Equinox Class Action |
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FEDERAL TRADE COMMISSION STATE OF HAWAII, STATE OF MARYLAND, STATE OF MICHIGAN, STATE OF NEVADA, STATE OF NORTH CAROLINA, COMMONWEALTH OF PENNSYLVANIA, STATE OF TENNESSEE, COMMONWEALTH OF VIRGINIA, Plaintiffs, v. EQUINOX INTERNATIONAL CORP, ADVANCED MARKETING SEMINARS, INC., BG MANAGEMENT, INC., and WILLIAM GOULDD, Defendants.
GLENN LOWRANCE, ANNETTE REAGOR, ANNE KEHLER, MARTIN KEHLER, and LISA FUOG, Intervenors/Plaintiffs
v.
BILL GOULDD, EQUINOX INTER- NATIONAL CORPORATION, and ADVANCED MARKETING SEMINARS, INC., Defendants. TO: ALL PERSONS AND ENTITITES WHO BECAME EQUINOX INDEPENDENT DISTRIBUTORS BETWEEN JANUARY 1, 1991, AND JANUARY 7, 1997, EXCEPT FOR THE DEFENDANTS, ANY TRUSTS OR OTHER ENTITIES THAT THE DEFENDANTS CONTROL, AND THE DEFENDANTS’ RESPECTIVE OFFICERS, DIRECTORS, AND AFFILIATES, AND MEMBERS OF THEIR IMMEDIATE FAMILIES. A lawsuit pending in the United States District Court for the district of Nevada in Las Vegas, Clark County, Nevada, No. CV-S-99-0969-JBR-RLH, may affect your rights. Plaintiffs-intervenors Glenn Lowrance, Annette Reagor, Anne Kehler, Martin Kehler, and Lisa Fuog allege that defendants Bill Gouldd, Equinox International Corporation, and Advanced Marketing Seminars, Inc., have operated Equinox as a pyramid scheme in violation of applicable law. The plaintiffs-intervenors claim that the defendants must reimburse each Equinox distributor for all consideration and payments he or she made to the defendants. The defendants deny plaintiffs-intervenors’ allegations and contend that Equinox is a legitimate network marketing company. Defendants further assert that plaintiffs-intervenors are not entitled to the damages they claim. Defendants have also asserted other defenses, including applicable statutes of limitation. The court has not ruled on the merits of the plaintiffs-intervenors’ claims or the defendants’ denials and other defenses. This notice should not be interpreted by you as an expression by the court as to the merits of the claims or defenses asserted. The purpose of this notice is to advise you of this lawsuit and its potential effect on your rights. You are receiving this notice because you have been identified as a person who may have become an Equinox independent distributor from the inception of Equinox through January 7, 1997. The suit in which plaintiffs-intervenors intervened was originally brought by the Federal Trade Commission, the States of Hawaii, Nevada, North Carolina, and South Carolina, the Commonwealth of Pennsylvania, and the Maryland Securities Commissioner. The State of South Carolina voluntarily dismissed its claims against defendants, and the States of Michigan and Tennessee and the Commonwealth of Virginia have joined the suit. These government plaintiffs allege under state and federal law that defendants engaged in deceptive trade practices, including operating an illegal pyramid scheme. The defendants deny the government plaintiffs’ allegations and contend that Equinox is a legitimate network marketing company. The defendants further assert that the government plaintiffs are not entitled to the damages they claim. The defendants have also asserted other defenses. The court has not yet ruled on the merits of the government plaintiffs’ claims or the defendants’ denials and other defenses. This notice should not be interpreted by you as an expression by the court as to the merits of the claims or defenses asserted. The government plaintiffs represent their respective federal and state governmental entities. You will be represented by the plaintiffs-intervenors, not the government plaintiffs, in the class action aspect of this litigation.
The court has conditionally ruled that plaintiffs-intervenors may pursue this lawsuit not only for themselves but also on behalf of a class consisting of other Equinox distributors. The court has named Glenn Lowrance, Annette Reagor, Anne Kehler, Martin Kehler, and Lisa Fuog as representatives of the class and their attorneys, Susman Godfrey L.L.P. and Albright, Stoddard, Warnick & Albright as counsel for the class. The class representatives have associated as counsel Crenshaw, Dupree & Milam, L.L.P., the Law Offices of Jeffrey S. Abraham, Kantrowitz, Goldhamer & Graifman, RC.. and Stull, Stull & Brody. The class consists of all persons and entities (other than the defendants; any trusts or other entities that they control: and their respective officers, directors, and affiliates and members of their immediate families) who became Equinox International Corporation independent distributors from the inception of Equinox through January 7, 1997.
The ruling by this court certifying a class action does not mean that plaintiffs-intervenors will obtain any money for class members, because this is a contented Issue that has not been decided. Rather, the ruling means that the final outcome of this lawsuit--whether favorable to the plaintiffs-intervenors or to the defendants will bind every class member, that is, all current and former Equinox distributors described above who do not timely elect to exclude themselves from the class (see below). If you fit the above description of a class member, you have a choice whether or not to remain a member of the class on whose behalf plaintiffs-intervenors maintain this suit. Either choice will have its consequences, which you should understand before making your decision.
If you remain a member of this class:
As noted, the defendants deny the plaintiff-intervenors' claims. Trial of this case will occur on April 3, 2000. You should direct any questions you have concerning the matters contained in this notice (and any corrections or changes of name or address) in writing to: Equinox Class Action Litigation If you decide to remain a member of the class and wish to communicate with Class Counsel as your attorney in this so by writing to: Barry C. Barnett You may, of course, seek the advice and guidance of your own attorney if you desire. You may examine and copy the pleadings and other records in this litigation at any time during regular office hours at the Office of the Clerk, 4425 Foley Federal Bldg., 300 Las Vegas Blvd. South, Las Vegas, NV 89101R. Please do not call or write the Court directly. If you wish the court to exclude you from the class on whose behalf plaintiffs-intervenors maintain this action, send t to the Claims Administrator by mail postmarked on or before March 31, 2000. Dated: February 22, 2000 Clerk of Court United States District Court for the District of Nevada 4425 Foley Federal Bldg. 300 Las Vegas Blvd, South Las Vegas, NV 89101 |
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