Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 1 of 10

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1 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 1 of 10 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: CIV-Martinez-McAliley Federal Trade Commission, et al., Plaintiffs, v. VGC Corporation of America, et al., Defendants. JOINT SCHEDULING REPORT AND JOINT PROPOSED SCHEDULING ORDER Pursuant to Fed. R. Civ. P. 16(b and 26(f, S.D. Fla. L.R. 16.1, and this Court s Amended Order Requiring Parties to Meet and File Joint Scheduling Report and Proposed Order and Directing Parties to File Certificates of Interested Parties [Doc. 69], counsel for Plaintiffs Federal Trade Commission and State of Florida, Office of Attorney General, and counsel for Defendants VGC Corporation of America, All Dream Vacations Corp., Violeta Gonzalez, Cesar A. Gonzalez, and Samir Jose Saer Rodriguez, submit this Joint Scheduling Conference Report (the Report. JOINT SCHEDULING REPORT On August 2, 2011, at 3:00 p.m., the following parties met by telephone conference to discuss the Joint Scheduling Report: Valerie M. Verduce Ambar J. Carvalho Allison Finn Counsel for Plaintiff Federal Trade Commission Counsel for Plaintiff Federal Trade Commission Counsel for Plaintiff State of Florida, Office of Attorney General 1

2 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 2 of 10 Miguel Armenteros Juan Berrio Counsel for Defendants VGC Corporation of America, Violeta Gonzalez, and Cesar A. Gonzalez Counsel for Defendants All Dream Vacations Corp., and Samir Jose Saer Rodriguez 1. Likelihood of Settlement There is a strong likelihood of settlement. Plaintiffs have discussed their proposed terms of settlement with Defendants and are awaiting a response. 2. Likelihood of Appearance in the Action of Additional Parties There is a possibility that Plaintiffs will seek to add additional parties to this action. Defendants do not presently anticipate the need to amend their pleading to add additional parties. 3. Proposed Time Limits The parties proposed limits on the time: (i to join other parties and to amend pleadings; (ii to file and hear motions; and (iii to complete discovery are set forth in Attachment A. 4. Proposals for the Formulation and Simplification of Issues, Including the Elimination of Frivolous Claims or Defenses, and the Number and Timing of Motions for Summary Judgment or Partial Summary Judgment At this time, the parties agree that the issues before the Court are straightforward and clear. The parties also agree that they will seek to limit their number of dispositive pleadings in accordance with the proposed time limits set forth in Attachment A. 5. Necessity or Desirability of Amendments to the Pleadings Plaintiffs state there is a possibility that they may seek to amend their complaint to add one or more parties. If an amended complaint is warranted, Plaintiffs will request leave to file an amended complaint on or before September 9,

3 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 3 of Possibility of Obtaining Admissions of Fact and of Documents, Electronically Stored Information or Things which Will Avoid Unnecessary Proof, Stipulations Regarding Authenticity of Documents, Electronically Stored Information or Things, and the Need for Advance Rulings from the Court on Admissibility of Evidence A large body of evidence was filed by Plaintiffs in support of their motion for a temporary restraining order and an order of preliminary injunction [Docs ]. That evidence was substantively admitted into evidence on June 14, 2011, during a hearing to determine whether an order of preliminary injunction should issue. A list of the Plaintiffs evidence that was substantively admitted appears at Doc. 56 and is also appended as Attachment B. In addition, two Interim Reports prepared by the Courtappointed Receiver in this case are on file with the Court at Docs. 50 and 53. These reports were substantively admitted into evidence during the June 14, 2011 hearing. The parties also agree to meet and confer after the applicable discovery deadline and prior to the pretrial conference to discuss stipulations regarding additional facts, the authenticity of additional documents, and the need for advance rulings from the Court on the admissibility of additional evidence. 7. Suggestions for the Avoidance of Unnecessary Proof and of Cumulative Evidence The parties will strive to avoid presenting unnecessary proof and/or cumulative evidence. The parties agree that they will seek to stipulate to uncontested facts and the admissibility of testimonial, physical, and documentary evidence wherever possible. 8. Suggestions on the Advisability of Referring Matters to a Magistrate Judge or Master Master. The parties do not consent to the referral of this action to a Magistrate Judge or 3

4 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 4 of Preliminary Estimate of the Time Required for Trial Plaintiffs estimate that their portion of the trial will require 3-4 full days. Defendants estimate that their portion of the trial will require 3-4 full days. 10. Requested Date(s for Conferences Before Trial, Final Pretrial Conference, and Trial Attachment A. The parties proposed time frames for conferences and trial are listed on 11. Any Other Information that Might be Helpful to the Court in Setting the Case for Status or Pretrial Conference The parties have no additional information at this time. 12. Whether the Trial will be Jury or Non-Jury The trial will be non-jury. 13. Outline of the Legal Elements of Each Claim and Defense Raised by the Pleadings (modeled on pattern substantive jury instructions applicable in this Court CLAIMS Federal Trade Commission Act, 15 U.S.C (2008, Section 45(a Unfair or Deceptive Acts or Practices in or Affecting Commerce Plaintiff, the Federal Trade Commission ( FTC or Commission, brings Counts I and II pursuant to Section 13(b the Federal Trade Commission Act ( FTC Act. 1 Section 5 of the FTC Act declares unfair or deceptive acts or practices in or affecting commerce unlawful. 2 In order to establish that the Defendants engaged in deceptive acts and practices in violation of Section 5 of the FTC Act, the Commission must demonstrate that (1 there was a representation or omission; (2 the representation 1 15 U.S.C. S 53(b U.S.C

5 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 5 of 10 or omission was likely to mislead consumers acting reasonably under the circumstances; and (3 the representation or omission was material. 3 Courts look to the net impression that the representation had on the general populace in determining whether a representation is likely to mislead reasonable consumers. 4 A claim is considered material if it involves information important to consumers and, hence, is likely to affect their choice of, or conduct regarding a product. 5 Express claims, or deliberately made implied claims, used to induce the purchase of a particular product or service are presumed to be material. 6 Individual Liability Once corporate liability is established pursuant to Section 5 of the FTC Act, an individual defendant is liable for the deceptive acts or practices of the corporation if he participated directly in the practices or acts or had authority to control them. 7 An 3 FTC v. Peoples Credit First, LLC, 244 F. Appx. 942, 944 (11th Cir (citing FTC v. Tashman, 318 F.3d 1273, 1277 (11th Cir FTC v. Peoples Credit First, LLC, No. 8:03-cv-2353, 2005 U.S. Dist. LEXIS 38545, *24 (M.D. Fla. Dec. 18, 2005, aff d, 244 F. Appx. 942, 944 (11th Cir. 2007; see also Tashman, 318 F.3d at 1283; FTC v. Atlantex Assocs., No , 1987 U.S. Dist. LEXIS 10911, *29. The net impression approach involves viewing the representation as it would be seen by the public generally which includes the ignorant, the unthinking and incredulous, who, in making purchases, do not stop to analyze but too often are governed by appearances and general impressions. Peoples Credit First, 2005 U.S. Dist. LEXIS at *24. 5 FTC v. Nat l Urological Group, Inc., 645 F. Supp. 2d 1167, 1190 (N.D. Ga. 2008, aff d, 2009 U.S. Dist. LEXIS (11th Cir. Dec. 15, 2009; see also FTC v. USA Beverages Inc., No , 2005 U.S. Dist. LEXIS 39075, *17 (S.D. Fla. Dec. 5, Nat l Urological Group, Inc., 645 F. Supp. 2d at 1190; Peoples Credit First, 2005 U.S. Dist. LEXIS at *26; FTC v. Transnet Wireless Corp., 506 F. Supp. 2d 1247, 1267 (S.D. Fla FTC v. USA Fin., LLC, No , 2011 U.S. App. LEXIS 3774, *9 (11th Cir. Feb. 25, 2011 (citing FTC v. Gem Merch. Corp., 87 F.3d 466, 470 (11th Cir. 1996; Peoples Credit First, 2005 U.S. Dist. LEXIS at *26; FTC v. U.S. Mortg. Funding, Inc., No. 11-cv-80155, 2011 U.S. Dist. LEXIS 31148, *11-12 (S.D. Fla. Mar. 1, Section 5 does not require proof that the defendant intended to deceive or acted in bad faith. USA Fin., LLC, No , 2011 U.S. App. LEXIS 3774 at *7, n. 2; U.S. Mortg. Funding, 2011 U.S. Dist. LEXIS at *12. 5

6 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 6 of 10 individual s status as a corporate officer gives rise to a presumption of ability to control a small, closely-held corporation. 8 The FTC must then demonstrate that the individual had some knowledge of the practices. 9 The FTC may establish the knowledge requirement by showing that individual had actual knowledge of material misrepresentations, reckless indifference to the truth or falsity of such misrepresentations, or an awareness of a high probability of fraud along with an intentional avoidance of the truth. 10 Redress An FTC action differs from a private suit for fraud because Section 13(b of the FTC Act serves a public purpose by authorizing the Commission to seek redress on behalf of injured consumers. 11 To obtain consumer redress it is not necessary that the Commission show actual reliance by each individual consumer. 12 Reliance may be presumed where the plaintiff demonstrates that the defendant made material misrepresentations, that they were widely disseminated, and that consumers purchased the defendant s product or service. 13 Additionally, representative proof of injury suffered 8 Nat l Urological Group, Inc., 645 F. Supp. 2d at 1207 (citing Transnet Wireless, 506 F. Supp. 2d at USA Fin., 2011 U.S. App. LEXIS 3774 at *9 (citing Gem Merch., 87 F.3d at 470; Nat l Urological Group, Inc., 645 F. Supp. 2d at ; U.S. Mortg. Funding, 2011 U.S. Dist. LEXIS at * Nat l Urological Group, Inc., 645 F. Supp. 2d at 1207 (citing Transnet Wireless, 506 F. Supp. 2d at 1270; U.S. Mortg. Funding, 2011 U.S. Dist. LEXIS at *11-12; FTC v. SlimAmerica, Inc., 77 F. Supp. 2d 1263, 1276 (S.D. Fla FTC v. U.S. Oil & Gas Corp., No , 1987 U.S. Dist. LEXIS 16137, *68 (S.D. Fla. July 10, 1987 (citing FTC v. Int l Diamond Corp., No. C WAI (JSB, 1983 U.S. Dist. LEXIS 11862, *18 (N.D. Cal. Nov. 8, 1983; see also FTC v. Freecom Commc ns, Inc., 401 F.3d 1192, 1205 (10th Cir Peoples Credit First, 2005 U.S. Dist. LEXIS at * Id. at *29; SlimAmerica, 77 F. Supp. 2d at

7 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 7 of 10 is sufficient to justify the requested relief. 14 The proper measure of restitution in a consumer redress case is the purchase price of Defendants' products or services less any refunds paid to consumers. 15 Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2010 Plaintiff, State of Florida, Office of the Attorney General, brings Counts III and IV pursuant to Florida Deceptive and Unfair Trade Practices Act, Chapter 501, Part II, Florida Statutes (2010. This Court has supplemental jurisdiction over the State of Florida s state claims pursuant to 28 U.S.C Unfair or deceptive acts or practices in the conduct of any trade or commerce are unlawful. 16 In construing Section (1, Florida Statutes (2010, due consideration and great weight shall be given to the interpretations of the Federal Trade Commission and the federal courts relating to the Federal Trade Commission Act. 17 Section 5 of the FTC Act declares unfair or deceptive acts or practices in or affecting commerce unlawful. 18 In order to establish that the Defendants engaged in deceptive acts and practices in violation of Section 5 of the FTC Act, the Commission must demonstrate that (1 there was a representation or omission; (2 the representation 14 Transnet Wireless, 506 F. Supp. 2d at 1267; U.S. Oil & Gas, 1987 U.S. Dist. LEXIS at *68 (citing Int l Diamond, 1983 U.S. Dist. LEXIS at * Nat l Urological Group, 645 F. Supp. 2d at 1212; Peoples Credit First, 2005 U.S. Dist. LEXIS at *29-30; SlimAmerica, 77 F. Supp. 2d at 1276 (citing FTC v. Wolf, No ,1996 U.S. Dist. LEXIS 1760, *27 (S.D. Fla Section (1, Florida Statutes ( Section (2, Florida Statutes ( U.S.C

8 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 8 of 10 or omission was likely to mislead consumers acting reasonably under the circumstances; and (3 the representation or omission was material. 19 Courts look to the net impression that the representation had on the general populace in determining whether a representation is likely to mislead reasonable consumers. 20 A claim is considered material if it involves information important to consumers and, hence, is likely to affect their choice of, or conduct regarding a product. 21 Express claims, or deliberately made implied claims, used to induce the purchase of a particular product or service are presumed to be material. 22 DEFENSES Defendants rest on their affirmative defenses. 14. Good Faith Estimate of the Specific Dollar Valuation of Actual Damages and Other Relief at Issue Plaintiffs seek a comprehensive, permanent injunction against Defendants to prevent them from engaging in future violations of the FTC Act and the Florida Deceptive and Unfair Trade Practices Act. The Plaintiffs also seek such relief as the Court finds necessary to redress injury to consumers resulting from Defendants 19 FTC v. Peoples Credit First, LLC, 244 F. Appx. 942, 944 (11th Cir (citing FTC v. Tashman, 318 F.3d 1273, 1277 (11th Cir FTC v. Peoples Credit First, LLC, No. 8:03-cv-2353, 2005 U.S. Dist. LEXIS 38545, *24 (M.D. Fla. Dec. 18, 2005, aff d, 244 F. Appx. 942, 944 (11th Cir. 2007; see also Tashman, 318 F.3d at 1283; FTC v. Atlantex Assocs., No , 1987 U.S. Dist. LEXIS 10911, *29. The net impression approach involves viewing the representation as it would be seen by the public generally which includes the ignorant, the unthinking and incredulous, who, in making purchases, do not stop to analyze but too often are governed by appearances and general impressions. Peoples Credit First, 2005 U.S. Dist. LEXIS at * FTC v. Nat l Urological Group, Inc., 645 F. Supp. 2d 1167, 1190 (N.D. Ga. 2008, aff d, 2009 U.S. Dist. LEXIS (11th Cir. Dec. 15, 2009; see also FTC v. USA Beverages Inc., No , 2005 U.S. Dist. LEXIS 39075, *17 (S.D. Fla. Dec. 5, Nat l Urological Group, Inc., 645 F. Supp. 2d at 1190; Peoples Credit First, 2005 U.S. Dist. LEXIS at *26; FTC v. Transnet Wireless Corp., 506 F. Supp. 2d 1247, 1267 (S.D. Fla

9 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 9 of 10 violations of the FTC Act and the Florida Deceptive and Unfair Trade Practices Act, including but not limited to, rescission or reformation of contracts, restitution, the refund of monies paid, and the disgorgement of ill-gotten monies. Plaintiffs currently estimate consumer loss to be approximately $14,595,785. This loss figure is derived from the Court-appointed Receiver s estimate of Defendants gross sales to consumers, less chargebacks and refunds as reflected in Defendants tax returns, profit and loss statements, and other available business and banking records. 15. Need for Variance from the Discovery Limitations Imposed by the Local Rules and/or the Federal Rules of Civil Procedure The parties do not request variance from the discovery limitations imposed by the Local Rules and/or the Federal Rules of Civil Procedure at this time. [SIGNATURE PAGE FOLLOWS.] 9

10 Case 1:11-cv JEM Document 82 Entered on FLSD Docket 08/04/2011 Page 10 of 10 Respectfully submitted, this 4th day of August, s/ Juan D. Berrio Juan D. Berrio, Esq. Fla. Bar. No Berrio & Berrio, P.A Brickell Avenue, Suite A-1 Miami, FL Tel: ( Fax: ( Attorney for Defendants Samir Jose Saer Rodriguez All Dream Vacations Corp. s/ Ambar J. Carvalho Valerie M. Verduce Special Bar No. A Ambar J. Carvalho Special Bar No. A Peachtree Street, Suite 1500 Atlanta, Georgia Tel: ( (Verduce ( (Carvalho Fax: ( Attorneys for Plaintiff Federal Trade Commission s/ Miguel Armenteros Miguel Armenteros Miguel Armenteros, P.A Brickell Avenue, Suite 600 Miami, Florida , telephone , facsimile Attorney for Defendants VGC Corporation of America Violeta Gonzalez Cesar Gonzalez s/ Allison Finn Allison Finn Assistant Attorney General Office of the Attorney General Economic Crimes Division The Capitol, PL-01 Tallahassee, Florida , telephone , facsimile Attorney for Plaintiff, State of Florida, Office of the Attorney General CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served by CM/ECF to all counsel of record and the Court-appointed receiver on August 4, s/ Ambar J. Carvalho Ambar J. Carvalho Special FL Bar No. A

11 Case 1:11-cv JEM Document 82-1 Entered on FLSD Docket 08/04/2011 Page 1 of 1 DATE month/day/year ATTACHMENT A Pretrial Deadlines and Trial Date 09/09/2011 Joinder of additional parties must be filed n/a Parties shall exchange expert witness summaries and reports as required by Local Rule 16.1.K 09/26/2011 Parties shall exchange written lists containing the names and addresses of all witnesses intended to be called at trial and only those witnesses shall be permitted to testify n/a Parties exchange rebuttal expert witness summaries and reports as required by Local Rule 16.1.K 10/24/2011 All discovery shall be completed 10/31/2011 A mediator must be selected 11/21/2011 All summary judgment and other dispositive motions must be filed (a minimum of 8 weeks before the filing of the pretrial stipulation 12/12/2011 Mediation shall be completed 01/13/2011 All pretrial motions and memorandum of law must be filed 01/30/2012 Joint Pretrial Stipulation must be filed 02/06/2012 Proposed findings of fact and conclusions of law must be filed 02/10/2012 Deposition designations must be filed 02/13/2012 Beginning of Trial Period 11

12 Case 1:11-cv JEM Document 82-2 Entered on FLSD Docket 08/04/2011 Page 1 of 7 ATTACHMENT B List of Substantively Admitted Evidence 12

13 Case 1:11-cv JEM Document 82-2 Entered on FLSD Docket 08/04/2011 Page 2 of 7 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: CIV-Martinez-McAliley Federal Trade Commission, et al., Plaintiffs, v. VGC Corporation of America, et al., Defendants. PLAINTIFFS EXHIBIT LIST (admitted substantively at Hearing on Motion for Preliminary Injunction - June 14, 2011 Exhibit 1. Michael Liggins, Federal Trade Commission A. Summary of 400 Consumer Complaints B. All Dreams Vacations recorded television promotion and Translation 1. All Dreams Vacations Recorded Television Promotion 2. Translation of All Dreams Vacations recorded television promotion C. Media Monitors query results for All Dreams Vacations and VGC D. All Dreams Vacations radio spot and translation 1. All Dreams Vacations recorded radio spot 2. Translation of All Dreams Vacations recorded radio spot E. VGC s For Profit Corporate Annual Report, dated February 8, 2011 F. WhoIs records search results G. VGC dba 5 Stars Vacations, bank account signature cards 1. Merchant Account, xxx5908, bank account signature card 2. Operating Account, xxx5911, bank account signature card H. VGC dba 5 Star xxx5997, bank account signature cards and account documents I. TriSource Solutions, LLC merchant account documents J. Samples of chargeback notifications and reply correspondence K. ADV s For Profit Corporation Annual report, dated May 3, 2010 L. ADV Operating Account account xxx9920 bank signature cards and account documents M. ADV bank account signature cards and account documents 1. Account xxx2887 signature cards and account documents 13

14 Case 1:11-cv JEM Document 82-2 Entered on FLSD Docket 08/04/2011 Page 3 of 7 2. Account xxx2832 signature cards and account documents N. Cynergy Data, LLC processing records O. Photograph of Doral Park signage P. Interior pictures of NW 30 Terrace, Doral, Florida Q. Checks written against VGC and ADV bank accounts to Southampton 1. VGC checks to Southampton 2. ADV checks to Southampton R. Payroll checks, VGC S. Payroll checks ADV T. Puerto Rico Orders 1. English Translation 2. Spanish Certified Copy U. Declaration of Univision Communications, Inc. Exhibit 2. Claudia Johns, Office of the Attorney General of Florida, Economic Crimes Division A. Complaints and Correspondence B. Documents produced by Azteca International Corporation i. Letter Agreement ii. Driver s License iii. Sample of Purchase Orders and Credit Card Agreement Forms iv. Sample of Correspondence v. Copy Instruction Sheet Exhibit 3. Roberto Menjivar, Federal Trade Commission A.1 Radio Commercial Audio A.2 Translation of Radio Commercial Audio B.1 Audio Recordings of Telephone Conversations B.2 Translation and Transcript of Outbound Telephone Call B.3 Translation and Transcript of Inbound Telephone Call Exhibit 4. Robert Colmerauer, Better Business Bureau Serving Southeast Florida and the Carribean ( BBB A. Consumer Complaints, Correspondence, and Reply Correspondence B. BBB s Business Review Exhibit 5. Mirashasha Velez, Florida Department of Agriculture and Consumer Services ( FDACS A. Seller of Travel Registration Application, received January 1, 2006 i. Picture Identification ii. Master Service Schedule iii. Addendum 14

15 Case 1:11-cv JEM Document 82-2 Entered on FLSD Docket 08/04/2011 Page 4 of 7 iv. Lead Generation Agreement B. Seller of Travel Registration Application, received February 25, 2010 C. Seller of Travel Registration Application, received March 12, 2010 D. Invoice E. Brochure Cover Page F. Complaints, Correspondence, and Reply Correspondence (on disc G. Business Reply Forms Exhibit 6. Exhibit 8. Exhibit 9 Exhibit 11. Exhibit 12. Exhibit 13. Tonia Jackson, Federal Trade Commission A. ADV s For Profit Corporation Annual report, dated April 29, 2011 B. Interior pictures of 5249 NW 112th Place, Doral, Florida Orlando Barretto, Former Employee 8.1 English translation of Barretto Declaration A. English Translation of Sales Script 8.2 Original Spanish-Language Declaration A. Original Spanish-Language Sales Script B. Customer Information Form C. All Dreams Vacations Memorandum D. Complaint Maria Carolina Chacin, Former Employee 9.1 English translation of Chacin Declaration 9.2 Original Spanish-Language Declaration Sandra Acebo 11.1 English translation of Acebo Declaration 11.2 Original Spanish-Language Declaration of Acebo Heriberto Alicea 12.1 English translation of Alicea Declaration 12.2 Original Spanish-Language Declaration of Alicea A. Envelope B. Invoice, Gift Certificate and Brochure C. and Attached Credit Card Authorization Form D. Letter to Five Stars Vacations E. and Attached Credit Card Authorization Form F. , Trip Confirmation, Reservations Procedures Form, and Directions to Welcome Center Christian Alvarez A. Invoice and Brochure B. Credit Card Dispute Form C. Complaint D. Complaint 15

16 Case 1:11-cv JEM Document 82-2 Entered on FLSD Docket 08/04/2011 Page 5 of 7 Exhibit 14. Exhibit 15. Exhibit 16. Exhibit 17. Exhibit 18. Exhibit 19. Exhibit 20. Exhibit 21. Milvia Aquino A. Invoice B. Complaint Fernando Bornot A. Invoice B. Map, Confirmation Letter, Reservation Procedures Form C. Complaint Rebeca Camarena 16.1 English translation of Camarena Declaration 16.2 Original Spanish-Language Declaration of Camarena A. Complaint B. Complaint Jessica Cano A. Complaint Irene Clavijo 18.1 English translation of Clavijo Declaration 18.2 Original Spanish-Language Declaration of Clavijo A. Invoice B. Confirmation C. Complaint D. Letter to FDACS Gloria De Barros A. Receipt B. Bank Statement C. Complaint D. Complaint Victoria Fernandez 20.1 English translation of Fernandez Declaration 20.2 Original Spanish-Language Declaration of Fernandez A. Confirmation Letter and Reservation Procedures Form Cesar Figueroa 21.1 English translation of Figueroa Declaration 21.2 Original Spanish-Language Declaration of Figueroa A. Television Advertisement B. Welcome Letter, Receipt, Credit Card Authorization Form, Two (2 Brochures C. Complaint 16

17 Case 1:11-cv JEM Document 82-2 Entered on FLSD Docket 08/04/2011 Page 6 of 7 Exhibit 22. Exhibit 23. Exhibit 24. Exhibit 25. Exhibit 26. Exhibit 27. Exhibit 28. Exhibit 29. Susy Gyuris A. Invoice, Confirmation Letter, Vacation Package Activation Sheet Ruben Hiraldo 23.1 English translation of Hiraldo Declaration 23.2 Original Spanish-Language Declaration of Hiraldo A. Complaint Olga King A. Complaint Luz Elena Lamboy 25.1 English translation of Lamboy Declaration 25.2 Original Spanish-Language Declaration of Lamboy A. Invoice, Letter, Vacation Package Activation Sheet B. Bank Dispute Letter from Luz Elena Lamboy C. Bank Response Letter to Luz Elena Lamboy Evelyn Mohammed A. Complaint B. Letter to Defendants C. Check from All Dream Vacations Corp. Luisa Neves-De Sousa A. Envelope, Welcome Letter, Receipt, Brochure B. Letter to Defendants Dulce Ojeda 28.1 English translation of Ojeda Declaration 28.2 Original Spanish-Language Declaration of Ojeda A. Invoice B. Cancellation Letter to Defendants C. Complaint D. Fax from Cesar Gonzalez E. Check from All Dream Vacations Corp. Carmen Orrego A. containing Receipt B. Letter to Defendants C. Complaint D. Letter to Maryland Attorney General 17

18 Case 1:11-cv JEM Document 82-2 Entered on FLSD Docket 08/04/2011 Page 7 of 7 Exhibit 30. Exhibit 31. Exhibit 33. Exhibit 34. Exhibit 35. Exhibit 36. Exhibit 37. Duber Mary Posada 30.1 English translation of Posada Declaration 30.2 Original Spanish-Language Declaration of Posada A. Invoice B. Credit Card Authorization Form C. Reservation Procedures Form D. Complaint E. Complaint Ana Ramirez A. Complaint Martha Sanchez A. Invoice B. Complaint Marcia Santos A. Complaint Joaquin Valor A. Invoice B. Letter to Florida Attorney General Receiver s Report Receiver s Supplemental Report 18

19 Case 1:11-cv JEM Document 82-3 Entered on FLSD Docket 08/04/2011 Page 1 of 2 ATTACHMENT C UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: CIV-Martinez-McAliley Federal Trade Commission, et al., Plaintiffs, v. VGC Corporation of America, et al., Defendants. ELECTION TO JURISDICTION BY A UNITED STATES MAGISTRATE JUDGE FOR FINAL DISPOSITION OF MOTIONS In accordance with the provisions of 28 U.S.C. 636(c the undersigned parties to the above-captioned civil matter hereby jointly and voluntarily elect to have a United States Magistrate judge decide the following motions and issue a final order or judgment with respect thereto: 1. Motions for Costs Yes No X 2. Motions for Attorney s Fees Yes No X 3. Motions for Sanctions Yes No X 4. Motions to Dismiss Yes No X 5. Motions for Summary Judgment Yes No X 6. Other (specify Yes No X s/ Ambar J. Carvalho (Date Counsel for Plaintiff Federal Trade Commission s/ Allison Finn (Date Counsel for Plaintiff State of Florida, Office of the Attorney General 19

20 Case 1:11-cv JEM Document 82-3 Entered on FLSD Docket 08/04/2011 Page 2 of s/ Miguel Armenteros (Date Counsel for Defendants VGC Corporation of America, Cesar A. Gonzalez and Violeta Gonzalez s/ Juan D. Berrio (Date Counsel for Defendants All Dream Vacations Corp., and Samir Jose Saer Rodriguez 20

21 Case 1:11-cv JEM Document 82-4 Entered on FLSD Docket 08/04/2011 Page 1 of 3 ATTACHMENT D [Proposed] SCHEDULING ORDER 21

22 Case 1:11-cv JEM Document 82-4 Entered on FLSD Docket 08/04/2011 Page 2 of 3 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Miami Division Case Number: CIV-Martinez-McAliley Federal Trade Commission, et al., Plaintiffs, v. VGC Corporation of America, et al., Defendants. [Proposed] SCHEDULING ORDER Having reviewed the parties Joint Scheduling Report, it is hereby ORDERED: (A (B The above-captioned case shall be on the Standard Discovery Track; and The following deadlines shall apply: 09/09/2011 Joinder of additional parties must be filed 09/26/2011 Parties shall exchange written lists containing the names and addresses of all witnesses intended to be called at trial and only those witnesses shall be permitted to testify 10/24/2011 All discovery shall be completed 10/31/2011 A mediator must be selected 11/21/2011 All summary judgment and other dispositive motions must be filed 12/12/2011 Mediation shall be completed 01/13/2011 All pretrial motions and memoranda of law must be filed 01/30/2012 Joint Pretrial Stipulation must be filed 22

23 Case 1:11-cv JEM Document 82-4 Entered on FLSD Docket 08/04/2011 Page 3 of 3 02/06/2012 Proposed findings of fact and conclusions of law must be filed 02/10/2012 Deposition designations must be filed 02/13/2012 Beginning of Trial Period SO ORDERED, this day of, Hon. Jose E. Martinez United States District Court Judge 23