Asbury Automotive Group Inc et al v. Federal Trade Commission et al
| Asbury Automotive Group, Inc., McDavid Frisco-Hon, LLC doing business as David McDavid Honda of Frisco, Ali Benli, Asbury Ft. Worth Ford, LLC doing business as David McDavid Ford Ft. Worth and McDavid Irving-Hon, LLC doing business as David McDavid Honda of Irving |
| Andrew Ferguson, Alvaro Bedoya, Rebecca Kelly Slaughter, The Federal Trade Commission, Melissa Holyoak and Lina M. Khan |
| 4:2024cv00950 |
| October 4, 2024 |
| U.S. District Court for the Northern District of Texas |
| Reed C O'Connor |
| Other Statutes: Other Statutory Actions |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on November 20, 2024. A more recent docket listing may be available from PACER.
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Filing 27
ELECTRONIC ORDER granting #21 Application for Admission Pro Hac Vice of Michael Lockerby. 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 Judge Reed C. O'Connor on 11/20/2024) (chmb)(MRF)
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| Filing 26 SUMMONS Returned Executed on 10/21/2024 as to All Defendants. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) A-1, #3 Exhibit(s) A-2) (Livengood, Brandon) Modified docket text on 11/21/2024 (sre). |
| Filing 25 Brief/Memorandum in Support filed by The Federal Trade Commission, Lina M. Khan, Rebecca Kelly Slaughter, Alvaro Bedoya, Melissa Holyoak, Andrew Ferguson re #24 Motion to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Belfer-DOJ, Isaac) |
| Filing 24 Motion to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction () filed by The Federal Trade Commission, Lina M. Khan, Rebecca Kelly Slaughter, Alvaro Bedoya, Melissa Holyoak, Andrew Ferguson (Attachments: #1 Proposed Order) (Belfer-DOJ, Isaac) |
| Filing 23 RESPONSE filed by The Federal Trade Commission, Lina M. Khan, Rebecca Kelly Slaughter, Alvaro Bedoya, Melissa Holyoak, Andrew Ferguson re: #6 Emergency MOTION for Injunction and Stay of FTC Proceeding (Belfer-DOJ, Isaac) |
| Filing 22 NOTICE of ENTRY OF ORDER BY FEDERAL TRADE COMMISSION GRANTING JOINT EXPEDITED MOTION FOR A FOUR-MONTH STAY OF ADMINISTRATIVE PROCEEDINGS filed by McDavid Frisco-Hon, LLC, Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Irving-Hon, LLC (Livengood, Brandon) |
| Filing 21 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-15023229) filed by McDavid Frisco-Hon, LLC, Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Irving-Hon, LLC (Lockerby, Michael) |
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Filing 20
AGREED ORDER: Pending before the Court is Plaintiffs'1 Opposed Expedited Motion for Preliminary Injunction Staying FTC Proceeding Pending Adjudication of the Asbury Plaintiffs' Constitutional Claims (ECF No. #6 ) (Plaintiffs' Motion). Defendants have advised that they will respond to Plaintiffs' Motion and will also file a motion to dismiss (Defendants' Motion). Complaint Counsel and Plaintiffs will file a joint motion before the Federal Trade Commission (FTC) seeking to extend all dates in the FTC administrative proceeding Scheduling Order by four months. The parties have agreed to the following briefing schedule for Plaintiffs' Motion and Defendants' Motion. (See order for specifics) (Ordered by Judge Reed C. O'Connor on 10/22/2024) (wxc)
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| Filing 19 AGREED MOTION FOR ENTRY OF AGREED ORDER filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC (Attachments: #1 Proposed Order) (Livengood, Brandon) Modified on 10/22/2024 (wxc). |
| Filing 18 NOTICE of Attorney Appearance by Zachary Cowan on behalf of Alvaro Bedoya, Andrew Ferguson, Melissa Holyoak, Lina M. Khan, Rebecca Kelly Slaughter, The Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Cowan, Zachary) |
| Filing 17 NOTICE of Attorney Appearance by Isaac Belfer-DOJ on behalf of Alvaro Bedoya, Andrew Ferguson, Melissa Holyoak, Lina M. Khan, Rebecca Kelly Slaughter, The Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Belfer-DOJ, Isaac) |
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Filing 16
ELECTRONIC ORDER granting #14 Application for Admission Pro Hac Vice of Brandon Livengood. 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 Judge Reed C. O'Connor on 10/16/2024) (chmb)(MRF)
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Filing 15
ELECTRONIC ORDER granting #5 Application for Admission Pro Hac Vice of Megan Chester. 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 Judge Reed C. O'Connor on 10/16/2024) (chmb) (MRF)
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| Filing 14 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14973546) filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC (Burbach, Edward) Modified to add receipt information on 10/16/2024 (cea). |
| Filing 13 Summons issued as to All Defendants, U.S. Attorney, and U.S. Attorney General. (wxc) |
| Filing 12 Request for Clerk to issue summons/service of process documents filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC. (Attachments: #1 Exhibit(s) Summons for US Attorney for the Northern District of Texas) (Livengood, Brandon) |
| Filing 11 Request for Clerk to issue summons/service of process documents filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC. (Attachments: #1 Exhibit(s) Summons for Commissioner Bedoya, #2 Exhibit(s) Summons for Commissioner Ferguson, #3 Exhibit(s) Summons for Commissioner Holyoak, #4 Exhibit(s) Summons for Chair Khan, #5 Exhibit(s) Summons for Commissioner Slaughter) (Livengood, Brandon) |
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Filing 10
ORDER deferring ruling on #6 Motion for Injunction. See Order for details. (Ordered by Judge Reed C. O'Connor on 10/14/2024) (Judge Reed C. O'Connor)
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| Filing 9 Appendix in Support filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC re #8 Brief/Memorandum in Support of Motion, (Livengood, Brandon) |
| Filing 8 Brief/Memorandum in Support filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC re #6 Emergency MOTION for Injunction and Stay of FTC Proceeding (Livengood, Brandon) |
| Filing 7 Appendix in Support filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC re #6 Emergency MOTION for Injunction and Stay of FTC Proceeding (Livengood, Brandon) |
| Filing 6 Emergency MOTION for Injunction and Stay of FTC Proceeding filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC (Attachments: #1 Proposed Order) (Livengood, Brandon) |
| Filing 5 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14981729) filed by Asbury Automotive Group, Inc., Asbury Ft. Worth Ford, LLC, Ali Benli, McDavid Frisco-Hon, LLC, McDavid Irving-Hon, LLC Attorney Megan Chester added to party Asbury Automotive Group, Inc.(pty:pla), Attorney Megan Chester added to party Asbury Ft. Worth Ford, LLC(pty:pla), Attorney Megan Chester added to party Ali Benli(pty:pla), Attorney Megan Chester added to party McDavid Frisco-Hon, LLC(pty:pla), Attorney Megan Chester added to party McDavid Irving-Hon, LLC(pty:pla) (Chester, Megan) |
| Filing 4 New Case Notes: A filing fee has been paid. File to: Judge O Connor. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (sre) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Asbury Automotive Group Inc, Asbury Fort Worth Ford, Ali Benli, David McDavid Honda of Irving, McDavid Frisco Honda LLC. (Clerk QC note: Affiliate entry indicated). (Attachments: #1 Exhibit(s) A) (Livengood, Brandon) |
| Filing 2 ADDITIONAL ATTACHMENTS to #1 Complaint,,,,, by Plaintiffs Asbury Automotive Group Inc, Asbury Fort Worth Ford, Ali Benli, David McDavid Honda of Irving, McDavid Frisco Honda LLC. (Attachments: #1 Exhibit(s) attachment to civil cover sheet) (Livengood, Brandon) |
| Filing 1 COMPLAINT against All Defendants filed by McDavid Frisco Honda LLC, Asbury Fort Worth Ford, David McDavid Honda of Irving, Asbury Automotive Group Inc, Ali Benli. (Filing fee $405; Receipt number ATXNDC-14969827) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must 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. (Livengood, Brandon) |
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