Federal Trade Commission v. Adept Management, Inc. et al
Filing
728
OPINION AND ORDER: Defendant's Motions for Reconsideration 705 717 718 and 720 are DENIED. Please access entire text by document number hyperlink. Ordered and Signed on 06/07/2019 by Magistrate Judge Mark D. Clarke. (rsm)
IN THE UNITED STATES DISTR1CT COURT
FOR THE DISTRICT OF OREGON
MEDFORD DIVISION
Civ. No. 1:16-cv-00720-CL
FEDERAL TRADE COMMISSION,
Plaintiff,
OPINION AND ORDER
v.
ADEPT MANAGEMENT INC., et al,
Defendants.
CLARKE, Magistrate Judge.
This case comes before the Court on post-trial motions. For the reasons below, Hoyal
Defendants' Motion for Reconsideration (#705) is denied, the Simpson Defendants' Motion to
Reconsider (#717) is denied, Defendant Lydia Puglsey's Motion for Reconsideration (#718) is
denied, Defendant William Strickler's Motion for Reconsideration (#720) is denied.
DISCUSSION
I.
Hoyal Defendants' Motion is Denied.
The Hoyal Defendants move for reconsideration and for amendment to the Court's
Findings of Fact and Conclusions of Law. They contend that a recent decision of the United
States Court of Appeals for the Third Circuit, FTC v. Shire Viropharma, Inc., 917 F .3d 147, No.
18-8071 (3d Cir. February 25, 2019), requires this Court to dismiss the claims against the
defendants for past violations of the FTC Act. The Court disagrees.
Page- I -ORDER
First, the Court considered the Shire case prior to entering its Findings of Fact and
Conclusions of Law. The Hoyal Defendants alerted the Court to the existence of the Third
Circuit's decision in their Supplemental Conclusion of Law (#674), and the Court read and
considered that filing prior to issuing its decision. The Court ultimately rejected the Shire case
as contrary to well-established precedent in the Ninth Circuit and as distinguishable from the
facts in the case at bar. The Hoyal Defendants' motion for reconsideration presents no new facts
or legal authority, and the Court can find no reason to amend its prior decision. The motion is
denied.
II.
Simpson Defendants' Motion to Reconsider is denied.
The Simpson Defendants' motion is based on the same theory as the Hoyal Defendants'
motion, and explicitly joins in that motion as well. For the same reasons discussed above, the
Simpson Defendants' motion is denied.
III.
Defendant Lydia Pugsley and William Strickler's motions are denied.
Defendants Lydia Pugsley and William Strickler move to join in the motions filed by the
Hoyal defendants. These motions are denied for the reasons below.
ORDER
Defendants' motions for reconsideration(## 705, 717, 718, 720) are denied.
United States Magistrate Judge
Page
2 - ORDER
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