Electronically Filed 04/09/2013 07:33:25 AM ET IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CIVIL ACTION STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, v. Plaintiff, CASE NO: 2013 CA 3114 ACCESS TRAVEL NETWORK, INC. a Florida corporation, and HENRY W. CORDTS, JR., an individual, Defendants. ------------------------------------~/ CONSENT ORDER AND PERMANENT INJUNCTION THIS CAUSE came before this Court on April J_, 2013 on the parties' stipulation to this Consent Order and Permanent Injunction (the "Order"), and the Court being otherwise fully advised in the premises, IT IS ORDERED AND ADJUDGED as follows: I. GENERAL PROVISIONS 1.1 This Court has personal jurisdiction and subject matter jurisdiction over this action pursuant to Section 501.207, Florida Statues (2012). Venue is proper in Orange County. The Court shall retain jurisdiction over the parties and the subject matter to enforce the terms of this Consent Order and enter such further orders as may be deemed necessary or appropriate. 1.2 Defendants admit liability under Counts I and II of the Complaint. 1.3 Pursuant to Section 60.08, Florida Statutes (2012), Plaintiff, as a state agency, is not required to post a bond in order to obtain the injunctive relief provided in this Order.
II. PERMANENT INJUNCTION 2.1 Defendant Cordts is permanently enjoined from violating Section 721.205, Florida Statute (2012). 2.2 Defendant Cordts is permanently enjoined from operating, managing, owning, directing, controlling, or maintaining a financial interest in any business or managing or supervising any person that markets or provides any timeshare resale advertising service as defined in 721.05(50), Fla. Stat. (2012). 2.3 Nothing in this Order shall bar Defendant Cordts from being employed by a business which markets or provides timeshare resale advertising services so long as Defendant Cordts otherwise complies with paragraphs 2.1 and 2.2 of this Order. 2.4 Defendants shall immediately cease all promotion, marketing or solicitation of consumers for timeshare resale advertising services. Defendants may continue to provide timeshare resale advertising services to existing customers who have entered into a contract prior to the date of this order, provided however, Defendants shall not charge or attempt to charge any additional monies from such existing customers. 2.5 Access Travel Network, Inc. shall immediately modify their website, (www.accesstravelnet.com), to prominently display the following message: "Access Travel Network is not accepting new customers. Access will continue to provide advertising services to existing customers at no additional fee." 2.6 Defendants shall not destroy, mutilate, conceal, dispose, or otherwise alter any business records of Access Travel Network. Business records as used herein shall include, but not be limited to; all books, records, reports, papers, computer disks, computer memory retention devices or the like, computers, documents, correspondence, obligations, or other property which Page 2 of4
reflect or relate to Defendants' timeshare resale advertising activities. Defendants shall maintain all such business records until further order of this Court. III. DETERMINATION OF DAMAGES 3.1 The Court reserves ruling on damages in this matter pending a hearing on damages to be held within 90 days from the date of this Order or at a later date stipulated to by the parties. 3.2 Pursuant to paragraph 1.3, Defendants have admitted liability under Counts I and II, therefore the hearing on damages will be solely limited to the issue of damages. 3.3 Prior to the hearing on damages, Defendants shall not dissipate, dispose, divest, or transfer assets or monies in an attempt to avoid payment of damages. IV. DISCOVERY ON DAMAGES 4.1 The parties may commence discovery on the issue of damages upon entry of this Order. 4.2 Within five days from the date of this Order, Defendants will provide to Plaintiff a list of all checking, savings, or, other accounts in which the Defendants deposited or received monies from any of their timeshare resale advertising activities since March 2012. In addition, within five days of Defendants receipt, Defendants shall provide to Plaintiff records of all their merchant account processing. At the time of each production, Defendants shall provide written consent to the Plaintiff authorizing Plaintiffs access to all records of these accounts, including statements from these accounts showing all receipts and deposits since July 1, 2012. 4.3 Within 10 days from the date of the entry of this Order, Defendants will complete and return to Plaintiff the financial affidavits attached as exhibits "A" and "B" to this Order. Page 3 of4
4.4 Prior to the hearing on damages, Defendant Cordts shall be available for deposition upon 5 days notice from Plaintiff, which will coordinate the date and time with Defendants' counsel. 4.5 The parties agree to respond to all discovery requests within 21 days from receipt.. OTH DONE AND ORDERED in chambers of Orlando, Orange County, Florida this_{:)_ day of April, 2013. ~ )-- \ ( ~UJ\ Honorable F. Rand Wallis, Circuit Judge Page 4 of4
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CIVIL ACTION STATE OF FLORIDA OFFICE OF THE ATTORNEY GENERAL, DEPARTMENT OF LEGAL AFFAIRS, v. Plaintiff, CASE NO: 2013 CA 3114 ACCESS TRAVEL NETWORK, INC. a Florida limited liability company, and HENRY W. CORDTS, JR., an individual Defendants. ----------------------------------~/ STIPULATED FINAL MONETARY JUDGMENT THIS CAUSE having come before the Court by stipulation of the parties the Court does hereby enter a final judgment against Defendants Access Travel Network, whose last known address was 672 North Semoran Boulevard, Suite 301, Orlando, Florida 32807, and Henry W. Cordts, whose last know address was 3301 E. Celery Avenue, Sanford, Florida 32771, in the total amount of Two Hundred Fifty-eight Thousand, Eight Hundred Twelve Dollars and 50/100 ($258,812.50). This total amount includes awards ofrestitution damages in the amount of Two Hundred Forty Thousand, Nine Hundred Seventy-seven Dollars and no/100 ($240,977.00), reasonable attorney's fees in the amount of Seventeen Thousand, Eight Hundred Thirty-five Dollars and 50/100 ($17,835.50) The amounts described in this Stipulated Final Monetary Judgment shall be the joint and several responsible of all Defendants named herein and shall bear interest at a rate of 4.75% per year until fully repaid. Let execution issue forthwith.
.. ;.~..... Upon entry of this Order, the Plaintiff agrees to release any and all claims, demand, rights, and causes of action of any kind, nature, or description whatsoever that it may have against Defendants, its employees, independent contractors and agents, arising from, based upon, or relating to the allegations contained in the Plaintiffs complaint, except those which may arise from the terms and conditions of this order. ADJUDGED AND ORDERED in Orange County, Florida, this@."'? day of~3. Is I JOHN MARSHALL KEST JUDGE JOHN MARSHAL KEST Circuit Judge Conformed copy to: Jerrett D. Brock Office of the Attorney General State of Florida 135 W. Central Blvd. Suite 1000 Orlando, Florida 32801 Email: jerrett.brock@myfloridalegal.com Amber N. Davis Beusse, Wolter, Sanks, Mora & Maire, P.A. 390 N. Orange Ave. Suite 2500 Orlando, FL 32801 Email: adavis@jplawfl.com