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    The Federal Trade Commission filed a motion to dismiss a case brought against it by Mark and Marianne Hershiser and Native Essence Herb Company. The motion argues that the court lacks jurisdiction to enjoin an enforcement action since the FTC has not initiated any enforcement proceedings against the plaintiffs. It also claims the plaintiffs' attempt to preemptively enjoin a hypothetical enforcement action is not ripe for judicial review. The motion requests dismissal on these grounds.

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    Hershiser v. FTC, Motion to Dismiss (July 31, 2008).

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    The Federal Trade Commission filed a motion to dismiss a case brought against it by Mark and Marianne Hershiser and Native Essence Herb Company. The motion argues that the court lacks jurisdiction to enjoin an enforcement action since the FTC has not initiated any enforcement proceedings against the plaintiffs. It also claims the plaintiffs' attempt to preemptively enjoin a hypothetical enforcement action is not ripe for judicial review. The motion requests dismissal on these grounds.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    Download as pdf or txt
    14 views3 pages

    8F52 MtnDismiss

    Uploaded by

    antitrusthall
    The Federal Trade Commission filed a motion to dismiss a case brought against it by Mark and Marianne Hershiser and Native Essence Herb Company. The motion argues that the court lacks jurisdiction to enjoin an enforcement action since the FTC has not initiated any enforcement proceedings against the plaintiffs. It also claims the plaintiffs' attempt to preemptively enjoin a hypothetical enforcement action is not ripe for judicial review. The motion requests dismissal on these grounds.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 3

    UNITED STATES DISTRICT COURT

    DISTRICT OF NEW MEXICO

    MARK HERSHISER, MARIANNE


    HERSHISER, AND NATIVE
    ESSENCE HERB COMPANY,

    Plaintiffs, Civil No. 08–cv-0603 BB/RHS

    v.

    FEDERAL TRADE COMMISSION,

    Defendant.

    MOTION TO DISMISS

    Pursuant to Federal Rule of Civil Procedure 12(b)(1), the Federal Trade Commission

    hereby moves to dismiss this case. The grounds for this motion are that this Court has no

    jurisdiction to enjoin an enforcement action, and plaintiffs’ attempt to enjoin a non-existent

    enforcement action is not ripe. These grounds are set forth more fully in the memorandum in

    support of this motion filed with this motion.


    Respectfully submitted,

    GREGORY G. KATSAS
    Assistant Attorney General

    C. FREDERICK BECKNER III


    Deputy Assistant Attorney General
    OF COUNSEL:
    EUGENE M. THIROLF
    WILLIAM BLUMENTHAL Director
    General Counsel

    JOHN F. DALY
    Deputy General Counsel
    For Litigation
    /s/
    LESLIE RICE MELMAN DRAKE CUTINI
    Attorney Attorney
    Office of the General Counsel Office of Consumer Litigation
    Federal Trade Commission Civil Division
    Washington, DC 20850 Department of Justice
    202-326-2478 P.O. Box 386
    Washington, DC 20044
    202-307-0044
    drake.cutini@usdoj.gov

    GREGORY J. FOURATT
    United States Attorney

    Filed Electronically 7/31/2008


    JAN ELIZABETH MITCHELL
    Assistant U.S. Attorney
    U.S. Attorney’s Office
    P.O. Box 607
    Albuquerque, NM 87103
    505-346-7274
    jan.mitchell@usdoj.gov

    2
    CERTIFICATE OF SERVICE

    I HEREBY CERTIFY that on July 31, 2008, I filed the foregoing pleading electronically

    through the CM/ECF system, which caused the following parties or counsel to be served by

    electronic means, as more fully reflected on the Notice of Electronic Filing:

    Richard Jaffe, Attorney for Plaintiffs


    E-mail: rickjaffeesq@aol.com
    Judith A. Rosenstein, Attorney for Plaintiffs
    E-mail: jrosenstein7@cybermesa.com

    /s
    JAN ELIZABETH MITCHELL
    Assistant U.S. Attorney

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