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Federal Trade Commission v. Timeshare Mega Media and Marketing Group

November 23, 2011

FEDERAL TRADE COMMISSION, PLAINTIFF,
v.
TIMESHARE MEGA MEDIA AND MARKETING GROUP, INC., A FLORIDA CORPORATION, ALSO D/B/A TIMESHARE MARKET PRO, INC., ET AL., DEFENDANTS.



The opinion of the court was delivered by: Robin S. Rosenbaum United States Magistrate Judge

ORDER

This matter comes before the Court upon Non-parties Federal Bureau of Investigation and FBI Special David M. Roberts's Motion to Quash Subpoena and for Protective Order [D.E. 98], upon referral by the Honorable William J. Zloch. See D.E. 101. The Court has reviewed the Non-parties' Motion and Defendants Lisa and Pasquale Pappalardo's Response [D.E. 99]. In their Response, Defendants suggest that the FBI and Agent Roberts have waived any privilege that they might have otherwise had by filing the Declaration of Agent Roberts ("Declaration") in this matter. See D.E. 99 at 3.

A review of the docket sheet reveals that the Declaration was, indeed, filed in support of the Ex Parte Motion for Temporary Restraining Order, see D.E. 11-1, and examination of the FTC's Memorandum in Support of Its Ex Parte Motion [D.E. 8] shows that the FTC relied upon the evidence contained in the Declaration in making its argument that a temporary restraining order was warranted. See, e.g., D.E. 8 at 8 n.32, 10 n.38, n.39, n.43, 11 n.46, n.47, n.49. Thereafter, the Court issued the requested Ex Parte Temporary Restraining Order. See D.E. 13.

Based on this record, it is hereby ORDERED AND ADJUDGED that by Friday, December 2, 2011, Non-parties FBI and Special Agent Roberts shall file a brief with the Court explaining (1) why any regulations or privileges that might otherwise apply to shield Special Agent Roberts from deposition have not been waived, and (2) if the Court finds that any waiver has occurred, whether that waiver is limited in any way, and if so, how.

cc: Hon. William J. Zloch

Counsel of Record

20111123

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