Case Detail

FOIA Project Annotation: A federal court in Virginia has ruled that the FTC did not conduct an adequate search for records concerning its interactions with the alcoholic beverage industry and that it further failed to justify many of its claims under Exemption 5 (privileges). The law firm of Carter, Fullerton & Hayes, which represented a non-profit engaged in oversight of the FTC's regulation of alcohol, had already litigated over three previous disputed requests to the FTC. In May 2011, the law firm submitted an extensive multi-part request and included a list of agency offices which it suspected would have responsive records. The agency first searched using the name of the law firm's lead attorney, John Carter and conducted a further search of its case management database using search terms supplied by the law firm, but did not search its Bureau of Economics, even though the request had indicated it expected responsive documents would be found there. The agency identified more than 5,000 pages of responsive records and withheld more than 1,600 of them under Exemption 5. The law firm filed an administrative appeal and asked the agency to provide a more detailed explanation of its claims. The agency refused to provide such a list, noting that based on relevant case law it was not required to do so, and upheld its initial denial. The law firm then sued. The court agreed with the law firm that the agency's search was inadequate. The court pointed out that, although many of the responsive records indicated they had originated in the Bureau of Economics, that office had not been searched. The court observed that "FOIA requires the Court apply a reasonable standard, rather than simply looking to the typical or most efficient method of conducting a search. As such, a reasonable FOIA paralegal, along with the FTC's Office of General Counsel, should have reasonably anticipated that response records would be found in the Bureau of Economics." The court also questioned why it took the agency more than 15 months to finish processing the request. The court noted that "the fact that this was the fourth request of its kind by Plaintiff, however, should make the agency's compliance with the request more efficient." As to the Exemption 5 claims, the court agreed with the law firm that the agency had improperly claimed the consultant's exception to withhold records that did not qualify under the inter- or intra-agency threshold. The court also found the agency's segregability analysis lacking. The court indicated that "despite Plaintiff's inability to rebut Defendant's claim that segregability was proper for each document, the burden remains on the agency to show that it properly fulfilled the requirements under FOIA. . .As a matter of law, the FTC has failed to satisfy the Court that no genuine issues remain in terms of the segregability of the withheld documents. Therefore, an in camera review of the documents listed in the Vaughn Index is appropriate."
Issues: Adequacy - Search, Exemption 5 - Privileges, Litigation - Segregability analysis

FOIA Project Annotation: A federal court in Virginia has ruled that the FTC, after several attempts, conducted an adequate search for records concerning its regulation of alcoholic beverages and properly redacted many of the records under Exemption 5 (deliberative process privilege). Attorney John Carter requested information on the agency's regulation of alcoholic beverages in May 2011. The agency completed its response in October 2011, withholding a considerable amount of information under Exemption 5. The agency denied Carter's appeal and he filed suit. In a February 2013 opinion, the court found the FTC's search was inadequate because it did not include the Bureau of Economics where Carter had indicated he expected responsive documents to be located. The agency conducted a search of the Bureau of Economics as instructed and presented a representative sample for in camera review. This time around the court was satisfied with the agency's processing efforts and exemption claims. The court noted that "many of the files [withheld under Exemption 5] consisted of draft versions of documents that were disclosed to Plaintiff in final form as well as other documents such as hand written notes or line-edited documents. Each of these documents demonstrated an ongoing deliberative process within the agency that is not subject to disclosure." The court added that "despite the FTC's continued revelations regarding the inadequacy of its initial FOIA search, the Court's present review is based on the final results. Ultimately, the FTC satisfied the requirement that it exempt from disclosure only those documents defined under one of the enumerated FOIA exemptions."
Issues: Adequacy - Search, Exemption 5 - Privileges - Deliberative process privilege - Deliberative

Date Filed	Doc #	Docket Text
2012-04-24	1	COMPLAINT for Injunctive Relief against Federal Trade Commission, filed by Carter Fullerton & Hayes, LLC. (Filing fee $ 350, receipt number 14683028430) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Receipt, # 12 Civil Cover Sheet)(stas) (Entered: 04/27/2012)
2012-04-24	2	NOTICE of Appearance by John Laughlin Carter on behalf of Carter Fullerton & Hayes, LLC (stas) (Entered: 04/27/2012)
2012-04-24	3	NOTICE of Appearance by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC (stas) (Entered: 04/27/2012)
2012-04-24	4	Financial Interest Disclosure Statement (Local Rule 7.1) by Carter Fullerton & Hayes, LLC. (stas) (Entered: 04/27/2012)
2012-04-24	5	Summons Issued and given to atty for service by SPS as to deft., Federal Trade Commission, and for service by Certified Mail as to U.S. Attorney and U.S. Attorney General (case is a FOIA case) (stas) (Entered: 04/27/2012)
2012-05-09	6	Certificate Reporting Service Federal Trade Commission served on 5/7/2012, answer due 7/6/2012. (rban, ) (Entered: 05/10/2012)
2012-05-09	7	SUMMONS Returned Executed. (rban, ) (Entered: 05/10/2012)
2012-06-04	8	NOTICE of Appearance by Stephen Obermeier on behalf of Federal Trade Commission (Obermeier, Stephen) (Entered: 06/04/2012)
2012-06-04	9	ANSWER to 1 Complaint, by Federal Trade Commission.(Obermeier, Stephen) (Entered: 06/04/2012)
2012-06-04	10	NOTICE by Federal Trade Commission of Related Cases (Attachments: # 1 Exhibit Government Attachments 1-2)(Obermeier, Stephen) (Entered: 06/04/2012)
2012-06-21	11	AGREED ORDER by agreement of the parties that on or before August 2, 2012, Deft shall file a Motion for Summary Judgment and a Vaughn Index; it is hereby further ORDERED by agreement of the parties that on or before August 30,2012, Plaintiff shall file an opposition to Defendant's summary judgment motion; it is hereby further ORDERED by agreement of the parties that on or before September 12, 2012, Defendant shall file a reply brief in support of its summary judgment motion; it is hereby further ORDERED by agreement of the parties that Defendant shall notice a hearing on the matter for September 14, 2012. Signed by District Judge Liam O'Grady on 6/21/2012. (stas) (Entered: 06/21/2012)
2012-08-02	12	MOTION for Summary Judgment by Federal Trade Commission. (Attachments: # 1 Proposed Order)(Obermeier, Stephen) (Entered: 08/02/2012)
2012-08-02	13	Memorandum in Support re 12 MOTION for Summary Judgment filed by Federal Trade Commission. (Attachments: # 1 Exhibit Government Attachment 1)(Obermeier, Stephen) (Entered: 08/02/2012)
2012-08-02	14	Notice of Hearing Date set for 9/14/12 re 12 MOTION for Summary Judgment (Obermeier, Stephen) (Entered: 08/02/2012)
2012-08-03		Set Deadlines as to 12 MOTION for Summary Judgment. Motion Hearing set for 9/14/2012 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (clar, ) (Entered: 08/03/2012)
2012-08-03	15	SCHEDULING ORDER: Initial Pretrial Conference set for 9/12/2012 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Discovery due by 12/14/2012. Final Pretrial Conference set for 12/20/2012 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. Signed by District Judge Liam O'Grady on 8/3/2012. (Attachments: # 1 Pretrial Notice, # 2 Alexandria Magistrate Judge Consent Form)(stas) (Entered: 08/03/2012)
2012-08-09	16	Joint MOTION to Vacate Initial Scheduling Order by Carter Fullerton & Hayes, LLC, Federal Trade Commission. (Attachments: # 1 Proposed Order)(Obermeier, Stephen) (Entered: 08/09/2012)
2012-08-09	17	ORDER that the 16 Joint Motion to Vacate the August 3, 2012 scheduling order is GRANTED; it is further ORDERED that this Court's scheduling order of August 3, 2012, is VACATED; and it is further ORDERED that the briefing schedule established in the parties Agreed Order will remain in effect. Signed by District Judge Liam O'Grady on 8/9/2012. (stas) (Entered: 08/09/2012)
2012-08-28	18	AGREED ORDER that the Agreed Order entered by the Court on June 21, 2012 is vacated; it is hereby further ORDERED that Deft will make a supplemental release on or before September 13, 2012; it is hereby further ORDERED that on or before September 27, 2012, Pltf shall file an opposition to Deft's summary judgment motion; it is hereby further ORDERED that on or before October 4, 2012, Deft shall file a reply brief in support of its summary judgment motion; it is hereby further ORDERED that a hearing on the matter( 12 MOTION for Summary Judgment) shall be held on October 12, 2012 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. Signed by District Judge Liam O'Grady on 8/28/2012. (stas) (Entered: 08/28/2012)
2012-09-13	19	NOTICE by Federal Trade Commission of Filing of Supplemental Declaration and Vaughn Index (Attachments: # 1 Exhibit Supplemental Declaration and Vaughn Index)(Obermeier, Stephen) (Entered: 09/13/2012)
2012-09-27	20	Opposition Re: 12 Motion for Summary Judgment filed by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Proposed Order)(Hayes, Mark) Modified on 9/28/2012 to link opposition to the motion it opposes (stas). (Entered: 09/27/2012)
2012-09-27	21	Memorandum in Opposition re 12 MOTION for Summary Judgment filed by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Exhibit)(Hayes, Mark) (Entered: 09/27/2012)
2012-09-28		Notice of Correction re: 20 Opposition to Motion for Summary Judgment filed by Carter Fullerton & Hayes, LLC 21 Memorandum in Opposition re 12 MOTION for Summary Judgment filed by Carter Fullerton & Hayes, LLC. The filing user has been notified to file a separate Certificate of Service for document number 20 and a corrected Certificate of Service for document number 21 as it references an incorrect document. The docket has also been corrected to link the opposition at document 20 to the motion it opposes. (stas) (Entered: 09/28/2012)
2012-10-01	22	CERTIFICATE of Service for Motion in re 20 Opposition by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC (Hayes, Mark) (Entered: 10/01/2012)
2012-10-01	23	CERTIFICATE of Service re 21 Memorandum in Opposition by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC (Hayes, Mark) (Entered: 10/01/2012)
2012-10-02		Notice of Correction re: 22 CERTIFICATE of Service for Motion in re 20 Opposition by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC and 23 CERTIFICATE of Service re 21 Memorandum in Opposition by Mark Charles Hayes on behalf of Carter Fullerton & Hayes, LLC. The signature blocks on the documents do not match the filing users login. The filing user has been notified and has been asked to either refile the documents or to have the attorney whose signature block appears on the documents refile the documents. (stas) (Entered: 10/02/2012)
2012-10-05	24	AGREED ORDER that the 18 Agreed Order entered by this Court on August 28, 2012 is vacated; it is hereby further ORDERED that on or before October 10, 2012, Deft shall file a reply brief in support of its summary judgment motion; it is hereby further ORDERED that a hearing on the matter shall be held on October 19, 2012 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (See order for details). Signed by District Judge Liam O'Grady on 10/5/2012. (stas) (Entered: 10/05/2012)
2012-10-10	25	REPLY to Response to Motion re 12 MOTION for Summary Judgment filed by Federal Trade Commission. (Attachments: # 1 Exhibit Government Attachments 1-2)(Obermeier, Stephen) (Entered: 10/10/2012)
2012-10-19	26	Minute Entry for proceedings held before District Judge Liam O'Grady: Motion Hearing held on 10/19/2012 re 12 MOTION for Summary Judgment filed by Federal Trade Commission. Appearances of counsel. Motion argued and taken under advisement. Order to follow. (Court Reporter N. Linnell.)(dper) (Entered: 10/22/2012)
2013-02-21	27	MEMORANDUM OPINION re: Defendant's 12 Motion for Summary Judgment. Signed by District Judge Liam O'Grady on 2/21/13. (dper) (Entered: 02/21/2013)
2013-02-21	28	ORDER, for the reasons stated in the accompanying Memorandum Opinion and for good cause shown, it is hereby ORDERED that Defendant's 12 Motion for Summary Judgment is DENIED. It is further ORDERED that: 1) Within 45 days, the FTC's FOIA office shall search the Bureau of Economics for documents responsive to Plaintiff's May 20, 2011 request and release all non-exempt documents to Plaintiff and supplement the Vaughn Index with newly withheld documents, as required under FOIA; 2) Within 30 days, the parties shall file a proposed methodology for identifying a representative sample of the withheld documents to be reviewed by the Court; 3) If the parties are unable to reach an agreement on the proposed methodology, then parties shall Notice a hearing before the Court to determine the methodology to be employed. Signed by District Judge Liam O'Grady on 2/21/13. (dper) (Entered: 02/21/2013)
2013-03-25	29	NOTICE by Carter Fullerton & Hayes, LLC, Federal Trade Commission (Obermeier, Stephen) (Entered: 03/25/2013)
2013-04-05	30	NOTICE of Appearance by Lauren A. Wetzler on behalf of Federal Trade Commission (Wetzler, Lauren) (Entered: 04/05/2013)
2013-04-05	31	NOTICE by Carter Fullerton & Hayes, LLC, Federal Trade Commission (Wetzler, Lauren) (Entered: 04/05/2013)
2013-04-09	32	ORDER For good cause shown, it is hereby ORDERED that following Deft FTC's production of additional documents and filing of the supplemental Vaughn Index, as required by the Court's previous Order, Pltf may review the newly discovered documents, if any, and either seek further relief from the Court based on the responses, respond to Deft's supplemental motion for summary judgment or file a cross-motion for summary judgment. (See order for details). Signed by District Judge Liam O'Grady on 4/9/2013. (stas) (Entered: 04/09/2013)
2013-04-09	33	AGREED ORDER In order to facilitate the release of the numerous BoE documents and to effectuate a prompt resolution of this litigation, by agreement of the parties, it is hereby ORDERED that the FTC is to exclude from its release of BoE documents: (a) documents related solely to alcohol industry mergers; (b) raw and processed statistical data stored using StrataCorp's statistical software "STATA" or with Microsoft's Excel software, including SMCL files, DTA files, GPH Files, DO files, RAW files, LOG files, DCT files, and PS; and (c) documents related solely to alcohol advertising investigations; it is hereby further ORDERED that the FTC is to release responsive BoE documents that are not subject to withholding, on a rolling basis, beginning on April 8, 2013 and concluding by May 20, 2013; it is hereby further ORDERED that on or before June 3, 2013, the FTC will submit (a) a supplemental Vaughn Index as to withheld BoE documents and (b) a supplemental motion for summary judgment; it is further ORDERED that on or before June 24, 2013, Pltf will submit its response to the FTC's supplemental motion for summary judgment and/or a cross-motion for summary judgment; it is further ORDERED that on or before July 1, 2013, the FTC shall file a reply brief in support of its summary judgment motion; and it is hereby further ORDERED that a hearing on the matter shall be held on July 12, 2013 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady.(See order for details). Signed by District Judge Liam O'Grady on 4/9/2013. (stas) (Entered: 04/09/2013)
2013-05-02	34	NOTICE of Appearance by Kimere Jane Kimball on behalf of Federal Trade Commission (Kimball, Kimere) (Entered: 05/02/2013)
2013-06-03	35	NOTICE by Federal Trade Commission of Submission of Original Documents for In Camera Review (Kimball, Kimere) (Entered: 06/03/2013)
2013-06-03	36	Second MOTION for Summary Judgment by Federal Trade Commission. (Kimball, Kimere) (Entered: 06/03/2013)
2013-06-03	37	Memorandum in Support re 36 Second MOTION for Summary Judgment filed by Federal Trade Commission. (Attachments: # 1 Exhibit Govt Att. 1, # 2 Exhibit Govt Att. 2, # 3 Exhibit Govt Att 3, # 4 Exhibit Govt Att 4)(Kimball, Kimere) (Entered: 06/03/2013)
2013-06-03	38	Notice of Hearing Date re 36 Second MOTION for Summary Judgment (Kimball, Kimere) (Entered: 06/03/2013)
2013-06-04		Set Deadlines as to 36 Second MOTION for Summary Judgment . Motion Hearing set for 7/12/2013 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (clar, ) (Entered: 06/04/2013)
2013-06-24	39	RESPONSE in Opposition re 36 Second MOTION for Summary Judgment and Cross Motion filed by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Proposed Order)(Hayes, Mark) (Entered: 06/24/2013)
2013-06-24	40	Memorandum in Opposition re 36 Second MOTION for Summary Judgment and in Support of Cross-Motion filed by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Exhibit Hayes Declaration, # 2 Exhibit Pl. Attachment 1, # 3 Exhibit Pl. Attachment 2, # 4 Exhibit Pl. Attachment 4, # 5 Exhibit Pl. Attachment 5, # 6 Exhibit Pl. Attachment 6, # 7 Exhibit Pl. Attachment 7, # 8 Exhibit Pl. Attachment 8, # 9 Exhibit Pl. Attachment 9, # 10 Exhibit Pl. Attachment 3)(Hayes, Mark) (Entered: 06/24/2013)
2013-06-25		Notice of Correction re 39 RESPONSE in Opposition re 36 Second MOTION for Summary Judgment and Cross Motion filed by Carter Fullerton & Hayes, LLC., 40 Memorandum in Opposition re 36 Second MOTION for Summary Judgment and in Support of Cross-Motion filed by Carter Fullerton & Hayes, LLC. The filing user has been notified to file the documents separately for each pleading or motion relief. (stas) (Entered: 06/25/2013)
2013-06-25	41	Cross MOTION for Summary Judgment by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Proposed Order)(Hayes, Mark) (Entered: 06/25/2013)
2013-06-25	42	Notice of Hearing Date set for 07/12/13 re 41 Cross MOTION for Summary Judgment (Hayes, Mark) (Entered: 06/25/2013)
2013-06-25	43	Memorandum in Support re 41 Cross MOTION for Summary Judgment filed by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Affidavit Declaration of Mark C. Hayes, # 2 Pl. Attachment 1, # 3 Pl. Attachment 2, # 4 Pl. Attachment 3, # 5 Pl. Attachment 4, # 6 Pl. Attachment 5, # 7 Pl. Attachment 6, # 8 Pl. Attachment 7, # 9 Pl. Attachment 8, # 10 Pl. Attachment 9)(Hayes, Mark) (Entered: 06/25/2013)
2013-06-26	44	Notice of Hearing Date (Corrected) set for 07/12/2013 re 41 Cross MOTION for Summary Judgment (Hayes, Mark) (Entered: 06/26/2013)
2013-06-26		Set Deadlines as to 41 Cross MOTION for Summary Judgment . Motion Hearing set for 7/12/2013 at 10:00 AM in Alexandria Courtroom 700 before District Judge Liam O'Grady. (clar, ) (Entered: 06/26/2013)
2013-07-01	45	AGREED ORDER Based upon the foregoing, and for good cause, it is hereby ORDERED that the due date of Deft's consolidated Reply to Pltf Opposition to Deft's Second Motion for Summary Judgment and Opposition to Pltf's Cross-Motion for Summary Judgment shall be extended by four (4) days until July 5, 2013, and it is further ORDERED that Pltf may file, by July 10, 2013 a Reply to Deft's Opposition to Pltf's Cross Motion for Summary Judgment. IT IS HEREBY ORDERED. (See order for details). Signed by District Judge Liam O'Grady on 7/1/2013. (stas) (Entered: 07/01/2013)
2013-07-05	46	NOTICE by Federal Trade Commission Revised Submission of Original Production for In Camera Review (Kimball, Kimere) (Entered: 07/05/2013)
2013-07-05	47	REPLY to Response to Motion re 36 Second MOTION for Summary Judgment , 41 Cross MOTION for Summary Judgment filed by Federal Trade Commission. (Attachments: # 1 Exhibit Gov't Att 5, # 2 Exhibit Gov't Att 6)(Kimball, Kimere) (Entered: 07/05/2013)
2013-07-05	48	RESPONSE in Opposition re 41 Cross MOTION for Summary Judgment filed by Federal Trade Commission. (Attachments: # 1 Exhibit Gov't Att 5, # 2 Exhibit Gov't Att 6)(Kimball, Kimere) (Entered: 07/05/2013)
2013-07-10	49	REPLY to Response to Motion re 41 Cross MOTION for Summary Judgment filed by Carter Fullerton & Hayes, LLC. (Attachments: # 1 Exhibit Plaintiff Attachment 10, # 2 Exhibit Plaintiff Attachment 11, # 3 Exhibit Plaintiff Attachment 12)(Hayes, Mark) (Entered: 07/10/2013)
2013-07-12	50	Minute Entry for proceedings held before District Judge Liam O'Grady: Motion Hearing held on 7/12/2013 re 36 Second MOTION for Summary Judgment filed by Federal Trade Commission, and 41 Cross MOTION for Summary Judgment filed by Carter Fullerton & Hayes, LLC. Appearances of counsel. Defendant shall file an affidavit from Mr. Joshua Wright w/in 30 days. Plaintiff shall have 15 days following defendant's filing to respond and defendant shall have 10 days to file a reply. Order to follow. (Court Reporter N. Linnell.)(dper) (Entered: 07/12/2013)
2013-07-12	51	ORDER that this matter comes before the Court on parties' cross-motions for summary judgment [36 and 41]. The Court heard argument and takes the issue of summary judgment under advisement. For the reasons stated in open court, it is hereby ORDERED that Defendant shall file an affidavit from Mr. Joshua Wright and accompanying support no later than 30 days from issuance of this Order. It is further ORDERED that Plaintiff shall have 15 days following the Defendant's filing to submit a response and Defendant shall then have a period of 10 days in which to file a reply, if necessary. Signed by District Judge Liam O'Grady on 7/12/13. (dper) (Entered: 07/12/2013)
2013-07-19	52	NOTICE by Federal Trade Commission re 46 NOTICE, 48 Response in Opposition to Motion, 47 Reply to Response to Motion, Notice of Correction of Original Vaughn Index (Kimball, Kimere) (Entered: 07/19/2013)
2013-08-12	53	NOTICE by Federal Trade Commission re 51 Order,, 36 Second MOTION for Summary Judgment , 48 Response in Opposition to Motion, 47 Reply to Response to Motion, (Attachments: # 1 Exhibit Gov't Att 7 (Wright Decl), # 2 Exhibit Gov't Att 8 (Mackey Decl))(Kimball, Kimere) (Entered: 08/12/2013)
2013-08-27	54	RESPONSE by Carter Fullerton & Hayes, LLC re 51 Order,, 53 NOTICE, Response to Notice (Attachments: # 1 Exhibit Plaintiff Attachment 13, # 2 Exhibit Plaintiff Attachment 14, # 3 Exhibit Plaintiff Attachment 15)(Hayes, Mark) Modified on 8/28/2013 to correct docket text (stas). (Entered: 08/27/2013)
2013-09-06	55	Reply to Plaintiff's Response to Defendant's Notice filed by Federal Trade Commission. (Attachments: # 1 Appendix App. A (excerpts from Vaughn Indexes Regarding Deliberations Involving Wright), # 2 Exhibit Revised Redaction of Gov't Att. 7 (Wright Decl.) Ex. 4, # 3 Exhibit Gov't Att. 9 (DOJ Office of Legal Counsel Mem. Op.), # 4 Exhibit Gov't Att. 10 (Office of Govt Ethics Op.))(Kimball, Kimere) (Entered: 09/06/2013)
2013-10-04	56	MEMORANDUM OPINION re: Defendant's Second Motion for Summary Judgment 36 and Plaintiff's Cross-motion for Summary Judgment 41 . Signed by District Judge Liam O'Grady on 10/04/13. (dper) (Entered: 10/07/2013)
2013-10-04	57	ORDER, for good cause shown and for the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED that: Defendant's 36 Second Motion for Summary Judgment is GRANTED; Plaintiff's 41 Cross-Motion for Summary Judgment is DENIED. The Clerk shall enter judgment pursuant to Fed.R.Civ.P. 58. Signed by District Judge Liam O'Grady on 10/04/13. (dper) (Entered: 10/07/2013)
2013-10-07	58	JUDGMENT, pursuant to the Order of this Court entered on October 4, 2013, and in accordance with Federal Rules of Civil Procedure 58, JUDGMENT is hereby entered in favor of Defendant, Federal Trade Commission, and against Plaintiff, Carter, Fullerton & Hayes. (Entered by Clerk on 10/7/13 and filed). (dper) (Entered: 10/07/2013)
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