Case: 24-10951 Document: 205 Page: 1 Date Filed: 03/07/2025
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`IN THE UNITED STATES COURT OF APPEALS
`FOR THE FIFTH CIRCUIT
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`Ryan, L.L.C.,
` Plaintiff-Appellee,
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`Chamber of Commerce of the United States of
`America, et al.,
` Intervenor-Plaintiffs-Appellees,
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`Federal Trade Commission,
` Defendant-Appellant.
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`v.
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`No. 24-10951
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`MOTION TO HOLD APPEAL IN ABEYANCE FOR 120 DAYS
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`Pursuant to Federal Rule of Appellate Procedure 27, the government
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`respectfully moves to hold this appeal in abeyance for 120 days. Plaintiff and
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`intervenor-plaintiffs do not oppose this motion. In support of this motion, the
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`government states the following:
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`1. 1. In May 2024, the Federal Trade Commission issued a rule that defines
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`most existing non-competes as unenforceable unfair methods of competition (subject
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`to an exception for certain senior executives) and bans the future use of most non-
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`competes. Non-Compete Clause Rule, 89 Fed. Reg. 38,342 (May 7, 2024). Plaintiff
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`and intervenor-plaintiffs challenged that rule, and the district court granted summary
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`judgment in their favor and vacated the rule universally. See ROA.5637. This appeal
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`Case: 24-10951 Document: 205 Page: 2 Date Filed: 03/07/2025
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`followed.
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`2. Following a change in administration, on January 20, 2025, President Trump
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`designated Commissioner Andrew N. Ferguson as Chairman of the Commission.
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`Chairman Ferguson has recently stated publicly that he believes the Commission
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`should reconsider its defense of the challenged rule: “My view is that the Commission
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`. . . basically needs to decide whether it’s a good idea [and] it’s in the public interest to
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`continue defending this rule. . . . I’m going to be presenting at some point” to “my
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`colleagues the decision about whether to continue defending this Rule.” The Harvard
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`Salient, FTC Chairman Andrew Ferguson & Harvard Law Professor Adrian Vermueule:
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`CORE Conference 2025, at 35:17-:40, https://www.youtube.com/watch?v=ty3s-
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`zjLQFk.
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`In light of the foregoing, the government respectfully moves to hold this
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`appeal in abeyance for 120 days. An abeyance will conserve party and judicial
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`resources and promote the efficient and orderly disposition of this appeal. The
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`government respectfully proposes that, at the end of a 120-day abeyance period, the
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`Case: 24-10951 Document: 205 Page: 3 Date Filed: 03/07/2025
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`government can provide the Court with a status report regarding future steps in the
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`case.
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`3. Counsel for plaintiff and for intervenors-plaintiffs have informed the
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`government that plaintiff and intervenors-plaintiffs do not oppose this motion.
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`Respectfully submitted,
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`MICHAEL S. RAAB
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` /s/ Sean R. Janda
`SEAN R. JANDA
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` Attorneys, Appellate Staff
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`Civil Division, Room 7260
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`U.S. Department of Justice
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`950 Pennsylvania Avenue NW
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`Washington, DC 20530
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`(202) 514-3388
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`sean.r.janda@usdoj.gov
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`March 2025
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`Case: 24-10951 Document: 205 Page: 4 Date Filed: 03/07/2025
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`CERTIFICATE OF COMPLIANCE
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`I hereby certify that the foregoing complies with the type-volume limitation of
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`Fed. R. App. P. 27(d)(2) because it contains 311 words, according to the count of
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`Microsoft Word.
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`/s/ Sean R. Janda
` Sean R. Janda
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`4
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