FTC versus Innovative Marketing et al - developments
Innovative Marketing and Daniel Sundin are still unrepresented.
09/16/2009
ORDER denying Motion of Marc D'Souza to Dismiss the Complaint. DIRECTING D'Souza to answer the complaint within 20 days. Signed by Judge Richard D Bennett on 9/16/09.
"Viewing the totality of the allegations through the lens of judicial experience and common sense, this Court finds that the FTC has clearly “plea{d} factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 129 S. Ct. at 1949 (citing Twombly, 550 U.S. at 50). Through its extensive factual pleadings, the FTC has positioned its claims against Marc D’Souza safely within the realm of plausibility."
10/02/2009
MEMORANDUM ORDER granting Motion for Sanctions against Sam Jain insofar as certain conditions are imposed.
“The FTC’s Motion for Rule 37 Sanctions against Defendant Sam Jain (Paper No. 131) is GRANTED insofar as the following conditions are hereby imposed:
“1. the FTC is instructed to re-notice Jain’s deposition for an agreed upon time within the next thirty days of the date hereof;
2. Jain shall again be offered the opportunity to be deposed by video-conference from a location of his choosing;
3. Jain is hereby warned that if he fails to attend this upcoming deposition, this Court will consider imposing a default judgment against him pursuant to Federal Rule of Civil Procedure 37(d).”
10/06/2009
ANSWER to FTC Complaint (document 1), by Marc D'Souza
A few minor admissions, lots of denials, a claim that "the FTC has authority to seek restitution, consumer redress or disgorgement with respect to conduct that took place outside the United States and that does not affect domestic commerce", lot of declining to answer under the Fifth Amendment (while at the same time requesting that said refusal be treated as a denial).
10/22/2009
Second MOTION for Sanctions Pursuant to Rule 37 Against Sam Jain by Federal Trade Commission. Responses due by 11/9/2009
"Sam Jain has made a mockery of this proceeding and has demonstrated nothing but contempt for this Court and the American judicial system as a whole. Together with his codefendants, Jain perpetrated one of the largest online frauds ever prosecuted by the FTC, with a total consumer injury figure that – as the Court will soon hear – exceeds $150 million. After being caught red-handed by the FTC, Jain promptly fled the United States, leaving his lawyers behind to delay the FTC’s efforts to redress the massive consumer injury Jain helped inflict. After nearly a year of delay, Jain has reached the end of the road. Unwilling to comply with this Court’s command that he participate in discovery, Jain has no further ability to stall this litigation. As a result, Jain has washed his hands of this matter, and simply disappeared. Given these facts, it is difficult to imagine a case that better supports the imposition of terminating sanctions, or an individual more deserving of such an outcome than Jain."
11/02/2009
MOTION for Extension of Time to File Response/Reply as to Second MOTION for Sanctions Pursuant to Rule 37 Against Sam Jain by Sam Jain. Responses due by 11/19/2009 (unopposed)
"Mr. Jain respectfully submits that good cause for granting this Motion exists: (1) Mr. Jain has not requested or received from the Court an extension on any other response or reply filed in this case; (2) Logistical obstacles and the important factual and legal issues raised by the FTC’s Renewed Motion necessitate a brief extension of time to respond."
11/03/2009
Paperless ORDER granting Defendant Jain's unopposed Motion for Extension of Time. Response to Second Motion for Sanctions due 11/16/2009