The Kroger Co. v. The Federal Trade Commission et al
| The Kroger Co. |
| Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, Alvaro Bedoya, THE FEDERAL TRADE COMMISSION and Andrew N. Ferguson |
| State of Louisiana, State of Tennessee, State of Oklahoma, State of Georgia, State of Montana, State of Iowa, State Of Ohio, State of Alabama, State of Nebraska, State of Texas, State of South Carolina and State of West Virginia |
| 1:2024cv00438 |
| August 19, 2024 |
| US District Court for the Southern District of Ohio |
| Douglas R Cole |
| Other Statutory Actions |
| 28 U.S.C. § 1651 Petition for Writ of Coram Nobis |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 11, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 24 MOTION to Adjourn Hearing re Notice of Hearing on Motion, by Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission. (Snyder, Cassandra) |
| Filing 23 NOTICE of Appearance by Joseph R Miller for Plaintiff The Kroger Co. (Miller, Joseph) |
| NOTICE of Hearing on Motions re #3 Plaintiff's MOTION for Preliminary Injunction and #14 Defendants' MOTION to Transfer or, Alternatively, to Stay: Motion Hearing reset for 10/28/24 at 2:00 PM in Courtroom 148 - Columbus before Judge Douglas R. Cole. (sct) |
| Filing 22 NOTICE by Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission re #3 MOTION for Preliminary Injunction , Telephone Conference,,, re Sept. 30, 2024 ALJ Order (Attachments: #1 Exhibit 1 - Sept. 30, 2024 Order of the Administrative Law Judge) (Jerome, Simon) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 9/27/24. Joshua Wesneski and Nathaniel Lampley, Jr. appeared for Plaintiff; Simon Jerome and Christopher Hall appeared for Defendants. The schedule for this Court's hearing on the motion for preliminary injunction was discussed in light of the order from the Federal Trade Commission Administrative Law Judge (ALJ) continuing the recess of the Part 3 administrative hearing. Counsel for the Defendants shall reach out to the ALJ to request a clarification that the hearing will not be set prior to 11/18/24 or thereafter. Defendant's counsel shall advise the Court by no later than close of business on 10/2/24 of the ALJ's response. If the ALJ agrees to the request, the hearing will be moved to 10/28/24. If not, the hearing shall remain as currently scheduled on 10/4/24. (sct) |
| Filing 21 REPLY to Response to Motion re #14 MOTION to Stay re #3 MOTION for Preliminary Injunction , #1 Complaint, MOTION to Change Venue filed by Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission. (Attachments: #1 Exhibit A - Oregon Closing Arg. Tr., #2 Exhibit B - Order Granting Mot. to Recess Admin. Proceeding) (Snyder, Cassandra) |
| Filing 20 BRIEF by Amicus Parties State Of Ohio, State of Alabama, State of Georgia, State of Iowa, State of Louisiana, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of West Virginia. (Gaiser, Thomas) |
| Filing 19 NOTICE by Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission re #3 MOTION for Preliminary Injunction - Notice of Jt. Mot. to Continue Recess in Admin. Proceeding (Attachments: #1 Exhibit A - Jt. Mot. to Continue Recess) (Snyder, Cassandra) |
NOTATION ORDER granting #17 the States of Ohio, Alabama, Georgia, Iowa, Louisiana, Montana, Nebraska, Oklahoma, South Carolina, Tennessee, Texas, and West Virginia's Motion for Leave to FileAmicus Brief. Amici States shall electronically file their amicus brief on the docket of the Court. SO ORDERED. Signed by Judge Douglas R. Cole on 9/24/24. (sct)
|
| Filing 18 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by Plaintiff The Kroger Co.. (Attachments: #1 Exhibit A - Sept. 9, 2024 Statement of Chair Lina M. Khan) (Perry, Mark) |
| Filing 17 MOTION for Leave to File Amicus Brief by Amicus Parties State Of Ohio, State of Alabama, State of Georgia, State of Iowa, State of Louisiana, State of Montana, State of Nebraska, State of Oklahoma, State of South Carolina, State of Tennessee, State of Texas, State of West Virginia. (Attachments: #1 Amicus Brief) (Gaiser, Thomas) |
| Filing 16 RESPONSE in Opposition re #14 MOTION to Stay re #3 MOTION for Preliminary Injunction , #1 Complaint, MOTION to Change Venue filed by Plaintiff The Kroger Co.. (Attachments: #1 Exhibit A - Order Denying Motion for Continuance, #2 Exhibit B - Order on Motion to Recess, #3 Exhibit C - Email from B. Anderson, dated 8.22.2024, #4 Exhibit D - FTC v. Kroger Transcript Excerpt, dated 8.26.2024) (Perry, Mark) |
| Filing 15 RESPONSE in Opposition re #3 MOTION for Preliminary Injunction filed by Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission. (Attachments: #1 Exhibit A - H&R Block Mot. for Inj. Pending Appeal, #2 Exhibit B - H&R Block Order) (Snyder, Cassandra) |
| Filing 14 MOTION to Stay re #3 MOTION for Preliminary Injunction , #1 Complaint, , MOTION to Change Venue ( Responses due by 10/7/2024) by Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission. (Attachments: #1 Exhibit A - FTC's Oregon Complaint, #2 Exhibit B - Kroger's Oregon Answer, #3 Exhibit C - Oregon TRO, #4 Exhibit D - Oregon Mot. for Schedule, #5 Exhibit E - Oregon Discovery Stip., #6 Exhibit F - Oregon Case Management Order, #7 Exhibit G - Albertsons' Oregon Answer, #8 Exhibit H - IQVIA Holdings Mot. to Strike, #9 Exhibit Table) (Snyder, Cassandra) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Telephone Status Conference held on 9/13/24. Joshua Wesneski and Nathaniel Lampley, Jr. appeared for Plaintiff; Cassandra Snyder appeared for Defendants. The parties' joint notice regarding scheduling was discussed. Defendant's counsel advised the Court that she will be filing a motion to transfer or stay. The motion shall be filed by 9/16/24. Response due 9/20/24. Reply due 9/30/24. Hearing on the motion for preliminary injunction and motion to transfer or stay set for 10/4/24 at 1:00 PM in Courtroom 148 - Columbus before Judge Douglas R. Cole. The parties shall notify chambers in the event that the separate administrative proceedings will not occur before the end of October and the Court will continue the hearing on the motions until 10/28/24. (sct) |
| Filing 13 SUMMONS Returned Executed as to Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission. All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Lampley, Nathaniel) |
| Filing 12 NOTICE by Plaintiff The Kroger Co. of Filing Declaration of Service (Amended) (Attachments: #1 Exhibit Lifton Declaration, #2 Exhibit A to Lifton Declaration, #3 Exhibit B to Lifton Declaration, #4 Exhibit C to Lifton Declaration) (Lampley, Nathaniel) |
| Filing 11 NOTICE by Plaintiff The Kroger Co. of Filing Declaration (Attachments: #1 Exhibit Declaration) (Lampley, Nathaniel) |
| Filing 10 NOTICE by Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission re Telephone Conference,,, Set Motion and R&R Deadlines/Hearings,, (Attachments: #1 Exhibit A - Or. Denying Mot. for Continuance, #2 Exhibit B - Or. on Mot. to Recess, #3 Exhibit C - Email from B. Anderson 8.22.2024, #4 Exhibit D - FTC v. Kroger Transcript Excerpt 8.26.2024, #5 Exhibit E - FTC v. Kroger Transcript 8.26.2024) (Snyder, Cassandra) |
| Filing 9 NOTICE of Appearance by Cassandra Snyder for Defendants Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission (Snyder, Cassandra) |
|
NOTATION ORDER granting #8 Motion for Leave to Appear Pro Hac Vice of Bambo Obaro as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Karen L. Litkovitz on 08/27/2024. (bjc)
|
| Filing 8 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10135397) of BAMBO OBARO by Plaintiff The Kroger Co.. (Attachments: #1 Exhibit A, #2 Text of Proposed Order) (Lampley, Nathaniel) |
| Minute Entry for proceedings held before Judge Douglas R. Cole: Informal Preliminary Conference by telephone re #3 Plaintiff's Motion for Preliminary Injunction held on 8/22/24. Joshua Wesneski, Mark Perry, Nathaniel Lampley, Jr., and Tony Matthews (in-house counsel) appeared for Plaintiff; Cassandra Snyder and Chris Hall appeared for Defendants. Plaintiff's motion for preliminary injunction discussed. Response due 9/16/24. Reply due 9/23/24. The parties shall confer regarding potential dates for oral argument and email the agreed dates to chambers. (sct) |
| Filing 7 Summons Issued as to Alvaro Bedoya, Andrew N. Ferguson, Melissa Holyoak, Lina M. Kahn, Rebecca Kelly Slaughter, The Federal Trade Commission. (kh) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kh) |
|
NOTATION ORDER granting #4 Motion for Leave to Appear Pro Hac Vice of Mark A. Perry; granting #5 Motion for Leave to Appear Pro Hac Vice of Daniel M. Lifton; granting #6 Motion for Leave to Appear Pro Hac Vice of Joshua M. Wesneski as Co-Counsels. Co-Counsels are directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Karen L. Litkovitz on 08/20/2024. (bjc)
|
| Filing 6 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10123963) of Joshua M. Wesneski by Plaintiff The Kroger Co.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Lampley, Nathaniel) |
| Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10123893) of Daniel M. Lifton by Plaintiff The Kroger Co.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Lampley, Nathaniel) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-10123889) of Mark A. Perry by Plaintiff The Kroger Co.. (Attachments: #1 Exhibit A - Certificate of Good Standing, #2 Text of Proposed Order) (Lampley, Nathaniel) |
| Filing 3 MOTION for Preliminary Injunction by Plaintiff The Kroger Co.. (Attachments: #1 Affidavit Cosset Declaration) (Lampley, Nathaniel) |
| Filing 2 Corporate Disclosure Statement by Plaintiff The Kroger Co.. (Lampley, Nathaniel) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 405 paid - receipt number: AOHSDC-10121916), filed by The Kroger Co.. (Attachments: #1 Civil Cover Sheet, #2 Summons Form Federal Trade Commission, #3 Summons Form Lina M. Khan, #4 Summons Form Rebecca Kelly Slaughter, #5 Summons Form Alvaro Bedoya, #6 Summons Form Melissa Holyoak, #7 Summons Form Andrew N. Ferguson) (Lampley, Nathaniel) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
