Opinion
Civil Action 4:20-CV-02717
08-03-2023
FEDERAL TRADE COMMISSION, Plaintiff, v. ZAAPPAAZ, LLC, et al., Defendants.
ORDER ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATION
KEITH P. ELLISON UNITED STATES DISTRICT JUDGE
Pending before the Court is the Report and Recommendation (“R & R”) of United States Magistrate Judge Dena Hanovice Palermo. ECF. No. 117. This case was referred to Judge Palermo pursuant to 28 U.S.C. § 636(b)(1)(B) on June 21, 2021. ECF. No. 50
The R & R addresses FTC's motion for summary judgment, ECF No. 99, Defendants' motion for partial summary judgment on damages, ECF No. 101, Defendants' objections to Plaintiff's summary judgment evidence, ECF No. 102, and Plaintiff's motion to exclude the testimony of Rosemary Coates, ECF No. 112. Both parties timely filed Objections to Judge Palermo's R & R, ECF. Nos. 118, 119. Both parties filed a Response, ECF Nos. 124, 125.
As required by 28 U.S.C. § 636(b)(1)(C), the Court has conducted a de novo review of the portions of the R & R to which Plaintiff and Defendants objected. However, the Court agrees with the conclusions, and the reasoning, of the R & R. Accordingly, the Court hereby ADOPTS the R & R. Therefore, FTC's motion for summary judgment is GRANTED as to liability and DENIED as to damages, Defendant's motion for partial summary judgment on damages is DENIED, FTC's request for a permanent injunction is DENIED, and Plaintiff's motion to exclude the testimony of Rosemary Coates is DENIED as moot.
IT IS SO ORDERED.