFENDANT YORK UNITED STATES CIVIL PENALTIES COMPLAINT ATTORNEY COURT PLAINTIFF TEXTILE WEARING APPAREL SOUTHERN DISTRICT FEDERAL TRADE COMMISSION SALE RELIEF AFFECTING COMMERCE AUTHORIZES MONETARY CIVIL PENALTIES PRACTICES CARE LABEL CARE INSTRUCTIONS ASSISTANT NAHDREE GROUP INJUNCTION DRY CLEANING GARMENTS AWARD ADEQUATE |
MARY JO WHITE
United States Attorney
By: Silvia L. Serpe
Assistant United States Attorney
1 Saint Andrew's Plaza
New York, New York 10007
Tel: 212-637-2200
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA, Plaintiff,
v.
THE NAHDREE GROUP, LTD., a corporation, Defendant.
Civil Action No.
COMPLAINT FOR CIVIL PENALTIES,
INJUNCTIVE, AND OTHER RELIEF
Plaintiff, the United States of America, acting upon notification and
authorization to the Attorney General by the Federal Trade Commission
("Commission"), for its complaint alleges that:
1. Plaintiff brings this action under Sections 5(a)(1), 5(m)(1)(A), 9,
13(b), 16(a) and 19 of the Federal Trade Commission Act ("FTC Act"),
15 U.S.C. §§ 45(a)(1), 45(m)(1)(A), 49, 53(b), 56(a) and 57b to obtain
monetary civil penalties and injunctive and other relief for
defendant's violations of the Commission's Trade Regulation Rule
Concerning the Care Labeling of Textile Wearing Apparel, 16 C.F.R.
Part 423 ("the Care Labeling Rule").
JURISDICTION AND VENUE
2. The Court has jurisdiction over this matter under 28 U.S.C.
1331, 1337(a), 1345, and 1355 and under 15 U.S.C. §§ 45(m)(1)(A), 49,
53(b), 56(a) and 57b. This action arises under 15 U.S.C. § 45(a)(1).
3. Venue in the Southern District of New York is proper under 15
U.S.C. § 53(b) and under 28 U.S.C. §§ 1391(b-c) and 1395(a).
DEFENDANT
4. Defendant The Nahdree Group, Ltd. is a Delaware corporation with
its office and principal place of business located within the Southern
District of New York at 530 Seventh Avenue, New York, New York 10018.
SNIPPETS:
|
|
3
.
CONSENT
|
EXTRACTED KEY WORDS
CARE CONSENT DECREE FEDERAL TRADE FEDERAL TRADE COMMISSION UNITED STATES GARMENT ATTORNEY YORK CONSUMER TEXTILE WEARING APPAREL PLAINTIFF FINANCIAL DISCLOSURE STATEMENTS COURT COMPLAINT SUCCESSORS PAYMENT PARAGRAPH ENFORCEMENT SAMPLE GARMENT INSTRUCTIONS NAHDREE GROUP PARTIES CIVIL DIVISION WASHINGTON CARE LABELING BUREAU CONSUMER PROTECTION SALE CARE LABEL |
MARY JO WHITE
United States Attorney
By: Silvia L. Serpe
Assistant United States Attorney
1 Saint Andrew's Plaza
New York, New York 10007
Tel: 212-637-2200
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK
UNITED STATES OF AMERICA, Plaintiff,
v.
THE NAHDREE GROUP, LTD., a corporation, Defendant.
Civil Action No.
CONSENT DECREE
WHEREAS: Plaintiff, the United States of America, has commenced this
action by filing the complaint herein; defendant has waived service of
the summons and complaint; the parties have been represented by the
attorneys whose names appear hereafter; and the parties have agreed to
settlement of this action upon the following terms and conditions,
without adjudication of any issue of fact or law and without defendant
admitting liability for any of the matters alleged in the complaint;
THEREFORE, on the joint motion of plaintiff and defendant, it is
hereby ORDERED, ADJUDGED, and DECREED as follows:
1. This Court has jurisdiction of the subject matter and of the
parties.
2. The complaint states a claim upon which relief may be granted
against the defendant under Sections 5(a)(1), 5(m)(1)(A), 9,
13(b), 16(a) and 19 of the Federal Trade Commission Act, 15 U.S.C.
§§ 45(a)(1), 45(m)(1)(A), 49, 53(b), 56(a) and 57b.
CIVIL PENALTY
3. Defendant The Nahdree Group, Ltd., its successors and assigns,
shall pay to plaintiff a civil penalty, pursuant to Section
5(m)(1)(A) of the Federal Trade Commission Act, 15 U.S.C.
45(m)(1)(A), in the amount of $200,000. Based on defendant's sworn
representations in the Form 10-K filed with the United States
Securities and Exchange Commission for the years 1997 and 1998,
and the Form 10-Q filed with the United States Securities and
Exchange Commission for the quarters ending August 31, 1998 and
November 30, 1998, hereinafter together designated "Financial
SNIPPETS:
|
|
|
| | | |
|
|
