Digital Altitude prelim injunction hearing delayed, TRO extended
Following a Temporary Restraining Order granted against Digital Altitude and owner Michael Force on January 29th, a preliminary injunction hearing was scheduled for February 15th.
On February 12th the FTC filed a joint Stipulation to a Continuance of the hearing, which was granted the same day.
The joint stipulation filed by the FTC requested a continuance based on the Defendant’s initial responses.
Nearly all of the Defendants have expressed a desire for additional time to explore the possibility of stipulating to a Preliminary Injunction, and, in the event such an agreement cannot be reached, to prepare for a hearing on the matter.
The stipulation also details issues with service on defendant Disc Enterprises, owing to what appears to be fraudulent set up of the company itself.
The FTC’s initial efforts to serve Disc were stymied when the process server discovered that the address of Disc’s registered agent is a vacant residential property.
At that point, the FTC turned to Disc’s articles of incorporation. Disc is incorporated in Nevada, and the certified articles of incorporation provided to the FTC by the Nevada Secretary of State show that Jashin Howell incorporated Disc, and is its sole manager or director.
The FTC cite Jashin Howell as Digital Altitude’s VP of Business Development.
Through communications with counsel for other Defendants, the FTC was able to obtain contact information for Mr. Howell.
After contacting Mr. Howell, the FTC learned he is represented by counsel.
The FTC provided Mr. Howell’s counsel with a copy of the summons and complaint in this matter.
However, earlier today, while the FTC was working to finalize agreement on and file the attached Stipulation, Mr. Howell’s counsel informed the FTC that Mr. Howell did not authorize the formation of Disc, nor did he authorize the listing of himself as a manager or director of the entity, and, in fact, “was not aware that he was affiliated with that entity in any capacity.”
The FTC has thus been unable, as of the time of filing this Notice, to identify a person willing to speak for Disc, and so has not been able to obtain agreement to the Stipulation on Disc’s behalf.
If Howell had nothing to do with Disc Enterprises, how he wound up on the Nevada incorporation records as the sole Manager/Director of the company is unclear.
In any event despite Disc Enterprises having not yet been served, the February 14th preliminary injunction hearing has been postponed to March 5th as per a February 12th order.
The TRO currently in place has also been extended through to the same date.