Federal Trade Commission v. Neora LLC et al
| Federal Trade Commission |
| Neora LLC, Jeffrey Olson, Signum Nutralogix, Nerium International LLC and Signum Biosciences Inc |
| Aana Camp, Jennifer Givens and Daniel Jensen |
| Direct Selling Association |
| 3:2020cv01979 |
| July 27, 2020 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Barbara M G Lynn |
| Other Statutes: Other Statutory Actions |
| 15 U.S.C. § 0053 Federal Trade Commission Act |
| None |
Docket Report
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This docket was last retrieved on October 30, 2023. A more recent docket listing may be available from PACER.
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Filing 353
Costs Taxed in amount of $ $24,052.25 against Federal Trade Commission. (oyh)
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Filing 352
ORDER granting #351 Motion to review taxation of costs by Clerk of Court. The costs taxed by the Clerk of the Court shall be reduced by $11,494.91, and the Court hereby assesses costs in favor of Defendants Neora, LLC and Jeffrey Olson and against the FTC in the sum of $24,052.25. (Ordered by Senior Judge Barbara M. G. Lynn on 10/24/2023) (oyh)
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Filing 351
MOTION to review taxation of costs by Clerk of Court, Unopposed re #350 Costs Taxed filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sifuentes, Rachel)
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Filing 350
Costs Taxed in amount of $ $35,547.16 against Federal Trade Commission. (oyh)
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Filing 349
BILL OF COSTS by Neora LLC, Jeffrey Olson. (Attachments: #1 Affidavit(s)) (Florence, Craig)
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Filing 348
JUDGMENT: It is ORDERED that Plaintiff Federal Trade Commission take nothing on its claims against Defendants. All costs of court are taxed against Plaintiff. Pursuant to LR 79.2 and LCrR 55.2, exhibits may be claimed during the 60-day period following final disposition (to do so, follow the procedures found at #Exhibit Guide). The clerk will discard exhibits that remain unclaimed after the 60-day period without additional notice. (Clerk to notice any party not electronically noticed.) (Ordered by Senior Judge Barbara M. G. Lynn on 9/28/2023) (twd)
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Filing 347
FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Court ORDERS that all of Plaintiff Federal Trade Commission's requests for relief in this case, including its request for injunctive relief, are DENIED. Judgment for Defendants Neora LLC and Jeffrey Olson is GRANTED. (Ordered by Senior Judge Barbara M. G. Lynn on 9/28/2023) (twd)
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Filing 346
ORDER granting in part and denying in part #328 Motion for Protective Order. (Ordered by Senior Judge Barbara M. G. Lynn on 9/27/2023) (sxf)
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Filing 345
ELECTRONIC ORDER granting #344 Unopposed Motion to Withdraw as Attorney. Attorneys Samantha Denny and Guy G. Ward are hereby terminated as counsel of record for Plaintiff Federal Trade Commission in this case. (Ordered by Senior Judge Barbara M. G. Lynn on 9/25/2023) (chmb)
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Filing 344
Unopposed MOTION to Withdraw as Attorney for Guy G. Ward and Samantha Colleen Denny filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sifuentes, Rachel)
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Filing 343
RESPONSE AND OBJECTION filed by Federal Trade Commission re: #341 MOTION for Leave to File Amicus Brief (Bohl, Lisa)
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Filing 342
Brief/Memorandum in Support filed by Direct Selling Association re #341 MOTION for Leave to File Amicus Brief (Johnson, Anne)
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Filing 341
MOTION for Leave to File Amicus Brief filed by Direct Selling Association with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s), #2 Proposed Order) (Johnson, Anne)
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Filing 340
Unopposed MOTION for Leave to File Response to Plaintiff's Notice of Supplemental Authority filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 1) (Florence, Craig)
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Filing 339
NOTICE of Supplemental Authority filed by Federal Trade Commission (Attachments: #1 FTC v. Noland Final Order (Dkt. 579)) (Roller, Katharine)
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Filing 338
ELECTRONIC ORDER granting #175 Plaintiff Federal Trade Commissions Unopposed Motion for Leave to File Documents Under Seal. (Ordered by Judge Barbara M. G. Lynn on 3/6/2023) (chmb)
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Filing 337
REPLY filed by Neora LLC re: #333 MOTION for Extension of Time to File Response/Reply to #330 Response/Objection, #328 MOTION for Protective Order Requiring Redaction of Certain Information in Trial Transcripts (Attachments: #1 Exhibit(s) Declaration of Deborah Heisz) (Florence, Craig)
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Filing 336
Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Irma Carrillo Ramirez assigned for matters that may be referred in this case. (cea)
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Filing 335
ORDER granting #333 Motion to Extend Time to File Response/Reply. Replies due by 12/9/2022. (Ordered by Judge Barbara M. G. Lynn on 12/1/2022) (ndt)
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Filing 334
RESPONSE filed by Federal Trade Commission re: #333 MOTION for Extension of Time to File Response/Reply to #330 Response/Objection, #328 MOTION for Protective Order Requiring Redaction of Certain Information in Trial Transcripts (Attachments: #1 Exhibit(s) A) (Roller, Katharine)
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Filing 333
MOTION for Extension of Time to File Response/Reply to #330 Response/Objection, #328 MOTION for Protective Order Requiring Redaction of Certain Information in Trial Transcripts filed by Neora LLC (Attachments: #1 Exhibit(s), #2 Exhibit(s)) (Florence, Craig)
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Filing 332
(Document Restricted) Defendants' Post-Trial Brief (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 331
TRIAL BRIEF POST-TRIAL BRIEF by Federal Trade Commission. (Attachments: #1 Proposed Order) (Sifuentes, Rachel)
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Filing 330
RESPONSE filed by Federal Trade Commission re: #328 MOTION for Protective Order Requiring Redaction of Certain Information in Trial Transcripts (Roller, Katharine)
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Filing 329
(Document Restricted) Sealed Appendix in Support re: #328 Motion for Protective Order (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC (Florence, Craig)
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Filing 328
MOTION for Protective Order Requiring Redaction of Certain Information in Trial Transcripts filed by Neora LLC with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Florence, Craig)
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Filing 327
Exhibit List Omnibus Admitted Trial Exhibit List by Federal Trade Commission. (Denny, Samantha)
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Filing 326
Joint STIPULATION Regarding Deadline for Post-Trial Briefs by Federal Trade Commission. (Bohl, Lisa)
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Filing 325
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 25, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (67 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 324
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 24, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Todd Anderson, Telephone number (214) 753-2170. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (99 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 323
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 24, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (134 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 322
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 21, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Todd Anderson, Telephone number (214) 753-2170. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (84 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 321
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 21, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (180 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 320
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 20, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Todd Anderson, Telephone number (214) 753-2170. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (159 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 319
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 20, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (125 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 318
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 19, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Todd Anderson, Telephone number (214) 753-2170. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (148 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 317
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 19, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (123 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 316
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 18, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (139 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 315
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 17, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (122 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak) (Main Document 315 replaced per Court Reporter on 10/26/2022) (ali).
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Filing 314
Notice of Filing of Official Electronic Transcript of Bench Trial Proceedings held on October 17, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Todd Anderson, Telephone number (214) 753-2170. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (108 pages) Redaction Request due 11/16/2022. Redacted Transcript Deadline set for 11/28/2022. Release of Transcript Restriction set for 1/24/2023. (dak)
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Filing 313
ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Day #7 of Bench Trial held on 10/25/2022. The parties presented closing arguments. Attorney Appearances - Plaintiff: Katharine Roller, Lisa Bohl, Samantha Denney, Guy Ward. Defendants: Craig Florence, Michelle Ku, Ed Burbach, Rob Johnson, Stephanie McPhail. (Court Reporter: Deborah Kriegshauser). Time in Court: 2:00. (chmb)
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Filing 311
Designation of Deposition by Neora LLC, Jeffrey Olson. (Florence, Craig)
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Filing 310
Designation of Deposition by Neora LLC, Jeffrey Olson. (Florence, Craig)
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Filing 309
Designation of Deposition by Neora LLC, Jeffrey Olson. (Florence, Craig)
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Filing 312
ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Day #6 of Bench Trial held on 10/24/2022. Defendants continued presentation of their case in chief and rested. Plaintiff presented its rebuttal case and rested. Court adjourned until Tuesday, 10/25/2022, at 9:00 a.m. Attorney Appearances - Plaintiff: Katharine Roller, Lisa Bohl, Samantha Denney, Guy Ward. Defendants: Craig Florence, Michelle Ku, Ed Burbach, Rob Johnson, Stephanie McPhail. (Court Reporter: Deborah Kriegshauser). Time in Court: 5:55. (chmb)
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Filing 308
ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Day #5 of Bench Trial. Defendants continued presentation of their case in chief. Court adjourned until Monday, 10/24/2022, at 8:15 a.m. Attorney Appearances - Plaintiff: Katharine Roller, Lisa Bohl, Samantha Denney, Guy Ward. Defendants: Craig Florence, Michelle Ku, Ed Burbach, Rob Johnson, Stephanie McPhail. (Court Reporter: Deborah Kriegshauser). Time in Court: 7:20. (chmb)
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Filing 306
Designation of Deposition by Federal Trade Commission. (Ward, Guy)
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Filing 307
ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Day #4 of Bench Trial. Plaintiff continued presentation of its case in chief and rested. Defendants moved for directed verdict. The Court denied Defendants' Motion. Defendants began presentation of their case in chief. Court adjourned until Friday, 10/21/2022, at 8:30 a.m. Attorney Appearances - Plaintiff: Katharine Roller, Lisa Bohl, Samantha Denney, Guy Ward. Defendants: Craig Florence, Michelle Ku, Ed Burbach, Rob Johnson, Stephanie McPhail. (Court Reporter: Deborah Kriegshauser). Time in Court: 7:10. (chmb)
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Filing 305
Designation of Deposition by Federal Trade Commission. (Ward, Guy)
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Filing 304
ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Day #3 of Bench Trial. Plaintiff continued presentation of its case in chief. Court adjourned until Thursday, 10/20/2022, at 8:30 a.m. Attorney Appearances - Plaintiff: Katharine Roller, Lisa Bohl, Samantha Denney, Guy Ward. Defendants: Craig Florence, Michelle Ku, Ed Burbach, Rob Johnson, Stephanie McPhail. (Court Reporter: Deborah Kriegshauser). Time in Court: 6:15. (chmb)
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Filing 303
Designation of Deposition by Federal Trade Commission. (Ward, Guy)
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Filing 302
Designation of Deposition by Federal Trade Commission. (Roller, Katharine)
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Filing 301
Exhibit List Joint Stipulation of Trial Exhibits to be Admitted by Federal Trade Commission. (Denny, Samantha)
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Filing 300
ELECTRONIC Minute Entry for proceedings held before Judge Barbara M. G. Lynn: Day #2 of Bench Trial. Plaintiff continued presentation of its case in chief. Court adjourned until Wednesday, 10/19/2022, at 9:00 a.m. Attorney Appearances - Plaintiff: Katharine Roller, Lisa Bohl, Samantha Denney, Guy Ward. Defendants: Craig Florence, Michelle Ku, Ed Burbach, Rob Johnson, Stephanie McPhail. (Court Reporter: Deborah Kriegshauser). Time in Court: 3:40. (chmb)
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Filing 299
ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: Day #1 of Bench Trial. The parties made opening statements. Plaintiff began presentation of its case in chief. Court adjourned until Tuesday, 10/18/2022, at 8:30 a.m. Attorney Appearances - Plaintiff: Katharine Roller, Lisa Bohl, Samantha Denney, Guy Ward. Defendants: Craig Florence, Michelle Ku, Ed Burbach, Rob Johnson, Stephanie McPhail. (Court Reporters: Todd Anderson, Deborah Kriegshauser). Time in Court: 5:26. (chmb)
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Filing 298
Designation of Deposition by Neora LLC, Jeffrey Olson. (Florence, Craig)
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Filing 297
JOINT PRETRIAL ORDER. (Ordered by District Judge Barbara M. G. Lynn on 10/17/2022) (ndt)
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Filing 296
(Document Restricted) Sealed Response re: #283 Motion in Limine (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2) (Florence, Craig)
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Filing 295
Exhibit List Omnibus Joint by Federal Trade Commission. (Denny, Samantha)
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Filing 294
Exhibit List (Third Amended) by Neora LLC, Jeffrey Olson. (Florence, Craig)
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Filing 293
RESPONSE filed by Neora LLC, Jeffrey Olson re: #285 MOTION in Limine to Admit Statements by Brand Partners and Others (Florence, Craig)
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Filing 292
RESPONSE AND OBJECTION filed by Neora LLC, Jeffrey Olson re: #284 MOTION in Limine to Exclude LRW Survey Evidence (Florence, Craig)
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Filing 291
Exhibit List (Defendants' Second Amended Trial Exhibit List) by Neora LLC, Jeffrey Olson. (Florence, Craig)
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Filing 290
Exhibit List Amended by Federal Trade Commission. (Denny, Samantha)
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Filing 289
(Document Restricted) Sealed Amended Designation of Depositions (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) Highlighted Transcript: Puya Ghandian, #2 Exhibit(s) Highlighted Transcript: Sandra Davis, #3 Exhibit(s) Highlighted Transcript: Deborah Heisz, #4 Exhibit(s) Highlighted Transcript: Jeffrey Olson, #5 Exhibit(s) Highlighted Transcript: Amber Olson Rourke, #6 Exhibit(s) Highlighted Transcript: Neora, LLC) (Sifuentes, Rachel)
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Filing 288
NOTICE of Attorney Appearance by Stephanie Lee McPhail on behalf of Neora LLC, Jeffrey Olson. (Filer confirms contact info in ECF is current.) (McPhail, Stephanie)
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Filing 287
NOTICE of Attorney Appearance by Michael E Tankersley on behalf of Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Tankersley, Michael)
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Filing 286
Exhibit List (Amended Trial Exhibit List) by Neora LLC, Jeffrey Olson. (Ku, Michelle)
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Filing 285
MOTION in Limine to Admit Statements by Brand Partners and Others filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 284
MOTION in Limine to Exclude LRW Survey Evidence filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 283
MOTION in Limine to Admit Evidence of Consumer Surveys and Complaints filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 281
Notice of Filing of Official Electronic Transcript of Motion for Summary Judgment Proceedings held on September 28, 2022 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (87 pages) Redaction Request due 10/24/2022. Redacted Transcript Deadline set for 11/1/2022. Release of Transcript Restriction set for 12/30/2022. (dak)
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Filing 280
Notice of Receipt of Manual Filing of 1 disc containing exhibits by Federal Trade Commission. (Filed Under Separate Cover, see records clerk.) (ygl)
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Filing 279
ORDER denying #143 , #154 Motions for Summary Judgment; denying as moot #201 Motion for Leave to File Substitute Exhibit and Corrected Brief; denying #176 , #177 Motions to Exclude; denying as moot #194 Motion to Strike. (Ordered by District Judge Barbara M. G. Lynn on 9/29/2022) (axm)
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Filing 282
ELECTRONIC Minute Entry for proceedings held before Judge Barbara M.G. Lynn: The Court held a summary judgment hearing. Attorney Appearances - Plaintiff: Katharine Roller, Guy Ward. Defendants: Craig Florence, Michelle Ku, Ed Burbach, Rob Johnson. (Court Reporter: Deborah Kriegshauser). Time in Court: 2:20. (chmb)
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Filing 278
Exhibit List Objections re: FTC's Exhibit List (Dkt. 266) by Neora LLC, Jeffrey Olson. (Attachments: #1 Exhibit(s) Plaintiff's Proposed Exhibit No. 11, #2 Exhibit(s) Plaintiff's Proposed Exhibit No. 163, #3 Exhibit(s) Plaintiff's Proposed Exhibit No. 166, #4 Exhibit(s) Plaintiff's Proposed Exhibit No. 168, #5 Exhibit(s) Plaintiff's Proposed Exhibit No. 172, #6 Exhibit(s) Plaintiff's Proposed Exhibit No. 173, #7 Exhibit(s) Plaintiff's Proposed Exhibit No. 174, #8 Exhibit(s) Plaintiff's Proposed Exhibit No. 177, #9 Exhibit(s) Plaintiff's Proposed Exhibit No. 502, #10 Exhibit(s) Plaintiff's Proposed Exhibit No. 628, #11 Exhibit(s) Plaintiff's Proposed Exhibit No. 667, #12 Exhibit(s) Plaintiff's Proposed Exhibit No. 672, #13 Exhibit(s) Plaintiff's Proposed Exhibit No. 674, #14 Exhibit(s) Plaintiff's Proposed Exhibit No. 679, #15 Exhibit(s) Plaintiff's Proposed Exhibit No. 683, #16 Exhibit(s) Plaintiff's Proposed Exhibit No. 685, #17 Exhibit(s) Plaintiff's Proposed Exhibit No. 701, #18 Exhibit(s) Plaintiff's Proposed Exhibit No. 702, #19 Exhibit(s) Plaintiff's Proposed Exhibit No. 703, #20 Exhibit(s) Plaintiff's Proposed Exhibit No. 707, #21 Exhibit(s) Plaintiff's Proposed Exhibit No. 709, #22 Exhibit(s) Plaintiff's Proposed Exhibit No. 710, #23 Exhibit(s) Plaintiff's Proposed Exhibit No. 757, #24 Exhibit(s) Plaintiff's Proposed Exhibit No. 868, #25 Exhibit(s) Plaintiff's Proposed Exhibit No. 884, #26 Exhibit(s) Plaintiff's Proposed Exhibit No. 885, #27 Exhibit(s) Plaintiff's Proposed Exhibit No. 887, #28 Exhibit(s) Plaintiff's Proposed Exhibit No. 888, #29 Exhibit(s) Plaintiff's Proposed Exhibit No. 893, #30 Exhibit(s) Plaintiff's Proposed Exhibit No. 894, #31 Exhibit(s) Plaintiff's Proposed Exhibit No. 895, #32 Exhibit(s) Plaintiff's Proposed Exhibit No. 896, #33 Exhibit(s) Plaintiff's Proposed Exhibit No. 897, #34 Exhibit(s) Plaintiff's Proposed Exhibit No. 901, #35 Exhibit(s) Plaintiff's Proposed Exhibit No. 902, #36 Exhibit(s) Plaintiff's Proposed Exhibit No. 904, #37 Exhibit(s) Plaintiff's Proposed Exhibit No. 906, #38 Exhibit(s) Plaintiff's Proposed Exhibit No. 913, #39 Exhibit(s) Plaintiff's Proposed Exhibit No. 914, #40 Exhibit(s) Plaintiff's Proposed Exhibit No. 915) (Florence, Craig) Modified document restriction at atty request per protective order #46 on 9/27/2022 (ali).
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Filing 277
Notice of Manual Filing of Exhibits by Federal Trade Commission re #276 Response/Objection to Defendants' Exhibit List (Roller, Katharine)
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Filing 276
OBJECTION filed by Federal Trade Commission re: #271 Exhibit List (Roller, Katharine)
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Filing 275
(Document Restricted) Sealed Objection re: #270 Designation of Deposition (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Aana Camp Transcript, #2 Puya Ghandian Transcript, #3 Eduardo Perez Transcript) (Roller, Katharine)
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Filing 274
OBJECTION filed by Neora LLC, Jeffrey Olson re: #264 Sealed and/or Ex Parte Document, (Attachments: #1 Exhibit(s) Depo Designation - Sandra Davis, #2 Exhibit(s) Depo Designation - Deborah Heisz, #3 Exhibit(s) Depo Designation - Jeff Olson, #4 Exhibit(s) Depo Designation - Amber Rourke, #5 Exhibit(s) Depo Designation - Neora Corp Rep) (Florence, Craig) Modified document restriction at atty request per protective order #46 on 9/27/2022 (ali).
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Filing 273
OBJECTION filed by Neora LLC, Jeffrey Olson re: #265 Witness List (Florence, Craig)
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Filing 272
(Document Restricted) Sealed Reply re: #236 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Sifuentes, Rachel)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:261. Tue Sep 20 16:40:51 CDT 2022 (crt)
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Filing 271
Exhibit List of Defendants by Neora LLC, Jeffrey Olson. (Ku, Michelle)
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Filing 270
Designation of Deposition by Neora LLC, Jeffrey Olson. (Ku, Michelle)
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Filing 269
Witness List by Neora LLC, Jeffrey Olson. (Ku, Michelle)
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Filing 268
(Document Restricted) Defendants' Proposed Findings of Fact and Conclusions of Law (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Ku, Michelle)
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Filing 267
(Document Restricted) Proposed Findings of Fact and Conclusions of Law (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Attachment A, #2 Attachment B) (Roller, Katharine)
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Filing 266
Exhibit List by Federal Trade Commission. (Roller, Katharine)
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Filing 265
Witness List by Federal Trade Commission. (Roller, Katharine)
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Filing 264
(Document Restricted) Designation of Depositions (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) Highlighted Transcript: Sandra Davis, #2 Exhibit(s) Highlighted Transcript: Deborah Heisz, #3 Exhibit(s) Highlighted Transcript: Jeffrey Olson, #4 Exhibit(s) Highlighted Transcript: Amber Olson Rourke, #5 Exhibit(s) Highlighted Transcript: Neora, LLC) (Roller, Katharine)
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Filing 263
Proposed Pretrial Order by Federal Trade Commission. (Roller, Katharine)
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Filing 262
(Document Restricted) Sealed Response re: #236 Sealed and/or Ex Parte Motion (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Ku, Michelle)
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Filing 261
ORDER granting #142 , #196 , #235 , #238 , #244 , #246 , #248 Motions for Leave to File. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by District Judge Barbara M. G. Lynn on 9/16/2022) (axm)
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Filing 260
BRIEF OF AMICUS CURIAE filed by Direct Selling Association. (axm)
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Filing 259
ORDER granting #254 Motion for Leave to File Brief of Amicus Curiae. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by District Judge Barbara M. G. Lynn on 9/16/2022) (axm)
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Filing 258
(Document Restricted) Sealed Reply re: #203 Defendants' Objections to the Federal Trade Commission's Summary Judgment Evidence (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Ku, Michelle)
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Filing 257
(Document Restricted) Sealed Reply re: #194 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Ku, Michelle)
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Filing 256
(Document Restricted) Sealed Reply re: #201 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Roller, Katharine)
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Filing 255
Brief/Memorandum in Support filed by Direct Selling Association re #254 MOTION for Leave to File Brief of Amicus Curiae (Johnson, Anne)
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Filing 254
MOTION for Leave to File Brief of Amicus Curiae filed by Direct Selling Association (Attachments: #1 Exhibit(s) A Amicus Brief, #2 Proposed Order). Party Direct Selling Association added.Attorney Anne Marie Johnson added to party Direct Selling Association(pty:!!!) (Johnson, Anne)
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Filing 253
REPLY filed by Federal Trade Commission re: #200 MOTION to Strike Defendants' Summary Judgment Evidence (Sifuentes, Rachel)
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Filing 252
(Document Restricted) Sealed Response re: #242 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Roller, Katharine)
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Filing 251
(Document Restricted) Sealed Response re: #200 Motion to Strike (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) Response Ex. 1, #2 Exhibit(s) Response Ex. 2) (Florence, Craig)
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Filing 250
(Document Restricted) Sealed Response re: #201 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) Response Exhibit 1) (Florence, Craig)
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Filing 249
(Document Restricted) Sealed Response to Defendants' Objections to Its Summary Judgment Evidence (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission re: #203 Sealed and/or Ex Parte Response/Objection. (Sifuentes, Rachel) Modified text on 9/2/2022 (axm).
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Filing 248
Unopposed MOTION for Leave to File Response to Defendants' Objections to its Summary Judgment Evidence Under Seal filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sifuentes, Rachel)
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Filing 247
(Document Restricted) Sealed Opposition to Defendants' #194 Motion to Strike Declarations of Allyson Boggess and Elizabeth Anne Miles) (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission. (Attachments: #1 Exhibit(s) 1, Declaration of Katharine Roller) (Roller, Katharine) Modified text on 9/2/2022 (axm).
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Filing 246
Unopposed MOTION for Leave to File Opposition to Defendants' Motion to Strike Declarations of Allyson Boggess and Elizabeth Anne Miles Under Seal filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 245
(Document Restricted) Sealed Reply re: #176 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Bohl, Lisa)
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Filing 244
Unopposed MOTION for Leave to File Reply in Support of Its Motion to Exclude Expert Testimony of Anne Coughlan and Walter Vandaele Under Seal filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Bohl, Lisa)
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Filing 243
REPLY filed by Federal Trade Commission re: #177 MOTION to Exclude Expert Testimony of Dr. Mindy Kurzer (Ward, Guy)
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Filing 242
(Document Restricted) Sealed Objection re: #198 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 241
(Document Restricted) Sealed Supplement to Motion to Strike FTC's Declarations of Untimely Disclosed Witnesses and Brief in Support (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 240
(Document Restricted) Sealed Reply re: #154 Motion for Partial Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 239
(Document Restricted) Sealed Reply re: #226 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Roller, Katharine)
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Filing 238
Unopposed MOTION for Leave to File Reply in Support of FTC's Motion for Summary Judgment Under Seal filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 237
AMENDED ORDER SETTING SETTLEMENT CONFERENCE: re: #195 Order Setting Deadline/Hearing. It is, therefore, ORDERED that the settlement conference is SET for Monday, 8/29/2022, at 8:30 a.m. C.D.T. until 12:30 p.m. via Zoom. If additional time is required, the conference will resume on Wednesday, 8/31/2022 from 8:30 a.m. until 1:00 p.m. C.D.T. The Clerk will provide the necessary invitation to the settlement conference to counsel for the parties. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/26/2022) (ndt)
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Filing 236
(Document Restricted) Objections to and Motion to Strike Defendants' Summary Judgment Opposition Evidence (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Proposed Order) (Sifuentes, Rachel)
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Filing 235
Unopposed MOTION for Leave to File Objections to and Motion to Strike Defendants' Summary Judgment Opposition Evidence Under Seal filed by Federal Trade Commission (Attachments: #1 Proposed Order) (Sifuentes, Rachel)
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Filing 234
Notice of Manual Filing by Neora LLC, Jeffrey Olson re #227 Notice of Manual Filing Supplement (Florence, Craig)
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Filing 233
(Document Restricted) Sealed Response re: #176 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 232
RESPONSE AND OBJECTION filed by Neora LLC, Jeffrey Olson re: #177 MOTION to Exclude Expert Testimony of Dr. Mindy Kurzer (Florence, Craig)
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Filing 231
ORDER granting #229 Motion to Deem Responses to Cross-Motions for Summary Judgment as Timely Filed Replies due by 8/26/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 8/17/2022) (mla)
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Filing 230
Notice of Receipt of Manual Filing of CD by Federal Trade Commission re #198 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support. (axm)
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Filing 229
MOTION Joint Nunc Pro Tunc Motion to Deem Submissions Timely Filed filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sifuentes, Rachel)
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Filing 228
RESPONSE filed by Federal Trade Commission re: #154 MOTION for Partial Summary Judgment (Roller, Katharine)
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Filing 227
Notice of Manual Filing of Notice of Manual Filing of Appendix Exhibits by Neora LLC, Jeffrey Olson re #208 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support,, (Florence, Craig)
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Filing 226
(Document Restricted) Sealed Response re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 225
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 75) (Florence, Craig)
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Filing 224
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 74) (Florence, Craig)
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Filing 223
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 73 [Part 3]) (Florence, Craig)
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Filing 222
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 73 [Part 2]) (Florence, Craig)
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Filing 221
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 73 [Part 1]) (Florence, Craig)
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Filing 220
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 71, #2 Exhibit(s) 72) (Florence, Craig)
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Filing 219
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 67, #2 Exhibit(s) 68, #3 Exhibit(s) 69, #4 Exhibit(s) 70) (Florence, Craig)
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Filing 218
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 66 [Part 7]) (Florence, Craig)
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Filing 217
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 66 [Part 6]) (Florence, Craig)
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Filing 216
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 66 [Part 5]) (Florence, Craig)
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Filing 215
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 66 [Part 4]) (Florence, Craig)
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Filing 214
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2921) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 66 [Part 3]) (Florence, Craig)
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Filing 213
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 66 [Part 2]) (Florence, Craig)
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Filing 212
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 66 [Part 1]) (Florence, Craig)
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Filing 211
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 61, #2 Exhibit(s) 62, #3 Exhibit(s) 63, #4 Exhibit(s) 64, #5 Exhibit(s) 65) (Florence, Craig)
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Filing 210
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 51, #2 Exhibit(s) 52, #3 Exhibit(s) 53, #4 Exhibit(s) 54, #5 Exhibit(s) 55, #6 Exhibit(s) 56, #7 Exhibit(s) 57, #8 Exhibit(s) 58, #9 Exhibit(s) 59, #10 Exhibit(s) 60) (Florence, Craig)
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Filing 209
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 41, #2 Exhibit(s) 42, #3 Exhibit(s) 43, #4 Exhibit(s) 44, #5 Exhibit(s) 45, #6 Exhibit(s) 46, #7 Exhibit(s) 47, #8 Exhibit(s) 48, #9 Exhibit(s) 49, #10 Exhibit(s) 50) (Florence, Craig)
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Filing 208
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 26, #2 Exhibit(s) 27, #3 Exhibit(s) 28, #4 Exhibit(s) 29, #5 Exhibit(s) 30, #6 Exhibit(s) 31, #7 Exhibit(s) 32, #8 Exhibit(s) 33, #9 Exhibit(s) 34, #10 Exhibit(s) 35, #11 Exhibit(s) 36, #12 Exhibit(s) 37, #13 Exhibit(s) 38, #14 Exhibit(s) 39, #15 Exhibit(s) 40) (Florence, Craig)
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Filing 207
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 16, #2 Exhibit(s) 17, #3 Exhibit(s) 18, #4 Exhibit(s) 19, #5 Exhibit(s) 20, #6 Exhibit(s) 21, #7 Exhibit(s) 22, #8 Exhibit(s) 23, #9 Exhibit(s) 24, #10 Exhibit(s) 25) (Florence, Craig)
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Filing 206
(Document Restricted) Sealed Appendix in Support re: #204 Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15) (Florence, Craig)
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Filing 205
(Document Restricted) Redline of FTC's Proposed Corrected Summary Judgment Brief for Docket #201 (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Ward, Guy)
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Filing 204
RESPONSE AND OBJECTION filed by Neora LLC, Jeffrey Olson re: #143 MOTION for Summary Judgment (Florence, Craig)
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Filing 203
(Document Restricted) Sealed Objection re: #148 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #150 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #151 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #147 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #146 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #149 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #152 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #145 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 202
(Document Restricted) Sealed Appendix in Support re: #201 Sealed and/or Ex Parte Motion, (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX174, #2 Exhibit(s) PX175) (Ward, Guy)
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Filing 201
(Document Restricted) Motion for Leave to File Substitute Exhibit and Corrected Brief (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Proposed Amendment Redline of Proposed Corrected Summary Judgment Brief, #2 Proposed Amendment Proposed Corrected Summary Judgment Brief, #3 Proposed Order) (Ward, Guy)
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Filing 200
MOTION to Strike Defendants' Summary Judgment Evidence filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Sifuentes, Rachel)
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Filing 199
Notice of Manual Filing of PX171 by Federal Trade Commission re #198 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support of FTC's Response to Defendants' Motion for Partial Summary Judgment (Roller, Katharine)
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Filing 198
(Document Restricted) Sealed Appendix in Support re: #197 Sealed and/or Ex Parte Response/Objection (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX169 to PX173) (Roller, Katharine)
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Filing 197
(Document Restricted) Sealed Response re: #154 Motion for Partial Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Roller, Katharine)
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Filing 196
Unopposed MOTION for Leave to File Documents Under Seal filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 195
ORDER SETTING SETTLEMENT CONFERENCE: Status Report due by 8/25/2022. Settlement Conference set for 8/29/2021 08:30 AM before Magistrate Judge Hal R. Ray Jr. (Ordered by Magistrate Judge Hal R. Ray, Jr on 8/11/2022) (mjr)
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Filing 194
(Document Restricted) Sealed Motion to Strike Declarations of Federal Trade Commission's Untimely Disclosed Witnesses and Brief in Support (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 1-A, #3 Exhibit(s) 1-B, #4 Exhibit(s) 1-C, #5 Exhibit(s) 1-D, #6 Exhibit(s) 1-E, #7 Exhibit(s) 1-F, #8 Proposed Order) (Florence, Craig)
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Filing 193
ELECTRONIC ORDER granting #192 Unopposed Motion to Withdraw as Attorney. Jonathan L. Israel is hereby withdrawn as counsel for record for Defendants. (Ordered by Chief Judge Barbara M. G. Lynn on 8/11/2022) (chmb)
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Filing 192
Unopposed MOTION to Withdraw as Attorney filed by Neora LLC, Jeffrey Olson (Attachments: #1 Proposed Order) (Florence, Craig)
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Filing 191
ORDER GRANTING #190 UNOPPOSED MOTION TO WITHDRAW DEFENDANTS' #182 MOTION FOR PROTECTIVE ORDER AND ORDER QUASHING FEDERAL TRADE COMMISSIONS SUBPOENA DUCES TECUM. (Ordered by Magistrate Judge David L. Horan on 8/9/2022) (mcrd)
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Filing 190
Unopposed MOTION to Withdraw #182 MOTION for Protective Order and Order Quashing FTC's Subpoena Duces Tecum filed by Neora LLC, Jeffrey Olson (Attachments: #1 Proposed Order) (Florence, Craig)
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Filing 189
ORDER REFERRING CASE to Magistrate Judge Hal R. Ray, Jr for mediation. (Ordered by Chief Judge Barbara M. G. Lynn on 8/9/2022) (axm)
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Filing 187
ELECTRONIC ORDER granting #186 Unopposed Motion to Extend Deadline for Responses. The deadline for the parties to respond to the summary judgment motions #143 , #154 is August 12, 2022. (Ordered by Chief Judge Barbara M. G. Lynn on 8/9/2022) (chmb)
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Filing 188
MEMORANDUM OPINION AND ORDER granting #129 Motion for Judgment on the Pleadings on All Affirmative Defenses. (Ordered by Chief Judge Barbara M. G. Lynn on 8/8/2022) (mjr)
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Filing 186
MOTION for Extension of Time to File Response/Reply to #154 MOTION for Partial Summary Judgment , #143 MOTION for Summary Judgment filed by Neora LLC, Jeffrey Olson (Attachments: #1 Proposed Order) (Florence, Craig)
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Filing 185
ELECTRONIC ORDER: A response to #182 Defendants' Motion for Protective Order and Order Quashing Federal Trade Commission's Subpoena Duces Tecum must be filed by Thursday, August 11, 2022, and any reply must be filed by Monday, August 15, 2022. (Ordered by Magistrate Judge David L. Horan on 8/5/2022.)
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Filing 184
Order re: #182 Motion for Protective Order and Order Quashing Federal Trade Commission's Subpoena Duces Tecum. Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Chief Judge Barbara M. G. Lynn on 8/5/2022) (mjr)
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Filing 183
ORDER denying #172 Motion for Continuance. (Ordered by Chief Judge Barbara M. G. Lynn on 8/5/2022) (mjr)
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Filing 182
***WITHDRAWN PER #191 ORDER*** MOTION for Protective Order and Order Quashing FTC's Subpoena Duces Tecum filed by Neora LLC, Jeffrey Olson with Brief/Memorandum in Support. (Attachments: #1 Exhibit(s) Declaration of Michelle Ku, #2 Exhibit(s) Subpoena to Material Holdings, LLC, #3 Exhibit(s) Letter dated May 31, 2022, #4 Exhibit(s) Email dated July 7, 2022, #5 Exhibit(s) Email dated July 20, 2022, #6 Exhibit(s) Material Holdings, LLC's Obj and Response to P's Subpoena, #7 Exhibit(s) FTC's Obj and Responses to D's 3rd Amended NOD of David Givens, #8 Proposed Order) (Florence, Craig) Modified on 8/10/2022 (mcrd).
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Filing 181
REPLY filed by Federal Trade Commission re: #172 MOTION to Continue Trial Date and Motion for Expedited Consideration (Bohl, Lisa)
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Filing 180
ELECTRONIC ORDER granting #162 Defendants Neora, LLC and Jeffrey Olson's Motion to Strike Rebuttal Report of Dr. Stacie Bosley and for Expedited Consideration. Defendants ask the Court to strike the rebuttal report, and associated documents, of Dr. Stacie Bosley, the designated testifying expert of plaintiff Federal Trade Commission, as served on Defendants on July 6, 2022, and to order that these materials shall not be considered for any purpose in this case.Defendants also asked the Court to rule on this request without awaiting a response by the Federal Trade Commission. See Dkt. No. 162 at 9 ("Defendants further request expedited consideration of this motion, and in the event the Court deems any further briefing is necessary, that shorter briefing periods than allowed under the Local Rules be ordered."). The Court determined that this motion does not present a circumstance in which immediately granting the requested relief without allowing a response was appropriate, cf. Tex. Keystone, Inc. v. Prime Nat. Res., Inc., 694 F.3d 548, 555-56 (5th Cir. 2012), and entered an expedited briefing schedule, see Dkt. No. 166.Defendants "request that the Bosley Rebuttal Report be stricken from the record and not used for any purpose in this case because is untimely and unauthorized under the Courts scheduling order and the Federal Rules of Civil Procedure." Dkt. No. 162 at 9. After carefully considering the parties' briefing, the Court agrees that this relief is necessary and appropriate and orders that the rebuttal report, and associated documents, of Dr. Stacie Bosley, as served on Defendants on July 6, 2022, shall not be considered for any purpose in this case.The FTC's first response, that motions to strike are disfavored under the Federal Rules, fails to persuade here. But Defendants rely, in reply, on Federal Rule of Civil Procedure 37(c)(1), which provides that, "[i]f a party fails to provide information or identify a witness as required by [Federal Rule of Civil Procedure] 26(a) or (e), the party is not allowed to use that information or witness to supply evidence on a motion, at a hearing, or at a trial, unless the failure was substantially justified or is harmless." And, whether referred to as "striking" or not, expert reports are not separately filed on the docket, so, as a practical matter, the question is whether the report should be excluded or ordered not to be used for any purpose in this case. Accord Wireless Agents, L.L.C. v. Sony Ericsson Mobile Commc'ns AB, No. 3:05-cv-289-D, 2006 WL 5127278, at *2 (N.D. Tex. May 31, 2006) ("Sony's motion to strike is procedurally proper. In fact, it is not at all unusual for this court to entertain motions to strike addressed to expert designations, and it has not explicitly differentiated between motions addressed to designations filed with the court and those served on the opposing party." (cleaned up)).As to the FTC's justifying the Bosley Rebuttal Report as a Federal Rule of Civil Procedure 26(a)(2) rebuttal report that was necessary to address Defendants' experts' allegedly flawed methodologies, reasoning, and opinions, the Court agrees with Defendants that the Court's #38 Scheduling Order supersedes any default timing requirements under Federal Rule of Civil Procedure 26(a)(2)(D) and does not provide for rebuttal reports. See Fed. R. Civ. P. 26(a)(2)(D) ("A party must make these disclosures at the times and in the sequence that the court orders. Absent a stipulation or a court order, the disclosures must be made: (i) at least 90 days before the date set for trial or for the case to be ready for trial; or (ii) if the evidence is intended solely to contradict or rebut evidence on the same subject matter identified by another party under Rule 26(a)(2)(B) or (C), within 30 days after the other party's disclosure."). But, even if Rule 26(a)(2)(D)(ii) did still apply in this case, the FTC's missing that deadline is prejudicial for the reasons that Defendants argue, particularly in light of the tight timeframe before trial that the FTC itself successfully relied on in opposing Defendants' recent #130 motion to extend. See Dkt. No. 137. And the FTC's now offering to push other deadlines or the trial date in a case filed in 2020 does not suffice to mitigate the prejudice that Defendants persuasively claim from this lately disclosed rebuttal report. Cf. Hamburger v. State Farm Mut. Auto. Ins. Co., 361 F.3d 875, 883-84 (5th Cir. 2004) ("Obviously, a continuance would have resulted in additional delay and increased the expense of defending the lawsuit. Since the first and third factors militate against permitting the testimony, the trial court was not obligated to continue the trial. Otherwise, the failure to satisfy the rules would never result in exclusion, but only in a continuance. Because of a trial court's need to control its docket, a party's violation of the court's scheduling order should not routinely justify a continuance." (cleaned up)).The FTC also partially relies on its duty to supplement under Federal Rule of Civil Procedure 26(e)(1), which provides that "[a] party who has made a disclosure under Rule 26(a)... must supplement or correct its disclosure or response: (A) in a timely manner if the party learns that in some material respect the disclosure... is incomplete or incorrect, and if the additional or corrective information has not otherwise been made known to the other parties during the discovery process or in writing; or (B) as ordered by the court." But Defendants' experts relying on new or different information than Dr. Bosley did does not make Dr. Bosley's initial report "in some material respect... incomplete or incorrect" (as Rule 26(e) requires), and the FTC does not claim otherwise.And, whether under Rule 26(a)(2)(D)(ii) or 26(e)(1), the Court is not persuaded that the FTC's untimely disclosing of a new report on July 6 is justified by waiting for Defendants' experts' depositions when the FTC justifies its need to submit the report at all based on material in Defendants' expert reports served on May 31, 2022.In short, for the reasons that Defendants persuasively assert, the Bosley Rebuttal Report is untimely and unauthorized under the Court's #38 Scheduling Order and the Federal Rules of Civil Procedure.(Ordered by Magistrate Judge David L. Horan on 8/2/2022.)
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Filing 179
RESPONSE AND OBJECTION filed by Neora LLC, Jeffrey Olson re: #172 MOTION to Continue Trial Date and Motion for Expedited Consideration (Attachments: #1 Exhibit(s) Declaration of Jeffrey Olson) (Florence, Craig)
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Filing 178
Appendix in Support filed by Federal Trade Commission re #177 MOTION to Exclude Expert Testimony of Dr. Mindy Kurzer (Ward, Guy)
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Filing 177
MOTION to Exclude Expert Testimony of Dr. Mindy Kurzer filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Ward, Guy)
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Filing 176
(Document Restricted) Sealed Motion to Exclude Expert Testimony of Anne Coughlan and Walter Vandaele (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Proposed Order, #2 Declaration(s) of Katharine Roller) (Roller, Katharine)
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Filing 175
Unopposed MOTION for Leave to File Motion to Exclude Testimony of Anne Coughlan and Walter Vandaele and ExhibitsUnder Seal filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 174
ELECTRONIC ORDER: Defendants' response to the Motion for Trial Continuance #172 is due 8/2/2022. Plaintiff's reply is due by 8/4/2022. The parties shall include in their briefs the estimated length of their case in chief. (Ordered by Chief Judge Barbara M. G. Lynn on 7/28/2022) (chmb)
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Filing 173
REPLY filed by Neora LLC, Jeffrey Olson re: #162 MOTION to Strike Rebuttal Export of Dr. Stacie Bosley MOTION to Expedite Consideration of Motion to Strike Rebuttal Report of Dr. Stacie Bosley (Florence, Craig)
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Filing 172
MOTION to Continue Trial Date and Motion for Expedited Consideration filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Bohl, Lisa)
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Filing 171
NOTICE of Attorney Appearance by Samantha Colleen Denny on behalf of Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Denny, Samantha)
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Filing 170
Appendix in Support filed by Federal Trade Commission re #169 Response/Objection (Roller, Katharine)
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Filing 169
RESPONSE filed by Federal Trade Commission re: #162 MOTION to Strike Rebuttal Export of Dr. Stacie Bosley MOTION to Expedite Consideration of Motion to Strike Rebuttal Report of Dr. Stacie Bosley (Roller, Katharine)
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Filing 168
NOTICE of Attorney Appearance by Rachel F Sifuentes on behalf of Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Sifuentes, Rachel)
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Filing 167
ELECTRONIC ORDER: The Hearing re: #154 MOTION for Partial Summary Judgment, #143 MOTION for Summary Judgment is RESET for 9/28/2022 01:00 PM. If the Court cannot hold the hearing on 9/28/2022, the hearing will take place on 9/29/2022 08:00 AM. (Ordered by Chief Judge Barbara M. G. Lynn on 7/22/2022) (chmb)
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Filing 166
ELECTRONIC ORDER: Any response to #162 Defendants Neora, LLC and Jeffrey Olson's Motion to Strike Rebuttal Report of Dr. Stacie Bosley and for Expedited Consideration must be filed by Monday, July 25, 2022, and any reply must be filed by Wednesday, July 27, 2022. (Ordered by Magistrate Judge David L. Horan on 7/20/2022) (mcrd)
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Filing 165
Order Referring Motion re: #162 MOTION to Strike Rebuttal Export of Dr. Stacie Bosley MOTION to Expedite Consideration of Motion to Strike Rebuttal Report of Dr. Stacie Bosley Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Chief Judge Barbara M. G. Lynn on 7/20/2022) (ndt)
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Filing 164
ORDER: Motion Hearing set for 9/12/2022 01:00 PM in US Courthouse, Courtroom 1570, 1100 Commerce St., Dallas, TX 75242-1310 before Chief Judge Barbara M. G. Lynn. re: #154 MOTION for Partial Summary Judgment, #143 MOTION for Summary Judgment (Ordered by Chief Judge Barbara M. G. Lynn on 7/19/2022) (ykp)
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Filing 163
(Document Restricted) Sealed Appendix in Support re: #162 Motion to Strike,, Motion to Expedite, (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 162
MOTION to Strike Rebuttal Export of Dr. Stacie Bosley, MOTION to Expedite Consideration of Motion to Strike Rebuttal Report of Dr. Stacie Bosley () filed by Neora LLC, Jeffrey Olson with Brief/Memorandum in Support. (Attachments: #1 Proposed Order, #2 Exhibit(s) 1, #3 Exhibit(s) 1-A) (Florence, Craig)
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Filing 161
ELECTRONIC ORDER granting #159 Defendants' Motion to Extend Time to File Response. The parties shall respond to the pending summary judgment motions #143 and #154 by August 10, 2022. (Ordered by Chief Judge Barbara M. G. Lynn on 7/19/2022) (chmb)
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Filing 160
ELECTRONIC ORDER granting #158 Unopposed Motion for Leave to File. Defendants have leave to file a response brief to Plaintiff's motion for summary judgment not to exceed 75 pages in length. (Ordered by Chief Judge Barbara M. G. Lynn on 7/19/2022) (chmb)
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Filing 159
MOTION for Extension of Time to File Response/Reply to #154 MOTION for Partial Summary Judgment , #143 MOTION for Summary Judgment filed by Neora LLC, Jeffrey Olson (Attachments: #1 Proposed Order Granting Defendants' Motion to Extend Deadline for Responses to SJ Motions and for Expedited Consideration) (Florence, Craig)
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Filing 158
Unopposed MOTION for Leave to File Brief in Excess of Page Limitations filed by Neora LLC, Jeffrey Olson (Attachments: #1 Proposed Order to File Brief in Excess of Page Limitations) (Florence, Craig)
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Filing 157
Notice of Manual Filing of 4 CDs. (filed under separate cover, see records department) (sxf)
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Filing 156
(Document Restricted) Sealed Brief/Memorandum in Support re: #154 Motion for Partial Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 155
(Document Restricted) Sealed Appendix in Support re: #154 Motion for Partial Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) 1, #2 Exhibit(s) 2, #3 Exhibit(s) 3, #4 Exhibit(s) 4, #5 Exhibit(s) 5, #6 Exhibit(s) 6, #7 Exhibit(s) 7, #8 Exhibit(s) 8, #9 Exhibit(s) 9, #10 Exhibit(s) 10, #11 Exhibit(s) 11, #12 Exhibit(s) 12, #13 Exhibit(s) 13, #14 Exhibit(s) 14, #15 Exhibit(s) 15, #16 Exhibit(s) 16, #17 Exhibit(s) 17, #18 Exhibit(s) 18, #19 Exhibit(s) 19, #20 Exhibit(s) 20, #21 Exhibit(s) 22, #22 Exhibit(s) 23, #23 Exhibit(s) 24, #24 Exhibit(s) 25, #25 Exhibit(s) 26, #26 Exhibit(s) 27, #27 Exhibit(s) 28, #28 Exhibit(s) 29, #29 Exhibit(s) 30, #30 Exhibit(s) 21a, #31 Exhibit(s) 21b) (Florence, Craig)
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Filing 154
MOTION for Partial Summary Judgment filed by Neora LLC, Jeffrey Olson (Attachments: #1 Proposed Order Granting Defendants' Motion for Partial Summary Judgment) (Florence, Craig)
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Filing 153
Notice of Manual Filing of Multimedia Exhibits by Federal Trade Commission re #150 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, #152 Sealed and/or Ex Parte Appendix/Brief/Memorandum in Support, (Roller, Katharine)
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Filing 152
(Document Restricted) Sealed Appendix in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX168-47 to PX168-52, #2 Exhibit(s) PX168-53 to PX168-56, #3 Exhibit(s) PX168-57 to PX168-64, #4 Exhibit(s) PX168-65 to PX168-78, #5 Exhibit(s) PX168-79 to PX168-145) (Roller, Katharine)
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Filing 151
(Document Restricted) Sealed Appendix in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX168-16 to PX168-22, #2 Exhibit(s) PX168-23 to PX168-29, #3 Exhibit(s) PX168-30 to PX168-36, #4 Exhibit(s) PX168-37 to PX168-42, #5 Exhibit(s) PX168-43 to PX168-46) (Roller, Katharine)
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Filing 150
(Document Restricted) Sealed Appendix in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX116 to PX127, #2 Exhibit(s) PX128 to PX167, #3 Exhibit(s) PX168 to PX168-5, #4 Exhibit(s) PX168-6 to PX168-15) (Roller, Katharine)
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Filing 149
(Document Restricted) Sealed Appendix in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX63 to PX68, #2 Exhibit(s) PX69 to PX91, #3 Exhibit(s) PX92 to PX115) (Roller, Katharine)
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Filing 148
(Document Restricted) Sealed Appendix in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX39 to PX45, #2 Exhibit(s) PX46 to PX62) (Roller, Katharine)
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Filing 147
(Document Restricted) Sealed Appendix in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX36 Part 2 to PX38) (Roller, Katharine)
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Filing 146
(Document Restricted) Sealed Appendix in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX36 Part 1) (Roller, Katharine)
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Filing 145
(Document Restricted) Sealed Appendix in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 03) filed by Federal Trade Commission (Attachments: #1 Exhibit(s) PX1 to PX35) (Roller, Katharine)
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Filing 144
(Document Restricted) Sealed Brief/Memorandum in Support re: #143 Motion for Summary Judgment (Sealed pursuant to order dated 3/6/2021) filed by Federal Trade Commission (Roller, Katharine)
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Filing 143
MOTION for Summary Judgment filed by Federal Trade Commission (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 142
Unopposed MOTION for Leave to File Documents Under Seal filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 141
ELECTRONIC ORDER granting #140 Unopposed Motion for Leave to File Brief in Excess of Page Limitations. Plaintiff Federal Trade Commission has leave to file a motion for summary judgment principal brief not to exceed 75 pages in length. (Ordered by Chief Judge Barbara M. G. Lynn on 7/1/2022) (chmb)
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Filing 140
Unopposed MOTION for Leave to File Brief in Excess of Page Limitations filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 139
NOTICE of Attorney Appearance by Lisa W Bohl on behalf of Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Bohl, Lisa)
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Filing 138
REPLY filed by Federal Trade Commission re: #129 MOTION for Judgment on the Pleadings on All Affirmative Defenses and Brief in Support (Roller, Katharine)
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Filing 137
ELECTRONIC ORDER denying #130 Defendants' Motion To Extend Defendants' Deadline for Designation of Experts. For the reasons that Plaintiff Federal Trade Commission persuasively asserts in its response, the Court finds that Defendants have not shown good cause for the two-week extension that they seek to permit their expert witnesses additional time to review the materials produced on May 12, 2022. Although Defendants complain that the FTC's response does not explain whether there was additional software used by "Anne" or how the work "Anne" performed impacted the calculations performed by Dr. Givens, Defendants do not argue that they need additional time to conduct further discovery regarding the recently-produced documents, identify any such discovery that they intend to seek, or explain why they could not do so within the current deadline. The Court is not persuaded that Defendants require an additional two weeks beyond the two-and-a-half weeks they will have had between the date that the FTC produced these documents and Defendants' current expert deadline, particularly in light of the additional extensions of other deadlines that would be required and that would push those deadlines closer to the Court's pretrial deadlines and trial date. (Ordered by Magistrate Judge David L. Horan on 5/25/2022.)
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Filing 136
Brief/Memorandum in Support filed by Neora LLC, Jeffrey Olson re #130 MOTION for Extension of Time to File Defendants' Designation of Experts and for Expedited Consideration (Attachments: #1 Proposed Order) (Florence, Craig)
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Filing 135
RESPONSE AND OBJECTION filed by Neora LLC, Jeffrey Olson re: #129 MOTION for Judgment on the Pleadings on All Affirmative Defenses and Brief in Support (Florence, Craig)
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Filing 134
Appendix in Support filed by Federal Trade Commission re #133 Response/Objection (Roller, Katharine)
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Filing 133
RESPONSE filed by Federal Trade Commission re: #130 MOTION for Extension of Time to File Defendants' Designation of Experts and for Expedited Consideration (Roller, Katharine)
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Filing 132
ELECTRONIC ORDER: Plaintiff Federal Trade Commission must file a response to #130 Defendants' Motion To Extend Defendants' Deadline for Designation of Experts and for Expedited Consideration by Tuesday May 24, 2022, and Defendants must file any reply by 4:00 p.m. on Wednesday, May 25, 2022. (Ordered by Magistrate Judge David L. Horan on 5/23/2022.)
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Filing 131
Order Referring #130 MOTION for Extension of Time to File Defendants' Designation of Experts and for Expedited Consideration to Magistrate Judge David L. Horan. (Ordered by Chief Judge Barbara M. G. Lynn on 5/23/2022) (frw)
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Filing 130
MOTION for Extension of Time to File Defendants' Designation of Experts and for Expedited Consideration filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) Declaration of Robert F. Johnson III, #2 Proposed Order Proposed Order Granting Dfts' Motion to Extend) (Florence, Craig)
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Filing 129
MOTION for Judgment on the Pleadings on All Affirmative Defenses and Brief in Support filed by Federal Trade Commission with Brief/Memorandum in Support. (Roller, Katharine)
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Filing 128
ELECTRONIC ORDER granting #125 Unopposed Motion to Withdraw as Attorney. Attorney David O'Toole is hereby withdrawn as counsel of record for Plaintiff Federal Trade Commission. (Ordered by Chief Judge Barbara M. G. Lynn on 5/3/2022) (chmb)
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Filing 127
Supplemental Document by Federal Trade Commission as to #125 MOTION to Withdraw as Attorney (Certificate of Conference). (Ward, Guy)
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Filing 126
ELECTRONIC ORDER granting in part and denying in part #114 Plaintiff Federal Trade Commission's Motion for Protective Order Limiting Deposition of Consulting Expert. Federal Rule of Civil Procedure 26(b)(4)(D) provides that, "[o]rdinarily, a party may not, by interrogatories or deposition, discover facts known or opinions held by an expert who has been retained or specially employed by another party in anticipation of litigation or to prepare for trial and who is not expected to be called as a witness at trial" and "may do so only: (i) as provided in [Federal Rule of Civil Procedure] 35(b); or (ii) on showing exceptional circumstances under which it is impracticable for the party to obtain facts or opinions on the same subject by other means." Fed. R. Civ. P. 26(b)(4)(D). "A party seeking to show exceptional circumstances under [Rule 26(b)(4)(D)] carries a heavy burden.... The exceptional circumstances requirement has been interpreted by courts to mean an inability to obtain equivalent information from other sources." In re Shell Oil Refinery, 132 F.R.D. 437, 442 (E.D. La. 1990) (citing Hoover v. U.S. Dep't of the Interior, 611 F.2d 1132, 1142 n.13 (5th Cir. 1980)) (other citations omitted). Court have found that a party requesting discovery meets its burden to establish "exceptional circumstances" where it shows "that: (1) the object or condition observed by the non-testifying expert is no longer observable by an expert of the party seeking discovery; or (2) although it is possible to replicate expert discovery on a contested issue, the cost of doing so is judicially prohibitive." Fast Memory Erase, LLC v. Spansion, Inc., No. 3-08-cv-977-M, 2009 WL 4884091, at *1 (N.D. Tex. Dec. 16, 2009). And, "[i]f materials and documents prepared by a non-testifying expert are disclosed to and considered by a testifying expert, such materials and documents lose their protected status." Id.And Federal Rule of Civil Procedure 26(b)(3) regulates the scope of the allowable discovery of attorney work-product. Under Rule 26(b)(3), "[o]rdinarily, a party may not discover documents and tangible things that are prepared in anticipation of litigation or for trial by or for another party or its representative (including the other party's attorney, consultant, surety, indemnitor, insurer, or agent). But, subject to Rule 26(b)(4), those materials may be discovered if: (i) they are otherwise discoverable under Rule 26(b)(1); and (ii) the party shows that it has substantial need for the materials to prepare its case and cannot, without undue hardship, obtain their substantial equivalent by other means." Fed. R. Civ. P. 26(b)(3)(A). And the work-product rule accords "special protection to work-product revealing the attorney's mental processes." Upjohn Co. v. United States, 449 U.S. 383, 400 (1981). Rule 26(b)(3) instructs the court to "protect against disclosure of the mental impressions, conclusions, opinions, or legal theories of an attorney or other representative of a party concerning the litigation." Fed. R. Civ. P. 26(b)(3)(B). As such, "if the materials sought are opinion work-product then a court may compel discovery only if the party seeking the materials demonstrates a compelling need for the information." S.E.C. v. Brady, 238 F.R.D. 429, 443 (N.D. Tex. 2006); accord S.E.C. v. Cuban, No. 3:08-cv-2050-D, 2012 WL 456532, at *2 & n.3 (N.D. Tex. Feb. 10, 2012).Plaintiff Federal Trade Commission has established that Dr. David M. Givens is the FTC's consulting expert in this case under Federal Rule of Civil Procedure 26(b)(4)(D) and was retained or specially employed by the FTC in anticipation of litigation. Neora nevertheless asks the Court to deny the FTCs motion in its entirety and permit Neora to obtain deposition testimony from Dr. Givens regarding: (i) the code, data, assumptions, and methodology used in the Spreadsheets (that is, the documents identified by Bates numbers FTC-NEORA-0025533, FTCNEORA-0025534, FTC-NEORA-0025535, FTC-NEORA-0025536, FTC-NEORA-0025537, FTC-NEORA-0025538, and FTC-NEORA-0025547) and how the code or data were manipulated to reach the conclusions set forth in the Spreadsheets; (ii) the code, data, assumptions, and methodology used to reach conclusions which differ or vary from the conclusions set forth in the Spreadsheets; (iii) his communications with Dr. Bosley regarding the Spreadsheets, Neora, or the FTC's claims; (iv) the information he provided to Dr. Bosley (directly or through counsel) regarding the Spreadsheets, Neora, or the FTC's claims; (v) the work he performed for the calculations set forth in paragraphs 12, 16, 20, 31, 48, and 49 of the Complaint; (vi) the calculations in the Spreadsheets that contradict or differ from the allegations in the Complaint; and (vii) his communications with Neora, its outside counsel and experts, or any other third parties regarding the claims made by the FTC in this lawsuit. Dkt. No. 121 at 17.The Court is persuaded, for the reasons explained in the FTC's reply, that Neora has not shown the required exceptional circumstances or substantial or compelling need to obtain most of the testimony of Dr. Givens's consulting expert work that it seeks. As the FTC convincingly explains, while Neora may depose Dr. Givens about the documents that he created that were provided to the FTC's testifying expert Dr. Stacie Bosley, Neora is not also entitled to depose Dr. Givens about any hypothetical documents or work product that he did not provide to Dr. Bosley. As the FTC argues, under Rule 26(b)(4)(D), a non-testifying consulting expert's sharing documents and communications with the party's testifying expert makes those documents and communications open for discovery does not also mean that the party is unfairly using Rule 26(b)(4)(D) as a sword and a shield in refusing to disclose the non-testifying consulting expert's other work for the party -- including, here, the substance of Dr. Givens's consulting work -- that was not shared with or relied on by the testifying expert. And a party relying on a non-testifying consulting expert's work (never disclosed to or relied on by a testifying expert) in drafting its complaint does not waive Rule 26(b)(4)(D)'s protections.But the FTC does not explain why Neora should be prohibited from asking Dr. Givens -- during a deposition that will occur in any event -- about communications that Dr. Givens has had with Neora or its outside counsel or its experts regarding the claims made by the FTC in this lawsuit, and the FTC does not explain how those communications (if there have been any) could be protected by work product, Rule 26(b(4)(D), or any privilege.At the same tine, as the FTC correctly asserts, Neora's request in its opposition to overrule the FTC's objections to document requests does not fall within the scope of the FTC's motion. See Dkt. No. 123 at 4 n.7.The Court orders that, during any deposition of Plaintiff Federal Trade Commission's consulting expert Dr. David M. Givens, Defendant Neora, LLC shall not conduct any questioning as to opinions held or facts known by Dr. Givens, see Fed. R. Civ. P. 26(b)(4)(D), provided that questioning as to facts known by Dr. Givens with regard to the following topics shall be permitted, subject to question-by-question objections based on any applicable privilege or work product protection: (1) The documents identified by Bates numbers FTC-NEORA-0025533, FTCNEORA-0025534, FTC-NEORA-0025535, FTC-NEORA-0025536, FTC-NEORA-0025537, FTC-NEORA-0025538, and FTC-NEORA-0025547; (2) Any documents produced by the Federal Trade Commission on February 25, 2022, in response to the document requests contained in Exhibit A to Neora, LLCs Second Amended Notice of Oral Deposition of David M. Givens; (3) Any communications between Dr. Givens and Dr. Stacie Bosley; and (4) Any communications between Dr. Givens and Neora and its outside counsel and experts regarding the claims made by the FTC in this lawsuit.Finally, under Federal Rules of Civil Procedure 26(c)(3) and 37(a)(5), the Court determines that, considering all of the circumstances here, the parties will bear their own expenses, including attorneys' fees, in connection with this motion.(Ordered by Magistrate Judge David L. Horan on 5/2/2022.)
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Filing 125
MOTION to Withdraw as Attorney filed by Federal Trade Commission (Attachments: #1 Proposed Order) (O'Toole, David)
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Filing 124
Appendix in Support filed by Federal Trade Commission re #123 Reply in support of FTC's Motion for Protective Order Limiting Deposition of Consulting Expert (Ward, Guy)
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Filing 123
REPLY filed by Federal Trade Commission re: #114 MOTION for Protective Order Limiting Deposition of Consulting Expert (Attachments: #1 Proposed Order) (Ward, Guy)
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Filing 122
Appendix in Support filed by Neora LLC re #121 Response/Objection (Florence, Craig)
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Filing 121
RESPONSE AND OBJECTION filed by Neora LLC re: #114 MOTION for Protective Order Limiting Deposition of Consulting Expert (Florence, Craig)
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Filing 120
ORDER granting #119 Unopposed Motion to Amend Dispositive Motion Deadline. Motions due by 7/13/2022. All other provisions of the Court's 10/2/2020, Scheduling Order, as amended by the parties' Notices of Stipulation Regarding Scheduling Order (ECF Nos. #94 , #113 , #118 ), shall remain unchanged. (Ordered by Chief Judge Barbara M. G. Lynn on 3/15/2022) (ykp)
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Filing 119
Unopposed MOTION to Amend/Correct #38 Scheduling Order,, Amend Dispositive Motion Deadline filed by Neora LLC, Jeffrey Olson (Attachments: #1 Proposed Order) (Florence, Craig)
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Filing 118
Third STIPULATION Regarding Scheduling Order by Neora LLC, Jeffrey Olson. (Florence, Craig)
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Filing 117
ELECTRONIC ORDER: A response to #114 Plaintiff's Motion for Protective Order Limiting Deposition of Consulting Expert must be filed by Thursday, March 24, 2022, and any reply must be filed by Thursday, April 7, 2022. (Ordered by Magistrate Judge David L. Horan on 3/7/2022.)
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Filing 116
Order: re: #114 MOTION for Protective Order Limiting Deposition of Consulting Expert. Motion(s) referred to Magistrate Judge David L. Horan. (Ordered by Chief Judge Barbara M. G. Lynn on 3/4/2022) (ndt)
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Filing 115
Appendix in Support filed by Federal Trade Commission re #114 MOTION for Protective Order Limiting Deposition of Consulting Expert (Roller, Katharine)
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Filing 114
MOTION for Protective Order Limiting Deposition of Consulting Expert filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 113
NOTICE of Stipulation re: #38 Scheduling Order,, filed by Federal Trade Commission (O'Toole, David)
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Filing 112
RETURN of Service for Subpoena served on Laura Smith on 11/24/2021. (ygl)
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Filing 111
Return of Service for Subpoena served on Bonnie Patten on 11/18/2021. (oyh)
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Filing 110
RESPONSE AND OBJECTION to Subpoena Document Request filed by Daniel Jensen (Attachments: #1 Exhibit(s) FTC Subpoena). Party Daniel Jensen added. (Robnett, Leslie) Modified event on 11/23/2021 (ygl).
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Filing 109
ELECTRONIC ORDER granting in part and denying in part #88 Defendant Neora, LLC's Motion to Compel Plaintiffs Responses to Discovery Requests.The Court does not agree that the motion should be denied generally for failing to adequately confer in advance of filing or failing to specifically address the requests or objections at issue. Even if Neora failed to confer on certain issues (as appears to be the case), the Court will excuse strict compliance where, although "the Court will not presume that a conference will be unproductive and a waste of time simply because the parties have a bitter history and an apparent inability to get along well," here, it appears that, on most of the critical issues raised in the motion, conferring further would "neither have eliminated nor narrowed the parties dispute," and the Court believes that "further delay in addressing the [motion] would not comport with the overriding principle set forth in Fed. R. Civ. P. 1." Brown v. Bridges, No. 12-cv-4947-P, 2015 WL 11121361, at *5 (N.D. Tex. Jan. 30, 2015), on reconsideration in part, No. 12-cv-4947-P, 2015 WL 12532137 (N.D. Tex. June 22, 2015). For the reasons explained in #100 Plaintiff Federal Trade Commission's response, the Court determines that the FTC's Federal Rule of Civil Procedure 26 initial disclosures comply with Federal Rule of Civil Procedure 26(a)(1)(A)(ii)'s and26(a)(1)(A)(iii)'s requirements and denies Neora's request to require the FTC to amend its initial disclosures.As to the FTC's now-amended responses and objections to Neora's First Request for Production [Dkt. No. 101 at 37-88 of 99] and responses and objections to Neora's Second Request for Production [Dkt. No. 108-3], the FTC responds to each RFP "[s]ubject to and without waiving [its] objections" -- which "is improper, as the undersigned and many other judges in this circuit and elsewhere have now made clear for several years"; "is manifestly confusing (at best) and misleading (at worst), and has no basis at all in the Federal Rules of Civil Procedure"; "leaves the requesting party guessing and wondering as to the scope of the documents or information that will be provided as responsive will be"; and is a "practice[] that attorneys must stop." VeroBlue Farms USA Inc. v. Wulf, ___ F.R.D. ___, No. 3:19-cv-764-X, 2021 WL 5176839, at *8, *32 (N.D. Tex. Nov. 8, 2021) (cleaned up).As Neora's declaration in support of its reply acknowledges, the FTC's amended responses "removed its assertion of the law enforcement privilege and objection that Neora had equal access to responsive documents from publicly available documents" and "add[ed] a withholding statement, but stated it did not withhold any documents pursuant to one of the asserted privileges." Dkt. No. 108-1 at 3. And the FTC "continues to assert most of its privilege 'objections'; however, [the FTC] states that it is not withholding any documents based on any claim of privilege." Dkt. No. 107 at 2 n.1. If the FTC is withholding any documents based on work product or privilege claims, it must serve a privilege log for any documents, communications, or other materials withheld from production on the grounds of attorney-client privilege, work product, or other privilege, immunity, or protection. See Fed. R. Civ. P. 26(b)(5); see generally Jolivet v. Compass Grp. USA, Inc., ___ F.R.D. ___, No. 3:19-CV-2096-B, 2021 WL 5176930 (N.D. Tex. Sept. 14, 2021).But the primary issue on the motion as to Neora's RFPs remains: Neora's assertion that the FTC "has not produced or identified the documents and information in its possession, custody, or control that it contends support its claims and allegations against Neora" based on the FTCs objections that the only unproduced, responsive documents are already in Neora's possession or that each RFP "seeks information that is equally available to Defendants from documents which are or have been in the possession, custody or control of Defendants, or from documents filed with the Court or already served on Defendants in this case, and to the extent that they seek information that can be derived from a review of these documents." For the reasons that Neora persuasively explains in its motion and reply, the Court determines that these objections are improper and overruled. The Court ORDERS the FTC to, by December 15, 2021, serve on Neora's counsel amended written responses -- without these overruled objections -- to, and produce all previously unproduced documents responsive to, Neora's First Request for Production and Second Request for Production. And, if the FTC contends that there are no responsive documents to a specific RFP, it should further amend its responses to state as much. See Heller v. City of Dallas, 303 F.R.D. 466, 485 (N.D. Tex. 2014).For the reasons that the FTC's response explains, the Court finds that Neora's motion is moot as to the FTC's overbreadth objections to RFPs Nos. 9 and 10. As to RFPs Nos. 58, 70, 76, 81, 98, 107, 114, and 115, the FTC is not required to create or produce expert reports before the disclosure deadline, but it must produce any existing, responsive, nonprivileged and non-work-product documents reflecting the underlying facts behind the allegations or contentions at issue in each of these RFPs. See City of Las Cruces v. United States, No. CV 17-809 JCH/GBW, 2021 WL 5207098, at *9-*10 (D.N.M. Nov. 9, 2021); McKinney/Pearl Rest. Partners, L.P. v. Metro. Life Ins. Co., 322 F.R.D. 235, 25354 (N.D. Tex. 2016). Of course, the FTC's November 1, 2021 deadline for service of expert disclosures and reports has now passed. See Dkt. No. 38. In any event, to the extent that the FTC has withheld any information that is not expert or privileged or work-product material that would be responsive to these RFPs, ORDERS the FTC to, by December 15, 2021, serve on Neora's counsel amended written responses and produce all such previously unproduced documents. As to the FTC's answers and objections to Neora's First Set of Interrogatories, the Court determines that those answers and objections are proper under Federal Rule of Civil Procedure 33, including Rule 33(d), for the reasons that #100 the FTC's response persuasively explains.Neora also asks the Court to order the FTC to produce responsive documents from three additional custodians requested by Neora. But, for the reasons that the FTC persuasively explains in #100 its response, while the ESI Order gives Neora an opportunity to request that the FTC search and collect from additional custodians, Neora has not persuasively explained why additional discovery collection from these three custodians is necessary or appropriate.Finally, the Court finds that, under Federal Rule of Civil Procedure 37(a)(5)(C), considering all of the circumstances here -- including Neora's failure to fully confer before filing -- and the Court's rulings above, the parties will bear their own expenses, including attorneys' fees, in connection with Neora's motion.(Ordered by Magistrate Judge David L. Horan on 11/15/2021.)
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Filing 108
Appendix in Support filed by Neora LLC re #107 Reply (Attachments: #1 Exhibit(s) Exhibit A - Silcocks Declaration, #2 Exhibit(s) Exhibit A-1, #3 Exhibit(s) Exhibit A-2) (Ku, Michelle)
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Filing 107
REPLY filed by Neora LLC re: #88 MOTION to Compel (Ku, Michelle)
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Filing 106
Return of Service for Subpoena served on Truth in Advertising Inc on 9/9/2021. (ndt)
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Filing 105
ORDER granting #104 Defendant's Unopposed Motion for Extension of Time to Reply to Plaintiff Federal Trade Commission's Response to Defendant's Motion to Compel. Replies due by 10/22/2021. (Ordered by Magistrate Judge David L. Horan on 10/13/2021) (mcrd)
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Filing 104
MOTION for Extension of Time to File Response/Reply to #88 MOTION to Compel filed by Neora LLC, Jeffrey Olson (Attachments: #1 Cover Sheet Transmittal Letter to Magistrate Judge Horan, #2 Proposed Order) (Florence, Craig)
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Filing 103
ELECTRONIC ORDER withdrawing and terminating #86 Plaintiff Federal Trade Commission's Motion to Compel based on #102 Plaintiff's Notice of Withdrawal of Motion. (Ordered by Magistrate Judge David L. Horan on 10/4/2021.)
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Filing 102
NOTICE of Withdrawal of Motion re: #86 MOTION to Compel and Memorandum in Support filed by Federal Trade Commission (Roller, Katharine)
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Filing 101
Appendix in Support filed by Federal Trade Commission re #100 Response/Objection (Roller, Katharine)
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Filing 100
RESPONSE filed by Federal Trade Commission re: #88 MOTION to Compel (Roller, Katharine)
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Filing 99
ORDER GRANTING DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL. The deadline for Defendants to respond to Plaintiff's Motion to Compel is extended to October 8, 2021. (Ordered by Magistrate Judge David L. Horan on 9/30/2021) (mcrd)
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Filing 98
MOTION for Extension of Time to File Response/Reply to #86 MOTION to Compel and Memorandum in Support filed by Neora LLC, Jeffrey Olson (Attachments: #1 Cover Sheet Transmittal Letter to Judge Horan, #2 Proposed Order Proposed Order Granting Ext of Time to Respond to "'s Motion to Compel) (Florence, Craig)
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Filing 97
Return of Service for Subpoena served on Truth in Advertising Inc on 9/27/2021. (ygl)
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Filing 96
Second Amended Notice of Oral Deposition of Federal Trade Commission filed by Neora LLC. (Burbach, Edward) Modified text on 9/29/2021 (mjr).
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Filing 95
RETURN of Service for Subpoena served on Bonnie Patten on 9/18/2021. (ygl)
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Filing 94
NOTICE of Stipulation Regarding Scheduling Order filed by Neora LLC, Jeffrey Olson (Burbach, Edward)
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Filing 93
NOTICE of Stipulation Regarding Remote Depositions filed by Neora LLC, Jeffrey Olson (Burbach, Edward)
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Filing 92
ORDER: Before the Court is Plaintiff Federal Trade Commission's Motion to Compel (ECF No. #86 ) and Defendant Neora, LLC's Motion to Compel Plaintiff's Responses to Discovery Requests (ECF No. #88 ) (collectively, "Motions"). The Motions are hereby REFERRED to Magistrate Judge Horan for a hearing, if necessary, and recommendation or determination. (Ordered by Chief Judge Barbara M. G. Lynn on 9/14/2021) (ctf)
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Filing 91
ELECTRONIC ORDER: Through counsel, and under Federal Rule of Civil Procedure 45, Non-Parties Aana Camp and Jennifer Givens have each filed Objections and Responses to Plaintiff Federal Trade Commission's Subpoena to Produce Documents, Information, or Objects. See Dkt. Nos. 84 & 85. Chief Judge Barbara M. G. Lynn has referred these objections to the undersigned United States magistrate judge for a hearing, if necessary, and recommendation or determination. See Dkt. No. 90. Chief Judge Lynn's referral order "also prospectively refers all procedural motions hereafter filed by a party who supports or opposes the referred Objections, and that relate to the United State Magistrate Judge's resolution of the Objections." Id. at 1.As the Court has explained, "Federal Rule of Civil Procedure 45(d)(2)(B) requires that '[a] person commanded to produce documents or tangible things or to permit inspection may serve on the party or attorney designated in the subpoena a written objection to inspecting, copying, testing or sampling any or all of the materials or to inspecting the premises -- or to producing electronically stored information in the form or forms requested' -- and that '[t]he objection must be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.' Fed. R. Civ. P. 45(d)(2)(B). Under Rule 45(d)(2)(B), '[i]f an objection is made, the following rules apply: (i) At any time, on notice to the commanded person, the serving party may move the court for the district where compliance is required for an order compelling production or inspection. (ii) These acts may be required only as directed in the order, and the order must protect a person who is neither a party nor a party's officer from significant expense resulting from compliance.' Id. Timely serving written objections therefore suspends the non-party's obligation to comply with a subpoena commanding production of documents, pending a court order. See Fed. R. Civ. P. 45(d)(2)(B)(ii); [Am. Fed'n of Musicians of the U.S. & Canada v. Skodam Films, LLC, 313 F.R.D. 39, 44 (N.D. Tex. 2015)]." MetroPCS v. Thomas, 327 F.R.D. 600, 606-07 (N.D. Tex. 2018). Additionally, "[u]nder Federal Rule of Civil Procedure 45(d), '[e]ither in lieu of or in addition to serving objections on the party seeking discovery, a person can 'timely' file a motion to quash or modify the subpoena' under Federal Rule of Civil Procedure 45(d)(3)(A)." Id. at 607 (cleaned up). "Under Rule 45(d)(3)(A), '[o]n timely motion, the court for the district where compliance is required must quash or modify a subpoena that (i) fails to allow a reasonable time to comply; (ii) requires a person to comply beyond the geographical limits specified in Rule 45(c); (iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden.' Fed. R. Civ. P. 45(d)(3)(A)." Id. And, "[i]n the majority of cases, a person -- whether a traditional party (i.e., a plaintiff or defendant) or a non-party -- waives objections if he/she/it fails either to serve timely objections on the party seeking discovery or to file a timely motion with the court." Id. (cleaned up). But the non-party subpoena recipient need not do both. She can "choose[] to serve written objections rather than file a motion to quash or modify," and "[s]erving written objections under Rule 45(d)(2)(B)" "shifts the burden and expense of commencing motion practice in court to the issuing party and affords the recipient additional time in the event the recipient is ultimately obligated to comply with the demands in the subpoena." Id. at 608 (cleaned up). "Rules 45(d)(2) and 45(d)(3) provide a non-party subpoena recipient with two separate and distinct procedural vehicles for asserting objections to a subpoena. One is not dependent upon or tied to the other." Id. (cleaned up).The non-parties did not attach to their filed objections copies of the subpoenas at issue, and so the Court cannot determine whether these non-parties timely served their objections or what federal district court is the court for the district where compliance is required. But -- at least in this case in this district -- the FTC has not filed a motion to compel production, in the face of these objections, and these non-parties have not filed (and, again, if they timely served these objections, need not file) a motion to quash or modify. Based on Rule 45(d)'s requirements explained above, the Court will take no further action on these objections absent the FTC's filing a motion to compel or the non-parties' filing a motion to quash or modify.(Ordered by Magistrate Judge David L. Horan on 9/13/2021.)
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Filing 90
ORDER re: #84 Non-Party Aana Camp's OBJECTIONS AND RESPONSES and #85 Non-Party Jennifer Givens's OBJECTIONS AND RESPONSES. The Objections are hereby REFERRED to Magistrate Judge Horan for a hearing, if necessary, and recommendation or determination. (Ordered by Chief Judge Barbara M. G. Lynn on 9/10/2021) (mla)
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Filing 89
***PROPOSED ORDER***Supplemental Document by Neora LLC as to #88 MOTION to Compel [Proposed Order]. (Ku, Michelle) Modified on 9/13/2021 (svc).
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Filing 88
MOTION to Compel filed by Neora LLC with Brief/Memorandum in Support. (Attachments: #1 Appendix in Support, #2 Declaration(s) of Kristina Silcocks, #3 Exhibit(s) A-1, #4 A-2, #5 A-3, #6 A-4, #7 A-5) (Burbach, Edward)
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Filing 87
Appendix in Support filed by Federal Trade Commission re #86 MOTION to Compel and Memorandum in Support (Roller, Katharine)
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Filing 86
***WITHDRAWN PER 103 ORDER*** MOTION to Compel and Memorandum in Support filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine) Modified on 10/5/2021 (mcrd).
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Filing 85
Non-Party Jennifer Givens's OBJECTIONS AND RESPONSES to Plaintiff Federal Trade Commission's Subopena to Produce Documents, Information, or Objects filed by Jennifer Givens (Robnett, Leslie) Modified event text per attorney on 9/3/2021 (jmg).
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Filing 84
Non-Party Aana Camp's OBJECTIONS AND RESPONSES to Plaintiff Federal Trade Commission's Subpoena to Produce Documents, Information, or Objects filed by Aana Camp (Robnett, Leslie) Modified event text per attorney on 9/3/2021 (jmg).
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CASE Returned to District Judge; Magistrate Judge Hal R. Ray, Jr no longer referred to case. (Case not settled) (twd)
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Filing 83
Minute Entry for proceedings held before Magistrate Judge Hal R. Ray, Jr: Settlement Conference held on 6/29/2021 and 7/15/2021. Case did not settle. Attorney Appearances: Counsel for the parties and party representatives present. (Court Reporter: None) (No exhibits) Time in Court - 9:00 a.m. on June 29 and 2:00 p.m. on July 15. (jmg)
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Filing 82
ORDER: Before the Court is the Motion for Judgment on the Pleadings (ECF No. #55 ), filed by Defendants Neora, LLC and Jeffrey Olson. The Motion is granted with respect to Plaintiff's claim for monetary relief, but denied in all other respects. (Ordered by Chief Judge Barbara M. G. Lynn on 8/2/2021) (ctf)
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Filing 81
NOTICE of Supplemental Authority re: #64 Response/Objection filed by Federal Trade Commission (Attachments: #1 Exhibit(s) A) (Roller, Katharine)
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Filing 80
ELECTRONIC ORDER granting in part and denying in part #49 Defendants' Motion for Protective Order and Order Quashing Plaintiff's Subpoena Duces Tecum.For the reasons explained in Defendants' reply, under the particular circumstances presented here, where Plaintiff Federal Trade Commission and Non-Party Husch Blackwell LLP agreed to extend the time for compliance with the subpoena and Defendants' counsel reached out to the FTC's counsel as to the subpoena, the Court finds that Defendants did not waive their right to move to quash or seek a protective order. And the Court is not persuaded that the motion should be denied on the basis of an alleged failure to meet and confer."A party, although not in possession or control of the materials sought in a subpoena and not the person to whom the subpoena is directed, has standing to file a motion to quash or modify under Federal Rule of Civil Procedure 45(d)(3) if he has a personal right or privilege in the subject matter of the subpoena or a sufficient interest in it." Booth v. City of Dallas, 312 F.R.D. 427, 430 (N.D. Tex. 2015). And "a party has standing to move for a protective order pursuant to [Federal Rule of Civil Procedure] 26(c) seeking to limit the scope of discovery, even if the party does not have standing pursuant to Rule 45(d) to bring a motion to quash a third-party subpoena." Bounds v. Capital Area Family Violence Intervention Ctr., 314 F.R.D. 214, 218 (M.D. La. 2016) (collected cases omitted). But "that standing does not go so far as to allow [Defendants] to challenge a non-party subpoena on the grounds that it unduly burdens the non-party." Payne v. Forest River, Inc., Civ. A. No. 13-679-JWD-RLB, 2014 WL 7359059, at *5 (M.D. La. Dec. 23, 2014). But a party may appropriately challenge a subpoena as facially overbroad. See Chaput v. Griffin, No. 3:14-mc-131-G-BN, 2014 WL 7150247 (N.D. Tex. Dec. 16, 2014). And a party may seek a protective order on the basis of lack of relevance or proportionality as to third-party discovery. See McKinney/Pearl Rest. Partners, L.P. v. Metro. Life Ins. Co., No. 3:14-cv-2498-B, 2016 WL 2609994 (N.D. Tex. May 6, 2016).As the parties fully expect, the Court overrules Defendants' objection that the FTC is not entitled to discovery concerning Defendants' alleged past conduct. But the Court is persuaded that the subpoenas are facially overbroad for the reasons that Defendants summarize in their reply, and, as the FCT implicitly acknowledges, are so broad as to encompass materials that are not relevant to this case and the discovery of which is not proportionate to the needs of this case. As Defendants note, the FTC "has made no attempt to tailor its request to target information and documents relevant to any of the claims or defenses at issue in this matter or limit the request to a relevant period of time" and "does not even attempt to defend its failure to narrow its requests to the issues in dispute in this matter." The Court is not persuaded that this all-encompassing discovery is justified by the FTC's concerns or frustrations with Defendants' responses to discovery to date -- in connection with which the Court has now granted in part #49 the FTC's motion to compel. And the Court agrees with Defendants' assessment that the FTC's "willingness to rifle through Defendants' confidential business records and trade secrets does not expand the limits on permissible discovery provided by Rule 26."Modification is normally preferable to quashing a subpoena. But, here, the subpoena broadly seeks any and all documents, things, and information that are in this law firm's possession, custody, or control and that were "produced, obtained, or disclosed by twelve parties through discovery, pre-hearing proceedings, hearing, and post-hearing proceedings in two previous, interrelated lawsuits and one arbitration proceeding involving the Smiths, other former Brand Partners, Neora, and Olson," and so the Court determines that the proper relief at this point is to -- and the Court does -- quash the subpoena as facially overbroad without prejudice to the FTC's serving a narrower subpoena after conferring with Defendants' counsel to reach agreement on the scope of any discovery of materials from prior litigation.Finally, the Court determines that, Federal Rule of Civil Procedure 37(a)(5) and 26(c)(3), considering all of the circumstances here and the Court's rulings, the parties will bear their own expenses, including attorneys' fees, in connection with this motion.(Ordered by Magistrate Judge David L. Horan on 7/20/2021.)
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Filing 79
Appendix in Support filed by Neora LLC, Jeffrey Olson re #78 Reply in Support of Motion for Protective Order and Order Quashing Plaintiff's Subpoena Duces Tecum and Brief in Support (Attachments: #1 Exhibit(s) Declaration of Robert F. Johnson III, #2 Exhibit(s) Declaration of Kristina W. Silcocks) (Florence, Craig)
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Filing 78
REPLY filed by Neora LLC, Jeffrey Olson re: #65 MOTION for Protective Order and Order Quashing Plaintiff's Subpoena Duces Tecum and Brief in Support (Florence, Craig)
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Filing 77
ELECTRONIC Minute Entry for virtual proceedings held before Chief Judge Barbara M. G. Lynn on July 16, 2021: The Court held a hearing on the Defendants' Motion for Judgment on the Pleadings. Attorney Appearances: Plaintiff: David O'Toole, Katharine Roller, Guy Ward. Defendants: Craig Florence, Edward D. Burbach, Jay Varon. Court Reporter: Deborah Kriegshauser. Time in Court - 0:37. (chmb)
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The hearing scheduled for 7/16/2021 at 9:00 a.m. will be conducted by video teleconferencing only and will not be accessible to the public at the courthouse. To listen to the proceeding live, click here: #Link to Hearing. It is impermissible under Judicial Conference Policy to record or rebroadcast this proceeding. Violators will be subject to sanctions. (chmb) Modified on 7/13/2021 (chmb).
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Filing 76
Appendix in Support filed by Federal Trade Commission re #75 Response/Objection to Defendants' Motion for Protective Order (O'Toole, David)
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Filing 75
RESPONSE filed by Federal Trade Commission re: #65 MOTION for Protective Order and Order Quashing Plaintiff's Subpoena Duces Tecum and Brief in Support (O'Toole, David)
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Filing 74
NOTICE of Supplemental Authority filed by Neora LLC, Jeffrey Olson (Attachments: #1 Exhibit(s) FTC v. Facebook, Inc.) (Florence, Craig)
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Filing 73
ORDER re: #55 MOTION for Judgment on the Pleadings. Motion Hearing set for 7/16/2021 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 6/29/2021) (ygl)
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Filing 72
REPLY filed by Neora LLC, Jeffrey Olson re: #55 MOTION for Judgment on the Pleadings and Brief in Support (Florence, Craig)
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Filing 71
ELECTRONIC ORDER: Plaintiff must file a response to #65 Defendants' Motion for Protective Order and Order Quashing Plaintiffs Subpoena Duces Tecum by Tuesday, July 6, 2021, and Defendants must file any reply by Tuesday, July 20, 2021. Any requirement to comply with the subpoena's demands is stayed pending the Courts resolution of this motion. (Ordered by Magistrate Judge David L. Horan on 6/17/2021.)
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Filing 70
Order Referring Defendants' #65 Motion for Protective Order and Order Quashing Plaintiffs Subpoena Duces Tecum to Magistrate Judge David L. Horan. (Ordered by Chief Judge Barbara M. G. Lynn on 6/17/2021) (twd)
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Filing 69
ELECTRONIC ORDER granting in part and denying in part and withdrawing in part as moot #49 Plaintiff Federal Trade Commission's Motion To Compel.As the parties agree, the motion is moot and withdrawn as to Request No. 6 (and the corresponding so-called Monetary Relief Objection) and four of the other five objections that the FTC challenged in the motion.For the reasons that the FTC persuasively argues in its reply, the Court finds that the FTC did not fail to appropriately meet and confer before filing the motion and that the motion is not subject to denial, as Defendants assert, on this basis. The Court agrees in part with the FTC that the motion is not entirely moot but does not believe it realistic to order Defendants to produce 267,000 documents within two weeks. Instead, the Court orders Defendants to, by June 28, 2021, advise the FTC's counsel, in writing, as to the date -- no later than July 16, 2021 -- by which Defendants will complete their production of the approximately 267,000 documents responsive to the list of search terms found in Defendants' Response Appendix as Exhibit 2-B and make that production without limitation by Defendants' so-called Shire ViroPharma objection, which is overruled as to Requests Nos. 17-19 for essentially the reasons asserted in the FTC's reply. However the legal challenge to the FTC's claims and requested relief may be resolved on the merits, in discovery, Defendants "cannot refuse to produce a requested document or information simply because it is relevant to a claim or defense on which [Defendants expect to] prevail." Heller v. City of Dallas, 303 F.R.D. 466, 489 (N.D. Tex. 2014); cf. Nerium Skincare, Inc. v. Olson, No. 3:16-CV-1217-B, 2017 WL 277634, at *6 (N.D. Tex. Jan. 20, 2017) (explaining that, "even if a motion to dismiss were pending, no federal rule, statute, or binding case law applies [ ] to automatically stay discovery pending a ruling on... a [Federal Rule of Civil Procedure] 12(b)(6) motion to dismiss" and that, "[i]n fact, such a stay is the exception rather than the rule" (cleaned up)), objections overruled sub nom. Nerium SkinCare, Inc. v. Nerium Int'l, LLC, No. 3:16-CV-1217-B, 2017 WL 9934881 (N.D. Tex. Feb. 6, 2017).Finally, the Court determines that, Federal Rule of Civil Procedure 37(a)(5)(C), considering all of the circumstances here and the Court's rulings, the parties will bear their own expenses, including attorneys' fees, in connection with this motion.(Ordered by Magistrate Judge David L. Horan on 6/15/2021.)
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Filing 68
Appendix in Support filed by Federal Trade Commission re #67 Reply (Roller, Katharine)
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Filing 67
REPLY filed by Federal Trade Commission re: #49 MOTION to Compel (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 66
Appendix in Support filed by Neora LLC, Jeffrey Olson re #65 MOTION for Protective Order and Order Quashing Plaintiff's Subpoena Duces Tecum and Brief in Support (Florence, Craig)
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Filing 65
MOTION for Protective Order and Order Quashing Plaintiff's Subpoena Duces Tecum and Brief in Support filed by Neora LLC, Jeffrey Olson with Brief/Memorandum in Support. (Florence, Craig)
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Filing 64
RESPONSE filed by Federal Trade Commission re: #55 MOTION for Judgment on the Pleadings and Brief in Support (Roller, Katharine)
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Filing 63
Appendix in Support filed by Neora LLC, Jeffrey Olson re #62 Response/Objection and Brief in Opposition to FTC's Motion to Compel (Florence, Craig)
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Filing 62
RESPONSE filed by Neora LLC, Jeffrey Olson re: #49 MOTION to Compel (Florence, Craig)
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Filing 61
ORDER GRANTING #59 DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION TO COMPEL: Responses due by 6/2/2021. (Ordered by Magistrate Judge David L. Horan on 5/26/2021) (mcrd)
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Filing 60
ORDER SETTING SETTLEMENT CONFERENCE: Settlement Conference set via video teleconference for 6/29/2021 at 09:00 AM before Magistrate Judge Hal R. Ray Jr. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/25/2021) (mla)
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Filing 59
MOTION for Extension of Time to File Response/Reply to #49 MOTION to Compel filed by Neora LLC, Jeffrey Olson (Attachments: #1 Cover Sheet Transmittal Letter to Judge Horan, #2 Proposed Order) (Florence, Craig)
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Filing 58
ELECTRONIC Minute Entry for proceedings held before Magistrate Judge Hal R. Ray, Jr: Status Conference held via telephone on 5/25/2021. Settlement Conference to be set on Tuesday, June 29, 2021. Judge Ray to confer with each party via telephone prior to the Settlement Conference. Attorney Appearances: Plaintiff - Katherine Roller, David O'Toole; Defense - Craig Florence, Edward Burbach. (Court Reporter: Digital File) (No exhibits) Time in Court - 00:20. (plp)
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Filing 57
***DISREGARD - Docketed in incorrect case*** ORDER: By order dated May 17, 2021, United States Magistrate Judge Renee Harris Toliver referred this case to the undersigned to conduct a settlement conference. To schedule that conference, the Court hereby sets a Status Conference, via telephone, on Tuesday, May 25, 2021, at 10:30 a.m. C.D.T. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/19/2021) (plp) Modified on 5/19/2021 (plp).
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Filing 56
ORDER: By order dated May 14, 2021, Chief United States District Judge Barbara M. G. Lynn referred this case to the undersigned to conduct a settlement conference. To schedule that conference, the Court hereby sets a Status Conference, via telephone, on Tuesday, May 25, 2021, at 10:00 a.m. C.D.T. Prior to the Status Conference, counsel for the parties SHALL confer and be prepared to suggest three proposed dates for the settlement conference to take place either in person or by telephone on or before July 13, 2021. (Ordered by Magistrate Judge Hal R. Ray, Jr on 5/19/2021) (plp)
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Filing 55
MOTION for Judgment on the Pleadings filed by Neora LLC, Jeffrey Olson with Brief/Memorandum in Support. (Attachments: #1 Proposed Order Proposed Order Granting Defendants' Motion for Judgment on the Pleadings) (Florence, Craig) Modified docket text on 5/18/2021 (oyh).
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Filing 54
ORDER: Before the Court is the parties' Joint Report Regarding Alternative Dispute Resolution [ECF No. #53 ]. In light of the report, this matter is REFERRED to United States Magistrate Judge Hal R. Ray, Jr. for a settlement conference to be conducted within sixty days. The parties are DIRECTED to coordinate with the chambers of Judge Ray to schedule a settlement conference on a mutually agreeable date. (Ordered by Chief Judge Barbara M. G. Lynn on 5/14/2021) (ctf)
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Filing 53
Joint STATUS REPORT filed by Federal Trade Commission. (O'Toole, David)
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Filing 52
ELECTRONIC Minute Entry for proceedings held before Chief Judge Barbara M. G. Lynn on 5/7/2021: The Court held a zoom call. Attorney Appearances: Plaintiff - David O'Toole: Defense - Craig Florence, Ed Burbach, Michelle Ku, Jay Varon. (Court Reporter: Deborah Kriegshauser). Time in Court -0:03 (chmb)
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Filing 51
Order Referring Plaintiff's #49 Motion to Compel to Magistrate Judge David L. Horan. (Ordered by Chief Judge Barbara M. G. Lynn on 5/7/2021) (twd)
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Filing 50
Appendix in Support filed by Federal Trade Commission re #49 MOTION to Compel (Roller, Katharine)
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Filing 49
MOTION to Compel filed by Federal Trade Commission with Brief/Memorandum in Support. (Attachments: #1 Proposed Order) (Roller, Katharine)
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Filing 48
ORDER: Joint Status Report due by 5/10/2021. (Ordered by Chief Judge Barbara M. G. Lynn on 5/2/2021) (mla)
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Filing 47
NOTICE of Supplemental Authority filed by Federal Trade Commission (Attachments: #1 Exhibit(s)) (O'Toole, David)
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Filing 46
PROTECTIVE ORDER. (Ordered by Chief Judge Barbara M. G. Lynn on 3/6/2021) (hml)
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Filing 45
ORDER GOVERNING PRODUCTION OF ELECTRONICALLY STORED INFORMATION. (Ordered by Chief Judge Barbara M. G. Lynn on 3/6/2021) (hml)
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Filing 44
Agreed MOTION for Protective Order and Order Governing Electronically Stored Information filed by Federal Trade Commission (Attachments: #1 Exhibit(s) 1 - Stipulated Proposed Protective Order, #2 2 - Stipulated Proposed Order Governing Production of Electronically Stored Information) (Roller, Katharine)
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Filing 43
Joint STATUS REPORT Regarding Settlement filed by Federal Trade Commission. (O'Toole, David)
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Filing 42
Notice of Filing of Official Electronic Transcript of Status Conference Proceedings held on October 26, 2020 before Judge Barbara M.G. Lynn. Court Reporter/Transcriber Debbie Kriegshauser, Telephone number (214) 753-2325. Parties are notified of their #duty to review the transcript. A copy may be purchased from the court reporter or viewed at the clerk's office. If the transcript contains personal identifiers that must be redacted under MO 61, Fed.R.Civ.P. 5.2 or Fed.R.Crim.P. 49.1, or if the transcript contains the name of a minor child victim or a minor child witness that must be redacted under 18 U.S.C. 3509, file a #Redaction Request - Transcript within 21 days. If no action is taken, the entire transcript will be made available through PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically noticed. (9 pages) Redaction Request due 11/27/2020. Redacted Transcript Deadline set for 12/7/2020. Release of Transcript Restriction set for 2/4/2021. (dak)
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Filing 41
ELECTRONIC Minute Entry for video conference held before Chief Judge Barbara M. G. Lynn: The Court discussed discovery issues raised by the Joint Report Regarding Contents of Scheduling Order [ECF No. 37]. Plaintiff - David OToole, Katherine Anna Roller, Guy G Ward. Defendants - Craig B Florence, Michelle Youn Ku, Edward Donald Burbach. Time in Court - 0:10. (chmb)
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Filing 40
AMENDED ANSWER to #1 Complaint filed by Neora LLC, Jeffrey Olson (Florence, Craig)
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Filing 39
ORDER re: #37 Proposed Scheduling and Discovery Order. Telephone Conference set for 10/26/2020 09:00 AM before Chief Judge Barbara M. G. Lynn. (Ordered by Chief Judge Barbara M. G. Lynn on 10/9/2020) (oyh)
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Filing 38
SCHEDULING ORDER: Bench Trial set for three-week docket beginning 10/11/2022 09:00 AM before Chief Judge Barbara M. G. Lynn. Joinder of Parties due by 10/9/2020. Amended Pleadings due by 12/9/2020. Motions due by 6/10/2022. All Facts Discovery due by 10/8/2021. All Expert Discovery due by 3/25/2022. Pretrial Order due by 9/19/2022. Pretrial Materials due by 9/19/2022. Pretrial Conference set for 10/11/2022 08:30 AM before Chief Judge Barbara M. G. Lynn. Deadline for mediation is on or before 9/12/2022. (Ordered by Chief Judge Barbara M. G. Lynn on 10/2/2020) (oyh)
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Filing 37
Proposal for contents of scheduling and discovery order Joint Report by Federal Trade Commission. (O'Toole, David)
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Filing 36
STIPULATION to Amend Pleading by Neora LLC, Jeffrey Olson. (Florence, Craig)
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Filing 35
ORDER REQUIRING SCHEDULING CONFERENCE AND REPORT FOR CONTENTS OF SCHEDULING ORDER: Joint Proposed Scheduling Order due by 10/1/2020. (Ordered by Chief Judge Barbara M. G. Lynn on 9/10/2020) (mjr)
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Filing 34
ANSWER to #1 Complaint filed by Neora LLC, Jeffrey Olson. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms and Instructions found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Florence, Craig)
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Filing 33
ELECTRONIC ORDER granting #32 Application for Admission Pro Hac Vice of Jay N. Varon. Important Reminder: Unless excused for cause, an attorney who is not an ECF user must register within 14 days of the date the attorney appears in a case pursuant to LR 5.1(f) and LCrR 49.2(g). (Ordered by Chief Judge Barbara M. G. Lynn on 8/31/2020) (chmb)
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Filing 32
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Jay N. Varon (Filing fee $100; Receipt number 0539-11117724) filed by Neora LLC, Jeffrey Olson. (Attachments: #1 Certificate of Good Standing, #2 Proposed Order) (Ku, Michelle) Modified text on 8/27/2020 (ndt).
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Filing 31
ORDER granting #30 Motion for Extension of Time to File Answer re #1 Complaint. Neora LLC answer due 9/9/2020; Jeffrey Olson answer due 9/9/2020. (Ordered by Chief Judge Barbara M. G. Lynn on 8/10/2020) (axm)
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Filing 30
Unopposed Motion for Extension of Time to File Answer filed by Neora LLC, Jeffrey Olson (Attachments: #1 Proposed Order) (Ku, Michelle)
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Filing 29
NOTICE of Attorney Appearance by Michelle Youn Ku on behalf of Neora LLC, Jeffrey Olson. (Filer confirms contact info in ECF is current.) (Ku, Michelle)
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Filing 27
Case electronically transferred in from District of New Jersey; Case Number 3:19-cv-19699. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas should seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. Copy of NEF to be sent US Mail to parties not electronically noticed.
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Filing 28
New Case Notes: A filing fee has been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (hml)
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Filing 26
ORDER granting in part and denying in part Defendants' #14 Motion; Defendants' Motion to Dismiss or transfer this matter pursuant to the first-to-file rule is DENIED; Defendants' Motion to Transfer this matter to the United States District Court for the Northern District of Texas is GRANTED. Signed by Chief Judge Freda L. Wolfson on 7/27/2020. (jem) [Transferred from New Jersey on 7/28/2020.]
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Filing 25
OPINION filed. Signed by Chief Judge Freda L. Wolfson on 7/27/2020. (jem) [Transferred from New Jersey on 7/28/2020.]
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***Civil Case Terminated. (jem) [Transferred from New Jersey on 7/28/2020.]
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Filing 24
ORDER granting #21 Motion for Leave to Appear Pro Hac Vice as to Edward D. Burbach, Esq. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/21/2020. (jem) [Transferred from New Jersey on 7/28/2020.]
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Filing 23
ORDER granting #22 Motion for Leave to Appear Pro Hac Vice as to Jay N. Varon Esq. Signed by Magistrate Judge Tonianne J. Bongiovanni on 2/21/2020. (jem) [Transferred from New Jersey on 7/28/2020.]
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Set Deadlines as to #22 MOTION for Leave to Appear Pro Hac Vice for Jay N. Varon, #21 MOTION for Leave to Appear Pro Hac Vice for Edward D. Burbach. Motion set for 2/18/2020 before Magistrate Judge Tonianne J. Bongiovanni. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 7/28/2020.]
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Filing 22
MOTION for Leave to Appear Pro Hac Vice for Jay N. Varon by NEORA, LLC, JEFFREY OLSON. (Attachments: #1 Declaration of Jonathan L. Israel, #2 Declaration of Jay N. Varon, #3 Text of Proposed Order)(ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 21
MOTION for Leave to Appear Pro Hac Vice for Edward D. Burbach by NEORA, LLC, JEFFREY OLSON. (Attachments: #1 Declaration of Jonathan L. Israel, #2 Declaration of Edward D. Burbach, #3 Text of Proposed Order)(ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 20
DECLARATION of Deborah Heisz re #19 Reply to Response to Motion by NEORA, LLC, JEFFREY OLSON. (Attachments: #1 Exhibit A)(ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 19
REPLY to Response to Motion filed by NEORA, LLC, JEFFREY OLSON re #14 MOTION to Dismiss Or, In the Alternative Transfer, And For Other Additional Relief (ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 18
MEMORANDUM in Opposition filed by FEDERAL TRADE COMMISSION re #14 MOTION to Dismiss Or, In the Alternative Transfer, And For Other Additional Relief (Attachments: #1 Declaration of Douglas M. McKenney & Attachments A-J)(WARD, GUY) [Transferred from New Jersey on 7/28/2020.]
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Set Deadlines as to #14 MOTION to Dismiss Or, In the Alternative Transfer, And For Other Additional Relief. Motion set for 1/6/2020 before Chief Judge Freda L. Wolfson. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (jem) [Transferred from New Jersey on 7/28/2020.]
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Filing 17
Corporate Disclosure Statement by NEORA, LLC. (ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 16
DECLARATION of Robert F. Johnson III re #14 MOTION to Dismiss Or, In the Alternative Transfer, And For Other Additional Relief by NEORA, LLC, JEFFREY OLSON. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H)(ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 15
DECLARATION of Deborah Heisz re #14 MOTION to Dismiss Or, In the Alternative Transfer, And For Other Additional Relief by NEORA, LLC, JEFFREY OLSON. (ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 14
MOTION to Dismiss Or, In the Alternative Transfer, And For Other Additional Relief by NEORA, LLC, JEFFREY OLSON. (Attachments: #1 Brief)(ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 13
NOTICE of Appearance by KATHARINE ANNA ROLLER on behalf of FEDERAL TRADE COMMISSION (ROLLER, KATHARINE) [Transferred from New Jersey on 7/28/2020.]
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Clerk`s Text Order - The document #11 Application for Clerk's Order to Ext Answer/Proposed Order submitted by NEORA, LLC has been GRANTED. The answer due date has been set for 12/11/2019. (jem) [Transferred from New Jersey on 7/28/2020.]
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Clerk`s Text Order - The document #12 Application for Clerk's Order to Ext Answer/Proposed Order submitted by JEFFREY OLSON has been GRANTED. The answer due date has been set for 12/16/2019. (jem) [Transferred from New Jersey on 7/28/2020.]
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Filing 12
Application and Proposed Order for Clerk's Order to extend time to answer as to Jeffrey Olson.. (ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 11
Application and Proposed Order for Clerk's Order to extend time to answer as to Neora, LLC. Attorney JONATHAN L. ISRAEL for NEORA, LLC,JONATHAN L. ISRAEL for JEFFREY OLSON added. (ISRAEL, JONATHAN) [Transferred from New Jersey on 7/28/2020.]
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Filing 10
STIPULATED ORDER for Permanent Injunction as to Defendants SIGNUM BIOSCIENCES, INC. and SIGNUM NUTRALOGIX. Signed by Chief Judge Freda L. Wolfson on 11/15/2019. (jem) [Transferred from New Jersey on 7/28/2020.]
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Filing 9
WAIVER OF SERVICE Returned Executed by FEDERAL TRADE COMMISSION. SIGNUM NUTRALOGIX waiver sent on 11/1/2019, answer due 12/31/2019. (O'TOOLE, DAVID) [Transferred from New Jersey on 7/28/2020.]
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Filing 8
WAIVER OF SERVICE Returned Executed by FEDERAL TRADE COMMISSION. SIGNUM BIOSCIENCES, INC. waiver sent on 11/1/2019, answer due 12/31/2019. (O'TOOLE, DAVID) [Transferred from New Jersey on 7/28/2020.]
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Filing 7
SUMMONS Returned Executed by FEDERAL TRADE COMMISSION. JEFFREY OLSON served on 11/7/2019, answer due 12/2/2019. (O'TOOLE, DAVID) [Transferred from New Jersey on 7/28/2020.]
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Filing 6
SUMMONS Returned Executed by FEDERAL TRADE COMMISSION. NEORA, LLC served on 11/6/2019, answer due 11/27/2019. (O'TOOLE, DAVID) [Transferred from New Jersey on 7/28/2020.]
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Filing 5
SUMMONS ISSUED as to NEORA, LLC, JEFFREY OLSON, SIGNUM BIOSCIENCES, INC., SIGNUM NUTRALOGIX. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (abr) [Transferred from New Jersey on 7/28/2020.]
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CLERK'S QUALITY CONTROL MESSAGE - Please note the Summonses issued 11/4/2019 was docketed in error. Please disregard. (abr) [Transferred from New Jersey on 7/28/2020.]
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Filing 4
NOTICE of Appearance by GUY G. WARD on behalf of FEDERAL TRADE COMMISSION (WARD, GUY) [Transferred from New Jersey on 7/28/2020.]
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Filing 3
SUMMONS ISSUED as to NEORA, LLC, JEFFREY OLSON, SIGNUM BIOSCIENCES, INC., SIGNUM NUTRALOGIX. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (abr) [Transferred from New Jersey on 7/28/2020.]
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CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: In the future when choosing parties please choose each party individually. Do NOT select the ALL PLAINTIFFS or ALL DEFENDANTS button. The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (jjc, ) [Transferred from New Jersey on 7/28/2020.]
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Chief Judge Freda L. Wolfson and Magistrate Judge Tonianne J. Bongiovanni added. (abr) [Transferred from New Jersey on 7/28/2020.]
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Filing 2
NOTICE of Appearance by DAVID ALAN O'TOOLE on behalf of FEDERAL TRADE COMMISSION (O'TOOLE, DAVID) [Transferred from New Jersey on 7/28/2020.]
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Filing 1
COMPLAINT against All Defendants, filed by FEDERAL TRADE COMMISSION. (Attachments: #1 Civil Cover Sheet, #2 Text of Proposed Order)(O'TOOLE, DAVID) [Transferred from New Jersey on 7/28/2020.]
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