Plaintiff Federal Trade Commission alleges that Defendants NextClick Media, LLC, Next Internet LLC, Kenneth Chan and Albert Chen operate several websites advertising for sale over the Internet free trials of various products. Although Defendants claim that the trial of the product is free or that there is no cost to try the product other than a small shipping and handling charge, consumers who elect to keep the product (including the trial product) are charged the same price that is charged for a month's supply. Although Defendants claim that consumers will receive a full refund upon returning unused product from the initial shipment, consumer who elect to return unused product must pay the postage for returning the product and are assessed a restocking fee as well.
|
Date Filed
|
#
|
Docket Text
|
| March 31, 2008 |
1
|
COMPLAINT FOR INJUNCTIVE AND OTHER EQUITABLE RELIEF; summons issued against Nextclick Media LLC, Next Internet LLC, Kenneth Chan, Albert Chen (Filing fee: waived). Filed by Federal Trade
Commission. (slh, COURT STAFF) (Filed on 3/31/2008) (Additional attachment(s) added on 4/22/2008: # 1 2, # 2 3, # 3 4, # 4 5, # 5 6) (gsa, COURT STAFF). (Entered: March 31, 2008)
|
| March 31, 2008 |
2
|
MOTION for Temporary Restraining Order with asset freeze, appointment of Receiver, Order to Show Cause why a preliminary injunction should not issue, and other equitable relief filed by
Federal Trade Commission. (slh, COURT STAFF) (Filed on 3/31/2008) (Additional attachment(s) added on 4/22/2008: # 1 TRO
Motion) (gsa, COURT STAFF). (Entered: March 31, 2008)
|
| March 31, 2008 |
3
|
MEMORANDUM OF POINTS AND AUTHORITIES in Support re 2 MOTION for Temporary Restraining Order filed by Federal Trade Commission.
(Related document(s) 2 ) (slh, COURT STAFF) (Filed on 3/31/2008) (gsa, COURT STAFF). (Entered: March 31, 2008)
|
| March 31, 2008 |
4
|
EVIDENCE in Support re plaintiff's 2 MOTION for Temporary Restraining Order (Volume I) filed by Federal Trade Commission.
(Related document(s) 2 ) (slh, COURT STAFF) (Filed on 3/31/2008) (Additional attachment(s) added on 4/22/2008: # 1 1B, # 2 1C, # 3 1D, # 4 1E, # 5 1F, # 6 1G, # 7 1H, # 8 1I, # 9 1J, # 10 1K, # 11 1L, # 12 1M, # 13 1N) (gsa, COURT STAFF). (Entered: March 31, 2008)
|
| March 31, 2008 |
5
|
EVIDENCE in Support re plaintiff's 2 MOTION for Temporary Restraining Order (Volume II) filed by Federal Trade Commission.
(Related document(s) 2 ) (slh, COURT STAFF) (Filed on 3/31/2008) (Additional attachment(s) added on 4/22/2008: # 1 2B, # 2 2C, # 3 2D, # 4 2E, # 5 2F, # 6 2G, # 7 2H, # 8 2I, # 9 2J, # 10 2K, # 11 2L, # 12 2M, # 13 2N, # 14 2O, # 15 2P, # 16 2Q, # 17 2R, # 18 2S) (gsa, COURT STAFF). (Entered: March 31, 2008)
|
| March 31, 2008 |
6
|
Plaintiff's Recommendation for Temporary Receiver filed by Federal Trade Commission. (slh, COURT STAFF) (Filed on 3/31/2008) (gsa, COURT STAFF). (Entered: March 31, 2008)
|
| March 31, 2008 |
21
|
Proposed Temporary Restraining Order submitted by Federal Trade Commission. (slh, COURT STAFF) (Filed on 3/31/2008) (gsa, COURT STAFF). (Entered: March 31, 2008)
|
| March 31, 2008 |
22
|
Proposed Preliminary Injunction submitted by Federal Trade Commission. (slh, COURT STAFF) (Filed on 3/31/2008) (gsa, COURT STAFF). (Entered: March 31, 2008)
|
| March 31, 2008 |
7
|
ADR SCHEDULING ORDER: Case Management Statement due by 7/2/2008. Case Management Conference set for 7/9/2008 04:00 PM. (slh, COURT STAFF) (Filed on 3/31/2008) (Entered: March 31, 2008)
|
| March 31, 2008 |
|
CASE DESIGNATED for Electronic Filing. (slh, COURT STAFF) (Filed on 3/31/2008) (Entered: March 31, 2008)
|
| March 31, 2008 |
8
|
ORDER REASSIGNING CASE. Case reassigned to Judge Hon. Vaughn R. Walker for all further proceedings. Judge Magistrate Judge Wayne D. Brazil no longer assigned to the case. Signed by
Executive Committee on 3/31/08. (mab, COURT STAFF) (Filed on 3/31/2008) (Entered: March 31, 2008)
|
| March 31, 2008 |
9
|
ADR SCHEDULING ORDER: Case Management Conference set for 7/3/2008 03:30 PM. Case Management Statement due by 6/26/2008.. Signed by Judge Vaughn R. Walker on 3/31/2008. (Attachments: #
1 CMC-VRW, # 2 CM Standing Order 3-1-07)(gsa, COURT STAFF) (Filed
on 3/31/2008) (Entered: April 1, 2008)
|
| April 2, 2008 |
10
|
**PLEASE SEE CORRECTED DATE FOR POS ON DOCUMENT NO. 11*** SUMMONS Returned Executed by Federal Trade Commission. Nextclick Media LLC served on 3/31/2008, answer due 4/21/2008; Next
Internet LLC served on 3/31/2008, answer due 4/21/2008; Kenneth Chan served on 3/31/2008, answer due 4/21/2008; Albert Chen served on 3/31/2008, answer due 4/21/2008. (Attachments: #
1 as to Kenneth Chan, # 2 as to Next Internet, LLC, # 3 as to Nextclick Media, LLC)(sv, COURT STAFF) (Filed on 4/2/2008) Modified on 4/2/2008 (sv, COURT STAFF). (Entered: April 2, 2008)
|
| April 2, 2008 |
11
|
AMENDED Proof of Service by Federal Trade Commission. Amendment to 10 Summons Returned Executed,. (Attachments: # 1 as to Kenneth Chan, # 2 as to Albert Chen, # 3 as to Next Internet, LLC)(sv, COURT STAFF) (Filed on 4/2/2008) (Entered: April 2, 2008)
|
| April 11, 2008 |
12
|
ORDER TO SHOW CAUSE why court should not issue preliminary injunction. Response due by 4/18/2008. Order to Show Cause Hearing set for 4/22/2008 03:30 PM (vrwlc2, COURT STAFF) (Filed on
4/11/2008). (Entered: April 11, 2008)
|
| April 18, 2008 |
13
|
Letter from Counsel for Defendants NextClick Media, LLC, Next Internet, LLC, Kenneth Chan and Albert Chen. (Blackler, Mia) (Filed on 4/18/2008) (Entered: April 18, 2008)
|
| April 18, 2008 |
14
|
STIPULATION for Order Extending Deadline; and [Proposed] Order by Nextclick Media LLC, Next Internet LLC, Kenneth Chan, Albert Chen. (Blackler, Mia) (Filed on 4/18/2008) (Entered:
04/18/2008)
|
| April 18, 2008 |
17
|
MOTION for leave to appear in Pro Hac Vice - Damon A. Suden ( Filing fee $ 210, receipt number 34611018286.) filed by Nextclick Media LLC, Next Internet LLC, Kenneth Chan, Albert Chen.
(gsa, COURT STAFF) (Filed on 4/18/2008) (Entered: April 22, 2008)
|
| April 18, 2008 |
18
|
Proposed Order re 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611018286.) by Nextclick
Media LLC, Next Internet LLC, Kenneth Chan, Albert Chen. (gsa, COURT STAFF) (Filed on 4/18/2008) (Entered: April 22, 2008)
|
| April 18, 2008 |
19
|
MOTION for leave to appear in Pro Hac Vice - Michael C. Lynch ( Filing fee $ 210, receipt number 34611018302.) filed by Nextclick Media LLC, Next Internet LLC, Kenneth Chan, Albert Chen.
(gsa, COURT STAFF) (Filed on 4/18/2008) (Entered: April 22, 2008)
|
| April 18, 2008 |
20
|
Proposed Order re 17 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 210, receipt number 34611018286.) by Nextclick
Media LLC, Next Internet LLC, Kenneth Chan, Albert Chen. (gsa, COURT STAFF) (Filed on 4/18/2008) (Entered: April 22, 2008)
|
| April 21, 2008 |
15
|
STIPULATION Stipulated Preliminary Injunction by Federal Trade Commission. (Newman, David) (Filed on 4/21/2008) (Entered: April 21, 2008)
|
| April 22, 2008 |
16
|
STIPULATION AND ORDER EXTENDING DEADLINE re 14 filed by Next Internet LLC, Kenneth Chan, Albert Chen, Nextclick Media LLC. The
defendants have until 4/28/2008 to file and serve responsive pleadings to the Complaint. Signed by Chief Judge Vaughn R Walker on 4/22/2008. (cgk, COURT STAFF) (Filed on 4/22/2008)
(Entered: April 22, 2008)
|
| April 22, 2008 |
23
|
ORDER by Judge Vaughn R Walker granting 17 Motion Application for Admission Pro Hac Vice of Damon W. Suden representing
defendants. (cgk, COURT STAFF) (Filed on 4/22/2008) (Entered: April 22, 2008)
|
| April 22, 2008 |
24
|
ORDER by Judge Vaughn R Walker granting 19 Motion Application for Admission Pro Hac Vice of Michael C. Lynch representing
defendants. (cgk, COURT STAFF) (Filed on 4/22/2008) (Entered: April 22, 2008)
|
| April 23, 2008 |
25
|
STIPULATED PRELIMINARY INJUNCTION. Signed by Chief Judge Vaughn R Walker on 4/23/2008. (cgk, COURT STAFF) (Filed on 4/23/2008) (Entered: April 23, 2008)
|
| April 25, 2008 |
26
|
STIPULATION Stipulation to extend time to file responsive pleadings by Federal Trade Commission. (Newman, David) (Filed on 4/25/2008) (Entered: April 25, 2008)
|
| April 28, 2008 |
27
|
CLERK'S NOTICE on reassignment of a case: Case Management Conference set for 7/10/2008 03:30 PM. Case Management Statement due by 7/3/2008. (Attachments: # 1 Standing Order, # 2 Standing Order) (cgk, COURT STAFF) (Filed on
4/28/2008) (Entered: April 28, 2008)
|
| April 29, 2008 |
28
|
STIPULATION AND ORDER EXTENDING DEADLINE FOR FILING RESPONSIVE PLEADINGS until 6/30/2008 re 26 filed by Federal Trade
Commission. Signed by Chief Judge Vaughn R Walker on 4/29/2008. (cgk, COURT STAFF) (Filed on 4/29/2008) (Entered: April 29, 2008)
|
| May 7, 2008 |
29
|
AFFIDAVIT of Albert Chen Pursuant to Section XII of the Stipulated Preliminary Injunction by Nextclick Media LLC, Next Internet LLC, Kenneth Chan, Albert Chen. (Blackler, Mia)
(Filed on 5/7/2008) (Entered: May 7, 2008)
|
| May 7, 2008 |
30
|
AFFIDAVIT of Kenneth Chan Pursuant to Section XII of the Stipulated Preliminary Injunction by Nextclick Media LLC, Next Internet LLC, Kenneth Chan, Albert Chen. (Blackler, Mia)
(Filed on 5/7/2008) (Entered: May 7, 2008)
|
| June 11, 2008 |
31
|
STIPULATION FOR ORDER EXTENDING DEADLINE FOR FILING RESPONSIVE PLEADINGS AND PROPOSED ORDER by Federal Trade Commission. (Newman, David) (Filed on 6/11/2008) (Entered: June 11, 2008)
|
| June 17, 2008 |
32
|
STIPULATION AND ORDER EXTENDING DEADLINE FOR FILING OF RESPONSIVE PLEADINGS to and including 9/30/2008 re 31 filed by Federal
Trade Commission. It is further stipulated that the case management conference currently scheduled for 7/10/2008 shall be rescheduled to 10/16/2008 at 3:30 PM.. Signed by Chief Judge
Vaughn R Walker on 6/17/2008. (cgk, COURT STAFF) (Filed on 6/17/2008) (Entered: June 17, 2008)
|
| June 17, 2008 |
|
Set/Reset Hearings: Case Management Conference reset for 10/16/2008 03:30 PM. Joint case management statement due 10/9/2008. (cgk, COURT STAFF) (Filed on 6/17/2008) (Entered: June 17, 2008)
|
