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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 1 of 15 Page ID #:58 

UNITED STATES DISTRICT COURT 

CENTRAL DISTRICT OF CALIFORNIA 

WESTERN DIVISION 

United States of America, 

No. 2:23ícví63íMRW 

 Plaintiff, 

vs. 

[PROPOSED] ORDER FOR

PERMANENT INJUNCTION, 

CIVIL PENALTY JUDGMENT, 

Dr. Tina Wong, AND OTHER RELIEF 

Defendant. 

Plaintiff, the United States of America, acting upon notification and 

authorization to the Attorney General by the Federal Trade Commission (“FTC” or 

“Commission”) filed its Complaint for Permanent Injunction, Civil Penalties, and 

Other Relief (“Complaint”) in this matter for a permanent injunction, civil 

penalties, and other relief, pursuant to Sections 5(a)(1), 5(m)(1)(A), 12, 13(b), and 

16(a)(1) of the Federal Trade Commission Act (“FTC Act”), 15 U.S.C. §§ 45(a)(1), 

45(m)(1)(A), 52, 53(b), and 56(a)(1) and Section 1401 of the COVID-19 

Consumer Protection Act of the 2021 Consolidated Appropriations Act (“CCPA”), 

Pub. L. No. 116-260, § 1401, 134 Stat. 1182, 3275-76 (2020). Defendant has 

waived service of the summons and the Complaint. Plaintiff and Defendant 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 2 of 15 Page ID #:59 

stipulate to the entry of this Stipulated Order for Permanent Injunction, Civil 

Penalty Judgment, and Other Relief (“Order”) to resolve all matters in dispute in 

this action between them. 

Having read and considered the Stipulation for Entry of Order for Permanent 

Injunction, Civil Penalty Judgment, and Other Relief submitted by the parties, and 

finding good cause therefor, 

IT IS HEREBY ORDERED THAT: 

FINDINGS 

1. This Court has jurisdiction over this matter. 

2. The Complaint charges that Defendant engaged in unfair or deceptive 

acts or practices in violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), and 

disseminated false advertisements in or affecting commerce for the purpose of 

inducing, or which were likely to induce, the purchase of doTERRA supplements 

and essential oil products in violation of Section 12 of the FTC Act, 15 U.S.C. 

§ 52. 

3. Under the CCPA, for the duration of the ongoing novel coronavirus 

(COVID-19) public health emergency, it is unlawful for any person, partnership, or 

corporation to engage in a deceptive act or practice in or affecting commerce in 

violation of Section 5(a) of the FTC Act, 15 U.S.C. § 45(a), that is associated with 

the treatment, cure, prevention, mitigation, or diagnosis of COVID-19. CCPA 

§ 1401(b)(1). 

4. A violation of Section 1401(b)(1) of the CCPA is treated as a violation 

of a rule defining an unfair or deceptive act or practice prescribed under Section 

18(a)(1)(B) of the FTC Act, 15 U.S.C. § 57a(a)(1)(B). CCPA § 1401(c)(1). 

5. Defendant neither admits nor denies any of the allegations in the 

Complaint, except as specifically stated in this Order. Only for purposes of this 

action, Defendant admits the facts necessary to establish jurisdiction. 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 3 of 15 Page ID #:60 

6. Defendant waives any claim that she may have under the Equal 

Access to Justice Act, 28 U.S.C. § 2412, concerning the prosecution of this action 

through the date of this Order, and agrees to bear her own costs and attorney fees. 

7. Defendant and Plaintiff waive all rights to appeal or otherwise 

challenge or contest the validity of this Order. 

DEFINITIONS 

For the purpose of this Order, the following definitions apply: 

A. “Covered Product(s)” means any Food, Drug or Dietary Supplement. 

B. “Defendant” means Dr. Tina Wong. 

C. “Dietary Supplement” means: (1) any product labeled as a dietary 

supplement or otherwise represented as a dietary supplement; or (2) any pill, tablet, 

capsule, powder, softgel, gelcap, liquid, or other similar form containing one or 

more ingredients that are a vitamin, mineral, herb or other botanical, amino acid, 

probiotic, or other dietary substance for use by humans to supplement the diet by 

increasing the total dietary intake, or a concentrate, metabolite, constituent, extract, 

or combination of any ingredient described above, that is intended to be ingested, 

and is not represented to be used as a conventional food or as a sole item of a meal 

or the diet. 

D. “Doctor-Patient Communication” means any communication 

between Defendant and an individual with whom Defendant has a doctor-patient 

relationship as recognized by state law in the course of Defendant’s professional 

medical practice conducted pursuant to a valid state medical license. 

E. “Drug” means: (1) articles recognized in the official United States 

Pharmacopoeia, official Homoeopathic Pharmacopoeia of the United States, or 

official National Formulary, or any supplement to any of them; (2) articles 

intended for use in the diagnosis, cure, mitigation, treatment, or prevention of 

disease in humans or other animals; (3) articles (other than Food) intended to affect 

the structure or any function of the body of humans or other animals; and (4) 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 4 of 15 Page ID #:61 

articles intended for use as a component of any article specified in (1), (2), or (3); 

but does not include devices or their components, parts, or accessories. 

F. “Essentially Equivalent Product” means a product that contains the 

identical ingredients, except for inactive ingredients (e.g., binders, colors, fillers, 

excipients) in the same form and dosage, and with the same route of administration 

(e.g., orally, sublingually), as the Covered Product; provided that the Covered 

Product may contain additional ingredients if reliable scientific evidence generally 

accepted by experts in the field indicates that the amount and combination of 

additional ingredients is unlikely to impede or inhibit the effectiveness of the 

ingredients in the Essentially Equivalent Product. 

G. “Food” means: (1) articles used for food or drink for man or other 

animals; (2) chewing gum; and (3) articles used for components of any such 

article. 

ORDER 

I. BAN AGAINST COVID-19 CLAIMS 

IT IS ORDERED that Defendant, whether acting directly or indirectly, in 

connection with the manufacturing, labeling, advertising, promotion, offering for 

sale, sale, or distribution of any product, is permanently restrained and enjoined 

from making any representation, other than a Doctor-Patient Communication, that 

such product prevents or reduces the likelihood of infection with, or community 

transmission of, the SARS-CoV-2 virus; reduces the severity or duration of 

COVID-19; counteracts inflammation or other purported negative effects of 

COVID-19 vaccines; or otherwise cures or treats COVID-19, unless the Food and 

Drug Administration has specifically approved the representation. 

II. PROHIBITED REPRESENTATIONS: HEALTH-RELATED CLAIMS 

REQUIRING HUMAN CLINICAL TESTING FOR SUBSTANTIATION 

IT IS FURTHER ORDERED that Defendant, Defendant’s agents, 

employees, and attorneys, and all other persons in active concert or participation 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 5 of 15 Page ID #:62 

with any of them, who receive actual notice of this Order, whether acting directly 

or indirectly, in connection with the manufacturing, labeling, advertising, 

promotion, offering for sale, sale, or distribution of any Covered Product, are 

permanently restrained and enjoined from making, or assisting others in making, 

expressly or by implication, any representation, other than a Doctor-Patient 

Communication or representations covered under the Section of this Order titled 

Ban Against COVID-19 Claims, that such product cures, mitigates, or treats any 

disease, unless the representation is non-misleading, and, at the time of making 

such representation, they possess and rely upon competent and reliable scientific 

evidence substantiating that the representation is true. 

For purposes of this Section, competent and reliable scientific evidence must 

consist of human clinical testing of the Covered Product or of an Essentially 

Equivalent Product, that is sufficient in quality and quantity based on standards 

generally accepted by experts in the relevant disease, condition, or function to 

which the representation relates, when considered in light of the entire body of 

relevant and reliable scientific evidence, to substantiate that the representation is 

true. Such testing must be: (1) randomized, double-blind, and placebo-controlled; 

and (2) conducted by researchers qualified by training and experience to conduct 

such testing. In addition, all underlying or supporting data and documents 

generally accepted by experts in the field as relevant to an assessment of such 

testing as described in the Section entitled Preservation of Records Relating to 

Competent and Reliable Human Clinical Tests or Studies must be available for 

inspection and production to the Commission. Persons covered by this Section 

have the burden of proving that a product satisfies the definition of Essentially 

Equivalent Product. 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 6 of 15 Page ID #:63 

III. PROHIBITED REPRESENTATIONS: 

OTHER HEALTH-RELATED CLAIMS 

IT IS FURTHER ORDERED that Defendant, Defendant’s agents, 

employees, and attorneys, and all other persons in active concert or participation 

with any of them, who receive actual notice of this Order, whether acting directly 

or indirectly, in connection with the manufacturing, labeling, advertising, 

promotion, offering for sale, sale, or distribution of any Covered Product, are 

permanently restrained and enjoined from making, expressly or by implication, any 

representation, other than a Doctor-Patient Communication or representations 

covered under the Sections of this Order titled Ban Against COVID-19 Claims and 

Prohibited Representations: Health-Related Claims Requiring Human Clinical 

Testing For Substantiation, about the health benefits, performance, efficacy, safety, 

or side effects of any Covered Product, unless the representation is non-misleading, 

and, at the time of making such representation, they possess and rely upon 

competent and reliable scientific evidence that is sufficient in quality and quantity 

based on standards generally accepted by experts in the relevant disease, condition, 

or function to which the representation relates, when considered in light of the 

entire body of relevant and reliable scientific evidence, to substantiate that the 

representation is true. 

For purposes of this Section, “competent and reliable scientific evidence” 

means tests, analyses, research, or studies: (1) that have been conducted and 

evaluated in an objective manner by experts in the relevant disease, condition, or 

function to which the representation relates; (2) that are generally accepted by such 

experts to yield accurate and reliable results; and (3) that are randomized, doubleblind, and placebo-controlled human clinical testing of the Covered Product, or of 

an Essentially Equivalent Product, when such experts would generally require such 

human clinical testing to substantiate that the representation is true. In addition, 

when such tests or studies are human clinical tests or studies, all underlying or 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 7 of 15 Page ID #:64 

supporting data and documents generally accepted by experts in the field as 

relevant to an assessment of such testing as set forth in the Section entitled 

Preservation of Records Relating to Competent and Reliable Human Clinical Tests 

or Studies must be available for inspection and production to the Commission. 

Persons covered by this Section have the burden of proving that a product satisfies 

the definition of Essentially Equivalent Product. 

IV. PRESERVATION OF RECORDS RELATING TO COMPETENT AND 

RELIABLE HUMAN CLINICAL TESTS OR STUDIES 

IT IS FURTHER ORDERED that, with regard to any human clinical test 

or study (“test”) upon which Defendant relies to substantiate any claim covered by 

this Order, Defendant must secure and preserve all underlying or supporting data 

and documents generally accepted by experts in the field as relevant to an 

assessment of the test, including: 

A. all protocols and protocol amendments, reports, articles, write-ups, or 

other accounts of the results of the test, and drafts of such documents reviewed by 

the test sponsor or any other person not employed by the research entity; 

B. all documents referring or relating to recruitment; randomization; 

instructions, including oral instructions, to participants; and participant 

compliance; 

C. documents sufficient to identify all test participants, including any 

participants who did not complete the test, and all communications with any 

participants relating to the test; all raw data collected from participants enrolled in 

the test, including any participants who did not complete the test; source 

documents for such data; any data dictionaries; and any case report forms; 

D. all documents referring or relating to any statistical analysis of any 

test data, including any pretest analysis, intent-to-treat analysis, or between-group 

analysis performed on any test data; and 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 8 of 15 Page ID #:65 

E. all documents referring or relating to the sponsorship of the test, 

including all communications and contracts between any sponsor and the test’s 

researchers. 

Provided, however, the preceding preservation requirement does not apply to 

a reliably reported test, unless the test was conducted, controlled, or sponsored, in 

whole or in part by: (1) Defendant; (2) Defendant’s agents, representatives, or 

employees; (3) any other person or entity in active concert or participation with 

Defendant; (4) any person or entity affiliated with or acting on behalf of 

Defendant; (5) any supplier of any ingredient contained in the product at issue to 

any of the foregoing or to the product’s manufacturer; or (6) the supplier or 

manufacturer of such product. 

For purposes of this Section, “reliably reported test” means a report of the 

test has been published in a peer-reviewed journal, and such published report 

provides sufficient information about the test for experts in the relevant field to 

assess the reliability of the results. 

V. PROHIBITED MISREPRESENTATIONS REGARDING TESTS, 

STUDIES, OTHER RESEARCH, OR INGREDIENTS 

IT IS FURTHER ORDERED that Defendant, Defendant’s agents, 

employees, and attorneys, and all other persons in active concert or participation 

with any of them, who receive actual notice of this Order, whether acting directly 

or indirectly, in connection with the manufacturing, labeling, advertising, 

promotion, offering for sale, sale, or distribution of any Covered Product, are 

permanently restrained and enjoined from misrepresenting, in any manner, 

expressly or by implication, outside of a Doctor-Patient Communication: 

A. that the performance or benefits of any Covered Product are 

scientifically or clinically proven or otherwise established; or 

B. the existence, contents, validity, results, conclusions, or interpretations 

of any test, study, or other research. 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 9 of 15 Page ID #:66 

VI. FDA-APPROVED CLAIMS 

IT IS FURTHER ORDERED that nothing in this Order prohibits 

Defendant, Defendant’s agents, employees, and attorneys, or all other persons in 

active concert or participation with any of them from: 

A. for any Drug product, making a representation that is approved for 

inclusion in labeling for such Drug product under a new drug application or 

biologics license application approved by the Food and Drug Administration, or, 

for any nonprescription Drug product authorized by Section 505G of the Food, 

Drug, and Cosmetics Act (“FDCA”), 21 U.S.C. § 355h, to be marketed without an 

approved new drug application, making a representation that is permitted or 

required to appear in its labeling in accordance with Section 505G(a)(1)-(3) of the 

FDCA, 21 U.S.C. § 355h(a)(1)-(3), or a final administrative order under Section 

505G(b) of the FDCA, 21 U.S.C. § 355h(b); and 

B. for any product, making a representation that is specifically authorized 

for use in labeling for such product by regulations promulgated by the Food and 

Drug Administration pursuant to the Nutrition Labeling and Education Act of 1990 

or permitted under Sections 303-304 of the Food and Drug Administration 

Modernization Act of 1997. 

VII. MONETARY JUDGMENT FOR CIVIL PENALTY 

IT IS FURTHER ORDERED that: 

A. Judgment in the amount of Fifteen Thousand Dollars ($15,000) is 

entered in favor of Plaintiff against Defendant, as a civil penalty. 

B. Defendant is ordered to pay to Plaintiff, by making payment to the 

Treasurer of the United States, Fifteen Thousand Dollars ($15,000) which, as 

Defendant stipulates, her undersigned counsel holds in escrow for no purpose other 

than payment to Plaintiff. Such payment must be made within 7 days of entry of 

this Order by electronic fund transfer in accordance with instructions previously 

provided by a representative of Plaintiff. 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 10 of 15 Page ID #:67 

C. Defendant relinquishes dominion and all legal and equitable right, 

title, and interest in all assets transferred pursuant to this Order and may not seek 

the return of any assets. 

D. The facts alleged in the Complaint will be taken as true, without 

further proof, in any subsequent civil litigation by or on behalf of the Commission, 

including in a proceeding to enforce its rights to any payment or monetary 

judgment pursuant to this Order. 

E. Defendant agrees that the judgment represents a civil penalty owed to 

the government of the United States, is not compensation for actual pecuniary loss, 

and, therefore, as to Defendant, it is not subject to discharge under the Bankruptcy 

Code pursuant to 11 U.S.C. § 523(a)(7). 

F. Defendant acknowledges that her Taxpayer Identification Numbers 

(Social Security Numbers or Employer Identification Numbers), which Defendant 

previously submitted to the Commission, may be used for collecting and reporting 

on any delinquent amount arising out of this Order, in accordance with 31 U.S.C. 

§ 7701. 

VIII. ORDER ACKNOWLEDGMENTS 

IT IS FURTHER ORDERED that Defendant obtain acknowledgments of 

receipt of this Order: 

A. Defendant, within 7 days of entry of this Order, must submit to the 

Commission an acknowledgment of receipt of this Order sworn under penalty of 

perjury; 

B. For 5 years after entry of this Order, Defendant, for any business that 

Defendant is the majority owner or controls directly or indirectly, must deliver a 

copy of this Order to: (1) all principals, officers, directors, and LLC managers and 

members; (2) all employees having managerial responsibilities for conduct related 

to the subject matter of the Order and all agents and representatives who participate 

in conduct related to the subject matter of the Order; and (3) any business entity 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 11 of 15 Page ID #:68 

resulting from any change in structure as set forth in the Section titled Compliance 

Reporting. Delivery must occur within 7 days of entry of this Order for current 

personnel. For all others, delivery must occur before they assume their 

responsibilities. 

C. From each individual or entity to which Defendant delivered a copy of 

this Order, Defendant must obtain, within 30 days, a signed and dated 

acknowledgment of receipt of this Order. 

IX. COMPLIANCE REPORTING 

IT IS FURTHER ORDERED that Defendant make timely submissions to 

the Commission: 

A. Ninety days after entry of this Order, Defendant must submit a 

compliance report, sworn under penalty of perjury: 

1) Defendant must: (a) identify the primary physical, postal, and 

email address and telephone number, as designated points of 

contact, which representatives of the Commission and Plaintiff 

may use to communicate with Defendant; (b) identify all of 

Defendant’s businesses by all of their names, telephone 

numbers, and physical, postal, email, and Internet addresses; (c) 

describe the activities of each business, including the goods and 

services offered, the means of advertising, marketing, and sales; 

(d) describe in detail whether and how Defendant is in 

compliance with each Section of this Order; and (e) provide a 

copy of each Order Acknowledgment obtained pursuant to this 

Order, unless previously submitted to the Commission. 

2) Additionally, Defendant must: (a) identify all telephone 

numbers and all physical, postal, email and Internet addresses, 

including all residences; (b) identify all business activities, 

including any business for which Defendant performs services 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 12 of 15 Page ID #:69 

whether as an employee or otherwise and any entity in which 

Defendant has any ownership interest; and (c) describe in detail 

Defendant’s involvement in each such business, including title, 

role, responsibilities, participation, authority, control, and any 

ownership. 

B. For 10 years after entry of this Order, Defendant must submit a 

compliance notice, sworn under penalty of perjury, within 14 days of any change in 

the following: 

1) Defendant must report any change in: (a) any designated point 

of contact; or (b) any entity that Defendant has any ownership 

interest in or controls directly or indirectly that may affect 

compliance obligations arising under this Order, including: 

creation, merger, sale, or dissolution of the entity or any 

subsidiary, parent, or affiliate that engages in any acts or 

practices subject to this Order. 

2) Additionally, Defendant must report any change in: (a) name, 

including aliases or fictitious name, or residence address; or (b) 

title or role in any business activity, including any business for 

which Defendant performs services whether as an employee or 

otherwise and any entity in which Defendant has any ownership 

interest, and identify the name, physical address, and any 

Internet address of the business or entity. 

C. Defendant must submit to the Commission notice of the filing of any 

bankruptcy petition, insolvency proceeding, or similar proceeding by or against 

Defendant within 14 days of its filing. 

D. Any submission to the Commission required by this Order to be 

sworn under penalty of perjury must be true and accurate and comply with 28 

U.S.C. § 1746, such as by concluding: “I declare under penalty of perjury under 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 13 of 15 Page ID #:70 

the laws of the United States of America that the foregoing is true and correct. 

Executed on:” and supplying the date, signatory’s full name, title (if applicable), 

and signature. 

E. Unless otherwise directed by a Commission representative in writing, 

all submissions to the Commission pursuant to this Order must be emailed to 

DEbrief@ftc.gov or sent by overnight courier (not the U.S. Postal Service) to: 

Associate Director for Enforcement, Bureau of Consumer Protection, Federal 

Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. The 

subject line must begin: United States v. Dr. Tina Wong. 

X. RECORDKEEPING 

IT IS FURTHER ORDERED that Defendant must create certain records 

for 10 years after entry of the Order and retain each such record for 5 years. 

Specifically, for any business that Defendant is a majority owner or controls 

directly or indirectly, Defendant must create and retain the following records: 

A. accounting records showing the revenues from all products sold; 

B. personnel records showing, for each person providing services, 

whether as an employee or otherwise, that person’s: name; addresses; telephone 

numbers; job title or position; dates of service; and (if applicable) the reason for 

termination; 

C. records of all consumer complaints and refund requests, whether 

received directly or indirectly, such as through a third party, and any response; 

D. all records necessary to demonstrate full compliance with each 

Section of this Order, including all submissions to the Commission; and 

E. a copy of each unique advertisement or other marketing material 

making any representation covered by Sections I, II, III, and V of this Order. 

XI. COMPLIANCE MONITORING 

IT IS FURTHER ORDERED that, for the purpose of monitoring 

Defendant’s compliance with this Order: 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 14 of 15 Page ID #:71 

A. Within 14 days of receipt of a written request from a representative of 

the Plaintiff or the Commission, Defendant must: submit additional compliance 

reports or other requested information, which must be sworn under penalty of 

perjury; appear for depositions; and produce documents for inspection and 

copying. The Commission and Plaintiff are also authorized to obtain discovery, 

without further leave of court, using any of the procedures prescribed by Federal 

Rules of Civil Procedure 29, 30 (including telephonic depositions), 31, 33, 34, 36, 

45, and 69. 

B. For matters concerning this Order, the Commission and Plaintiff are 

authorized to communicate directly with Defendant. Defendant must permit 

representatives of the Commission and Plaintiff to interview any employee or other 

person affiliated with Defendant who has agreed to such an interview. The person 

interviewed may have counsel present. 

C. The Commission and Plaintiff may use all other lawful means, 

including posing, through its representatives as consumers, suppliers, or other 

individuals or entities, to Defendant or any individual or entity affiliated with 

Defendant, without the necessity of identification or prior notice. Nothing in this 

Order limits the Commission’s lawful use of compulsory process, pursuant to 

Sections 9 and 20 of the FTC Act, 15 U.S.C. §§ 49, 57b-1. 

D. Upon written request from a representative of the Commission or 

Plaintiff, any consumer reporting agency must furnish consumer reports 

concerning Defendant, pursuant to Section 604(1) of the Fair Credit Reporting Act, 

15 U.S.C. § 1681b(a)(1). 

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Case 2:23-cv-00063-MRW Document 7 Filed 01/10/23 Page 15 of 15 Page ID #:72 

XII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court retains jurisdiction ofthis 

matter for purposes of construction, modification, and enforcement ofthis Order. 

IT IS SO ORDERED. 

DATED: 01/10/2023 

M . 

UNITED STATES MAGISTRATE WDGE 

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