Ryan LLC v. Federal Trade Commission

3:24-cv-00986 | Texas Northern District Court

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Division Dallas
Judge Judge Ada Brown
Filed April 23, 2024
Terminated Aug. 20, 2024
Case Flags APPEAL, CLOSED, and STAYED
Nature of Suit 899 Administrative Procedure Act
Cause 15:0045 Federal Trade Commission Act
Jury Demand None
Last Updated: 8 hours ago Show Interactive Timeline
Filing Date # Docket Text
3/3/2025221
  • Motion to Withdraw as CounselGranted
ELECTRONIC ORDER granting 219 Motion to Withdraw as Attorney. Attorney Madeline Marie McMahon terminated. (Ordered by Judge Ada Brown on 3/3/2025) (chmb) (Entered: 03/03/2025)
3/3/2025220
  • Motion to Withdraw as CounselGranted
ELECTRONIC ORDER granting 218 Motion to Withdraw as Attorney. Attorney Taisa M. Goodnature terminated. (Ordered by Judge Ada Brown on 3/3/2025) (chmb) (Entered: 03/03/2025)
2/28/2025
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney filed by Federal Trade Commission (Attachments: # 1 Proposed Order) (McMahon, Madeline) (Entered: 02/28/2025)
2/28/2025
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney filed by Federal Trade Commission (Attachments: # 1 Proposed Order) (Goodnature, Taisa) (Entered: 02/28/2025)
1/17/2025217
  • Motion to Withdraw as CounselGranted
ELECTRONIC ORDER granting 216 Motion to Withdraw as Attorney. Attorney Tyler S Badgley terminated. (Ordered by Judge Ada Brown on 1/17/2025) (chmb) (Entered: 01/17/2025)
1/16/2025
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney Tyler Badgley filed by The Chamber of Commerce of the United States of America (Attachments: # 1 Proposed Order) (Badgley, Tyler) (Entered: 01/16/2025)
1/15/2025215
  • Motion to Withdraw as CounselGranted
ELECTRONIC ORDER granting 214 Motion to Withdraw as Attorney. Attorney Rachael Lynn Westmoreland terminated. (Ordered by Judge Ada Brown on 1/15/2025) (chmb) (Entered: 01/15/2025)
1/15/2025
  • Motion to Withdraw as Counsel
MOTION to Withdraw as Attorney filed by Federal Trade Commission (Attachments: # 1 Proposed Order) (Westmoreland, Rachael) (Entered: 01/15/2025)
11/25/2024Record on Appeal for USCA5 24-1951 (related to 213 appeal): Record consisting of: 1 ECF electronic record on appeal (eROA) is certified.
PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by contacting the appeals deputy in advance to arrange delivery. (axm) (Entered: 11/25/2024)
11/5/2024USCA Case Number 24-10951 in USCA5 for 213 Notice of Appeal filed by Federal Trade Commission. (axm) (Entered: 11/05/2024)
10/18/2024 NOTICE OF APPEAL as to 212 Judgment,, to the Fifth Circuit by Federal Trade Commission. T.O. form to appellant electronically at Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (Goodnature, Taisa) (Entered: 10/18/2024)
8/20/2024
  • Motion for JudgmentGranted
FINAL JUDGMENT - Having GRANTED Ryan and Plaintiff-Intervenors' Motions for Summary Judgment, (ECF Nos. 166, 168), and DENIED the FTC's Motion for Summary Judgment, (ECF No. 184), the Court has adjudicated all of Plaintiffs' claims. The Court sets aside the Non-Compete Rule, 16 C.F.R. § 910.1.6, and the Rule shall not be enforced or otherwise take effect on September 4, 2024, or thereafter. This is a final and appealable judgment. See Fed. R. Civ. P. 54. All relief not expressly granted is denied. (Ordered by Judge Ada Brown on 8/20/2024) (chmb) (Entered: 08/20/2024)
8/20/2024
  • Order
MEMORANDUM OPINION AND ORDER - Before the Court is (i) Plaintiff Ryan, LLC's ("Ryan") and Plaintiff-Intervenors' the Chamber of Commerce of the United States of America, Business Roundtable, Texas Association of Business, and Longview Chamber of Commerce's ("Plaintiff-Intervenors") (referred collectively with Ryan as "Plaintiffs") Motions for Summary Judgment (ECF Nos. 166, 168); and (ii) the Federal Trade Commission's ("FTC" or the "Commission") Cross-Motion for Summary Judgment, (ECF No. 184). All Parties seek summary judgment on all of Plaintiffs' claims concerning the FTC's "Non-Compete Rule" (sometimes referred to as the "Rule"), 16 C.F.R. § 910.1.6, which makes most non-compete agreements unenforceable. After careful consideration of the motions, briefing, appendix, and applicable law, the Court (i) GRANTS Plaintiffs' Motions for Summary Judgment, and (ii) DENIES the FTC's Cross-Motion for Summary Judgment.

The Court sets aside the Non-Compete Rule. Consequently, the Rule shall not be enforced or otherwise take effect on its effective date of September 4, 2024 or thereafter. (Ordered by Judge Ada Brown on 8/20/2024) (chmb) (Entered: 08/20/2024)

8/16/2024Appendix in Support filed by Federal Trade Commission re 168 MOTION for Summary Judgment , 184 MOTION for Summary Judgment , 166 MOTION for Summary Judgment (Goodnature, Taisa) (Entered: 08/16/2024)
8/16/2024
  • Motion for Summary Judgment
REPLY filed by Federal Trade Commission re: 184 MOTION for Summary Judgment (Goodnature, Taisa) (Entered: 08/16/2024)
8/15/2024Supplemental Document by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America Plaintiff and Plaintiff-Intervenors' Notice of Supplemental Authority. (Attachments: # 1 Exhibit(s) A) (Sayles, Robert) (Entered: 08/15/2024)
8/12/2024BRIEF OF AMICUS CURIAE OF THE SOCIETY FOR HUMAN RESOURCE MANAGEMENT IN SUPPORT OF PLAINTIFF-INTERVENORS' 166 , 168 MOTIONS FOR SUMMARY JUDGMENT AND IN OPPOSITION TO DEFENDANT'S 184 MOTION FOR SUMMARY JUDGMENT. (kcr) (Entered: 08/12/2024)
8/12/2024
  • OrderGranted
ORDER granting 201 Unopposed Motion of the Society for HumanResource Management for leave to file a brief amicus curiae in support ofPlaintiff's and Intervenors' Motions for Summary Judgment and in Opposition tothe FTC's Motion for Summary Judgment. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 8/12/2024) (kcr) (Entered: 08/12/2024)
8/9/2024Brief/Memorandum in Support filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America re 204 Response/Objection, 168 MOTION for Summary Judgment Combined Brief In Support of Plaintiff-Intervenors' Motion for Summary Judgment and Opposition to Commission's Cross-Motion for Summary Judgment (Sayles, Robert) (Entered: 08/09/2024)
8/9/2024
  • Responseby Π
RESPONSE filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America re: 184 MOTION for Summary Judgment (Sayles, Robert) (Entered: 08/09/2024)
8/9/2024
  • Motion for Summary Judgmentby Π
Brief/Memorandum in Support filed by Ryan LLC re 202 Reply (Consolidated Reply Brief in Support of Its Motion for Summary Judgment and in Opposition to Defendant's Motion for Summary Judgment) (Ho, Allyson) (Entered: 08/09/2024)
8/9/2024
  • Motion for Summary Judgment
RESPONSE filed by Ryan LLC re: 184 MOTION for Summary Judgment , 166 MOTION for Summary Judgment (Ho, Allyson) Modified event text on 8/9/2024 (kcr). (Entered: 08/09/2024)
8/9/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Brief Amicus Curae ISO Plaintiff's MSJ and in Opp to FTC's MSJ filed by Society for Human Resource Management with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Amicus Brief ISO MSJ, # 2 Proposed Order Proposed Order Granting Unopposed Motion for Leave to File Amicus Brief) (Macaluso, Tricia) (Entered: 08/09/2024)
8/8/2024BRIEF OF AMICI CURIAE in Support of Defendant's 184 Motion for Summary Judgment and OPPOSITION to 166 , 168 Motions for Summary Judgment filed by NYU Langone Health (agc) (Entered: 08/08/2024)
8/8/2024
  • Motion to File BriefGranted
ORDER granting 198 Motion for Leave to File Amicus Curiae Brief Supporting FTC's Motion for Summary Judgment and Opposition to Pltf's Motions for Summary Judgment. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 8/8/2024) (agc) (Entered: 08/08/2024)
8/7/2024
  • Motion to File
Unopposed MOTION for Leave to File Amicus Curiae BriefSupporting FTC's Motion for Summary Judgment and Opposition to Pltf's Motions for Summary Judgment filed by NYU Langone Health (Attachments: # 1 Proposed Order Order Granting MFL, # 2 Exhibit(s) Exhibit A)Attorney Meagan Martin Powers added to party NYU Langone Health(pty:mov) (Powers, Meagan) (Entered: 08/07/2024)
8/7/2024197
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 194 Application for Admission Pro Hac Vice of Jodyann Galvin. 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 Ada Brown on 8/7/2024) (chmb) (Entered: 08/07/2024)
8/6/2024BRIEF OF AMICI CURIAE in Support of Defendant's 184 Motion for Summary Judgment and OPPOSITION to 166 , 168 Motions for Summary Judgment filed by National Employment Law Project, Public Citizen. (axm) (Entered: 08/06/2024)
8/6/2024
  • Motion to File BriefGranted
ORDER granting 187 Unopposed Motion for Leave to File a Brief as Amici Curiae. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 8/6/2024) (axm) (Entered: 08/06/2024)
8/6/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14818523) filed by NYU Langone Health (Attachments: # 1 Exhibit(s) Certificate of Good Standing). Party NYU Langone Health added.Attorney Jodyann Galvin added to party NYU Langone Health(pty:am) (Galvin, Jodyann) (Entered: 08/06/2024)
8/6/2024193
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 191 Application for Admission Pro Hac Vice of Nina E. DiSalvo. 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 Ada Brown on 8/6/2024) (chmb) (Entered: 08/06/2024)
8/6/2024192
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 190 Application for Admission Pro Hac Vice of David H. Seligman. 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 Ada Brown on 8/6/2024) (chmb) (Entered: 08/06/2024)
8/5/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Nina Disalvo (Filing fee $100; Receipt number ATXNDC-14816530) filed by Texas American Federation of Labor and Congress of Industrial Organizations (Texas AFL-CIO) (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Tremain, Ashley) (Entered: 08/05/2024)
8/5/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14816354) filed by Texas American Federation of Labor and Congress of Industrial Organizations (Texas AFL-CIO) (Attachments: # 1 Additional Page(s) Certificate of Good Standing, # 2 Additional Page(s) Certificate of Good Standing, # 3 Additional Page(s) Certificate of Good Standing, # 4 Proposed Order for Admission Pro Hac Vice)Attorney David Seligman added to party Texas American Federation of Labor and Congress of Industrial Organizations (Texas AFL-CIO)(pty:mov) (Seligman, David) (Entered: 08/05/2024)
8/5/2024Brief/Memorandum in Support filed by Federal Trade Commission re 186 Brief/Memorandum in Support of Motion AMENDED (Westmoreland, Rachael) (Entered: 08/05/2024)
8/5/2024NOTICE of Errata re: 186 Brief/Memorandum in Support of Motion filed by Federal Trade Commission (Westmoreland, Rachael) (Entered: 08/05/2024)
8/5/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Amicus Brief in Support of Defendant's Motion for Summary Judgment and in Opposition to Plaintiff and Plaintiff-Intervenors' Motions for Summary Judgment filed by National Employment Law Project, Public Citizen (Attachments: # 1 Proposed Amicus Brief, # 2 Proposed Order) (Liu, Wendy) (Entered: 08/05/2024)
8/2/2024Brief/Memorandum in Support filed by Federal Trade Commission re 185 Response/Objection, 184 MOTION for Summary Judgment (Westmoreland, Rachael) (Entered: 08/02/2024)
8/2/2024
  • Motion for Summary Judgment
RESPONSE filed by Federal Trade Commission re: 168 MOTION for Summary Judgment , 166 MOTION for Summary Judgment (Westmoreland, Rachael) (Entered: 08/02/2024)
8/2/2024
  • Motion for Summary Judgment
MOTION for Summary Judgment filed by Federal Trade Commission (Attachments: # 1 Proposed Order) (Westmoreland, Rachael) (Entered: 08/02/2024)
7/29/2024Amici Curiae Brief in Support re 168 MOTION for Summary Judgment, 166 MOTION for Summary Judgment filed by American Hospital Association, Federation of American Hospitals. (kcr) (Entered: 07/29/2024)
7/29/2024
  • Motion to File BriefGranted
ORDER granting 178 Consent MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's and Plaintiff-Intervenors' Motions for Summary Judgment. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 7/29/2024) (kcr) (Entered: 07/29/2024)
7/29/2024BRIEF AMICUS CURIAE in Support re 168 MOTION for Summary Judgment 166 MOTION for Summary Judgment filed by American Property Casualty Insurance Association. (kcr) (Entered: 07/29/2024)
7/29/2024
  • Motion to File BriefGranted
ORDER granting 177 Unopposed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff's and Intervenors' Motions for Summary Judgment. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 7/29/2024) (kcr) (Entered: 07/29/2024)
7/29/2024179
  • OrderGranted
ELECTRONIC ORDER granting 173 Motion. Before the Court is the Unopposed Motion of Amici Curiae the American Hospital Association and the Federation of American Hospitals for Leave to Proceed Without Local Counsel. Having considered the motion, the Court finds that it is well taken and GRANTS the motion. It is therefore ORDERED that amici curiae may proceed in this matter without local counsel. (Ordered by Judge Ada Brown on 7/29/2024) (chmb) (Entered: 07/29/2024)
7/26/2024
  • Motion to File Brief
Consent MOTION for Leave to File Amici Curiae Brief in Support of Plaintiff's and Plaintiff-Intervenors' Motions for Summary Judgment filed by American Hospital Association, Federation of American Hospitals (Attachments: # 1 Exhibit(s) Proposed Amici Curiae Brief, # 2 Proposed Order) (Pagonis, Katrina) (Entered: 07/26/2024)
7/26/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff's and Intervenors' Motions for Summary Judgment filed by American Property Casualty Insurance Association (Attachments: # 1 Proposed Order Proposed Order Granting Leave to File, # 2 Brief Amicus Curiae of American Property Casualty Insurance Association) (Howard, Paul) (Entered: 07/26/2024)
7/26/2024176
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 172 Application for Admission Pro Hac Vice of Katrina A. Pagonis. 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 Ada Brown on 7/26/2024) (chmb) (Entered: 07/26/2024)
7/26/2024175
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 171 Application for Admission Pro Hac Vice of Kelly A. Carroll. 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 Ada Brown on 7/26/2024) (chmb) (Entered: 07/26/2024)
7/26/2024174
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 170 Application for Admission Pro Hac Vice of Paul A. Howard, II. 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 Ada Brown on 7/26/2024) (chmb) (Entered: 07/26/2024)
7/25/2024
  • Motion
MOTION for Leave to Proceed Without Local Counsel (Unopposed) filed by American Hospital Association, Federation of American Hospitals (Attachments: # 1 Proposed Order) (Pagonis, Katrina) (Entered: 07/25/2024)
7/25/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14792374) filed by American Hospital Association, Federation of American Hospitals (Attachments: # 1 Proposed Order)Attorney Katrina A Pagonis added to party American Hospital Association(pty:am), Attorney Katrina A Pagonis added to party Federation of American Hospitals(pty:am) (Pagonis, Katrina) (Entered: 07/25/2024)
7/25/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14792286) filed by American Hospital Association, Federation of American Hospitals (Attachments: # 1 Proposed Order). Party American Hospital Association added.Attorney Kelly Anne Carroll added to party American Hospital Association(pty:am), Attorney Kelly Anne Carroll added to party Federation of American Hospitals(pty:am) (Carroll, Kelly) (Entered: 07/25/2024)
7/24/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14789394) filed by American Property Casualty Insurance Association (Attachments: # 1 Exhibit(s) Certificate of Good Standing). Party American Property Casualty Insurance Association added.Attorney Paul Arthur Howard, II added to party American Property Casualty Insurance Association(pty:am) (Howard, Paul) (Entered: 07/24/2024)
7/19/2024Brief/Memorandum in Support filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America re 168 MOTION for Summary Judgment (Attachments: # 1 Appendix) (Sayles, Robert) (Entered: 07/19/2024)
7/19/2024
  • Motion for Summary Judgmentby Π
MOTION for Summary Judgment filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America (Attachments: # 1 Proposed Order) (Sayles, Robert) (Entered: 07/19/2024)
7/19/2024
  • Motion for Summary Judgmentby Π
Brief/Memorandum in Support filed by Ryan LLC re 166 MOTION for Summary Judgment (Ho, Allyson) (Entered: 07/19/2024)
7/19/2024
  • Motion for Summary Judgmentby Π
MOTION for Summary Judgment filed by Ryan LLC (Ho, Allyson) (Entered: 07/19/2024)
7/19/2024165
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 164 Application for Admission Pro Hac Vice of Elizabeth Dougherty. 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 Ada Brown on 7/19/2024) (chmb) (Entered: 07/19/2024)
7/18/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Elizabeth Dougherty (Filing fee $100; Receipt number ATXNDC-14774010) filed by Business Roundtable (Sayles, Robert) (Entered: 07/18/2024)
7/11/2024
  • Order
ORDER: Before the Court is Defendant's Unopposed Motion to Amend Briefing Schedule. (ECF No. 162). After consideration of the Motion, the Court hereby GRANTS the Motion to Amend. Defendant shall file its consolidated cross-motion for summary judgment and opposition to Plaintiff and Plaintiff-Intervenors' motions for summary judgment by August 2, 2024. The briefing schedule set forth in the Court's July 10, 2024, Order, (ECF No. 156), setting the briefing schedule otherwise remains in effect. Thus, the amended briefing schedule for the merits disposition of this proceeding is set as follows:

Plaintiff's and Plaintiff Intervenors' motions for summary judgment due by July 19, 2024. (10,000 Words (Each)).

Defendant's consolidated cross-motion for summary judgment and opposition to Plaintiff's and Plaintiff Intervenors' motions for summary judgment due by August 2, 2024 (20,000 Words).

Plaintiff's and Plaintiff Intervenors' consolidated oppositions to Defendant's motion for summary judgment and replies in support of Plaintiff's and Plaintiff-Intervenors' motions for summary judgment due by August 9, 2024 (5,000 Words (Each)).

Defendant's reply in support of its motion for summary judgment due by August 16, 2024 (10,000 Words).

Joint Appendix due by August 16, 2024 (Word Limit Not Applicable).

The Court intends to enter its merits disposition on or before August 30, 2024. (Ordered by Judge Ada Brown on 7/11/2024) (chmb) (Entered: 07/11/2024)

7/11/2024Unopposed MOTION to Amend/Correct 156 Order Setting Deadline/Hearing,,,, filed by Federal Trade Commission (Attachments: # 1 Proposed Order) (Goodnature, Taisa) (Entered: 07/11/2024)
7/11/2024
  • Order
ORDER - Before the Court is Plaintiff and Plaintiff-Intervenors' Expedited Motion for Limited Reconsideration of the Scope of Preliminary Relief, (ECF No. 157), and Plaintiff and Plaintiff-Intervenors' Motion for Expedited Consideration of their Motion for Limited Reconsideration of the Scope of Preliminary Relief, (ECF No. 159). The Court has reviewed both motions and the FTC's response, (ECF No. 160), and concludes that Plaintiff and Plaintiff-Intervenors have not shown themselves entitled to the respective relief requested. The Court hereby DENIES each motion in its entirety. (Ordered by Judge Ada Brown on 7/11/2024) (chmb) Modified on 7/11/2024 (chmb). (Entered: 07/11/2024)
7/11/2024
  • Motion to Expedite
RESPONSE filed by Federal Trade Commission re: 159 MOTION to Expedite (Goodnature, Taisa) (Entered: 07/11/2024)
7/10/2024
  • Motion to Expediteby Π
MOTION to Expedite filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America (Attachments: # 1 Proposed Order) (Sayles, Robert) (Entered: 07/10/2024)
7/10/2024ADDITIONAL ATTACHMENTS to 157 Motion for Reconsideration by Intervenor Plaintiffs Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America. (Sayles, Robert) (Entered: 07/10/2024)
7/10/2024
  • Motion for Reconsideration
Expedited MOTION for Limited Reconsideration of the Scope of Preliminary Relief filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America (Sayles, Robert) Modified text to reflect document on 7/11/2024 (ykp). (Entered: 07/10/2024)
7/10/2024
  • Order
ORDER: Before the Court is the Parties' Joint Status Report. (ECF No. 155). After consideration of the Joint Status Report, the Court sets the briefing scheduling for the merits disposition of this proceeding as follows:

Plaintiff's and Plaintiff Intervenors' motions for summary judgment due by July 19, 2024. (10,000 Words (Each)).

Defendant's consolidated cross-motion for summary judgment and opposition to Plaintiff's and Plaintiff Intervenors' motions for summary judgment due by July 26, 2024 (20,000 Words).

Plaintiff's and Plaintiff Intervenors' consolidated oppositions to Defendant's motion for summary judgment and replies in support of Plaintiff's and Plaintiff-Intervenors' motions for summary judgment due by August 9, 2024 (5,000 Words (Each)).

Defendant's reply in support of its motion for summary judgment due by August 16, 2024 (10,000 Words).

Joint Appendix due by August 6, 2024 (Word Limit Not Applicable).

The Court intends to enter its merits disposition on or before August 30, 2024. (Ordered by Judge Ada Brown on 7/10/2024) (chmb) (Entered: 07/10/2024)

7/9/2024Joint STATUS REPORT filed by Ryan LLC. (Ho, Allyson) (Entered: 07/09/2024)
7/3/2024 PRELIMINARY INJUNCTION - By separate Memorandum Opinion and Order of this same date, the Court has determined that (i) Plaintiff and Plaintiff-Intervenors (referred collectively as Plaintiffs) are substantially likely to prevail on the merits of their challenge to the FTC's Non-Compete Rule under the Administrative Procedure Act, 5 U.S.C. § 706; (ii) Plaintiffs will suffer irreparable harm if no preliminary injunction issues; (iii) the balance of harms favors the Plaintiffs; and (iv) the public interest favors issuance of a preliminary injunction. The Court therefore enters the following preliminary injunction (i) to take effect today and (ii) to continue effect until the Court's decision on the merits.

IT IS ORDERED THAT:

1. The Federal Trade Commission (FTC) and its respective agents, servants, employees, and attorneys, and all persons acting in concert with the FTC are wholly enjoined from implementation of or enforcement of the Non-Compete Rule-16 C.F.R. § 910.1-.6-against Plaintiff Ryan, LLC, from the date of this order to the Courts final adjudication on the merits. The Court hereby stays the effective date of the Rule as to Plaintiff Ryan, LLC.

2. The Federal Trade Commission (FTC) and its respective agents, servants, employees, and attorneys, and all persons acting in concert with the FTC are wholly enjoined from implementation of or enforcement of the Non-Compete Rule-16 C.F.R. § 910.1-.6-against Plaintiff Intervenors: Chamber of Commerce of the United States of America; Business Roundtable; Texas Association of Business; and Longview Chamber of Commerce, from the date of this order to the Court's final adjudication on the merits.

Pursuant to Federal Rule of Civil Procedure 65(c), the Court waives the requirement of a bond. See Fed. R. Civ. P. 65(c). (Ordered by Judge Ada Brown on 7/3/2024) (chmb) (Entered: 07/03/2024)

7/3/2024
  • Motion to StayGranted
MEMORANDUM OPINION AND ORDER - It is ORDERED that Plaintiffs' and Plaintiff-Intervenors' Motions for Stay of Effective Date and Preliminary Injunction are GRANTED, as limited in the Preliminary Injunction Order to follow. (ECF Nos. 23, 46). Thus, the effective date of the Non-Compete Rule is STAYED, and the FTC is hereby ENJOINED from implementing or enforcing the Non-Compete Rule, as limited in the Preliminary Injunction Order to follow. The Court enters the following scheduling order:

IT IS ORDERED THAT:

1. The Court previously granted leave regarding a joint status report on the next steps of the casewith regard to schedulingon June 25, 2024. In light of the Courts determinations hereabove, the Court herein MODIFIES the deadline for a joint status report to Tuesday July 9, 2024. The Court anticipates the joint status report to include deadlines for: (i) the FTCs deadlines to file responsive pleadings; (ii) the Parties amended pleading(s) deadlines, if any; (iii) further filing(s) of the administrative record; 16 and (iv) the Parties respective briefing on the merits.

2. With regard to scheduling, the Court intends to enter a merits disposition on this action on or before August 30, 2024. (Ordered by Judge Ada Brown on 7/3/2024) (chmb) (Main Document 153 replaced on 7/4/2024) (chmb). (Entered: 07/03/2024)

6/29/2024PLAINTIFF AND PLAINTIFF-INTERVENORS NOTICE OF SUPPLEMENTAL AUTHORITIES by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B) (Sayles, Robert) Modified text on 7/1/2024 (kaf). (Entered: 06/29/2024)
6/25/2024
  • OrderGranted
ORDER granting 150 MOTION (Joint) to Suspend Defendant's Responsive Pleading Deadlines Defendant's. deadlines to file responsive pleadings toPlaintiff's and Plaintiff-Intervenors' operative complaints are suspended, and the parties are further directed to file a joint status report proposing next steps in the case within fourteen days of this Court's decision on the pending motions for a stay of effective date and preliminary injunction. (Ordered by Judge Ada Brown on 6/25/2024) (ykp) (Entered: 06/25/2024)
6/25/2024
  • Motion
MOTION (Joint) to Suspend Defendant's Responsive Pleading Deadlines filed by Federal Trade Commission (Attachments: # 1 Proposed Order) (Mody, Arjun) (Entered: 06/25/2024)
6/14/2024Appendix in Support filed by Ryan LLC re 23 MOTION to Stay Effective Date and for Preliminary Injunction, 46 MOTION to Stay Effective Date and for Preliminary Injuction (Joint Appendix) (Ho, Allyson) (Entered: 06/14/2024)
6/13/2024
  • Order
ORDER: The Court DENIES the request for a hearing on injunctive relief. The Court shall determine the request(s) for injunctive relief on the Parties filed briefing. (Ordered by Judge Ada Brown on 6/13/2024) (cfk) (Entered: 06/13/2024)
6/12/2024Brief/Memorandum in Support filed by The Chamber of Commerce of the United States of America re 46 MOTION to Stay Effective Date and for Preliminary Injunction (Sayles, Robert) Modified linkage on 6/13/2024 (ndt). (Entered: 06/12/2024)
6/12/2024
  • Motion to Stay
REPLY filed by Ryan LLC re: 46 MOTION to Stay Effective Date and for Preliminary Injunction (Ho, Allyson) Modified on linkage 6/13/2024 (ndt). (Entered: 06/12/2024)
6/12/2024145
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 143 Application for Admission Pro Hac Vice of Eushrah Hossain. 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 Ada Brown on 6/12/2024) (chmb) (Entered: 06/12/2024)
6/12/2024144
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 142 Application for Admission Pro Hac Vice of Joshua A. Rosenthal. 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 Ada Brown on 6/12/2024) (chmb) (Entered: 06/12/2024)
6/11/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Eushrah Hossain (Filing fee $100; Receipt number ATXNDC-14685535) filed by Twelve Texas Local Elected Officials (Attachments: # 1 Proposed Order Proposed Order) (Nicholson, Darren) Modified filer on 6/12/2024 (cfk). (Entered: 06/11/2024)
6/11/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Joshua A. Rosenthal (Filing fee $100; Receipt number ATXNDC-14685467) filed by William Araiza, Legal Scholars, Jeffrey Lubbers, Peter M. Shane, Small Business Majority Foundation, Society for Human Resource Management, Texas American Federation of Labor and Congress of Industrial Organizations (Texas AFL-CIO), The American Investment Council, The Futures Industry Association, The Managed Funds Association, The Securities Industry and Financial Markets Association (Attachments: # 1 Proposed Order Proposed Order)Attorney Darren P Nicholson added to party William Araiza(pty:am), Attorney Darren P Nicholson added to party Jeffrey Lubbers(pty:am), Attorney Darren P Nicholson added to party Peter M. Shane(pty:am), Attorney Darren P Nicholson added to party Small Business Majority Foundation(pty:am), Attorney Darren P Nicholson added to party Society for Human Resource Management(pty:am), Attorney Darren P Nicholson added to party Texas American Federation of Labor and Congress of Industrial Organizations (Texas AFL-CIO)(pty:am), Attorney Darren P Nicholson added to party The American Investment Council(pty:am), Attorney Darren P Nicholson added to party The Futures Industry Association(pty:am), Attorney Darren P Nicholson added to party The Managed Funds Association(pty:am), Attorney Darren P Nicholson added to party The Securities Industry and Financial Markets Association(pty:am) (Nicholson, Darren) (Entered: 06/11/2024)
6/10/2024NOTICE of Attorney Appearance by Jesse Maughan Coleman on behalf of Society for Human Resource Management. (Filer confirms contact info in ECF is current.) (Coleman, Jesse) (Entered: 06/10/2024)
6/5/2024BRIEF AMICUS CURIAE filed by American Academy of Emergency Medicine re 23 MOTION to Stay Effective Date and for Preliminary Injunction, 46 MOTION to Stay Effective Date and for Preliminary Injuction. (kcr) (Entered: 06/05/2024)
6/5/2024
  • Motion to File BriefGranted
ORDER granting 132 Unopposed MOTION for Leave to File Brief of American Academy of Emergency Medicine. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 6/5/2024) (kcr) (Entered: 06/05/2024)
6/5/2024AMICUS BRIEF OF SMALL BUSINESS MAJORITY AND PROFESSOR EVAN STARR re 23 MOTION to Stay Effective Date and for Preliminary Injunction, 46 MOTION to Stay Effective Date and for Preliminary Injuction. (kcr) (Entered: 06/05/2024)
6/5/2024
  • Motion to File BriefGranted
ORDER granting 125 Unopposed Motion for Leave to File a Brief as Amici Curiae. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 6/5/2024) (kcr) (Entered: 06/05/2024)
6/5/2024136
  • OrderGranted
ELECTRONIC ORDER granting 131 Motion. Upon consideration of the motion of amicus curiae for leave to proceed without local counsel, IT IS HEREBY ORDERED that the motion is granted, and amicus are excused from the requirement of Local Rule 83.10 to obtain local counsel. (Ordered by Judge Ada Brown on 6/5/2024) (chmb) (Entered: 06/05/2024)
6/5/2024135
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 130 Application for Admission Pro Hac Vice of Jamie W. Crooks. 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 Ada Brown on 6/5/2024) (chmb) (Entered: 06/05/2024)
6/5/2024134
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 129 Application for Admission Pro Hac Vice of Amanda G. Lewis. 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 Ada Brown on 6/5/2024) (chmb) (Entered: 06/05/2024)
6/5/2024133
  • Motion to FileGranted
ELECTRONIC ORDER granting 126 Motion for Leave to File. Before the Court is the Small Business Majority and Evan Starr's Unopposed Motion for Leave to Proceed Without Local, IT IS HEREBY ORDERED that the motion is granted, and Amici Small Business Majority and Evan Starr are excused from the requirement of Local Rule 83.10 to obtain local counsel. (Ordered by Judge Ada Brown on 6/5/2024) (chmb) (Entered: 06/05/2024)
6/5/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Brief of American Academy of Emergency Medicine in Support of Defendant and in Opposition to Plaintiff's and Intervenors' Motions for Stay of Effective Date and Preliminary Injunction filed by American Academy of Emergency Medicine (Attachments: # 1 Exhibit(s), # 2 Proposed Order) (Lewis, Amanda) (Entered: 06/05/2024)
6/5/2024
  • Motion
MOTION to Waive Local Counsel Requirement re 129 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14670119) filed by American Academy of Emergency Medicine (Attachments: # 1 Proposed Order) (Lewis, Amanda) (Entered: 06/05/2024)
6/5/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14670307) filed by Small Business Majority Foundation (Attachments: # 1 Certificate of Good Standing) (Crooks, Jamie) (Entered: 06/05/2024)
6/5/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14670119) filed by American Academy of Emergency Medicine (Attachments: # 1 Certificate of Good Standing). Party American Academy of Emergency Medicine added.Attorney Amanda Gale Lewis added to party American Academy of Emergency Medicine(pty:mov) (Lewis, Amanda) (Entered: 06/05/2024)
6/4/2024AMICUS BRIEF OF U.S. REPRESENTATIVE MATT GAETZ IN SUPPORT OF DEFENDANT FEDERAL TRADE COMMISSION. (agc) (Entered: 06/05/2024)
6/4/2024
  • Motion to File BriefGranted
ORDER granting 118 Unopposed MOTION for Leave to File Amicus Brief in Support. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 6/4/2024) (agc) (Entered: 06/05/2024)
6/4/2024
  • Motion to File
Unopposed MOTION for Leave to File Without Local Counsel filed by Small Business Majority Foundation with Brief/Memorandum in Support. (Crooks, Jamie) (Entered: 06/04/2024)
6/4/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Amicus Brief in Support of Defendant FTC filed by Small Business Majority Foundation with Brief/Memorandum in Support. (Attachments: # 1 Exhibit(s) Proposed Amicus Brief)Attorney Jamie Crooks added to party Small Business Majority Foundation(pty:am) (Crooks, Jamie) (Entered: 06/04/2024)
6/4/2024124
  • OrderGranted
ELECTRONIC ORDER granting 122 Motion. Upon consideration of the motion of Amicus Curiae Members of Congress Matt Gaetz for leave to proceed without local counsel, IT IS HEREBY ORDERED that the motion is granted, and Amicus Matt Gaetz is excused from the requirement of Local Rule 83.10 to obtain local counsel (Ordered by Judge Ada Brown on 6/4/2024) (chmb) (Entered: 06/04/2024)
6/4/2024123
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 119 Application for Admission Pro Hac Vice of Andrew Kloster. 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 Ada Brown on 6/4/2024) (chmb) (Entered: 06/04/2024)
6/4/2024
  • Motion
MOTION Waive Local Counsel Requirement re 119 Application for Admission Pro Hac Vice without Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Matt Gaetz with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order) (Kloster, Andrew) (Entered: 06/04/2024)
6/4/2024BRIEF OF AMICI CURIAE PROFESSORS IN SUPPORT OF DEFENDANT THE FEDERAL TRADE COMMISSION'S OPPOSITION TO PLAINTIFF'S AND INTERVENORS' MOTIONS FOR A PRELIMINARY INJUNCTION filed by Amici Curiae Law Professors re 23 MOTION to Stay Effective Date and for Preliminary Injunction, 46 MOTION to Stay Effective Date and for Preliminary Injuction. (kcr) (Entered: 06/04/2024)
6/4/2024
  • Motion to File BriefGranted
ORDER granting 117 Unopposed MOTION for Leave to File Brief of Amici Curiae Professor. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 6/4/2024) (kcr) (Entered: 06/04/2024)
6/4/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice without Certificate of Good Standing (Clerk Note: Filer states no fee is to be collected due to prior payment or waiver by MO 16 or prior order.) filed by Matt Gaetz (Kloster, Andrew) (Entered: 06/04/2024)
6/4/2024
  • Motion to File
Unopposed MOTION for Leave to File Amicus Briefin Support of Defendant Federal Trade Commission filed by Matt Gaetz with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Exhibit(s)). Party Matt Gaetz added.Attorney Andrew Kloster added to party Matt Gaetz(pty:am) (Kloster, Andrew) (Entered: 06/04/2024)
6/3/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Brief of Amici Curiae Professors filed by Amici Curiae Law Professors (Attachments: # 1 Proposed Brief, # 2 Proposed Order) (Malone, Phillip) (Entered: 06/03/2024)
6/3/2024116
  • OrderGranted
ELECTRONIC ORDER granting 99 Motion. Before the Court is the Motion to Proceed Without Local Counsel filed by Professors William Araiza, Jeffrey Lubbers, and Peter M. Shane. The motion is hereby GRANTED. It is therefore ORDERED that amici curiae may proceed in this matter without local counsel. (Ordered by Judge Ada Brown on 6/3/2024) (chmb) (Entered: 06/03/2024)
6/3/2024
  • Motion for Preliminary Injunction
BRIEF OF LEGAL SCHOLARS AS AMICI CURIAE IN SUPPORT OF DEFENDANT FEDERAL TRADE COMMISSION'S OPPOSITION TO PLAINTIFF'S AND INTERVENORS' 23 , 46 MOTIONS FOR A PRELIMINARY INJUNCTION. (agc) (Entered: 06/03/2024)
6/3/2024
  • Motion to File BriefGranted
ORDER granting 111 Unopposed MOTION for Leave to File a Brief of Legal Scholars as Amici Curiae in Support of Defendant Federal Trade Commission's Opposition to Plaintiff's and Intervenors' Motions for a Preliminary Injunction. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 6/3/2024) (agc) (Entered: 06/03/2024)
6/3/2024BRIEF OF AMICUS CURIAE TEXAS AFL-CIO IN SUPPORT OF DEFENDANT'S RESPONSE TO PLAINTIFFS' 23 , 46 MOTIONS FOR STAY OF EFFECTIVE DATE AND PRELIMINARY INJUNCTION. (agc) (Entered: 06/03/2024)
6/3/2024
  • Motion to File BriefGranted
ORDER granting 109 Motion for Leave to File Brief as Amici Curiae in Opposition to the Pending Motions for Stay of Effective Date or Preliminary Injunction. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 6/3/2024) (agc) (Entered: 06/03/2024)
5/31/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File a Brief of Legal Scholars as Amici Curiae in Support of Defendant Federal Trade Commission's Opposition to Plaintiff's and Intervenors' Motions for a Preliminary Injunction filed by Legal Scholars (Attachments: # 1 Proposed Order, # 2 Brief of Amici Curiae). Party Legal Scholars added.Attorney Darren P Nicholson added to party Legal Scholars(pty:am) (Nicholson, Darren) (Entered: 05/31/2024)
5/31/2024NOTICE of Corrected Amicus Brief re: 68 Unopposed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff's and Plaintiffs-Intervenors' Motions to Stay Effective Date and for Preliminary Injunction, 71 Order on Motion for Leave to File filed by The Partnership for New York City (Lynch, Christopher) (Entered: 05/31/2024)
5/31/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File a Brief as Amici Curiae in Opposition to the Pending Motions for Stay of Effective Date or Preliminary Injunction filed by Texas American Federation of Labor and Congress of Industrial Organizations (Texas AFL-CIO) (Attachments: # 1 Exhibit(s), # 2 Proposed Order). Party Texas American Federation of Labor and Congress of Industrial Organizations (Texas AFL-CIO) added.Attorney Ashley E Tremain added to party Texas American Federation of Labor and Congress of Industrial Organizations (Texas AFL-CIO)(pty:am) (Tremain, Ashley) (Entered: 05/31/2024)
5/31/2024PROPOSED BRIEF OF TWELVE TEXAS LOCAL ELECTED OFFICIALSAS AMICI CURIAE IN OPPOSITION TO THE PENDING 23 MOTIONS FORSTAY OF EFFECTIVE DATE OR PRELIMINARY INJUNCTION. (kcr) (Entered: 05/31/2024)
5/31/2024
  • Motion to File BriefGranted
ORDER granting 101 MOTION for Leave to File a Brief as Amici Curiae in Opposition to the Pending Motions for Stay of Effective Date or Preliminary Injunction. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 5/31/2024) (kcr) (Entered: 05/31/2024)
5/31/2024BRIEF OF AMICI CURIAE ADMINISTRATIVE LAW SCHOLARS IN SUPPORT OF DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTIONS FOR STAY OF EFFECTIVE DATE ANDPRELIMINARY INJUNCTION. (kcr) (Entered: 05/31/2024)
5/31/2024
  • Motion to FileGranted
ORDER granting 100 Motion 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 Judge Ada Brown on 5/31/2024) (kcr) (Entered: 05/31/2024)
5/31/2024104
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 98 Application for Admission Pro Hac Vice of Robin F. Thurston. 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 Ada Brown on 5/31/2024) (chmb) (Entered: 05/31/2024)
5/31/2024103
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 97 Application for Admission Pro Hac Vice of Mark B. Samburg. 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 Ada Brown on 5/31/2024) (chmb) (Entered: 05/31/2024)
5/31/2024102
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 84 Application for Admission Pro Hac Vice of Wendy Liu. 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 Ada Brown on 5/31/2024) (chmb) (Entered: 05/31/2024)
5/31/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File a Brief as Amici Curiae in Opposition to the Pending Motions for Stay of Effective Date or Preliminary Injunction filed by Twelve Texas Local Elected Officials (Attachments: # 1 Proposed Order, # 2 Brief of Amici Curiae). Party Twelve Texas Local Elected Officials added.Attorney Darren P Nicholson added to party Twelve Texas Local Elected Officials(pty:am) (Nicholson, Darren) (Entered: 05/31/2024)
5/31/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Brief of Amici Curiae in Support of Defendants' Response to Plaintiffs' Motions for Stay of Effective Date and for Preliminary Injunction filed by William Araiza, Jeffrey Lubbers, Peter M. Shane (Attachments: # 1 Proposed Order, # 2 Proposed Brief) (Samburg, Mark) (Entered: 05/31/2024)
5/31/2024
  • Motion
MOTION to Waive Local Counsel Requirement re 98 Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Robin F. Thurston (Filing fee $100; Receipt number ATXNDC-14660486), 97 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14660426) filed by William Araiza, Jeffrey Lubbers, Peter M. Shane (Attachments: # 1 Proposed Order) (Samburg, Mark) (Entered: 05/31/2024)
5/31/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Robin F. Thurston (Filing fee $100; Receipt number ATXNDC-14660486) filed by William Araiza, Jeffrey Lubbers, Peter M. Shane (Attachments: # 1 Certificate of Good Standing) (Samburg, Mark) (Entered: 05/31/2024)
5/31/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14660426) filed by Peter M. Shane, Jeffrey Lubbers, William Araiza (Attachments: # 1 Certificate of Good Standing). Party Professors William Araiza, Jeffrey Lubbers, and Peter M. Shane added.Attorney Mark Samburg added to party Peter M. Shane(pty:am), Attorney Mark Samburg added to party Jeffrey Lubbers(pty:am), Attorney Mark Samburg added to party William Araiza(pty:am) (Samburg, Mark) (Entered: 05/31/2024)
5/31/202496
  • OrderGranted
ELECTRONIC ORDER granting 93 Motion. Before the Court is the Motion for Leave to Proceed Without Local Counsel filed by amici curiae Law Professors. Having considered the motion, the Court finds that it is well taken and GRANTS the motion. It is therefore ORDERED that amici curiae may proceed in this matter without local counsel. (Ordered by Judge Ada Brown on 5/31/2024) (chmb) (Entered: 05/31/2024)
5/31/202495
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 92 Application for Admission Pro Hac Vice of Phillip R. Malone. 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 Ada Brown on 5/31/2024) (chmb) (Entered: 05/31/2024)
5/31/202494
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 91 Application for Admission Pro Hac Vice of Michael D. Wexler. 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 Ada Brown on 5/31/2024) (chmb) (Entered: 05/31/2024)
5/30/2024
  • Motion
MOTION Leave to Proceed Without Local Counsel re 92 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14657323) filed by Amici Curiae Law Professors (Attachments: # 1 Proposed Order) (Malone, Phillip) (Entered: 05/30/2024)
5/30/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14657323) filed by Amici Curiae Law Professors with Brief/Memorandum in Support.. Party Amici Curiae Law Professors added.Attorney Phillip R. Malone added to party Amici Curiae Law Professors(pty:mov) (Malone, Phillip) (Entered: 05/30/2024)
5/30/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Michael D. Wexler (Filing fee $100; Receipt number ATXNDC-14657050) filed by Society for Human Resource Management Attorney Tricia Wisenbaker Macaluso added to party Society for Human Resource Management(pty:am) (Macaluso, Tricia) (Main Document 91 replaced on 5/30/2024) (kcr). (Entered: 05/30/2024)
5/30/2024BRIEF OF AMICI CURIAE PUBLIC CITIZEN AND NATIONAL EMPLOYMENT LAW PROJECT IN SUPPORT OF DEFENDANTS RESPONSE TO PLAINTIFFS' 23 , 46 MOTIONS FOR STAY OF EFFECTIVE DATE AND PRELIMINARY INJUNCTION. (agc) (Entered: 05/30/2024)
5/30/2024
  • OrderGranted
ORDER GRANTING 85 CONSENT MOTION OF PUBLIC CITIZEN AND NATIONAL EMPLOYMENT LAW PROJECT FOR LEAVE TO FILE A BRIEF AS AMICI CURIAE IN SUPPORT OF DEFENDANT'S RESPONSE TO PLAINTIFFS' MOTIONS FOR STAY OF EFFECTIVE DATE AND PRELIMINARY INJUNCTION. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 5/30/2024) (agc) (Entered: 05/30/2024)
5/30/2024
  • Motion to File AppendixGranted
ORDER granting 83 joint motion for leave to file joint appendix. By 6/14/2024 for the pending motions to stay, and within 14 days after the close of briefing for each subsequent motion for which briefs filed by any party rely on the record, the parties shall file a joint appendix containing only the cited portions of the record. (The requesting party must file the document with the clerk.) (Ordered by Judge Ada Brown on 5/30/2024) (agc) (Entered: 05/30/2024)
5/30/2024CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by National Employment Law Project. (Clerk QC note: No affiliate entered in ECF). (Wall, John) (Entered: 05/30/2024)
5/30/2024CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Public Citizen. (Clerk QC note: No affiliate entered in ECF). (Wall, John) (Entered: 05/30/2024)
5/30/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Amicus Curiae Brief filed by Public Citizen with Brief/Memorandum in Support. (Attachments: # 1 Brief, # 2 Proposed Order)Attorney John E Wall, Jr added to party Public Citizen(pty:mov) (Wall, John) (Entered: 05/30/2024)
5/30/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14655323) filed by Public Citizen, National Employment Law Project (Attachments: # 1 Proposed Order). Party Public Citizen and National Employment Law Project added.Attorney Wendy Liu added to party Public Citizen(pty:mov), Attorney Wendy Liu added to party National Employment Law Project(pty:mov) (Liu, Wendy) (Main Document 84 flattened on 5/30/2024) (kcr). (Main Document 84 replaced on 5/31/2024) (knb). (Entered: 05/30/2024)
5/29/2024
  • Motion to File Appendix
Joint MOTION for Leave to File Joint Appendix Containing Relevant Portions of the Administrative Record filed by Federal Trade Commission (Attachments: # 1 Proposed Order) (Westmoreland, Rachael) (Entered: 05/29/2024)
5/29/2024Brief/Memorandum in Support filed by Federal Trade Commission re 81 Response/Objection to Plaintiffs' Motions to Stay and for Preliminary Injunctions (Westmoreland, Rachael) (Entered: 05/29/2024)
5/29/2024
  • Motion to Stay
RESPONSE filed by Federal Trade Commission re: 23 MOTION to Stay Effective Date and for Preliminary Injunction, 46 MOTION to Stay Effective Date and for Preliminary Injuction (Westmoreland, Rachael) (Entered: 05/29/2024)
5/29/202480
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 79 Application for Admission Pro Hac Vice of Marcus L. Mintz. 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 Ada Brown on 5/29/2024) (chmb) (Entered: 05/29/2024)
5/29/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14652580) filed by Society for Human Resource Management (Mintz, Marcus) (Main Document 79 flattened on 5/31/2024) (kcr). (Entered: 05/29/2024)
5/28/202478
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 77 Application for Admission Pro Hac Vice of Neal Mehrotra. 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 Ada Brown on 5/28/2024) (chmb) (Entered: 05/28/2024)
5/28/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14650302) filed by The Partnership for New York City (Attachments: # 1 Certificate of Good Standing)Attorney Neal Mehrotra added to party The Partnership for New York City(pty:mov) (Mehrotra, Neal) (Entered: 05/28/2024)
5/28/202476
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 75 Application for Admission Pro Hac Vice of Arthur J. Burke. 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 Ada Brown on 5/28/2024) (chmb) (Entered: 05/28/2024)
5/28/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14649804) filed by The Partnership for New York City (Attachments: # 1 Certificate of Good Standing)Attorney Arthur Burke added to party The Partnership for New York City(pty:mov) (Burke, Arthur) (Entered: 05/28/2024)
5/28/2024
  • OrderGranted
ORDER granting 67 Motion to Waive Local Counsel Requirement. (Ordered by Judge Ada Brown on 5/28/2024) (cfk) (Entered: 05/28/2024)
5/28/2024
  • Motion to Stay
BRIEF OF THE PARTNERSHIP FOR NEW YORK CITY AS AMICUS CURIAE IN SUPPORT OF PLAINTIFF'S AND PLAINTIFFS-INTERVENORS' MOTIONS TO STAY EFFECTIVE DATE AND FOR PRELIMINARY INJUNCTION. (ndt) (Entered: 05/28/2024)
5/28/2024BRIEF OF AMICUS CURIAE OF THE SOCIETY FOR HUMAN RESOURCE MANAGEMENT IN SUPPORT OF PLAINTIFF'S AND INTERVENORS' MOTION FOR STAY AND PRELIMINARY INJUNCTION. (ndt) (Entered: 05/28/2024)
5/28/2024
  • Motion to FileGranted
ORDER granting 68 Motion for Leave to File. (Ordered by Judge Ada Brown on 5/28/2024) (ndt) (Entered: 05/28/2024)
5/28/202470
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 66 Application for Admission Pro Hac Vice of Christopher Lynch. 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 Ada Brown on 5/28/2024) (chmb) (Entered: 05/28/2024)
5/28/2024
  • OrderGranted
ORDER GRANTING UNOPPOSED MOTION OF THE SOCIETY FOR HUMAN RESOURCE MANAGEMENT FOR LEAVE TO FILE BRIEF AMICUS CURIAE IN SUPPORT OF PLAINTIFF'S AND INTERVENORS' MOTIONS FOR STAY AND PRELIMINARY INJUNCTION. (Ordered by Judge Ada Brown on 5/28/2024) (ndt) (Entered: 05/28/2024)
5/24/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff's and Plaintiffs-Intervenors' Motions to Stay Effective Date and for Preliminary Injunction filed by The Partnership for New York City with Brief/Memorandum in Support. (Attachments: # 1 Proposed Order, # 2 Proposed Brief) (Lynch, Christopher) (Entered: 05/24/2024)
5/24/2024
  • Motion
MOTION to Waive Local Counsel Requirement re 66 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14647205) filed by The Partnership for New York City (Attachments: # 1 Proposed Order) (Lynch, Christopher) (Entered: 05/24/2024)
5/24/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14647205) filed by The Partnership for New York City (Attachments: # 1 Certificate of Good Standing). Party The Partnership for New York City added.Attorney Christopher Lynch added to party The Partnership for New York City(pty:am) (Lynch, Christopher) (Entered: 05/24/2024)
5/24/2024Brief/Memorandum in Support filed by Society for Human Resource Management re 23 MOTION to Stay Effective Date and for Preliminary Injunction, 46 MOTION to Stay Effective Date and for Preliminary Injuction (Attachments: # 1 Exhibit(s) Amicus Brief, # 2 Proposed Order Granting Unopposed Mtn) (Macaluso, Tricia) (Entered: 05/24/2024)
5/17/2024
  • OrderGranted
ORDER GRANTING 56 MOTION OF THE SECURITIES INDUSTRY AND FINANCIAL MARKETS ASSOCIATION, THE FUTURES INDUSTRY ASSOCIATION, THE MANAGED FUNDS ASSOCIATION, AND THE AMERICAN INVESTMENT COUNCIL FOR LEAVE TO PROCEED WITHOUT LOCAL COUNSEL. (Ordered by Judge Ada Brown on 5/17/2024) (kaf) (Entered: 05/17/2024)
5/17/202463
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 61 Application for Admission Pro Hac Vice of Katherine G. Rigby. 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 Ada Brown on 5/17/2024) (chmb) (Entered: 05/17/2024)
5/17/202462
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 60 Application for Admission Pro Hac Vice of Erik W. Weibust. 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 Ada Brown on 5/17/2024) (chmb) (Entered: 05/17/2024)
5/16/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14625636) filed by American Hotel & Lodging Association, Associated Builders and Contractors Inc, Consumer Technology Association, Independent Electrical Contractors, International Franchise Association, National Association of Wholesaler Distributors, National Federation of Independent Business Small Business Legal Center Inc, National Retail Federation, The Home Care Association of America, The Restaurant Law Center, United States Council for International Business (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Good Standing)Attorney Katherine G. Rigby added to party American Hotel & Lodging Association(pty:mov), Attorney Katherine G. Rigby added to party Associated Builders and Contractors Inc(pty:mov), Attorney Katherine G. Rigby added to party Consumer Technology Association(pty:mov), Attorney Katherine G. Rigby added to party Independent Electrical Contractors(pty:mov), Attorney Katherine G. Rigby added to party International Franchise Association(pty:mov), Attorney Katherine G. Rigby added to party National Association of Wholesaler Distributors(pty:mov), Attorney Katherine G. Rigby added to party National Federation of Independent Business Small Business Legal Center Inc(pty:mov), Attorney Katherine G. Rigby added to party National Retail Federation(pty:mov), Attorney Katherine G. Rigby added to party The Home Care Association of America(pty:mov), Attorney Katherine G. Rigby added to party The Restaurant Law Center(pty:mov), Attorney Katherine G. Rigby added to party United States Council for International Business(pty:mov) (Rigby, Katherine) (Entered: 05/16/2024)
5/16/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14625606) filed by American Hotel & Lodging Association, Associated Builders and Contractors Inc, Consumer Technology Association, Independent Electrical Contractors, International Franchise Association, National Association of Wholesaler Distributors, National Federation of Independent Business Small Business Legal Center Inc, National Retail Federation, The Home Care Association of America, The Restaurant Law Center, United States Council for International Business (Attachments: # 1 Exhibit(s) A, # 2 Certificate of Good Standing)Attorney Erik W Weibust added to party American Hotel & Lodging Association(pty:mov), Attorney Erik W Weibust added to party Associated Builders and Contractors Inc(pty:mov), Attorney Erik W Weibust added to party Consumer Technology Association(pty:mov), Attorney Erik W Weibust added to party Independent Electrical Contractors(pty:mov), Attorney Erik W Weibust added to party International Franchise Association(pty:mov), Attorney Erik W Weibust added to party National Association of Wholesaler Distributors(pty:mov), Attorney Erik W Weibust added to party National Federation of Independent Business Small Business Legal Center Inc(pty:mov), Attorney Erik W Weibust added to party National Retail Federation(pty:mov), Attorney Erik W Weibust added to party The Home Care Association of America(pty:mov), Attorney Erik W Weibust added to party The Restaurant Law Center(pty:mov), Attorney Erik W Weibust added to party United States Council for International Business(pty:mov) (Weibust, Erik) (Entered: 05/16/2024)
5/16/2024
  • Motion to FileGranted
ORDER granting 57 Motion for Leave to File. It is therefore ORDERED that the amicus brief, (ECF No. 57-2), is considered filed. (Ordered by Judge Ada Brown on 5/16/2024) (ndt) (Entered: 05/16/2024)
5/16/202458
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 51 Application for Admission Pro Hac Vice of Nicole A. Saharsky. 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 Ada Brown on 5/16/2024) (chmb) (Entered: 05/16/2024)
5/15/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff's and Intervenors' Motions for a Preliminary Injunction filed by The American Investment Council, The Futures Industry Association, The Managed Funds Association, The Securities Industry and Financial Markets Association (Attachments: # 1 Proposed Order, # 2 Proposed Brief) (Saharsky, Nicole) (Entered: 05/15/2024)
5/15/2024
  • Motion
MOTION to Waive Local Counsel Requirement re 51 Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14620989) filed by The American Investment Council, The Futures Industry Association, The Managed Funds Association, The Securities Industry and Financial Markets Association (Attachments: # 1 Proposed Order) (Saharsky, Nicole) (Entered: 05/15/2024)
5/15/2024
  • Motion to Stay
Brief/Memorandum in Support filed by National Association of Manufacturers re: 23 46 MOTIONs to Stay Effective Date and for Preliminary Injunction. (cfk) (Entered: 05/15/2024)
5/15/2024
  • Motion to File BriefGranted
ORDER granting 50 Motion for Leave to File a brief amicus curiae in support of Plaintiff's and Intervenors' motions for a stay and a preliminary injunction. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 5/15/2024) (cfk) (Entered: 05/15/2024)
5/15/2024Brief/Memorandum in Support filed by American Hotel & Lodging Association, Associated Builders and Contractors Inc, Consumer Technology Association, Independent Electrical Contractors, International Franchise Association, National Association of Wholesaler Distributors, National Federation of Independent Business Small Business Legal Center Inc, National Retail Federation, The Home Care Association of America, The Restaurant Law Center, United States Council for International Business re: 23 46 MOTIONs to Stay Effective Date and for Preliminary Injunction. (cfk) (Entered: 05/15/2024)
5/15/2024
  • Motion to File BriefGranted
ORDER granting 49 Motion for Leave to File a Brief in Support of the Plaintiffs' Motions for Stay of Effective Date and Preliminary Injunction. (Unless the document has already been filed, clerk to enter the document as of the date of this order.) (Ordered by Judge Ada Brown on 5/15/2024) (cfk) (Entered: 05/15/2024)
5/15/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14620989) filed by The Securities Industry and Financial Markets Association, The Futures Industry Association, The Managed Funds Association, The American Investment Council (Attachments: # 1 Certificate of Good Standing). Party The Securities Industry and Financial Markets Association added. (Saharsky, Nicole) (Entered: 05/15/2024)
5/14/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Brief Amicus Curiae in Support of Plaintiff's and Intervenors' Motions for Stay and Preliminary Injunction filed by National Association of Manufacturers (Attachments: # 1 Proposed Order, # 2 Brief Amicus Curiae). Attorney Richard D Salgado added. (Salgado, Richard) Docket text modified on 5/15/2024 (twd). (Entered: 05/14/2024)
5/14/2024
  • Motion to File Brief
Unopposed MOTION for Leave to File Amicus Curiae Brief in Support of Plaintiffs' 23 , 46 Motions to Stay Effective Date and Preliminary Injunction (The "Motions"), filed by National Retail Federation, National Federation of Independent Business Small Business Legal Center, Inc., International Franchise Association, Associated Builders and Contractors, Inc., American Hotel & Lodging Association, National Association of Wholesaler Distributors, Independent Electrical Contractors, Consumer Technology Association, United States Council for International Business, The Home Care Association of America, The Restaurant Law Center. Attorney Edward Joseph Loya, Jr added to parties. (Attachments: # 1 Brief of Amici Curiae, # 2 Exhibit(s) Exhibit A to Brief of Amici Curiae, # 3 Proposed Order). (Loya, Edward) Docket text modified on 5/15/2024 (twd). (Entered: 05/14/2024)
5/13/202448
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 45 Application for Admission Pro Hac Vice of Tyler S. Badgley. 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 Ada Brown on 5/13/2024) (chmb) (Entered: 05/13/2024)
5/10/2024Brief/Memorandum in Support filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America re 46 MOTION to Stay Effective Date and for Preliminary Injuction (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 Exhibit(s) F, # 7 Exhibit(s) G) (Sayles, Robert) (Entered: 05/10/2024)
5/10/2024
  • Motion to Stayby Π
MOTION to Stay Effective Date and for Preliminary Injuction filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America (Attachments: # 1 Proposed Order) (Sayles, Robert) (Entered: 05/10/2024)
5/10/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Tyler S. Badgley (Filing fee $100; Receipt number ATXNDC-14607870) filed by The Chamber of Commerce of the United States of America (Attachments: # 1 Proposed Order) (Sayles, Robert) (Entered: 05/10/2024)
5/10/202444
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 40 Application for Admission Pro Hac Vice of Judson O. Littleton. 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 Ada Brown on 5/10/2024) (chmb) (Entered: 05/10/2024)
5/10/202443
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 39 Application for Admission Pro Hac Vice of Jeffrey B. Wall. 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 Ada Brown on 5/10/2024) (chmb) (Entered: 05/10/2024)
5/10/2024
  • OrderGranted
ORDER granting 36 Unopposed Motion for Enlargement of Word Limit. It is ORDERED that FTC's consolidated opposition brief regarding the requested injunctive relief due on 5/29/2024, shall not exceed 10,000 words. (Ordered by Judge Ada Brown on 5/10/2024) (ykp) (Entered: 05/10/2024)
5/10/202441
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 35 Application for Admission Pro Hac Vice of Jordan L. Von Bokern. 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 Ada Brown on 5/10/2024) (chmb) (Entered: 05/10/2024)
5/9/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14607094) filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order) (Littleton, Judson) (Entered: 05/09/2024)
5/9/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14607083) filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America (Attachments: # 1 Certificate of Standing, # 2 Proposed Order) (Wall, Jeffrey) (Entered: 05/09/2024)
5/9/2024CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America. (Clerk QC note: No affiliate entered in ECF). (Sayles, Robert) (Entered: 05/09/2024)
5/9/2024
  • Complaintby Π
INTERVENOR COMPLAINT for Declaratory and Injunctive Relief against Federal Trade Commission filed by The Chamber of Commerce of the United States of America, Texas Association of Business, Business Roundtable, Longview Chamber of Commerce. 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. (Sayles, Robert) (Entered: 05/09/2024)
5/9/2024
  • Motion
MOTION for Unopposed Enlargement of Word Limit filed by Federal Trade Commission (Attachments: # 1 Proposed Order) (Westmoreland, Rachael) (Entered: 05/09/2024)
5/9/2024
  • Motion to Appear Pro Hac Vice
Application for Admission Pro Hac Vice with Certificate of Good Standing (Filing fee $100; Receipt number ATXNDC-14605617) filed by The Chamber of Commerce of the United States of America Attorney Jordan Von Bokern added to party The Chamber of Commerce of the United States of America(pty:intvp) (Von Bokern, Jordan) (Entered: 05/09/2024)
5/9/2024
  • Order
ORDER - Before the Court is the Chamber of Commerce of the United States of America, Business Roundtable, Texas Association of Business, and Longview Chamber of Commerce's ("Intervenors") Unopposed Motion to Intervene as Plaintiffs. (ECF No. 32). The Court, having considered the arguments and evidence of the parties, is of the opinion that Intervenors' motion should be GRANTED as explained hereunder.

The Court finds that Intervenors' motion is timely, they have an interest in the subject of the action, the disposition of this action may impair or impede their interest, and their interest may be inadequately represented by the existing parties. The Court further finds that Intervenors have a claim that shares a common question of law or fact with this action and that permitting intervention will not unduly delay or prejudice the adjudication of the original parties' rights. Thus, it is ordered that Intervenors' Motion to Intervene as Plaintiffs is hereby GRANTED.

Further, upon review of Defendant Federal Trade Commissions position on the briefing schedule if intervention is granted, the Court MODIFIES the existing briefing schedule on injunctive relief, (see ECF No. 31), as follows:

1. May 29, 2024: Deadline for Defendants' consolidated response, with word limit of 4,250.

2. June 12, 2024: Deadline for Intervenors' and Ryan, LLC's replies.

3. June 13, 2024: Deadline for Court to notify the parties if a hearing will be held on June 17, 2024.

4. June 17, 2024: Potential hearing date on Intervenors' and Ryan, LLC's motions to stay, if the Court deems it necessary. (Ordered by Judge Ada Brown on 5/9/2024) (chmb) (Ordered by Judge Ada Brown on 5/9/2024) (chmb) (Entered: 05/09/2024)
5/8/2024Brief/Memorandum in Support filed by Business Roundtable, Longview Chamber of Commerce, Texas Association of Business, The Chamber of Commerce of the United States of America re 32 Unopposed MOTION to Intervene as Plaintiffs (Sayles, Robert) (Entered: 05/08/2024)
5/8/2024
  • Motion to Interveneby Π
Unopposed MOTION to Intervene as Plaintiffs filed by The Chamber of Commerce of the United States of America, Business Roundtable, Texas Association of Business, Longview Chamber of Commerce (Attachments: # 1 Proposed Order) (Sayles, Robert) (Entered: 05/08/2024)
5/7/2024
  • Order
ORDER: Before the Court is Plaintiff Ryan LLC's (hereinafter "Ryan') Motion for Expedited Briefing Regarding its Motion for Stay of Effective Date and Preliminary Injunction. (ECF No. 25). Defendant Federal Trade Commission (hereinafter "FTC") has responded to this Motion. (ECF No. 28). Plaintiff Ryan has replied. (ECF No. 30). Thus, the Motion is fully briefed. The Court hereby DENIES Plaintiff Ryan's Motion for Expedited Briefing Regarding its Motion for Stay of Effective Date and Preliminary Injunction. (ECF No. 25).

In accordance with the Northern District of Texas' Civil Local Rules, the Court ORDERS Defendant FTC to file any opposition to Plaintiff Ryan's Motion for Stay of Effective Date and Preliminary Injunction, (ECF No. 23), by May 22, 2024. The Court further ORDERS Plaintiff Ryan to file any reply in support of its Motion for Stay of Effective Date and Preliminary Injunction, (ECF No. 23), by June 5, 2024. The Court will issue a decision on the merits of Plaintiff Ryan's Motion for Stay of Effective Date and Preliminary Injunction, (ECF No. 23), by July 3, 2024. If the Court determines a hearing on the merits for Plaintiff Ryan LLC's Motion for Stay of Effective Date and Preliminary Injunction, (ECF No. 23), is warranted, the Court sets the date for the hearing as June 17, 2024. By June 6, 2024, the Court will notify the parties if a hearing will be held on June 17, 2024. (Ordered by Judge Ada Brown on 5/7/2024) (chmb) (Entered: 05/07/2024)
5/2/2024
  • Motion to Expediteby Π
REPLY filed by Ryan LLC re: 25 Emergency MOTION to Expedite Briefing regarding Its Motion for Stay of Effective Date and Preliminary Injunction (Ho, Allyson) (Entered: 05/02/2024)
5/2/2024
  • Motion to Expedite
ORDER re 25 Emergency MOTION to Expedite: Responses due by 5/7/2024. (Ordered by Judge Ada Brown on 5/2/2024) (kaf) (Entered: 05/02/2024)
5/2/2024
  • Motion to Expedite
RESPONSE filed by Federal Trade Commission re: 25 Emergency MOTION to Expedite Briefing regarding Its Motion for Stay of Effective Date and Preliminary Injunction (Westmoreland, Rachael) (Entered: 05/02/2024)
5/1/2024NOTICE of Attorney Appearance by Arjun Mody on behalf of Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Mody, Arjun) (Entered: 05/01/2024)
5/1/2024
  • Motion to Expediteby Π
Brief/Memorandum in Support filed by Ryan LLC re 25 Emergency MOTION to Expedite Briefing regarding Its Motion for Stay of Effective Date and Preliminary Injunction (Ho, Allyson) (Entered: 05/01/2024)
5/1/2024
  • Motion to Expediteby Π
Emergency MOTION to Expedite Briefing regarding Its Motion for Stay of Effective Date and Preliminary Injunction filed by Ryan LLC (Attachments: # 1 Proposed Order) (Ho, Allyson) (Entered: 05/01/2024)
5/1/2024
  • Motion to Stayby Π
Brief/Memorandum in Support filed by Ryan LLC re 23 MOTION to Stay Effective Date and for Preliminary Injunction (Ho, Allyson) (Entered: 05/01/2024)
5/1/2024
  • Motion to Stay
MOTION to Stay Effective Date and for Preliminary Injunction filed by Ryan LLC (Attachments: # 1 Declaration of Amy Tice, # 2 Proposed Order) (Ho, Allyson) Modified on 5/29/2024 (ali). (Entered: 05/01/2024)
5/1/2024
  • Complaintby Π
AMENDED COMPLAINT against Federal Trade Commission filed by Ryan LLC. 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. (Attachments: # 1 Exhibit(s) A) (Ho, Allyson) (Entered: 05/01/2024)
4/30/2024NOTICE of Attorney Appearance by Madeline Marie McMahon on behalf of Federal Trade Commission. (Filer confirms contact info in ECF is current.) (McMahon, Madeline) (Entered: 04/30/2024)
4/30/2024NOTICE of Attorney Appearance by Taisa M. Goodnature on behalf of Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Goodnature, Taisa) (Entered: 04/30/2024)
4/30/2024NOTICE of Attorney Appearance by Rachael Lynn Westmoreland on behalf of Federal Trade Commission. (Filer confirms contact info in ECF is current.) (Westmoreland, Rachael) (Entered: 04/30/2024)
4/29/2024NOTICE of Attorney Appearance by Allyson N Ho on behalf of Ryan LLC. (Filer confirms contact info in ECF is current.) (Ho, Allyson) (Entered: 04/29/2024)
4/29/2024SUMMONS Returned Executed as to Federal Trade Commission ; served on 4/29/2024. (Attachments: # 1 Exhibit A - Certified Mail Receipts, # 2 Exhibit B - Delivery Receipt (4/29/2024) - U.S. Attorney's Office for the Northern District of Texas, # 3 Exhibit C - Delivery Receipt (4/29/2024) - U.S. Attorney General, # 4 Exhibit D - Delivery Receipt (4/29/2024) - U.S. Federal Trade Commission) (Hauptman, Aaron) (Entered: 04/29/2024)
4/25/202416Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Renee Harris Toliver assigned for matters that may be referred in this case. (ndt) (Entered: 04/25/2024)
4/24/2024Summons issued as to Federal Trade Commission, U.S. Attorney, and U.S. Attorney General. (kcr) (Entered: 04/24/2024)
4/24/202413
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 8 Application for Admission Pro Hac Vice of Joshua R. Zuckerman. 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 Ada Brown on 4/24/2024) (chmb) (Entered: 04/24/2024)
4/24/202412
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 7 Application for Admission Pro Hac Vice of Aaron Hauptman. 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 Ada Brown on 4/24/2024) (chmb) (Entered: 04/24/2024)
4/24/202411
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 6 Application for Admission Pro Hac Vice of Amir C. Tayrani. 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 Ada Brown on 4/24/2024) (chmb) (Entered: 04/24/2024)
4/24/202410
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 5 Application for Admission Pro Hac Vice of Andrew Kilberg. 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 Ada Brown on 4/24/2024) (chmb) (Entered: 04/24/2024)
4/24/20249
  • Motion to Appear Pro Hac ViceGranted
ELECTRONIC ORDER granting 4 Application for Admission Pro Hac Vice of Eugene Scalia. 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 Ada Brown on 4/24/2024) (chmb) (Entered: 04/24/2024)
4/23/2024New 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. (kcr) (Entered: 04/24/2024)
4/23/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Joshua R. Zuckerman (Filing fee $100; Receipt number ATXNDC-14564443) filed by Ryan, LLC (Attachments: # 1 Certificate of Good Standing) (Kiernan, Elizabeth) (Entered: 04/23/2024)
4/23/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Aaron Hauptman (Filing fee $100; Receipt number ATXNDC-14564440) filed by Ryan, LLC (Attachments: # 1 Certificate of Good Standing) (Kiernan, Elizabeth) (Entered: 04/23/2024)
4/23/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Amir C. Tayrani (Filing fee $100; Receipt number ATXNDC-14564434) filed by Ryan, LLC (Attachments: # 1 Certificate of Good Standing) (Kiernan, Elizabeth) (Entered: 04/23/2024)
4/23/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Andrew Kilberg (Filing fee $100; Receipt number ATXNDC-14564428) filed by Ryan, LLC (Attachments: # 1 Certificate of Good Standing) (Kiernan, Elizabeth) (Entered: 04/23/2024)
4/23/2024
  • Motion to Appear Pro Hac Viceby Π
Application for Admission Pro Hac Vice with Certificate of Good Standing for Attorney Eugene Scalia (Filing fee $100; Receipt number ATXNDC-14564380) filed by Ryan, LLC (Attachments: # 1 Certificate of Good Standing) (Kiernan, Elizabeth) (Entered: 04/23/2024)
4/23/2024Request for Clerk to issue Summons filed by Ryan, LLC. (Kiernan, Elizabeth) (Entered: 04/23/2024)
4/23/2024CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Ryan, LLC. (Clerk QC note: Affiliate entry indicated). (Kiernan, Elizabeth) (Entered: 04/23/2024)
4/23/2024
  • Complaintby Π
COMPLAINT against Federal Trade Commission filed by Ryan, LLC. (Filing fee $405; Receipt number ATXNDC-14563155) Plaintiff will submit summons(es) for issuance. 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. (Attachments: # 1 Civil Cover Sheet) (Kiernan, Elizabeth) (Entered: 04/23/2024)