FTC’s appeal of preliminary injunction staying noncompete rule in Florida continues

The FTC will, absent any extensions, be filing its appellate brief in the 11th Circuit on November 4, 2024.

As you will recall, on September 24, 2024, the parties in The Properties of the Villages case asked the court to stay the case pending the FTC’s appeal.

On October 1, 2024, the court granted the stay and directed the clerk to administratively close the case as follows:

while the Court’s ruling on the preliminary injunction motion is on appeal. No later than 30 days following the Eleventh Circuit’s decision, the parties shall file a joint status report suggesting next steps; in the interim, no further filings are required. 

In the meantime, the FTC’s brief in the 11th Circuit is due November 4, 2024.

The FTC’s opposition will be due 30 day after service of that brief (likely December 4, assuming no extensions of time), and any reply brief will be due 21 days after that (December 25 – though it’s safe to assume that won’t happen that day!).

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*Thank you to Erika Hahn for monitoring for the schedule.