Properties of the Villages, Inc. v. Federal Trade Commission
| Properties of the Villages, Inc. |
| Federal Trade Commission |
| Public Citizen, The American Hotel & Lodging Association, American Investment Council, Jeffrey Lubbers, William Araiza, The International Franchise Association, The National Retail Federation, Futures Industry Association, Florida Employment Lawyers Association (Florida Chapter), Inc., Peter M. Shane, Evan Starr, National Employment Law Project, Securities Industry and Financial Markets Association, Small Business Majority, Associated Builders and Contractors, Inc., The National Federation of Independent Business Small Business Legal Center, Inc., National Association of Wholesaler-Distributors, Managed Funds Association, Independent Electrical Contractors, Consumer Technology Association, United States Council for International Business, The Home Care Association of America and The Restaurant Law Center |
| 5:2024cv00316 |
| June 21, 2024 |
| U.S. District Court for the Middle District of Florida |
| Timothy J Corrigan |
| Philip R Lammens |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0551 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on August 15, 2024. A more recent docket listing may be available from PACER.
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Filing 60
TRANSCRIPT of Motion Hearing held on August 14, 2024 before Judge Timothy J. Corrigan. Court Reporter/Transcriber: Shannon M. Bishop, RDR, CRR, CRC. Email address: dsmabishop@yahoo.com. Telephone number: (904)549-1307. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/5/2024. Redacted Transcript Deadline set for 9/16/2024. Release of Transcript Restriction set for 11/13/2024. (SB)
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Filing 59
PRELIMINARY INJUNCTION: Order granting #25 Motion for Stay of Effective Date and Preliminary Injunction. Order and transcript excerpt of Court's findings attached. Signed by Judge Timothy J. Corrigan on 8/15/2024. (SRW)
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Filing 58
Minute Entry. In Person Proceedings held before Judge Timothy J. Corrigan: MOTION HEARING held on 8/14/2024 re #25 MOTION for Preliminary Injunction MOTION to Stay the Rule's Effective Date filed by Properties of the Villages, Inc. Court Reporter: Shannon Bishop (TPL)
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Filing 57
REPLY Brief in Support of #25 MOTION for Preliminary Injunction MOTION to Stay the Rule's Effective Date filed by Properties of the Villages, Inc. (Attachments: #1 Declaration of Brian D. Hudson)(Grigsby, Stacey) Modified on 8/12/2024 to edit text (ELM).
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Filing 56
ENDORSED ORDER granting #55 Unopposed Motion for Leave to File Amicus Brief (the brief attached to the motion is now deemed part of the record). Signed by Judge Timothy J. Corrigan on 8/6/2024.(SRW)
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Filing 55
Unopposed MOTION for Leave to File Amicus Brief by The National Retail Federation, Associated Builders and Contractors, Inc., The International Franchise Association, The American Hotel & Lodging Association, National Association of Wholesaler-Distributors, The National Federation of Independent Business Small Business Legal Center, Inc., Independent Electrical Contractors, Consumer Technology Association, United States Council for International Business, The Home Care Association of America, The Restaurant Law Center. (Attachments: #1 Memorandum of Law, #2 Exhibit A - Descriptions of Amici Curiae)(Hearn, Robert)
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Filing 54
ENDORSED ORDER granting #53 Motion to Withdraw as Attorney. Attorney Jonathan Samuel Klein terminated. Signed by Magistrate Judge Philip R. Lammens on 8/2/2024. (EE)
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Filing 53
Unopposed MOTION for Jonathan S. Klein to Withdraw as Attorney by American Investment Council, Futures Industry Association, Managed Funds Association, Securities Industry and Financial Markets Association. (Saharsky, Nicole) Motions referred to Magistrate Judge Philip R. Lammens.
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***PRO HAC VICE FEES PAID (Receipt Number OCA-13600 for $150) by attorney Robin Thurston, appearing on behalf of. Related document: #43 MOTION for Robin F. Thurston to appear pro hac vice. (MGB)
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***PRO HAC VICE FEES PAID (Receipt Number OCA-13600 for $150) by attorney Mark Samburg, appearing on behalf of. Related document: #42 MOTION for Mark B. Samburg to appear pro hac vice. (MGB)
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Filing 52
ENDORSED ORDER granting #51 Unopposed Motion for Leave to File Amicus Brief (the brief attached to the motion is now deemed part of the record). Signed by Judge Timothy J. Corrigan on 8/1/2024. (SRW)
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Filing 51
MOTION for Leave to File Amicus Brief by William Araiza, Jeffrey Lubbers, Peter M. Shane.(e-portal) (Attachments: #1 Proposed Amicus Brief)(RLK)
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Filing 50
RESPONSE in Opposition re #25 MOTION for Preliminary Injunction, MOTION to Stay the Rule's Effective Date filed by Federal Trade Commission. (Goodnature, Taisa)
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Filing 49
ORDER granting #26 Request for Oral Argument: HEARING SET on Plaintiff's Motion for Stay of Effective Date and Preliminary Injunction #25 on 8/14/2024 at 2:00 p.m., Courtroom 10D, United States Courthouse, Jacksonville, Florida; granting #41 Defendant's Motion for Leave to Re-file Response, refiled response (limited to 39 pages) to be filed no later than 8/1/2024, plaintiff may file a reply (limited to 10 pages) no later than 8/9/2024; granting #40, #44, #48 motions by amici curaie for leave to file amicus briefs (briefs attached to motions now deemed part of record); no responses to amicus briefs permitted; any further motions for leave to file amicus briefs to be filed no later than 8/5/2024. Signed by Judge Timothy J. Corrigan on 7/30/2024. (SRW) Modified on 7/30/2024 (SRW).
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Filing 48
Unopposed MOTION for Leave to File Amicus Brief by National Employment Law Project, Public Citizen. (Attachments: #1 Exhibit Public Citizen and NELP Amicus Brief)(Gowdy, Bryan)
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Filing 47
ORDER granting #45 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 7/30/2024. (EE)
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Filing 46
ORDER granting #42 Motion to Appear Pro Hac Vice; granting #43 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 7/30/2024. (EE)
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Filing 45
Unopposed MOTION for Wendy Liu to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22351110 for $150 by Public Citizen, National Employment Law Project. (Gowdy, Bryan) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 44
Consent MOTION for Leave to File Amicus Brief by Florida Employment Lawyers Association (Florida Chapter), Inc.. (Attachments: #1 Exhibit Amicus Curiae Brief)(Barack, Ryan)
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Filing 43
MOTION for Robin F. Thurston to appear pro hac vice. (e-portal) (RLK) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 42
MOTION for Mark B. Samburg to appear pro hac vice.(e-portal) (RLK) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 41
Unopposed MOTION for Miscellaneous Relief, specifically Leave to Re-File Defendant's Memorandum in Opposition to Plaintiff's Motion Conforming to Local Rules and In Excess of Page Limit by All Defendants. (Westmoreland, Rachael)
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Filing 40
Unopposed MOTION for Leave to File Amicus Brief by Evan Starr, Small Business Majority. (Attachments: #1 Exhibit Proposed Amicus Brief, #2 Text of Proposed Order Proposed Order Granting Leave to File)(Friedman, Todd)
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Filing 39
RESPONSE in Opposition re #25 MOTION for Preliminary Injunction MOTION to Stay the Rule's Effective Date filed by Federal Trade Commission. (Goodnature, Taisa)
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Filing 38
MEMORANDUM in support re #25 Motion for Preliminary Injunction Motion to Stay (Amicus Brief) filed by American Investment Council, Futures Industry Association, Managed Funds Association, Securities Industry and Financial Markets Association. (Klein, Jonathan)
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Filing 37
ENDORSED ORDER granting #36 Unopposed Motion of the Securities Industry and Financial Markets Association, the Futures Industry Association, the Managed Funds Association, and the American Investment Council for Leave to File a Brief as Amici Curiae in Support of Plaintiff's Motion for Stay of Effective Date and Preliminary Injunction. Amicus Brief shall be filed no later than 7/26/24. If the FTC wishes to file a responsive brief to the amicus brief, it may do so no later than 8/9/24. Signed by Judge Timothy J. Corrigan on 7/24/2024. (DDW)
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Filing 36
Unopposed MOTION for Leave to File Amicus Brief by American Investment Council, Futures Industry Association, Managed Funds Association, Securities Industry and Financial Markets Association. (Attachments: #1 Proposed Amicus Brief, #2 Text of Proposed Order)(Klein, Jonathan)
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Filing 35
ORDER granting #34 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 7/18/2024. (EE)
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***PRO HAC VICE FEES PAID (Receipt Number OCA-13588 for $150) by attorney Nicole A. Saharsky, appearing on behalf of American Investment Council, Futures Industry Association, Managed Funds Association, Securities Industry and Financial Markets Association. (LAB)
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Filing 34
MOTION for Nicole A. Saharsky to appear pro hac vice by American Investment Council, Futures Industry Association, Managed Funds Association and Securities Industry and Financial Markets Association. (LMF) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 33
NOTICE of Lead Counsel Designation by Stacey K. Grigsby on behalf of Properties of the Villages, Inc. Lead Counsel: Stacey K. Grigsby. (Grigsby, Stacey) Modified text on 7/12/2024 (KME).
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Filing 32
ENDORSED ORDER granting Defendant's Time-Sensitive Unopposed Motion for Extension of Time to Respond to Plaintiff's Motion for Stay of Effective Date and Preliminary Injunction [Doc. 31]. Defendant's response is due 7/25/24. Signed by Judge Timothy J. Corrigan on 7/9/2024. (DDW)
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Filing 31
Time Sensitive MOTION for Extension of Time to File Response/Reply as to #25 MOTION for Preliminary Injunction MOTION to Stay the Rule's Effective Date UNOPPOSED by All Defendants. (Westmoreland, Rachael) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 30
NOTICE of Appearance by Rachael Westmoreland on behalf of Federal Trade Commission (Westmoreland, Rachael)
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Filing 29
NOTICE of supplemental authority (Ryan LLC v. FTC) by Properties of the Villages, Inc. (Zehmer, Lauren )
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Filing 28
NOTICE of Appearance by Arjun Mody on behalf of Federal Trade Commission (Mody, Arjun)
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Filing 27
RETURN of service executed on July 3, 2024 by Properties of the Villages, Inc. as to Federal Trade Commission. (Attachments: #1 Certified Mail Receipt, #2 Proof of Delivery)(Nachmany, Eli)
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Filing 26
REQUEST for oral argument re #25 MOTION for Preliminary Injunction MOTION to Stay the Rule's Effective Date by Properties of the Villages, Inc. (Grigsby, Stacey) Modified docket text on 7/3/2024 (JOS).
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Filing 25
MOTION for Preliminary Injunction , MOTION to Stay the Rule's Effective Date by Properties of the Villages, Inc. (Attachments: #1 Exhibit 1 - Declaration of Jennifer Parr, #2 Text of Proposed Order)(Grigsby, Stacey) Modified docket text on 7/3/2024 (JOS).
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Filing 24
AFFIDAVIT of Service on Federal Trade Commission (U.S. Attorney General) re: #8 Summons issued as to USA by Properties of the Villages, Inc. (Attachments: #1 Certified Mail Receipt, #2 Proof of Delivery)(Nachmany, Eli) Modified docket text on 7/3/2024 (JOS).
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Filing 23
ENDORSED ORDER granting #20 Plaintiff's Unopposed Motion to Exceed Page Limit for Briefing on its Motion for a Preliminary Injunction. Plaintiff and Defendant may both file briefs up to 30 pages, exclusive of signature block and certificate of service. Signed by Judge Timothy J. Corrigan on 7/2/2024. (DDW)
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Filing 22
ORDER granting #16 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 7/2/2024. (EE)
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Filing 21
AFFIDAVIT of Service on Federal Trade Commission re: #8 Summons issued as to USA by Properties of the Villages, Inc.. (Muldowney, Patrick) Modified on 7/2/20204 to edit the docket text (RPB).
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Filing 20
Unopposed MOTION to File Excess Pages for Briefing Plaintiff's Motion for a Preliminary Injunction (Corrected as to Pagination per Local Rule 3.01(a)) by Properties of the Villages, Inc.. (Muldowney, Patrick)
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Filing 19
Case Reassigned to Judge Timothy J. Corrigan. New case number: 5:24-cv-316-TJC-PRL. Judge James S. Moody, Jr no longer assigned to the case. (LMF)
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Filing 18
ORDER: Pursuant to this Court's Standing Order Regarding Assignment of Cases filed in Case No.: 5:18-mc-10-JSM, the Clerk of the Court is instructed to reassign this case to another District Judge under the blind filing system established pursuant to the rules of this Court. Signed by Judge James S. Moody, Jr. on 6/27/2024. (SMB)
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Filing 17
Unopposed MOTION to File Excess Pages / Exceed Page Limit for Briefing on its Motion for Preliminary Injunction by Properties of the Villages, Inc.. (Muldowney, Patrick)
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Filing 16
Unopposed MOTION for Lauren Willard Zehmer to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22244217 for $150 by Properties of the Villages, Inc.. (Muldowney, Patrick) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 15
ORDER granting #11 Motion to Appear Pro Hac Vice; granting #12 Motion to Appear Pro Hac Vice; granting #13 Motion to Appear Pro Hac Vice; granting #14 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Philip R. Lammens on 6/27/2024. (EE)
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Filing 14
Unopposed MOTION for Stacey K. Grigsby to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22234670 for $150 by Properties of the Villages, Inc. (Muldowney, Patrick) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 13
Unopposed MOTION for Matthew J. Glover to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22234666 for $150 by Properties of the Villages, Inc. (Muldowney, Patrick) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 12
Unopposed MOTION for Emily A. Vernon to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22234644 for $150 by Properties of the Villages, Inc. (Muldowney, Patrick) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 11
Unopposed MOTION for Eli Nachmany to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22234621 for $150 by Properties of the Villages, Inc. (Muldowney, Patrick) Motions referred to Magistrate Judge Philip R. Lammens.
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Filing 10
NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (KAC)
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Filing 9
NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (KAC)
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Filing 8
SUMMONS issued as to Federal Trade Commission. (EVK)
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Filing 7
NOTICE of Lead Counsel Designation by Patrick M. Muldowney on behalf of Properties of the Villages, Inc.. Lead Counsel: Patrick M. Muldowney. (Muldowney, Patrick)
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Filing 6
NOTICE of Local Rule 2.02(a) to ALL COUNSEL, which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ARL)
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Filing 5
NOTICE TO COUNSEL Eli Nachmany, Emily Vernon, Lauren Zehmer, Matthew Glover, and Stacey Grigsby Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ARL)
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Filing 4
NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:24-cv-316-JSM-PRL. (ARL)
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Filing 3
NOTICE of a related action per Local Rule 1.07(c) by Properties of the Villages, Inc. Related case(s): Yes (Muldowney, Patrick) Modified docket text on 6/24/2024 (SET).
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Filing 2
CORPORATE Disclosure Statement by Properties of the Villages, Inc. identifying Corporate Parent The Villages of Lake-Sumter, Inc., Corporate Parent Holding Company of the Villages, Inc. for Properties of the Villages, Inc. (Muldowney, Patrick) Modified docket text on 6/24/2024 (SET).
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Filing 1
COMPLAINT against Federal Trade Commission (Filing fee $405 receipt number AFLMDC-22223837) filed by Properties of the Villages, Inc. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(Muldowney, Patrick) Modified to edit docket text on 6/25/2024 (EVK).
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