Federal Trade Commission v. J.K. Publications, Inc.

ORDER RE: (1) PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AND (2) DEFENDANT MAURICE O’BANNON’S MOTION FOR SUMMARY JUDGMENT

Plaintiff Federal Trade Commission’s (“FTC”) Motion for Summary Judgment (the “Motion”) and Defendant Maurice O’Bannon’s (“O’Bannon”) Motion for Summary Judgment (the “O’Bannon Motion”) came on regularly for hearing before this Court on April 3, 2000. After considering the materials submitted by the parties, argument of counsel, and the case file, it is hereby ORDERED that: (1) the FTC’s Motion is GRANTED, in part, on the issue of liability as to defendants J.K. Publications, Inc. (“JKP”), Herbal Care, Inc. (“Herbal Care”), MJD Services Corp. (“MJD”), Kenneth H. Taves (“Ken Taves”), and Teresa Callei Taves (“Teresa Taves”); (2) the FTC’s Motion is DENIED, in part, on the issue of damages with respect to JKP, Herbal Care, MJD, Ken Taves and Teresa Taves; (3) the FTC’s Motion against O’Bannon is DENIED; and (4) the O’Bannon Motion is GRANTED.

I. Procedural Background

On January 6, 1999, the FTC filed a complaint for a permanent injunction and other equitable relief, and an ex parte motion for a temporary restraining order (“TRO”) without prior notice to the…