ORDER
Submission of this case was vacated on March 4, 2021. This case is resubmitted for decision effective as of the date of this order.
As the FTC states in its brief, the district courts July 7, 2020 preliminary injunction order was entered “to preserve assets pending a final judgment that could include equitable monetary relief” in this action under § 13(b) of the FTC Act, 15 U.S.C. § 53(b). In AMG Capital Management, LLC v. Federal Trade Commission, 593 U.S. ––––, 141 S.Ct. 1341, ––– L.Ed.2d –––– (2021), the Supreme Court unanimously held “that § 13(b) as currently written does not grant the Commission authority to obtain equitable monetary relief.” Id. at 1352. Accordingly, the July 7, 2020 preliminary injunction is VACATED, and the case is REMANDED to the district court for further proceedings consistent with the Supreme Courts decision in AMG Capital Management.
Each side shall bear its own costs.