weberse, and all others
I am not really sure what is happening. Rumor has it that the first two days of the trial did not go well for the FTC
There are several filings from last week, the first 2 below are the most relevant, in my opinion
Friday, there were notices of filing of the transcripts from Day 1 and 2
Date Filed # Docket Text
07/30/2019 197
ORDER indicating that upon conclusion of Plaintiff's case at the Bench Trial, counsel for defendant orally motioned the Court to Exclude Portions of Dr. Yarbrough's Testimony on 7/30/19, therefore the Court takes this matter under advisement and indicates that an expedited transcript of the Bench Trial held to this point be prepared by 8/2/19, and that the costs of said transcription shall be paid 50% by Plaintiff and 50% by Defendant; Defendant's written Motion for above stated relief, with Brief, are due 9/3/19; Plaintiff's Response thereto is due by 9/17/19; any Defendant Reply is due by 9/24/19; and any Plaintiff Sur-Reply is due 10/1/19; Oral Argument on this matter is set 10/29/19 at 2:00 p.m. in Courtroom 5B before Judge Nora Barry Fischer. Signed by Judge Nora Barry Fischer on 7/30/19. (jg) (Entered: 07/30/2019)
07/31/2019 199
ORDER indicating that Plaintiff Federal Trade Commission is directed to file Dr. David Yarbrough's rebuttal deposition of record and also to provide a hard copy of same to the Court by 8/7/19. To conserve paper Plaintiff is to print four pages per sheet. Signed by Judge Nora Barry Fischer on 7/31/19. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jg) (Entered: 07/31/2019)
Best as I can figure, we have anew timeline, culminating on October 29 with the Oral Argument
Bottom line seems to be that, if their expert witness has been repudiated, and he is the only witness they called, then the FTC no longer has a case against IVDN, But they will string it out as long as they can, because that has been their reason for this case from the very beginning, in my opinion
I will try to continue updates from PACER and elsewhere as I receive them
GD11
