Case: 5:20-cv-02494-SL Doc #: 5 Filed: 11/05/20 1 of 25. PageID #: 329 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF OHIO 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

 v. 

ONE OR MORE UNKNOWN PARTIES 

DECEIVING CONSUMERS INTO MAKING 

PURCHASES THROUGH: 

www.cleanyos.com, 

www.arlysol.com, 

www.broclea.com, 

www.cadclea.com, 

www.cleancate.com, 

www.cleankler.com, 

www.cleanula.com, 

www.clean-sale.com, 

www.clean-sell.com, 

www.clorox-sale.com, 

www.clorox-sales.com, 

www.cloroxstore.com, 

www.crlysol.com, 

www.elysol.com, 

www.littletoke.com, 

www.lybclean.com, 

www.lysoiclean.com, 

www.lysol-clean.com, 

www.lysol-cleaners.com, 

www.lysol-free.com, 

www.lysolsales.com, 

www.lysolservicebest.com, 

www.lysol-sell.com, 

www.lysol-wipe.com, and 

www.thaclean.com,

 Defendants. 

Case No. ____________ 5:20cv2494

Judge Sara Lioi

EX PARTE TEMPORARY RESTRAINING ORDER WITH ASSET FREEZE 

AND OTHER EQUITABLE RELIEF AND ORDER TO SHOW CAUSE 

WHY A PRELIMINARY INJUNCTION SHOULD NOT ISSUE 

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Plaintiff, the Federal Trade Commission (“FTC”), has filed its Complaint for Permanent 

Injunction and Other Equitable Relief pursuant to Sections 13(b) and 19 of the Federal Trade 

Commission Act (“FTC Act”), 15 U.S.C. §§ 53(b) and 57b, and the FTC’s Trade Regulation 

Rule Concerning the Sale of Mail, Internet, or Telephone Order Merchandise (“MITOR” or the 

“Rule”), 16 C.F.R. Part 435, to obtain permanent injunctive relief, rescission or reformation of 

contracts, restitution, the refund of monies paid, disgorgement of ill-gotten monies, and other 

equitable relief for Defendants’ acts or practices in violation of Section 5(a) of the FTC Act, 15 

U.S.C. §45(a), and in violation of MITOR, 16 C.F.R. Part 435 (Doc. No. 1). Plaintiff has 

moved, pursuant to Fed. R. Civ. P. 65(b), for a temporary restraining order, asset freeze, and 

other equitable relief, and an order to show cause why a preliminary injunction should not issue 

against Defendants (Doc. No._). 

FINDINGS 

The Court, having considered the Complaint, the ex parte Motion for a Temporary 

Restraining Order, declarations, exhibits, and the memorandum of points and authorities filed in 

support thereof, and being otherwise advised, finds that: 

A. This Court has jurisdiction over the subject matter of this case, and there is good 

cause to believe that it will have jurisdiction over all parties hereto and that venue in this district 

is proper. 

B. In numerous instances, taking advantage of consumers desperate to get hold of 

cleaning and disinfecting products during the worldwide Coronavirus Disease 2019 (COVID-19) 

pandemic, Defendants used a series of counterfeit websites that impersonate the websites of 

well-known brands Clorox and Lysol in order to trick consumers into ordering and paying for 

such products that Defendants never Ship. 

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C. In numerous instances, Defendants engaged in the following practices: 

1. Represented that they would Ship orders when they did not have a 

reasonable basis to expect to Ship the ordered goods within the timeframes promised or within 

30 days; 

2. Failed to offer consumers the opportunity to consent to a delay in Shipping 

or cancel their order and receive a Prompt Refund; 

3. Failed to cancel orders and provide consumers a Prompt Refund when 

orders were not Shipped in time or consumers did not consent to a delay in Shipping; 

4. Failed to deem orders cancelled or provide a Prompt Refund when 

requested by consumers. 

D. There is good cause to believe that Defendants have engaged in and are likely to 

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

MITOR, 16 C.F.R. § 435.2(a), (b), and (c), and that Plaintiff is therefore likely to prevail on the 

merits of this action. 

E. There is good cause to believe that immediate and irreparable harm will result 

from Defendants’ ongoing violations of the FTC Act and MITOR unless Defendants are 

restrained and enjoined by order of this Court. 

F. There is good cause to believe that immediate and irreparable damage to the 

Court’s ability to grant effective final relief for consumers—including monetary restitution, 

rescission, disgorgement, or refunds—will occur from the sale, transfer, destruction or other 

disposition or concealment by Defendants of their Assets or records, unless Defendants are 

immediately restrained and enjoined by order of this Court; and that, in accordance with Fed. R. 

Civ. P. 65(b), the interests of justice require that this Order be granted without prior notice to 

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Defendants. Thus, there is good cause for relieving Plaintiff of the duty to provide Defendants 

with prior notice of its Motion for a Temporary Restraining Order. 

G. Good cause exists for freezing Defendants’ Assets and permitting the Plaintiff to 

take expedited discovery. 

H. Weighing the equities and considering Plaintiff’s likelihood of ultimate success 

on the merits, a temporary restraining order with an asset freeze, expedited discovery, and other 

equitable relief is in the public interest. 

I. This Court has authority to issue this Order pursuant to Section 13(b) of the FTC 

Act, 15 U.S.C. § 53(b); Federal Rule of Civil Procedure 65; and the All Writs Act, 28 U.S.C. 

§ 1651. 

J. No security is required of any agency of the United States for issuance of a 

temporary restraining order. Fed. R. Civ. P. 65(c). 

DEFINITIONS 

For the purpose of this Temporary Restraining Order (“Order”), the following definitions 

shall apply: 

1. “Asset” means any legal or equitable interest in, right to, or claim to, any 

property, wherever located and by whomever held. 

2. “Clearly and Conspicuously” means that a required disclosure is difficult to 

miss (i.e., easily noticeable) and easily understandable by ordinary consumers, including in all of 

the following ways: 

A. In any communication that is solely visual or solely audible, the disclosure 

must be made through the same means through which the communication is presented. In any 

communication made through both visual and audible means, such as a television advertisement, 

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the disclosure must be presented simultaneously in both the visual and audible portions of the 

communication even if the representation requiring the disclosure is made in only one means. 

B. A visual disclosure, by its size, contrast, location, the length of time it 

appears, and other characteristics, must stand out from any accompanying text or other visual 

elements so that it is easily noticed, read, and understood. 

C. An audible disclosure, including by telephone or streaming video, must be 

delivered in a volume, speed, and cadence sufficient for ordinary consumers to easily hear and 

understand it. 

D. In any communication using an interactive electronic medium, such as the 

Internet or software, the disclosure must be unavoidable. 

E. The disclosure must use diction and syntax understandable to ordinary 

consumers and must appear in each language in which the representation that requires the 

disclosure appears. 

F. The disclosure must comply with these requirements in each medium 

through which it is received, including all electronic devices and face-to-face communications. 

G. The disclosure must not be contradicted or mitigated by, or inconsistent 

with, anything else in the communication. 

H. When the representation or sales practice targets a specific audience, such 

as children, the elderly, or the terminally ill, “ordinary consumers” includes reasonable members 

of that group. 

3. “Defendant” or “Defendants” means the person(s) and/or entity(ies), 

individually, collectively, or in any combination, who have owned, operated, or controlled any of 

the websites listed in Attachment A. 

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4. “Document” is synonymous in meaning and equal in scope to the usage of 

“document” and “electronically stored information” in Federal Rule of Civil Procedure 34(a), 

Fed. R. Civ. P. 34(a), and includes writings, drawings, graphs, charts, photographs, sound and 

video recordings, images, Internet sites, web pages, websites, electronic correspondence, 

including e-mail and instant messages, contracts, accounting data, advertisements, FTP Logs, 

Server Access Logs, books, written or printed records, handwritten notes, telephone logs, 

telephone scripts, receipt books, ledgers, personal and business canceled checks and check 

registers, bank statements, appointment books, computer records, customer or sales databases 

and any other electronically stored information, including Documents located on remote servers 

or cloud computing systems, and other data or data compilations from which information can be 

obtained directly or, if necessary, after translation into a reasonably usable form. A draft or nonidentical copy is a separate document within the meaning of the term. 

5. “Electronic Data Host” means any person or entity in the business of storing, 

hosting, or otherwise maintaining electronically stored information. This includes, but is not 

limited to, any entity hosting a website or server, and any entity providing “cloud based” 

electronic storage. 

6. “Prompt” in the context of a Refund, means a Refund sent by any means at least 

as fast and reliable as first class mail within 7 days of the date on which the buyer’s right to 

refund vests under the provisions of this Court Order. Provided, however, that where Defendant 

cannot provide a Refund by the same method payment was tendered, Prompt Refund means a 

Refund sent in the form of cash, check, or money order, by any means at least as fast and reliable 

as first class mail, within 7 days of the date on which Defendant discovers Defendant cannot 

provide a Refund by the same method as payment was tendered. 

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7. “Refund” means: 

A. Where the buyer tendered full payment for the unshipped merchandise in 

the form of cash, check, or money order, a return of the amount tendered in the form of cash, 

check, or money order sent to the buyer; 

B. Where there is a credit sale: 

i. And Defendant is a creditor, a copy of a credit 

memorandum or the like or an account statement sent to the buyer reflecting the 

removal or absence of any remaining charge incurred as a result of the sale from 

the buyer’s account; 

ii. And a third party is the creditor, an appropriate credit 

memorandum or the like sent to the third party creditor which will remove the 

charge from the buyer’s account and a copy of the credit memorandum or the like 

sent to the buyer that includes the date that Defendant sent the credit 

memorandum or the like to the third party creditor and the amount of the charge 

to be removed, or a statement from Defendant acknowledging the cancellation of 

the order and representing that it has not taken any action regarding the order 

which will result in a charge to the buyer’s account with the third party; 

iii. And the buyer tendered partial payment for the unshipped 

merchandise in the form of cash, check, or money order, a return of the amount 

tendered in the form of cash, check, or money order sent to the buyer. 

C. Where the buyer tendered payment for the unshipped merchandise by any 

means other than those enumerated in subsection (A) or (B) of this definition: 

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i. Instructions sent to the entity that transferred payment to 

Defendant instructing that entity to return to the buyer the amount tendered in the 

form tendered and a statement sent to the buyer setting forth the instructions sent 

to the entity including the date of the instructions and the amount to be returned to 

the buyer; 

ii. A return of the amount tendered in the form of cash, check, 

or money order sent to the buyer; or 

iii. A statement from Defendant sent to the buyer 

acknowledging the cancellation of the order and representing that Defendant has 

not taken any action regarding the order which will access any of the buyer’s 

funds. 

8. “Ship”, or any variation thereof, including “Shipment” or “Shipping,” means 

the act by which the merchandise is physically placed in the possession of the carrier. 

I. PROHIBITED MISREPRESENTATIONS 

IT IS THEREFORE ORDERED that Defendants, Defendants’ officers, agents, 

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

receive actual notice of this Order by personal service or otherwise, whether acting directly or 

indirectly, in connection with the advertising, marketing, promoting, offering for sale, or selling 

of any goods or services, are temporarily restrained and enjoined from misrepresenting or 

assisting others in misrepresenting, expressly or by implication, any material fact, including, but 

not limited to: 

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A. That any Defendant or any other person is part of, affiliated with, or authorized to 

sell products of companies, including but not limited to the manufacturers of Clorox and Lysol 

cleaning and disinfecting products; 

B. That any Defendant or any other person will deliver goods or services that a 

consumer purchased; 

C. Any other fact material to consumers concerning any good or service, such as: 

the total costs; any material restrictions, limitations, or conditions; or any material aspect of its 

performance, efficacy, nature, or central characteristics. 

II. PROHIBITED BUSINESS ACTIVITIES CONCERNING MAIL, INTERNET, OR 

TELEPHONE ORDERS 

IT IS THEREFORE ORDERED that Defendants, Defendants’ officers, agents, 

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

receive actual notice of this Order by personal service or otherwise, whether acting directly or 

indirectly, in connection with the advertising, marketing, promoting, offering for sale, or selling 

of any goods or services, by mail, via the internet, or by telephone, are temporarily restrained and 

enjoined from: 

A. Representing that they will Ship purchased goods within the time stated in the 

solicitation, including the same day, when they do not have a reasonable basis to expect to Ship 

the goods within the time stated; 

B. Failing to Ship orders to consumers either within the time stated in the 

solicitation, or within thirty (30) days of full or partial payment if no time is stated; 

C. Failing to Clearly and Conspicuously offer consumers the opportunity to consent 

to a delay in Shipping or to cancel their order and receive a Prompt Refund if Defendants cannot 

Ship an order within the time promised, or thirty (30) days, whichever is shorter; 

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D. Failing to cancel orders or provide consumers a Prompt Refund when their orders 

will not Ship on time, and for which the consumer did not consent to a delayed Shipment date; 

E. Failing to deem orders cancelled or provide a Prompt Refund when Defendants 

receive cancellation and Refund requests from consumers pursuant to any option under MITOR; 

F. Providing revised Shipping dates unless at the time any such revised Shipping 

date is provided Defendants have a reasonable basis for making such representations regarding 

the definite revised Shipping date; and 

G. Informing buyers that Defendants are unable to make any representation 

regarding the length of any delay unless Defendants have a reasonable basis for so informing the 

buyer and Defendants inform the buyer of the reasons for the delay. 

III. PROHIBITION ON CHARGING, BILLING, OR ATTEMPTING TO COLLECT 

PAYMENT FROM CONSUMERS 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, 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, are hereby temporarily 

restrained and enjoined from charging, billing, or attempting to collect payment from any 

consumer for the purchase of any goods or services through any of the websites listed in 

Attachment A. 

IV. PROHIBITION ON RELEASE OF CUSTOMER INFORMATION 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, 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, are hereby temporarily 

restrained and enjoined from disclosing, using, or benefitting from customer information, 

including the name, address, telephone number, email address, social security number, other 

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identifying information, or any data that enables access to a customer’s account (including a 

credit card, bank account, PayPal account, or other financial account), that any Defendant 

obtained prior to entry of this Order in connection with the advertising, marketing, promoting, or 

offering for sale, or selling of cleaning and disinfecting products. 

Provided, however, that Defendants may disclose such identifying information to a law 

enforcement agency, to their attorneys as required for their defense, as required by any law, 

regulation, or court order, or in any filings, pleadings or discovery in this action in the manner 

required by the Federal Rules of Civil Procedure and by any protective order in the case. 

V. SUSPENSION OF DEFENDANTS’ WEBSITES 

IT IS FURTHER ORDERED that any person or entity providing web hosting services, 

domain name registration services, or domain privacy services to or on behalf of any Defendant, 

as the services relate to any of the websites identified in Attachment A, is hereby temporarily 

restrained and enjoined from failing to: 

A. Immediately take whatever steps may be necessary to ensure that any such 

website is suspended and cannot be accessed by the public, and immediately suspend any 

domain name registration and domain privacy services for the website; 

B. Prevent the destruction or erasure of the website, preserving such documents in 

the format in which they are currently maintained, and prevent the destruction or erasure of all 

records related to the Defendants; and 

C. Immediately notify counsel for the FTC of the person or entity who operates or 

controls the website and whether the person or entity operates or controls any other website. 

Provided, however, that the restraints imposed by this Section may be modified only 

upon further order of this Court or with the written consent of counsel for the FTC. 

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VI. SUSPENSION OF DEFENDANTS’ ADVERTISING SERVICES AND ACCOUNTS 

IT IS FURTHER ORDERED that any person or entity providing advertising services to 

or on behalf of any Defendant (including but not limited to search engine, social media, and 

Internet pop-up advertising), as the services relate to any of the websites identified in 

Attachment A, is hereby temporarily restrained and enjoined from failing to: 

A. Immediately take whatever steps may be necessary to ensure that any 

advertisement for any such website is suspended and cannot be accessed by the public, and 

immediately suspend any advertising services or accounts for the website; 

B. Prevent the destruction or erasure of the advertisement, preserving such 

documents in the format in which they are currently maintained, and prevent the destruction or 

erasure of all records related to the Defendants; and 

C. Immediately notify counsel for the FTC of the person or entity who operates or 

controls the advertising service or account and whether the person or entity owns, operates, or 

controls any other advertising service or account. 

Provided, however, that the restraints imposed by this Section may be modified only 

upon further order of this Court or with the written consent of counsel for the FTC. 

VII. ASSET FREEZE 

IT IS FURTHER ORDERED that Defendants and their officers, 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, are hereby temporarily 

restrained and enjoined from: 

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A. Transferring, liquidating, converting, encumbering, pledging, loaning, selling, 

concealing, dissipating, disbursing, assigning, relinquishing, spending, withdrawing, granting a 

lien or security interest or other interest in, or otherwise disposing of any Assets that are: 

1. owned or controlled, directly or indirectly, by any Defendant; 

2. held, in part or in whole, for the benefit of any Defendant; 

3. in the actual or constructive possession of any Defendant; or 

4. owned or controlled by, in the actual or constructive possession of, or 

otherwise held for the benefit of, any corporation, partnership, asset 

protection trust, or other entity that is directly or indirectly owned, 

managed or controlled by any Defendant. 

B. Opening or causing to be opened any safe deposit boxes, commercial mail boxes, 

or storage facilities titled in the name of any Defendant or subject to access by any Defendant; 

C. Incurring charges or cash advances on any credit, debit, or ATM card issued in 

the name, individually or jointly, of any Corporate Defendant or any corporation, partnership, or 

other entity directly or indirectly owned, managed, or controlled by any Defendant or of which 

any Defendant is an officer, director, member, or manager. This includes any corporate 

bankcard or corporate credit card account for which any Defendant is, or was on the date that this 

Order was signed, an authorized signor; or 

D. Cashing any checks or depositing any money orders or cash received from 

consumers, clients, or customers of any Defendant. 

The Assets affected by this Section shall include: (1) all Assets of Defendants as of the 

time this Order is entered; and (2) Assets obtained by Defendants after this Order is entered if 

those Assets are derived from any activity that is the subject of the Complaint in this matter or 

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that is prohibited by this Order. The restraints imposed by this Section may be modified only 

upon further order of this Court or with the written consent of counsel for the FTC. This Section 

does not prohibit any transfers of foreign Assets specifically required by this order. 

VIII. DUTIES OF ASSET HOLDERS AND OTHER THIRD PARTIES 

IT IS FURTHER ORDERED that any financial or brokerage institution, Electronic 

Data Host, credit card processor, payment processor, merchant bank, acquiring bank, 

independent sales organization, third party processor, payment gateway, insurance company, 

business entity, or person who receives actual notice of this Order (by service or otherwise) that: 

(a) has held, controlled, or maintained custody, through an account or otherwise, of any 

Document on behalf of any Defendant or any Asset that has been owned or controlled, directly 

or indirectly, by any Defendant; held, in part or in whole, for the benefit of any Defendant; in the 

actual or constructive possession of any Defendant; or owned or controlled by, in the actual or 

constructive possession of, or otherwise held for the benefit of, any corporation, partnership, 

asset protection trust, or other entity that is directly or indirectly owned, managed or controlled 

by any Defendant; 

(b) has held, controlled, or maintained custody, through an account or otherwise, of any 

Document or Asset associated with credits, debits, or charges made on behalf of any Defendant, 

including reserve funds held by payment processors, credit card processors, merchant banks, 

acquiring banks, independent sales organizations, third party processors, payment gateways, 

insurance companies, or other entities; or 

(c) has extended credit to any Defendant, including through a credit card account, shall: 

A. Hold, preserve, and retain within its control and prohibit the withdrawal, removal, 

alteration, assignment, transfer, pledge, encumbrance, disbursement, dissipation, relinquishment, 

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conversion, sale, or other disposal of any such Document or Asset, as well as all Documents or 

other property related to such Assets; provided, however, that this provision does not prohibit an 

individual Defendant from incurring charges on a personal credit card established prior to entry 

of this Order, up to the pre-existing credit limit; 

B. Deny any person access to any safe deposit box, commercial mail box, or storage 

facility that is titled in the name of any Defendant, either individually or jointly, or otherwise 

subject to access by any Defendant; 

C. Provide Plaintiff’s counsel, within three (3) days of receiving a copy of this 

Order, a sworn statement setting forth, for each Asset or account covered by this Section: 

1. The identification number of each such account or Asset; 

2. The balance of each such account, or a description of the nature and value 

of each such Asset as of the close of business on the day on which this 

Order is served, and, if the account or other Asset has been closed or 

removed, the date closed or removed, the total funds removed in order to 

close the account, and the name of the person or entity to whom such 

account or other Asset was remitted; 

3. The identification of the person or entity who owns or controls each such 

account or Asset; and 

4. The identification of any safe deposit box, commercial mail box, or 

storage facility that is either titled in the name, individually or jointly, of 

any Defendant, or is otherwise subject to access by any Defendant; and 

D. Upon the request of Plaintiff’s counsel, promptly provide Plaintiff’s counsel with 

copies of all records or other Documents pertaining to any account covered by this Section or 

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Asset, including originals or copies of account applications, account statements, signature cards, 

checks, drafts, deposit tickets, transfers to and from the accounts, including wire transfers and 

wire transfer instructions, all other debit and credit instruments or slips, currency transaction 

reports, 1099 forms, and all logs and records pertaining to safe deposit boxes, commercial mail 

boxes, and storage facilities. 

Provided, however, that the restraints imposed by this Section may be modified only 

upon further order of this Court or with the written consent of counsel for the FTC. 

IX. FINANCIAL DISCLOSURES 

IT IS FURTHER ORDERED that each Defendant, within five (5) days of service of 

this Order upon them, shall prepare and deliver to Plaintiff’s counsel: 

A. Completed financial statements on the forms attached to this Order as 

Attachment B (Financial Statement of individual Defendant) for each individual Defendant, and 

Attachment C (Financial Statement of corporate Defendant) for each corporate Defendant; and 

B. Completed Attachment D (IRS Form 4506, Request for Copy of a Tax Return) 

for each Defendant. 

X. FOREIGN ASSET REPATRIATION 

IT IS FURTHER ORDERED that within five (5) days following the service of this 

Order, each Defendant shall: 

a. Provide Plaintiff’s counsel with a full accounting, verified under oath and 

accurate as of the date of this Order, of all Assets, Documents, and accounts outside of the 

United States which are: (1) titled in the name, individually or jointly, of any Defendant; 

(2) held by any person or entity for the benefit of any Defendant or for the benefit of, any 

corporation, partnership, asset protection trust, or other entity that is directly or indirectly owned, 

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managed or controlled by any Defendant; or (3) under the direct or indirect control, whether 

jointly or singly, of any Defendant; 

b. Take all steps necessary to provide Plaintiff’s counsel access to all Documents 

and records that may be held by third parties located outside of the territorial United States of 

America, including signing the Consent to Release of Financial Records appended to this Order 

as Attachment E. 

c. Transfer to the territory of the United States all Documents and Assets located in 

foreign countries which are: (1) titled in the name, individually or jointly, of any Defendant; (2) 

held by any person or entity for the benefit of any Defendant or for the benefit of, any 

corporation, partnership, asset protection trust, or other entity that is directly or indirectly owned, 

managed or controlled by any Defendant; or (3) under the direct or indirect control, whether 

jointly or singly, of any Defendant; and 

5. The same business day as any repatriation, (1) notify counsel for Plaintiff of the 

name and location of the financial institution or other entity that is the recipient of such 

Documents or Assets; and (2) serve this Order on any such financial institution or other entity. 

XI. NON-INTERFERENCE WITH REPATRIATION 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, 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, are hereby temporarily 

restrained and enjoined from taking any action, directly or indirectly, which may result in the 

encumbrance or dissipation of foreign Assets, or in the hindrance of the repatriation required by 

this Order, including, but not limited to: 

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A. Sending any communication or engaging in any other act, directly or indirectly, 

that results in a determination by a foreign trustee or other entity that a “duress” event has 

occurred under the terms of a foreign trust agreement until such time that all Defendants’ Assets 

have been fully repatriated pursuant to this Order; or 

B. Notifying any trustee, protector or other agent of any foreign trust or other related 

entities of either the existence of this Order, or of the fact that repatriation is required pursuant to 

a court order, until such time that all Defendants’ Assets have been fully repatriated pursuant to 

this Order. 

XII. CONSUMER CREDIT REPORTS 

IT IS FURTHER ORDERED that Plaintiff may obtain credit reports concerning any 

Defendants pursuant to Section 604(a)(1) of the Fair Credit Reporting Act, 15 U.S.C. 

1681b(a)(1), and that, upon written request, any credit reporting agency from which such reports 

are requested shall provide them to Plaintiff. 

XIII. PRESERVATION OF RECORDS 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, 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, are hereby temporarily 

restrained and enjoined from: 

A. Destroying, erasing, falsifying, writing over, mutilating, concealing, altering, 

transferring, or otherwise disposing of, in any manner, directly or indirectly, Documents that 

relate to: (1) the business, business practices, Assets, or business or personal finances of any 

Defendant; (2) the business practices or finances of entities directly or indirectly under the 

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control of any Defendant; or (3) the business practices or finances of entities directly or 

indirectly under common control with any other Defendant; and 

B. Failing to create and maintain Documents that, in reasonable detail, accurately, 

fairly, and completely reflect Defendants’ incomes, disbursements, transactions, and use of 

Defendants’ Assets. 

XIV. REPORT OF NEW BUSINESS ACTIVITY 

IT IS FURTHER ORDERED that Defendants, Defendants’ officers, 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, are hereby temporarily 

restrained and enjoined from creating, operating, or exercising any control over any business 

entity, whether newly formed or previously inactive, including any partnership, limited 

partnership, joint venture, sole proprietorship, or corporation, without first providing Plaintiff’s 

counsel with a written statement disclosing: (1) the name of the business entity; (2) the address 

and telephone number of the business entity; (3) the names of the business entity’s officers, 

directors, principals, managers, and employees; and (4) a detailed description of the business 

entity’s intended activities. 

XV. STAY OF ACTIONS 

IT IS FURTHER ORDERED that, except by leave of this Court, corporate Defendants, 

their officers, agents, employees, attorneys, and all other persons in active concert or 

participation with any of them, who receive actual notice of this Order, and their corporations, 

subsidiaries, divisions, or affiliates, and all investors, creditors, stockholders, lessors, customers 

and other persons seeking to establish or enforce any claim, right, or interest against or on behalf 

of corporate Defendants, and all others acting for or on behalf of such persons, are hereby 

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enjoined from taking action that would interfere with the exclusive jurisdiction of this Court over 

the Assets or Documents of corporate Defendants, including, but not limited to: 

A. Filing or assisting in the filing of a petition for relief under the Bankruptcy Code, 

11 U.S.C. § 101 et seq., or of any similar insolvency proceeding on behalf of any corporate 

Defendant; 

B. Commencing, prosecuting, or continuing a judicial, administrative, or other action 

or proceeding against any corporate Defendant, including the issuance or employment of process 

against the corporate Defendant, except that such actions may be commenced if necessary to toll 

any applicable statute of limitations; 

C. Filing or enforcing any lien on any asset of any corporate Defendant, taking or 

attempting to take possession, custody, or control of any Asset of any corporate Defendant; or 

attempting to foreclose, forfeit, alter, or terminate any interest in any Asset of any corporate 

Defendant, whether such acts are part of a judicial proceeding, are acts of self-help, or otherwise; 

or Provided, however, that this Order does not stay: (1) the commencement or continuation of a 

criminal action or proceeding; (2) the commencement or continuation of an action or proceeding 

by a governmental unit to enforce such governmental unit’s police or regulatory power; or 

(3) the enforcement of a judgment, other than a money judgment, obtained in an action or 

proceeding by a governmental unit to enforce such governmental unit’s police or regulatory 

power. 

XVI. DISTRIBUTION OF ORDER BY DEFENDANTS 

IT IS FURTHER ORDERED that Defendants shall immediately provide a copy of this 

Order to each affiliate, telemarketer, marketer, sales entity, successor, assign, member, officer, 

director, employee, agent, independent contractor, client, attorney, spouse, subsidiary, division, 

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and representative of any Defendant, and shall, within ten (10) days from the date of entry of this 

Order, and provide Plaintiff with a sworn statement that this provision of the Order has been 

satisfied, which statement shall include the names, physical addresses, phone number, and email 

addresses of each such person or entity who received a copy of the Order. Furthermore, 

Defendants shall not take any action that would encourage officers, agents, members, directors, 

employees, salespersons, independent contractors, attorneys, subsidiaries, affiliates, successors, 

assigns or other persons or entities in active concert or participation with them to disregard this 

Order or believe that they are not bound by its provisions. 

XVII. EXPEDITED DISCOVERY 

IT IS FURTHER ORDERED that, notwithstanding the provisions of the Fed. R. Civ. P. 

26(d) and (f) and 30(a)(2)(A)(iii), and pursuant to Fed. R. Civ. P. 30(a), 33, 34, and 45, Plaintiff 

is granted leave, at any time after issuance of this Order, to conduct limited expedited discovery 

for the purpose of discovering: (1) the nature, location, status, and extent of Defendants’ Assets; 

(2) the nature, location, and extent of Defendants’ business transactions and operations; 

(3) Documents reflecting Defendants’ identities, business transactions, and operations; or 

(4) compliance with this Order. The limited expedited discovery set forth in this Section shall 

proceed as follows: 

A. Plaintiff may take the deposition of parties and non-parties. Forty-eight (48) 

hours’ notice shall be sufficient notice for such depositions. The limitations and conditions set 

forth in Rules 30(a)(2)(B) and 31(a)(2)(B) of the Federal Rules of Civil Procedure regarding 

subsequent depositions of an individual shall not apply to depositions taken pursuant to this 

Section. Any such deposition taken pursuant to this Section shall not be counted towards the 

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deposition limit set forth in Rules 30(a)(2)(A) and 31(a)(2)(A) and depositions may be taken by 

telephone or other remote electronic means; 

B. Plaintiff may serve upon parties requests for production of Documents or 

inspection that require production or inspection within five (5) days of service, provided, 

however, that three (3) days of notice shall be deemed sufficient for the production of any such 

Documents that are maintained or stored only in an electronic format. 

C. Plaintiff may serve upon parties interrogatories that require response within five 

(5) days after Plaintiff serves such interrogatories; 

D. Plaintiff may serve subpoenas upon non-parties that direct production or 

inspection within five (5) days of service. 

6. Service of discovery upon a party to this action, taken pursuant to this Section, 

shall be sufficient if made by facsimile, email, or by overnight delivery. 

7. Any expedited discovery taken pursuant to this Section is in addition to, and is not 

subject to, the limits on discovery set forth in the Federal Rules of Civil Procedure and the Local 

Rules of this Court. The expedited discovery permitted by this Section does not require a 

meeting or conference of the parties, pursuant to Rules 26(d) & (f) of the Federal Rules of Civil 

Procedure. 

8. The Parties are exempted from making initial disclosures under Fed. R. Civ. P. 

26(a)(1) until further order of this Court. 

XVIII. SERVICE OF THIS ORDER 

IT IS FURTHER ORDERED that copies of this Order as well as the Motion for 

Temporary Restraining Order and all other pleadings, Documents, and exhibits filed 

contemporaneously with that Motion (other than the complaint and summons), may be served by 

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any means, including facsimile transmission, electronic mail or other electronic messaging, 

personal or overnight delivery, U.S. Mail or FedEx, by agents and employees of Plaintiff, by any 

law enforcement agency, or by private process server, upon any Defendant or any person 

(including any financial institution) that may have possession, custody or control of any Asset or 

Document of any Defendant, or that may be subject to any provision of this Order pursuant to 

Rule 65(d)(2) of the Federal Rules of Civil Procedure. For purposes of this Section, service upon 

any branch, subsidiary, affiliate or office of any entity shall effect service upon the entire entity. 

XIX. CORRESPONDENCE AND SERVICE ON PLAINTIFF 

IT IS FURTHER ORDERED that, for the purpose of this Order, all correspondence 

and service of pleadings on Plaintiff shall be addressed to: 

Harris A. Senturia 

Federal Trade Commission 

1111 Superior Avenue East, Suite 200 

Cleveland, Ohio 44114 

Telephone: (216) 263-3420 

Facsimile: (216) 263-3426 

hsenturia@ftc.gov 

XX. PRELIMINARY INJUNCTION HEARING 

IT IS FURTHER ORDERED that, pursuant to Fed. R. Civ. P. 65(b), Defendants shall 

appear before this Court on th e _________ day of ________________, 20__, at ___________, to 19th November 20 1:00

show cause, if there is any, why this Court should not enter a preliminary injunction, pending 

final ruling on the Complaint against Defendants, enjoining the violations of the law alleged in 

the Complaint, continuing the freeze of their Assets, and imposing such additional relief as may 

be appropriate. The show cause hearing shall take place in person, at 2 South Main Street, 

Akron, OH 44308, in Courtroom 530.

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XXI. BRIEFS AND AFFIDAVITS CONCERNING PRELIMINARY INJUNCTION 

IT IS FURTHER ORDERED that: 

A. Defendants shall file with the Court and serve on Plaintiff’s counsel any 

answering pleadings, affidavits, motions, expert reports or declarations, or legal memoranda no 

later than four (4) days prior to the order to show cause hearing scheduled pursuant to this Order. 

Plaintiff may file responsive or supplemental pleadings, materials, affidavits, or memoranda with 

the Court and serve the same on counsel for Defendants no later than one (1) day prior to the 

order to show Cause hearing. Provided that such affidavits, pleadings, motions, expert reports, 

declarations, legal memoranda or oppositions must be served by personal or overnight delivery, 

facsimile or email, and be received by the other party or parties no later than 5:00 p.m. ([time 

zone]) on the appropriate dates set forth in this Section. 

B. An evidentiary hearing on Plaintiff’s request for a preliminary injunction is not 

necessary unless Defendants demonstrate that they have, and intend to introduce, evidence that 

raises a genuine and material factual issue. The question of whether this Court should enter a 

preliminary injunction shall be resolved on the pleadings, declarations, exhibits, and memoranda 

filed by, and oral argument of, the parties. Live testimony shall be heard only on further order of 

this Court. Any motion to permit such testimony shall be filed with the Court and served on 

counsel for the other parties at least five (5) days prior to the preliminary injunction hearing in 

this matter. Such motion shall set forth the name, address, and telephone number of each 

proposed witness, a detailed summary or affidavit revealing the substance of each proposed 

witness’s expected testimony, and an explanation of why the taking of live testimony would be 

helpful to this Court. Any papers opposing a timely motion to present live testimony or to 

present live testimony in response to another party’s timely motion to present live testimony 

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shall be filed with this Court and served on the other parties at least three (3) days prior to the 

order to show cause hearing. 

Provided, however, that service shall be performed by personal or overnight delivery, 

facsimile or email, and Documents shall be delivered so that they shall be received by the other 

parties no later than 5:00 p.m. Eastern Time on the appropriate dates provided in this Section. 

XXII. DURATION OF THE ORDER 

IT IS FURTHER ORDERED that this Order shall expire fourteen (14) days from the 

date of entry noted below, unless within such time, the Order is extended for an additional period 

pursuant to Fed. R. Civ. P. 65(b)(2). 

XXIII. RETENTION OF JURISDICTION 

IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for 

all purposes. 

SO ORDERED, this _________ day of ________________ . 5th November, 2020

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ATTACHMENT A 
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Attachment A 

www.cleanyos.com, 

www.arclea.com, 

www.arlysol.com, 

www.aurtoclean.com, 

www.broclea.com, 

www.cadclea.com, 

www.calysol.com, 

www.cleaana.com, 

www.cleancate.com, 

www.cleankler.com, 

www.cleanula.com, 

www.clean-sale.com, 

www.clean-sell.com, 

www.clean-sprays.com, 

www.clorox-sale.com, 

www.clorox-sales.com, 

www.cloroxstore.com, 

www.crlysol.com, 

www.curtoclean.com, 

www.elysol.com, 

www.erlysol.com, 

www.hulysol.com, 

www.littletoke.com, 

www.lysolbuy.com, 

www.lysolcity.com, 

www.lybclean.com, 

www.lydclean.com, 

www.lysoehop.com, 

www.lysoiclean.com, 

www.lysol-clean.com, 

www.lysol-cleaners.com, 

www.lysoldisinfect.com, 

www.lysolel.com, 

www.lysol-free.com, 

www.lysolgift.com, 

www.lysolsales.com, 

www.lysolservicebest.com, 

www.lysol-sell.com, 

www.lysol.us.com, 

www.lysol-wipe.com, 

lysolservicebest.com, 

www.onlinelysol.com, 

www.peuclean.com, 

lysolus.com, 

www.thaclean.com