Stipulation and Order

.- ROBIN E. EICHEN EL VI-I\ P. GASTELO Federal Trade Commission One Bowling Green, Suite 318 New York, New York 10004 (212) 607- 2829, 2803 or 2811 FII. Tel: Fax: (212) 607- 2822 NTIiL :' 2 OISTR/CT OF BARBAR Y. K. CHUN, Local Counsel California Bar # 186907 Federal Trade Commission 10877 Wilshire Blvd , Ste. 700 Los Angeles, CA 90024 824- 4312 824- 4380 CALIFORNIA DEPUTY Tel: (310) Fax: (310) 9 Attorneys for Plaintiff UNITED STATES DISTRICT COURT CENTRA DISTRICT OF CAIFORNIA FEDERAL TRAE COMMISSION, SACV- 04- 1039 ARS (ANx) Plaintiff ) STIPULATION AN 16 USS ELDER ENTERPRISES, INC., a California corporation, d/b/a 17 SALOMON PRESS FINANCIAL PUBLICATIONS, SALOMON PRESS, 18 EDITORIAL SALOMON, COMPANIA AMRICANA, COMPANIAS 19 AMERICANAS, and ESCRITORIO PUBLICO INTERNACIONAL, RICA VESPUCIA CORPORATION, a California corporation, d/b/ a SALOMON PRESS FINANCIAL PUBLICATIONS, SALOMON PRESS, EDITORIAL SALOMON , COMPANIA ) PRELIMINARY INJUCTION f08E ORDER FOR pDGE ! SEP202004 . u. s. DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA AMRICANA, COMPANIAS AMERICANAS, and ESCRITORIO PUBLICO INTERNACIONAL, BY DEPUTY SOUTHERN DIVISION AT SANTA ANA RICARO ELDER PARTNERS, INC., a California corporation d/b/ a ESCRITORIO PUBLICO INTEEL ACIONAL, and RICARO ELDER, individually, RICARO E. GONZALEZ, a/k/a 2 officer of AMRICA VESPUCIA 3 of RICARO ELDER PARTNERS, and as an officer of USS ELDER) ENTERPRISES, INC. , as an CORPORATION, and as an officer) INC. , and d/b/a SALOMON PRESS) 4 FINANCIAL PUBLICATIONS, SALOMON PRESS, EDITORIAL SALOMON, COMPANIA AMRICANA, 6 ESCRITORIO PUBLICO COMPANIAS AMRICANAS, and INTERNACI ONAL, Defendants. Plaintiff, the Federal Trade Commission (" Commission ), on September 1 , 2004, having filed a Complaint for a Permanent Injunction and Other Relief, including redress to consumers pursuant to Sections 5 (a) and 13 (b) of the Federal Trade Commission .Z\ct (" FTC Act" ), 15 U. C. 53 (b) and 45(a), and having moved for a Preliminary Injunction Order wi th asset freeze, an accounting, expedited discovery and other equitable relief pursuant to Rule 65 of the Federal Rules of Civil Procedure (Fed. exhibi ts , R. Civ. P. 65), and Local Civil Rule 65- 1, and the Court having considered the Complaint, declarations, and memorandum of law filed in support thereof, and the parties below having stipulated and agreed to the entry of the following Preliminary Injunction Order (" Order following findings of fact: ), makes the This Court has jurisdiction of the subject matter of this case and there is good cause to believe it will have jurisdiction of all parties hereto, and venue in this district is proper; There is good cause to believe that Defendants , USS Elder Enterprises , Inc. and America Vespucia Corporation, both d/b/a Salomon Press Financial Publications, Salomon Press, Salomon Express, Edi torial Salomon, Compania Americana, Companias Americana , Escri torio Publico Internacional Ricardo Elder Partners, Inc., d/b/a Escri torio Publico Internacional, and Ricardo E. Gonzalez, a/k/a Ricardo Elder, have engaged and are likely to engage in acts and practices that violate Section 5 (a) of the FTC Act, 15 U. C. ~ 45 (a), and Sections 310. 3(a) (2) (iii) and 310. 3(a) 16 C. (2) (iv) of the Telemarketing Sales Rule (" TSR" ), R. ~~ 310. 3(a)(2)(iii) and 310. 3(a)(iv), and that the Commission is therefore likely to prevail on the merits of this action; Weighing the equities and considering the Commission likelihood of ultimate success, a Preliminary Injunction Order w th asset freeze , an accounting, expedited discovery and other equi table relief is in the public interest; and No security is required of any agency of the United States for issuance of a preliminary injunction order. Civ. P. 65 Fed. R. (c) . Definitions For the purpose of this Order , the following defini tions shall apply: Defendants " means USS Elder Enterprises, Inc. and America Vespucia Corporation, both d/b/a Salomon Press Financial Publications, Salomon Press, Salomon Express , Editorial Salomon, Compania Americana Companias Americana, Escri torio means a plan , program product or service represented to enable participants or Work-at- home business opportunity " purchasers to earn money while working from home. Assets " claim means any legal or equitable interest in, right to or expectation to receive, any real or personal property / including, but not limited to, chattel, goods, instruments, equipment, fixtures, general intangibles effects , leaseholds , premises, contracts, mail or other deliveries, shares of stock , lists of consumer names, inventory, checks, notes, accounts , credits, receivables lines of credit, all cash , funds, and other things of value wherever located. Financial institution " means any bank , savings and loan institution, credit union , or any financial depository of any k~nd , including but not limited to any brokerage house, trus tee, broker- dealer, escrow agent , title company, , Commercial check cashing facility, or any entity or person that holds commodi ty trading company, precious metal dealer controls or maintains custody of any account or asset of any Defendant. Document" is synonymous in meaning and equal in scope to the usage of the term in Federal Rule of Civil Procedure 34 (a), and includes writings, drawings, graphs, charts, photographs, audio and video recordings, computer records and other data compilations from which information can be obtained and translated , if necessary, through detection devices into reasonable usable form. A draft or non- identical copy is a separate document wi hin the meaning of the term. Telemarketing means a plan , program, or campaign which is conducted to induce the purchase of goods or services by use of one or more telephones , ei ther exclusively or in conjunction with the use of other marketing techniques. ORDER PROHIBITED BUSINESS ACTIVITIES IT IS HEREBY ORDERED tha t : Defendants and their officers, agents, servants, employees, and attorneys, and those persons in active concert or participation with Defendants who receive actual notice of this Order by personal service or otherwise , and each of them, are hereby restrained and enjoined from making, or assisting others in making, orally or in writing, expressly or by implication , any misrepresentation of material fact, including but not limited Misrepresenting, expressly or by implication , that consumers who pay Defendants a fee will obtain ei to: ther assembling proj ect work for pay from Defendants, or obtain substantial assistance in obtaining such work from Defendants; Misrepresenting, expressly or by implication, that consumers who pay Defendants a fee are likely to earn a substantial level of earnings, such as $112. 50 to $700 per week, assembling products at home; and Misrepresenting, expressly or by implication, that Defendants will provide refunds to consumers. Defendants and their officers, agents, servants employees, and attorneys and those persons in active concert or participation with Defendants who receive actual notice of this Order by personal service or otherwise, and each of them , are hereby restrained and enjoined from violating or assisting others in violating any provision of the Telemarketing Sales Rule, 16 C. F. R. Part 310, in the course of offering for sale and selling work- at- home business opportunities through telemarketing including, but not limited to: Misrepresenting, directly or by implication, material aspects of the performance, efficacy, nature, or central characteristics of goods or services including, but not limited to the misrepresentations that (1) consumers who pay Defendants a fee will obtain assembly project work for pay or substantial assistance in obtaining such work; and (2) consumers who pay Defendants a fee are likely to earn a substantial level of earnings, such as $112. 50 to $700 per week, assembling products at home; and Misrepresenting, directly or by implication, that employees, Defendants will provide refunds to consumers. Defendants and their officers, agents, servants, and attorneys , and those persons in active concert or participation with Defendants who receive actual notice of this Order by personal service or otherwise, and each of them , are hereby restrained and enjoined from failing to disclose, truthfully, clearly and conspicuously, all material terms and conditions of any offer by any defendant to sell any product or service I before a customer pays for the product or service offered, including but not limited to: The na ture the product service that the use, and the subj ect The the sales offer; total costs to purchase receive quanti ty of, any goods or the sales offer; services that are the subj ect of All material restrictions, limitations, or conditions to purchase, receive, or use the goods or services that are the subj ect of the sales offer; and All material restrictions, limitations, or conditions to any defendant' s refund or cancellation policy, or if there is a policy that refunds or cancellations are not provided , a statement informing the consumer that this is the policy. ASSET FREEZE II. IT IS FURTHER ORDERED that Defendants and their officers, 20 agents, servants, employees, attorneys , and all persons or 21 entities acting in concert or participation with any of them who 22 are served wi th a copy of this Order by personal service, 23 facsimile or otherwise, including any financial institution are 24 hereby preliminarily restrained and enj oined 25 indirectly: 26 A. Transfer:ring from, directly or liquidating, converting, encumering, pledging, 27 loaning, selling, concealing, dissipating, disbursing, assigning, 1 spending, withdrawing, granting a lien or securi ty interest or 2 other interest in or otherwise disposing of any funds , real or 3 personal property, including, but not limited to , jewelry, 4 computers , and vehicles, accounts , contracts consumer lists, 5 shares of stock, or other assets, or any interest therein, 6 wherever located, that are: owned or controlled by any Defendant or held, in whole or in part for the benefi t of any Defendant; or in the actual or constructive possession of any Defendant; or owned, controlled by, or in actual or constructive possession of any corporation, partnership, or other entity , managed , or controlled by any Defendant, including, but not directly or indirectly owned limited. to any assets held or for any Defendant at any bank or savings and loan or with any broker- dealer, escrow agent, company, commodi ty trading company, precious institution , ti tie metals dealer or other financial institution or depository of any kind; 19 B. t boxes or 20 storage facilities titled in the name of any Defendant, or subject Opening or causing to be opened any safe deposi 21 to access by any Defendant; 22 c. Incurring charges or cash advances on any credi t card, debit 23 card, or checking card issued in the name 24 any Defendant; 25 D. , singly or jointly, of Securing a loan with or incurring a lien on the real 26 property, the personal property, or other asset in the name 27 singly or jointly, of any Defendant; and 1 E. Transferring any funds or other assets subject to this Order 2 for attorneys ' fees or living expenses, except from accounts or 3 other assets identified by prior written notice to the Commission 4 and prior approval by the Court. Provided further, that no 5 attorneys' fees or living expenses shall be paid from funds or 6 other assets subject to this Order unless and until the Defendant 7 requesting such funds has completed a sworn financial statement as 8 required by Paragraph VII. B 10 the Commission. of this Order, and submitted such 9 statement to the Court and served such statement upon counsel for The funds, property and assets affected by this Paragraph II 12 shall include both ex~sting assets and assets acquired after the 13 date this Order was entered , including without limitation those 14 acquired by loan or gift. Each Defendant shall hold and account 15 for such property and assets and payments received by them after 16 service of this Order, including without limitation, payments, 17 loans, and gifts. Provided, however, that for assets acquired 18 after the date this Order was entered , the only assets affected by 19 this Paragraph II are those assets of any Defendant that were 20 derived from or otherwise related to conduct prohibited by 21 Paragraph I. A of thi s Order. PRESERVATION OF RECORDS III. IT IS FURTHER ORDERED that Defendants are hereby 25 preliminarily restrained and enjoined from: Failing to create and maintain books, records, and accounts 27 which, in reasonable detail, accurately, fairly, and completely 1 reflect the incomes, disbursements, transactions , and the use of 2 monies by any Defendant; 3 B. Destroying, erasing, mutilating, concealing, altering, 4 transferring, or otherwise disposing of, in any manner, directly 5 or indirectly, any contracts, accounting 6 advertisements, brochures, customer lists data, correspondence, , mailing lists, 7 telemarketer lists, computer tapes , computer disks , Web sites, Web 8 pages, or other computerized records , books , written or printed 9 records, handwritten notes , telephone logs, telemarketing scripts 10 sales presentations, audio or videotape recordings, receipt books, 11 invoices, postal receipts , ledgers, personal and business 12 cancelled checks and check registers , bank statements, appointment 13 books , copies of federal, state or local business or personal 14 income or property tax returns, and any other documents or records 15 of any kind that relate to the business practices or business or 16 personal finances of any Defendant from January 1 , 2000 to the 17 present time; and 18 C. Creating, operating, or exercising any control over any 19 business enti ty, including any partnership, limited partnership, 20 joint venture, sole proprietorship, or corporation without first 21 providing the plaintiff with a written statement disclosing: the name of the business entity; the address and telephone numer of the business enti ty; the names of the business enti ty ' s officers, directors principals, managers and employees; and a detailed description of the business enti ty ' s intended acti vi ties. DUTIES OF ASSET HOLDERS IV. IT IS FURTHER ORDERED that, any bank savings and loan 4 institution , credit union, financial institution, brokerage house 5 escrow agent, IRA custodian , money market or mutual fund , title 6 company, commodi ty trading company, storage company, trustee 7 commercial mail receiving agency, mailing holding or forwarding 8 company, or any other business entity or person served with a copy 9 of this Order, or who otherwise has actual knowledge of this , asset or 11 documents of any Defendant , or any corporation , partnership, or 12 other entity directly or indirectly owned, managed, or controlled 10 Order , and having custody or control of any account 13 or under common control with any Defendant, including but not 14 limited to Salomon Press Financial Publications , Salomon Press 15 Salomon Express , Editorial Salomon , Compania Americana, Companias 16 Americanas , and Escri torio Publico Internacional, or that at any 17 time since January 1 , 2000, has maintained or had custody of such 18 account , 19 A. asset , or documents , shall: s control, and 20 prohibit the withdrawal , removal , assignent, transfer , pledge 21 hypothecation , encumrance, disbursement , dissipation , conversion 22 sale, liquidation, or other disposal of any funds, documents Hold and retain wi thin such enti ty ' s or person 23 property, or other assets held by or under such enti ty 24 person s control: ' s or On behalf of, for the benefit of any Defendant; In any account maintained in the name of , or subj ect to withdrawal by, any Defendant; or That is subject to access or use by any Defendant. 2 B. Deny Defendants access to any safe deposit box that is 3 either: Titled in the name of any Defendant, either individually or jointly; or Otherwise subj ect to access by any Defendant. 7 C. Provide counsel for the Commission wi thin four (4) business 8 days after the service date of this Order , a statement setting 9 forth: The identification of each account or asset titled in the name, individually or jointly, or held on behalf of , or for the benefi t of, whether in whole or in part, any Defendant, including all trust accounts managed on behalf of any Defendant , or subject to any Defendant' s control; The balance of each such account , or a description of the nature and value of such asset as of the close of business on the day on which this Order is served; The identification of any safe deposit box that is either titled in the name , individually or jointly, or is otherwise subject to access or control by any Defendant; and If the account, safe deposi t box, or other asset has been closed or removed at any time after January 1, 2000, the date closed or removed , the total funds removed to close the account, and the name of the person or enti ty account or other asset was remitted. 26 D. to whom such Wi thin five (5) business days of any request by Plaintiff, 27 promptly provide counsel for the Commission with copies of or the 1 right to inspect and copy all records or other documentation 2 perta~ning to such accounts or assets , including but not limited 3 to originals or copies of account applications, account 4 statements, signature cards , checks, drafts , deposit tickets 5 transfers to and from the accounts, all other debit and credit 6 instruments or slips, currency transaction reports, 1099 forms, 7 and safe deposi t box logs. The accounts subject to this Paragraph IV include existing 9 assets and assets deposited after the effective date of this 10 Order. Provided further that this Paragraph IV shall not 11 prohibit transfers in accordance with any provision of this Order, 12 or any further Order of the Court. REPATRIATION OF ASSETS AN DOCUMNTS LOCATED IN FOREIGN COUNRIES IT IS FURTHER ORDERED that Defendants, whether acting through subsidiary, division, or other device any trust, corporation , shall: wi thin three (3) business days following service of this Order, take such steps as are necessary to transfer to the terri tory of the United States of America all documents and assets that are located outside of such territory and are held by or for any Defendant or are under any Defendant' s direct or indirect control, jointly, severally, or individually; Wi thin three (3) business days following service of this Order, provide the Commission with a full accounting of all documents and assets that are located outside of the territory of 1 the United States of America or that have been transferred to the 2 territory of the United States pursuant to subparagraph A above 3 and are held by or for any Defendant or are under any Defendant' 4 direct or indirect control , jointly, severally, or individually, 5 including the names and addresses of any foreign or domestic 6 financial institutions or other entities holding the assets , along 7 wi th the account numers and balances; 8 c. Hold and retain all transferred documents and assets and 9 prevent any transfer, disposition, or dissipation whatsoever of 10 any such documents, assets or funds; and ' records and documents 12 held by financial institutions or other entities outside the 13 territorial United States , by signing the Consent to Release of 14 Financial Records attached hereto as Attachment 11 D. Provide Plaintiff access to Defendants A wi thin forty- 15 eight (48) hours of service of this Order. NONINTERFERENCE WITH REPATRIATION VI. IT IS FURTHER ORDERED that Defendants and their successors 19 assigns , agents , servants or employees , and those persons in 20 active concert or participation who receive actual notice of this 21 Order by personal service or otherwise, whether acting directly or 22 through any entity, corporation, subsidiary, division, affiliate 23 or other device , are hereby preliminarily restrained and enjoined 24 from taking any action , directly or indirectly, which may result 25 in the encumrance or dissipation of foreign assets, or in the 26 hindrance of the repatriation required by the preceding Section of 27 this Order, including, but not limited to: 1 A. Sending any statement, letter , fax, email or wire 2 transmission , or telephoning or engaging in any other act, 3 directly or indirectly, that results in a determination by a 4 foreign trustee or other entity that a " duress " event has occurred 5 under the terms of a foreign trust agreement until such time that 6 all assets have been fully repatriated pursuant to Section V of 7 this Order; 8 B. Notifying any trustee, protector or other agent of any 9 foreign trust or other related entities of either the existence of 10 this Order, or of the fact that repatriation is required pursuant 11 to a court order , until such time that all assets have been fully 12 repatriated pursuant to Section V of this Order. ACCOUNING PROVISIONS VII. IT IS FURTHER ORDERED that, within three(3) days after ent 16 of this Order: 17 A. Defendants shall serve on the Commission a detailed 18 accounting of: The names and purchase prices of all work- at- home business opportunities advertised, marketed, promoted, offered for sale or sold by Defendants, and their directors, agents, servants, employees, officers, salespersons, distributors, successors, corporations, subsidiaries, affiliates, or assigns from January 1, 2000 through the date of issuance of this Order; All gross revenues obtained from the sale of work- at- home business opportunities from January 1 , 2000 through the date of the issuance of this Order; All net profits obtained from the sale of work- at- home business opportunities from January 1, 2000 through the date of the issuance of this Order; The total numer of sold; work- at- home business opportunities The full names, addresses and telephone numer of all purchasers of work-at- home business opportuni ties, and the amount each purchaser paid for such product (s) . 11 B. Within three days (3) of service with this Order, Defendants 12 shall prepare and provide to the Commission completed financial 13 statements on the forms attached to this Order as Attachments B 14 and C, for themselves individually and for each business entity (whether or not incorporated) under which they conduct business, 16 or of which they are an officer, and for each trust of which they 17 are a trustee. The financial statements shall be accurate as of 18 the date of entry of this Order. 19 C. Defendants shall further provide counsel for the Commission 20 with a statement, verified under oath of all transfers and 21 assignents of assets and 23 assigned , property worth $500 or more since June 22 1, 2003, that shall include the amount or value transferred or the name and address of the transferee or assignee, the 24 date of the transfer or assignment and the type and amount of 25 consideration paid to any Defendant. Each statement shall specify 26 where applicable the name and address or each financial 27 institution and brokerage firm, both domestic and foreign, at 1 which the Defendant has an account or safe deposit boxes, and the 2 account numer or other identification 3 safe deposit box. of each such account or IDENTIFYING INFORMTION RELATING TO ACCOUNANS, FINANCIAL PLARS, INVSTMNT ADVISORS, STOCKBROKERS AN OTHERS VIII. IT IS FURTHER ORDERED that the Defendants, within (48) hours 8 after service of this Order, shall provide counsel for the 9 Commission with the name, address and telephone numer for each 10 accountant, financial planner , investment advisor, stock broker or 11 other individual, corporation or partnership whom they hired for 12 personal advice or services, including but not limited to 13 preparation of tax returns and investment advice, since January 1, 14 2000. CONSUMR CREDIT REPORTS IX. IT IS FURTHER ORDERED that pursuant to Section 604 C. (a) (1) of 18 the Fair Credit Reporting Act , 15 U. 1681b(a) (1), any credit 19 reporting agency may furnish Plaintiff with a consumer report 20 concerning any Defendant. EXPEDITED DISCOVERY IT IS FURTHER ORDERED that in connection with preserving the 24 possibility of effective final relief , Plaintiff is granted leave 25 at any time after service of this Order, and pursuant to Fed. R. 26 Civ. P. 30, 27 A. to: Take the deposition, on three (3) day s notice , of any person 1 or entity for the purpose of discovering the nature, location, status, and extent of the Defendants' assets; the nature and location of documents relating to Defendants ' business transactions or his affiliates or subsidiaries; and Defendants ' 9 B. compliance with this Order at any time after the date of this Order. Demand the production of document, on five (5) days notice 10 from any person or entity, whether or not a party, relating to The nature status, extent or location of assets of any Defendant or his affiliates or subsidiaries; The nature and location of documents reflecting the business transactions of any Defendant or his affiliates or subsidiaries; and Defendants' compliance wi th this Order. Defendants shall respond to any requests for 18 pursuant to Fed. R. Civ. P. 36, admissions, or requests for production of relating to Defendants' 19 documents , pursuant to Fed. R. Civ. P. 34 , 20 assets, documents, or business transactions within five 21 business days after service of the discovery request. (5) in the event that any of Defendants ' documents 23 or records have been removed from Defendants Provided that, ' premises by, and are 24 in the possession of another law enforcement or investigative 25 agency, the Commission may have access to such documents for the 26 purposes of inspection , indexing and copying, subject to the 27 agency consenting to access by the Commission. Provided , further that this Paragraph X shall extend to 2 parties and non- parties. This Paragraph X shall not be construed in any manner to 4 preclude the right of Plaintiff to take subsequent depositions of 5 the same wi tnesses on the merits of the action. Any deposi tion 6 taken pursuant to this Paragraph is in addi tion to, and not 7 subj ect to, the pre$umpti ve limits on depositions set forth in 8 Fed. R. Civ. P. 30 (a) (2) (A) and (B). SERVICE OF THIS ORDER XI. IT IS FURTHER ORDERED that copies of this Order may be served 12 by first- class mail , overnight delivery, facsimile, or personally, 13 by employees or agents of the Plaintiff upon any Defendant, person 14 or entity that may be subject to any provision of this Order, 15 including any bank, savings and loan institution credi t uni on 16 financial institution , brokerage house, escrow agent, IRA 17 custodian , money market or mutual fund , title company, commodity 18 trading company, storage company, trustee , commercial mail 19 receiving agency, mailing hOlding or forwarding company, or any 20 other person , partnership, corporation , or entity that may be in 21 possession of any assets, documents , property, or property right 22 of any Defendant or that may be otherwise subject to any Service upon any branch or office of any 23 provision of this Order. 24 financial institution shall effect service upon the entire 25 financial institution. DISTRIBUTION OF ORDER BY DEFENDANS XII. IT IS FURTHER ORDERED that Defendants shall , within forty- 4 eight (48) hours of service of this Order , provide a copy of chis 5 Order to each affiliate , subsidiary, division, sales enti ty, 6 successor, assign, officer, director, employee, independent 7 contractor , agent , attorney, and representative, provide 8 Plaintiff' s counsel and the Commission wi th a sworn statement 9 describing the manner in which Defendants have complied with this 10 provision of the Order, which statement shall include the names 11 and addresses of each such person or entity who received a copy of 12 the Order. SERVICE UPON THE COMMISSION XIII. IT IS FURTHER ORDERED that service on the Commission shall be 16 performed by personal or facsimile delivery to the attention of , Counsel for the Commission 18 at the Federal Trade Commission, Northeast Region , One Bowling 19 Green , Room 318, New York, NY 10004 , facsimile 17 Robin E. Eichen or Elvia P. Gastelo numer (212) 607- 20 2822, prior to 5:00 p. (Eastern Time) of that day. ::/ COURT'S RETENTION OF JURISDICTION XIV. IT IS FURTHER ORDERED that this Court shall retain 4 jurisdiction of this matter for all purposes. 6 The parties hereby consent to the terms and conditions of the 7 Order as set forth above and consent to the entry thereof. 9 FOR THE FEDERAL TRAE COMMISSION: FOR THE DEFENANTS: 11 WILLIAM E. KOVACIC General Counsel USS LDER ENTERPRI S, INC. AM ICA SP IA OR , ORA ION; fLDE PARTN S, an RIC 14 Regional Director Northeast Region BJ-..AR ANTHONY By: ELDER ROB.LN E. EICHEN 17 ELVIA P. GASTELO BARBAR Y. K. CHU, 18 Cal. Bar #18690 Attorneys for Plaintiff SO ORDERED, this ':T day -l. , 2004, at :3; 22 . o clock ALICEMARJE H. STOTLER ALICEMAIE H. STOTLER UNITED STATES DISTRICT JUDGE