STATE OF NORTH DAKOTA IN DISTRICT COURT . OF BURLEIGH SOUTH JUDICIAL DISTRICT STATE OF NORTH DAKOTA EX REL. WAYNE STENEHJEM, Cg!? N008-2018-CV-01176 i ATTORNEY GENERAL, . . . ASSURANCE OF Pett oner, VOLUNTARY COMPLIANCE NC RTH DAKOTA STEM CELL, INC. DBA MEDICAL SOLUTIONS, DEAN JQNES INDIVIDUALLY and TERRY L. OUTHMILLER INDIVIDUALLY Respondents. CPAT "270202.001 TO: NORTH DAKOTA STEM CELL, INC dbga WEST2NORTH MEDICAL SOLUTIONS DEAN JONES TERRY L. OUTHMILLER 42107 BOULDER RIDGE ROAD #175 BISMARCK, NO 58503 Wayne Stenehjem, Attorney Generia! Of the State of North Dakota (Attorneygeeneral), acts in the pubiic interest pursuant is North Dakota Century Code (N. 3.0.0.) Oh. N.D.C.C. Ch. 51-15, (commonly known as the Consumer Fraud Law); NORTH DAKOTA STEM CELL, INC. doing business as WE MEDICAL SOLUTIONS, (?Respondent?)? is a North Dakota corporation with its principal place of business located at 4207 Bouid?r Ridge Road, Bismarck, North Dakota 53503; 4?.th M. .. A . resides at 13101 Meade Street, Denver, Colorado 8021t~36137 Respondent Dean Jones is an owner and principal of North Dakota Stem Calif; inc. dba WestZNorth Medical Solutions and 1s a resident of Colorado and Respondent Terry L. Guthrniller is an owner and principal of North Dakota Stern Ceil, lnc? dba WestZNorth Medical Solutions and resides at 10714 Lily Drive, Bismarck North Dakota 58503 9754 Respondents at all relevant times hereto operate or have operated a medical 1olinic engaged in among other activities, stem coil injections in patients in the stats of North Dakota. sale stat in N. rela mist Respondents, conducted multipie1 sales presentations at hotel meeting room venues or other location for the purposes of advertising and soliciting the of stem cell injections; Respondents at all relevant times hereto have engaged in the a of North Dakota In the advertising and sale of ?meroh1andise,? as that term is de?ned 0.0.0. 51-15-01; Petitioner, State of North Dakota, all1eges Respondents, at the time of advertising, solicitation, and sales of stem ceii prod1uct or injections, engaged in mistepresentations in vioiation of N.D.C.C. 5145?02, inc1oding the following statements ing to1the stem cell injections, which the State of No1nh Dakota alleges are untrue, eading1, or unsubstantiated: A. ?We can literally regenerate any cell in the body? B. End your pain now C. Miracle of stem cells . Get your life back Dak inve E. Your opportunity to change your liti?e . Stem cells can become any organ?? cell your body may need (3. Stem Cells heal the underlying ca?ise of your problem. They get to the root of it, regenerate it, and :bring NEW LIFE to it! H. You can possibly regenerate every area in your body i. Regenerate cartilage J. Turn back the clock of time . the Respondents deny they engaged in any violations of North ota law and the parties desire to settle this matter without further litigation, stigation, or adjudication. I THEREFORE it is hereby agreed as follows: [?lgliThis Assurance of Voluntary Compliance shall constitute the statutory Assurance of Voluntary Compliance as provided in 51-15-061. Reopondents acknowledge in personam jurisdiction in North Dakota. iNothing in this Assurance of ECompiiance is intended to waive any rights or private remedies available to consumers. Nothing in the Assurance of Compliance is, or may be represented as, an approval or endorsement of Respondents or their business practices, nor a grant of any can af?rnative; rights to Respondents. [?tleespondents their directOrs, officers, priitcipais, employees, agents, rectors, servants, and all other persons in active concert or participation with them, whether directly or indirectly, voluntarily agree to be and fare permanently enjoined from engaging in the advertising'or solicitation of any medica?l services, including stem cell injections?in violation of N.D.C.C. 51-15-02, while acting, using, or employing any deceptive acts or practices, fraud, false pretense, false prorjnise, or misrepresentation, with 3 the thereby. U88 tote ofe fully CFO may Atto pen. Volt intent that others rely thereon in connection with the sale or advertisement of any merchandise, whether or not any person has in fact been insisted, deceived, or damaged [?t?iRespondents voluntarily agree to be and age permanently enjoined from engaging in any stem cell injections in the state of North {fiakota unless the stem cells or stem cell products are compliant with any Food and Drug Administration requirements for or patient injections and are otherwise in compliance with North Dakota law. [?liallRespondents agree that they shall make consumer or patient refunds in the amouitt of $19,733 to the following individuals in the following amounts within 30 days reoution of this Agreement. 1. :Normand 2. :Virginia 3. :Doug 4. Nancy in addition, Respondents agree, within 30 days of execution of this Agreement to refund to consumers/patients all advance payment or deposits for stem cell injections her services that were not provided at the time of this ??greement. if Respondents fail to make all refunds as provided in this paragraph, the Petitioner deplete this Agreement null and void and cancel this Agreement and proceed with legal actiorii for all permissible relief or claims underNorth D?akota law. [111 $1Wlthin 30 days of execution of this agreemerirt, Respondents shall pay the may C?eneral the sum of Four Thousand and Nee/10$ Dollars for civil alties, attorney's fees, investigation costs, and expenses. This Assurance of ntary Compliance is null and void if valid payment is not timely paid as provided . 4 3. to: Cor herein. Respondents? payment shall be in the form of a shock or money order payable Office of Attorney General North Dakota, and ?eiivered to: Parrell D. Grossman, Director Assistant Attorney Generai Consumer Protection Antitrust Division Office of Attorney General Gateway Professional Center: 1050 interstate Ave, Suite 200 Bismarck, ND 585036574 [?iSIRespondents agree they will comply with gthis Assurance of Voluntary aplianoe and further acknowledge and agree any vioiations of this Assurance of Voiantarinompiiance shall be punishable as contempt pf court pursuant to N.D.C.C. ch. 27 10 Further Respondent may be subject to all other civil penalties and sanctions provided by law including attorney 3 fees ASS Respondents are adjudged in contempt of court for violation of this urance of Voluntary Compliance, adjudged in vioiation of this Assurance of Vollilntarinompliance or adjudged in violation of DC C.ch.51~15 Respondents also inve to a OPP und ante Ass shall be responsible for payment to the Attorney General for reasonable stigetion costs expenses and attorney?s fees. I [11181Respondents represent the signers below are pompetent and fully authorized :t withrespect to this matter. Respondents acknowledge they have been provided the artunity to review with an attorney this Assurance of Voluntary Compliance, erstanc?i the implications and obligations imposed by it and have treaty and willingiy: red into this Assurance of Voluntary Compiiance. Riespondent's further agree this .irance; of Voluntary Compiiance may be approved by :and flied with the District Court without any further notice or hearing. Respondents agree to and acknowledge the 5 sufficiency of service by facsimile, end/or first-class mail attheir lest?known address, with respect te any and all actions taken with regard toithis Assurance of Voluntary Complienee. Signatures transmitted electronically or via fa?csimile by Respondent shall be deemed the equivalent of original signatures; this doimzmeht may be executed in counterpe?, with each counterpart deemed an original. . w; ated t?is a) day oprriI,2018. NORTH DAKOTA 375:2): CELL, ENC. DBA MEDICAL SOLUTIONS ,x Byi w? ?g?k (print mam?) Its: Bum? (title) STATE OF af?x k? ss COUNTY OF '5 2 m) Slabs ribed and sworn to befere me this 3 aT'Etciayc?f ?g 18 "w QM Notary Pub?: in? g? vw?rvv ated this Byway oprrii. 2018. DEAN JONES, - (?9/wa My? STATEQF Cf) )6 COUNTY OF R?rfgm? @159 ?rmcoummsm amazes 926m 4, 2921 TERRY L. LLY STATE OF ?on?L >ss COUNTY QF (17? ?3 3? Sui: Sfribe?i and worn to before me this ~31; days: of 2018. i Notzar?irrpuw 5 Datedthisf'Bm day of Argik ,2013. By: This; Assurance of Voiuntary Compliance is hereby and accepted. STATE OF DAKOTA Wayne Stenehjem At Generai?g Parreli D. Grossman State FD No. 04684 Assistant Attorney Generai Director I Consumer Protection Antitrust Division foice of Attorney? Generai Gateway Professional Center 1050 E. interstate Ave, Suite 200 Bismarck, ND 5850343574 Telephone (701) 328-5570 Facsimile (701) 3386568 Attorneys for Petitioner