IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA STATE OF FLORIDA, DEPARTMENT OF LEGAL AFFAIRS, OFFICE OF THE ATTORNEY GENERAL Plaintiff, vs. JANUS HOTELS AND RESORTS, INC., d/b/a DAYS INN and KNIGHT S INN, MGC WEST PALM BEACH CORPORATION, and MGC WEST PALM BEACH II CORPORATION. Defendants. CONSENT FINAL JUDGMENT THIS CONSENT FINAL JUDGMENT was entered upon stipulation between Plaintiff, OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, STATE OF FLORIDA, (hereinafter referred to as the ATTORNEY GENERAL ) and Defendants, JANUS HOTELS AND RESORTS, INC., d/b/a DAYS INN and KNIGHT S INN, MGC WEST PALM BEACH CORPORATION, and MGC WEST PALM BEACH II CORPORATION. All parties have consented in writing to the jurisdiction of this Court and hereby consent to the relief provided by this order. All parties waive the necessity of amending the Complaint in order to join MGC WEST PALM BEACH CORPORATION, and MGC WEST PALM BEACH II CORPORATION as Defendants. They further waive service of process upon these Defendants. Finally, they waive the necessity of hearing prior to entry of this Consent Final Judgment. The above-named Defendants, by their consent, are joined as parties Defendant to
this action. By consent of the aforementioned parties, this Court does ORDER AND ADJUDGE: I. JURISDICTION AND VENUE 1. A Complaint has been filed pursuant to the Florida Deceptive and Unfair Trade Practices Act ( FDUTPA ), Chapter 501, Part II, Fla. Stat. (2001). The complaint alleges price gouging during Hurricane Charlie and various other Unfair and Deceptive Trade Practices. 2. This Court has jurisdiction over the subject matter of this action pursuant to the provisions of FDUTPA. 3. The award of injunctive relief and other equitable relief is within the jurisdiction of the Circuit Court and the amounts in controversy meet the jurisdictional threshold of the Circuit Court. 4. Venue is proper in Palm Beach County Florida. II. TERMS OF CONSENT FINAL JUDGMENT 5. Ratification of AVC: The parties have entered into an Assurance of Voluntary Compliance, or AVC, which has been filed with the Court. The terms of the AVC fully resolve TH th this controversy, which solely concerned the motels located at: 2300 45 Street and 2200 45 Street, West Palm Beach, Palm Beach County, Florida. This Court hereby ratifies the terms of the AVC and directs the parties to comply with the terms and conditions thereof. 6. Injunction: Without determining whether Defendants have previously violated any provision of law, the Court enters the following injunction against each of the Defendants: a) They shall not violate the provisions of Chapter 501, Part II, Florida Statutes, Florida's Deceptive and Unfair Trade Practices Act (2003) (hereinafter, FDUTPA ); b) They shall not engage in price gouging during a declared state of emergency, as that
term is defined in Section 501.160 (3), Florida Statutes (2003); c) They shall honor any legitimately advertised or publicized room rate, regardless of whether the advertisement appears on a billboard, coupon, AAA guidebook, Hotel.com or other authorized source; d) They shall honor any telephonically quoted room rate; and e) They shall not impose terms and conditions for receiving advertised or quoted room rates, such as occupancy levels or limited availability of rooms, unless those terms and conditions are clearly and conspicuously disclosed in the advertisement or quote. f) They shall fully comply with all terms and conditions of the AVC. 7. This Court reserves jurisdiction to enforce the terms of the AVC. ORDERED AND ADJUDGED in Palm Beach County on this day of, 2004. Circuit Court Judge cc: Jeffrey M. Dikman, AAG Eric Glazer, Esq. Daniel S. Rosenbaum, Esq. CONSENT TO FINAL JUDGMENT 1. JANUS HOTELS AND RESORTS, INC., d/b/a DAYS INN and KNIGHT S INN, CORPORATION, are aware of their right to a trial in this matter and have waived that right.
2. JANUS HOTELS AND RESORTS, INC., d/b/a DAYS INN and KNIGHT S INN, CORPORATION admit the jurisdiction of the Court and consent to the immediate entry of this Consent Final Judgment, waiving any necessity of amending the complaint, serving process, or setting hearing. 3. JANUS HOTELS AND RESORTS, INC., d/b/a DAYS INN and KNIGHT S INN, CORPORATION state that no promise of any kind or nature whatsoever (other than the written terms of this Consent Judgment and of the AVC) were made to it to induce them to enter into this Consent Final Judgment, that they have entered into this Consent Judgment voluntarily, and that this Consent Final Judgment constitutes the entire agreement between the aforementioned parties and persons. 4. JANUS HOTELS AND RESORTS, INC., d/b/a DAYS INN and KNIGHT S INN, CORPORATION represent that the parties below are duly authorized to execute this Consent Final Judgment.
OAG v. Janus, et. al. 15th Judicial Circuit Consent Final Judgment JANUS HOTELS AND RESORTS, INC., d/b/a DAYS INN and KNIGHT S INN, By: Title: STATE OF FLORIDA) COUNTY OF PALM BEACH ) BEFORE ME, this day of, 2004, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared, who acknowledged before me that he executed the foregoing instrument for the purposes therein stated, on behalf of Janus Hotels and Resorts, Inc. NOTARY PUBLIC (print, type or stamp commissioned name of Notary Public) Personally known or Produced Identification (check one) Type of Identification Produced: Eric Glazer, Esq. Florida Bar #998575 General Counsel Janus Hotels and Resorts, Inc. 2300 NW Corporate Blvd., Suite 232 Boca Raton, FL 334317-359 561-997-2325 561-997-5331 (FAX) eglazer@janushotels.com
OAG v. Janus, et. al. 15th Judicial Circuit Consent Final Judgment MGC WEST PALM BEACH CORPORATION, and MGC WEST PALM BEACH II CORPORATION. By: Title: STATE OF FLORIDA) COUNTY OF ) BEFORE ME, this day of, 2004, an officer duly authorized to take acknowledgments in the State of Florida, personally appeared, who acknowledged before me that he executed the foregoing instrument for the purposes therein stated, on behalf of MGC WEST PALM BEACH CORPORATION, and MGC WEST PALM BEACH II CORPORATION. NOTARY PUBLIC (print, type or stamp commissioned name of Notary Public) Personally known or Produced Identification (check one) Type of Identification Produced: _ Daniel S. Rosenbaum, Esq. Becker & Poliakoff, P.A. 500 S. Australian Ave., FL9 West Palm Beach, FL 33401-6223 561-832-8987 (FAX) Attorney for MGC
OAG v. Janus, et. al. 15th Judicial Circuit Consent Final Judgment Signed this day of, 2004. Office of the Attorney General Attn: Jeffrey M. Dikman Senior Assistant Attorney General Florida Bar #274224 1515 North Flagler Drive Suite 900 West Palm Beach, Florida, 33401