Xlear v. The United States Federal Trade Commission et al
| Xlear |
| The United States Federal Trade Commission and Andrew N Ferguson |
| 2:2025cv00484 |
| June 18, 2025 |
| U.S. District Court for the District of Utah |
| David Barlow |
| Cecilia M Romero |
| Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision |
| 05 U.S.C. § 0702 Administrative Procedure Act |
| None |
Docket Report
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This docket was last retrieved on July 27, 2026. A more recent docket listing may be available from PACER.
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Filing 21
AMENDED COMPLAINT against All Defendants. filed by Xlear. (Strassberg, Evan)
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Filing 20
ORDER granting #18 MOTION for Extension of Time to Amend Complaint; granting #18 MOTION for Extension of Time to File Response/Reply re #11 Defendant's MOTIONS to Dismiss. Amended Complaint or Response due by 12/12/2025. Signed by Magistrate Judge Cecilia M. Romero on 11/21/2025. (alf)
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Filing 19
Modification of Docket re #18 MOTION for Extension of Time : Error: The filing contains requests for two possible reliefs, therefore, both event types should have been selected at filing. Correction: Event type "MOTION for Extension of Time to File Response/Reply" added and linked to appropriate motion; docket text modified; and excess text removed. No further action is needed, second notification (see Modification of Docket 14). When filing, please review all event types and choose all that are applicable and follow system prompts. (alf)
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Filing 18
MOTION for Extension of Time to file Amended Complaint; or MOTION for Extension of Time to File Response/Reply re #11 MOTION to Dismiss filed by Plaintiff Xlear. (Attachments: #1 Text of Proposed Order Granting Unopposed Motion to Extend Deadline to Either Amend the Complaint or File Plaintiff's Opposition to Defendants' Motion to Dismiss) Motions referred to Cecilia M. Romero.(Strassberg, Evan). Added MOTION for Extension of Time to File Response/Reply on 11/21/2025 (alf), corrected docket text, linked to appropriate motion. (alf).
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Filing 17
DOCKET TEXT ORDER LIFTING STAY - The stay imposed under General Order 25-005 is lifted as of November 13, 2025, because government funding has been restored. Signed by Judge David Barlow on 11/19/2025. No attached document. (alf)
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Case Stayed per General Order 25-005. (alf)
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Filing 16
ORDER granting #13 Motion for Extension of Time to Amend Complaint OR #13 Motion for Extension of Time to File Response/Reply re #11 Defendant's MOTION to Dismiss. Amended Complaint or Response due 10/22/2025. Signed by Magistrate Judge Cecilia M. Romero on 9/10/2025. (alf).
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Filing 15
NOTICE OF AVAILABILITY OF JUDICIAL SETTLEMENT CONFERENCE. For the benefit of the public and the bar, the District of Utah offers judicial settlement conference as an alternative for dispute resolution assistance in all civil cases and bankruptcy adversary proceedings. The court offers this alternative because, when compared with litigation, it can resolve a dispute faster, at less expense, and with solutions that are better able to meet the parties' needs and interests. Parties may file a stipulated motion for judicial settlement conference. A form #motion is available on the court's website. Notice e-mailed or mailed to Defendants Andrew N Ferguson, The United States Federal Trade Commission, Plaintiff Xlear. (alf)
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Filing 14
Modification of Docket re #13 MOTION for Extension of Time: Error: The filing contains requests for two possible reliefs, therefore, both event types should have been selected at filing. Correction: Event type "MOTION for Extension of Time to File Response/Reply" added and linked to appropriate motion; docket text modified; and excess text removed. No further action is needed. When filing, please review all event types and choose all that are applicable and follow system prompts. (alf)
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Filing 13
MOTION for Extension of Time to file Amended Complaint; or MOTION for Extension of Time to File Response/Reply re #11 Motion to Dismiss (Unopposed) filed by Plaintiff Xlear. (Attachments: #1 Text of Proposed Order) Motions referred to Cecilia M. Romero.(Strassberg, Evan). Added MOTION for Extension of Time to File Response/Reply on 9/10/2025 (alf).
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Filing 12
NOTICE OF INELIGIBLE ATTORNEY -Attorney H. Thomas Byron III, for Defendants Andrew N Ferguson, The United States Federal Trade Commission, has been notified that he is not in active status or has not been admitted to practice in this court and can not practice before this court. (alf)
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Filing 11
MOTION to Dismiss for Lack of Jurisdiction and Memorandum in Support , Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Memorandum in Support filed by Defendants Andrew N Ferguson, The United States Federal Trade Commission. Attorney Matthew Michael Hoffman added to party Andrew N Ferguson(pty:dft), Attorney Matthew Michael Hoffman added to party The United States Federal Trade Commission(pty:dft)(Hoffman, Matthew) .
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Filing 10
SUMMONS Returned Executed by Xlear. served on The United States Federal Trade Commission on 06/24/2025. (Strassberg, Evan)
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Filing 9
SUMMONS Returned Executed by Xlear. served on Andrew N. Ferguson on 06/24/2025. (Strassberg, Evan)
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Filing 8
Summons Issued Electronically as to The United States Federal Trade Commission. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 7
Summons Issued Electronically as to Andrew N Ferguson. Instructions to Counsel:1. Click on the document number.2. If you are prompted for an ECF login, enter your 'Attorney' login to CM/ECF.3. Print the issued summons for service. (kec)
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Filing 6
ORDER granting #2 Motion for Admission Pro Hac Vice of Attorney Robert Housman for Xlear.Attorneys admitted Pro Hac Vice must register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html. Instructions are available at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing.A Pro Hac Vice Attorney who fails to register for CM/ECF access will not receive notifications of electronic filings.Attorneys admitted Pro Hac Vice may download a copy of the District of Utahs local rules from the courts web site at #https://www.utd.uscourts.gov/rules-practice. Signed by Magistrate Judge Cecilia M. Romero on 6/23/25. (jrj)
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Cecilia M. Romero under 28:636 (b)(1)(A), Magistrate Judge to hear and determine all nondispositive pretrial matters. No attached document. Signed by Judge David Barlow on 06/20/25. (crk)
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Filing 4
NOTICE OF INELIGIBLE ATTORNEY -Attorney John Snow, for Plaintiff Xlear, has been notified that he/she is not in active status or has not been admitted to practice in this court and can not practice before this court. (sg)
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Filing 3
NOTICE OF MAGISTRATE JUDGE AVAILABILITY TO PRESIDE OVER CASE- Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail at the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Xlear. (Notice generated by Clerks Office) Form due by 7/9/2025. (sg)
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Filing 2
MOTION for Admission Pro Hac Vice of Robert Housman , Registration fee $ 50, receipt number AUTDC-5462166,Attorneys awaiting Pro Hac Vice admission should immediately register to efile and receive electronic notification of case activity in the District of Utah at #https://www.pacer.uscourts.gov/cmecf/dcbk.html.Registration requests will not be approved until the court has granted the pro hac vice motion. Instructions are available on the court's website at #https://www.utd.uscourts.gov/cmecf-electronic-case-filing. filed by Plaintiff XLEAR, INC.. (Attachments: #1 Application for Pro Hac Vice Admission, #2 Text of Proposed Order Granting/Denying Pro Hac Vice Admission)(Strassberg, Evan)
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Filing 1
COMPLAINT against Andrew N Ferguson, The United States Federal Trade Commission (Filing fee $ 405, receipt number AUTDC-5462142) filed by XLEAR, INC.. (Attachments: #1 Civil Cover Sheet) (Strassberg, Evan)
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Judge David Barlow added. Case number will now read 2:25-cv-00484-DBB. Please make changes to document captions accordingly. (sg)
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