reov. 9. {we Lima 4 z? JOHN J. HOFFMAN 3 - ACTING ATTORNEY GENERAL OF NEW JERSEY . . Division of Law It? '5 12.4 Halsey Street 5?h Flo-or 45029 ., -t Newark, New Jersey 07101 OCT 2?1 2915 Attorney for Piainti??s MARK H. SANQSON, Rtoh.? By: Alina We}15(029512006) Deputy Attorney Generat (973) 648-3070 SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION, ATLANTIC COUNTY DOCKET NO. JOHN J. HOFFMAN, Acting Atmmey General of the State of New Jersey, and STEVE C. LEE, Acting Director of the New Jersey Division of Consumer Civil Action A??airs, Plaintiffs, v. WATERWORLD FEBER GLASS POOLS (N.E.) mo, DONALD TALLMAN, and JANE AND FINAL ORDER 0N DEFAULT AS JOHN DOES mo, individualiy and as OWners, T0 of?cers, directms, shareholders, founders, members, managets, tetrlpimzteesj servantsj agents, POOLS (RUE) INC. representatives and/or independent contractors of AND DONALD TALLMAN WATERWORLD FIBER GLASS POOLS (N.E.) and XYZ CORPORATIONS EFZO, Defendants. THIS MATTER was opened to the Court on the application of piaintif?fs John J. Hoffman, Acting Attorney General of the State of New Jersey (?Attorney General?), and Steve C. Lee, Nov. 2015 2:i4Pi?l (21> Let.) C3 C15 Acting Director of the New Jersey Divisioo of Consumer Affairs (?Director?) (collectively, Alina Wells, Deputy Attorney General, appearing), by way of a Cemplaint ?ied on February 23, 2015, alleging that Waterworld Fiber Glass Pools (NE) inc. (?Waterwo?d?) and Donald Taliman Tailman?) in his individtial capacity (collectively, ?Defendants?) have, directly or through others, engaged in cenduct in violation of the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-i e; E. the Contractors? Registration Act, NJJSA. 56:8-136 e_t the Regulations Governing Contractor Registration, e_t go}, (?Contractor Registration Regulations?), and the Regulations Governing Home Improvement . Practices, ?31 s_e_q, (?Home Improvement Regulations?). Waterworld and D. Taliman failed to ?le Answers. On Jane 3, 2015, the Court entered default against Watenyorld and B. Tallmen, pursuant to 3, 4:43?1. Defendants have not moved to vacate the defaults entered against them. THIS COURT NOW FINDS THAT: A. The Court hasjurisdiction over the subject matter of this action and over the named Defendants. Based upon the evidence submitted by Plaintiffs, including the Certification of Investigan tor Michelle Davis with accompanying exhibits, and the Codi?cation of Deputy Attorney Gen- eral Alina Wells with accompanying exhibits, the Defendants have engaged in conduct which Comprises two honored twenty nine (229) violations of the CPA, the Contractors? Registration Act, the Centractor Registration Regulations, and the Home Improvement Regulations, with the foliowing breakdown: Unconscicnable Commercial Practices (ELISA. 56:84) fatty-?ve (45) violations; (is) False Promises and/or Misrepresentations (N.J.S.A. 56:8-2) sixteen (16) violations; Contractors Registration Act (13.3 .S.A. 56:8436 e_t seg.) seventy~nine Nov. 5. 0 its. 30 N) Contractor?s Registration Regulations, (N.J.A.C. l3:4SAul7.i gt sea) forty?two (42) viola.- tions; and Home Improvement Regulations e: egg) forty-seven (47) violations. THEREFORE, IT IS On this 43 day of 6&ka015, I. ORDERED that the acts of Defendants constitute unconscionable commercial practices, deception and false promises anti/or misrepresentations in violation of the CPA, 5618-1 e_t Sill? as well as violations of the Contractors? Registration Act, MA 5628~ 136 91. the CantractOr Registration Regulations, and the Home improvement Regulations, e_t 2. IT ISIFURTHER ORDERED that the Defendants and their owners, of?cers, directors, shareholders, founders, members, managers, agents, servants, empioyees, representatives, independent contractors and all other persons or entities directiy under their control, are permanently enjoined from engaging in, continuing to engage in, Or doing any acts or practices in violation of the CPA, 56:8-1 et seq? as wail as in violatioo of the Contractor? Registration Act, N.J.S.A. 56:8-136 seg., the Contractor Registration Reguiations, gt sec?, and the Home Improvement Regulations, e1 ?935 3. IT IS FURTHER ORDERED that, porsnant to the CFA, 56:8~8, D. Tailman is permanently enjoined from owning, operating or otherwise managing any business or other entity in the State, whether registered with the Division or not, that advertises, o?ers for sale, sells and/or performs Services within the State; 4. IT IS FURTHER ORDERED that, pursuant to the CFA, 56:8-8, the Defendants are permanently enioinect from the advertisement, offer for sale, sale and liar. Nib livilliil e. 4 performance of Services within the State; 5. IT IS FURTHER ORDERED that, pUrsuant to the CPA, 56:8?8, the Certificate of Formation in the State for Waterworld is permanently canceled; 6. IT IS FURTHER ORDERED that, pursuant to the CFA, ELSA 56:8~8 the Defendants, jointly and severally, shall pay to Plaintiffs consumer restitution in the total amount of $277,550.00. The funds paid by Defendants pursuant to this section of the Final Judgment by Default and Order (?Judgment and Order?) shall be used for equitable relief including, but not limited to, consumer redress and any attendant expenses for the administration of any redress fund. If Plaintiffs determine, in their sole discretion, that redress to consumers is whoily or partially impracticable, any funds not so used shall be retained by the Division of Consumer A?airs in lieu of redress. Defendants shall have no right to contest the manner of distribution chosen by Plaintiffs. Plaintiffs in their sole discretion may use a designated agent to administer consumer redress. ET IS FURTHER ORDERED that, pursuant to the CFA, 56:8-13, Defendants, jointly and severally, shall pay to the Division civil penalties in the total amount of $2,290,000.00. 8. IT IS FURTHER ORDERED that, pursuant to the CFA, NLSA. 56:8-19, Defendants, jointly and severally, shall reimbm'se Plaintiffs for all attorneys? fees incurred in the prosecution of this action, in the total amount of $14,105.00. 9. IT IS FURTHER ORDEREB that, pursuant to the CPA, 56:8?11, Defendants, jointly and severally, shall reimburse Plaintiffs for their investigative costs, in the total amount of $4,586.85. 10. IT IS FURTHER ORDERED that nothing centaiued in this Judgment and (DC) . kJ'l LJJ <23? Order, including the Coast?s determinations herein, shat! bisd or affect the rights of any persons not a palty hereto, or preclude actions against any unnamed parties. 11. IT IS FURTHER ORDERED that nothing contained in this Judgment and Order shall bind 0r affect any position which any party may take in future or unrelated actions. 12. IT IS FURTHER ORDERED that. this Judgment and Order may be enforced only by Plaintiffs 01- Defendants or their successors heseto. 13. IT IS FURTHER ORDERED that this Court retains iurisdiction for the purpose- of enabling Plaintiffs or Defendants to appiy to this Court for any such for-ther orders and directions as may be necessary and appropriate for the enforcement of, or compliance with, this A. $01 . as Judgmentand Order. ?f 9* (L1 Cvrim 5 (DMLJAJBLH 4c? \ng ?ii/?M M. Wye?Pl 53:? x7161; met Sen/1930M ?ccordance with the required statement of 1 6 2(3) this motion was mapposed unopposed.