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UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
__________________________________________

FEDERAL TRADE COMMISSION,
Plaintiff,

v.

SPEAR SYSTEMS, INC., a
Wyoming corporation, et al.,
Defendants.

MOTION FOR ENTRY OF DEFAULT AGAINST DEFENDANTS ABARAGIDAN GNANENDRAN, 9151-1154 QUEBEC, INC., 9064-9252 QUEBEC, INC., AND HBE, INC.

Pursuant to Rule 55(a) of the Federal Rules of Civil Procedure, Plaintiff Federal Trade Commission (“Commission” or “FTC”) hereby moves for entry of default against Defendants Abaragidan Gnanendran, 9151-1154 Quebec, Inc., 9064-9252 Quebec, Inc., and HBE, Inc.

In support of its motion, the FTC states as follows:

1. On October 3, 2007, the FTC filed a Complaint for Injunctive and Other Equitable Relief.1 On May 8, 2008, the FTC filed a motion to amend its complaint to add the following four defendants: Abaragidan Gnanendran, 9151-1154 Quebec, Inc., 9064-9252 Quebec, Inc., and HBE, Inc. The Court granted the FTC’s motion to amend on May 15, 2008. On May 19, 2008, the Clerk’s Office for the Northern District of Illinois issued summonses as to Abaragidan Gnanendran, 9151-1154 Quebec, Inc., 9064-9252 Quebec, Inc., and HBE, Inc. (See 5/19/2008 Docket Entry.)

[1 The original Complaint named four defendants: Spears Systems, Inc., Bruce Parker, Lisa
Kimsey, and Xavier Ratelle. Spear Systems, Parker, and Kimsey agreed to a Stipulated Order for
Permanent Injunction, which was signed by this Court on May 23, 2008. The FTC is continuing its
attempts to serve Ratelle.]

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2. On July 14, 2008, Abaragidan Gnanendran was personally served with copies of the summons and Amended Complaint. (See Exhibit A). On or about July 18, 2008, the FTC also received a letter from counsel for Gnanendran, acknowledging that his client was served with the FTC’s Amended Complaint on July 14, 2008. (See Exhibit B).

3. Abaragidan Gnanendran has failed to file any response, answer, or pleading within twenty days of service as required by Rule 12(a) of the Federal Rules of Civil Procedure. Furthermore, on or about August 26, 2008, counsel for Gnanendran informed the FTC by letter that his client does not intend to participate in this matter. (See Exhibit C).

4. On June 16, 2008, 9151-1154 Quebec, Inc. and 9064-9252 Quebec, Inc. were both properly served with copies of the summons and Amended Complaint. (See Exhibit D).

5. Both 9151-1154 Quebec, Inc. and 9064-9252 Quebec, Inc have failed to file any response, answer, or pleading within twenty days of service as required by Rule 12(a) of the Federal Rules of Civil Procedure.

6. On July 7, 2008, HBE, Inc. was properly served with copies of the summons and Amended Complaint. (See Exhibit E).

7. HBE, Inc. has failed to file any response, answer, or pleading within twenty days of service as required by Rule 12(a) of the Federal Rules of Civil Procedure.

For the foregoing reasons, the FTC requests that this Court enter default against Defendants Abaragidan Gnanendran, 9151-1154 Quebec, Inc., 9064-9252 Quebec, Inc., and HBE, Inc., pursuant to Rule 55(a) of the Federal Rules of Civil Procedure.

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Respectfully Submitted,

William Blumenthal
General Counsel

/s/ Marissa J. Reich

Steven M. Wernikoff
Marissa J. Reich
Attorneys for Plaintiff
Federal Trade Commission
55 West Monroe Street, Suite 1825
Chicago, Illinois 60603
(312) 960-5634 [Telephone]
(312) 960-5600 [Facsimile]

Dated: October 24, 2008

Attachment	Date	Size
MotDefaultAGetal.pdf	12/02/08 3:04 pm	331.48 KB