Century 21 Commodore Plaza, Inc

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IN THE MATTER OF CENTURY 21 COMMODORE PLAZA, INC., ET AL. Docket 9088. Interlocutory Order, Sept. 21, 1978 ORDER DENYING AS Moot RESPONDENTS’ Motions To Compel PRODUCTION OF DOCUMENTS SUBMITTED TO THE COMMISSION ON PROPOSED INJUNCTION AND FOR DISCOVERY OF ALL MEMORANDA, DOCUMENTS, COMMUNICATIONS OR CONTACTS WITH THE COMMISSION REGARDING PROPOSED INJUNCTION Administrative Law Judge Lewis F. Parker has certified to the Commission respondents’ motions to compel production of documents submitted to the Commission on an injunction proposed by complaint counsel, and for discovery of all memoranda, documents, communications or contacts with the Commission regarding the proposed injunction. The administrative law judge has recommended that all ex parte communications regarding the merits of this case which staff may have made to the Commission with respect to the proposed injunction be released.

The matter is moot. By minute of July 31, 1978, the Commission directed that all such ex parte communications from the staff, which contain statements of fact and mixed statements of fact and law which appear to relate to facts in issue, be placed on the public record. By reason of a clerical oversight, this was not done; however, the Commission has been informed that the pertinent materials have since been placed on the public record, pursuant to its July 31, 1978 directive. This procedure fully conforms to Rules of Practice Section 4.7(f, which governs communications, like these, that are not prohibited by Section 4.7(b). Accordingly, inasmuch as the Commission is unaware of any further ex parte communications on this subject, either written or oral, It is ordered, That respondents’ motions be, and hereby are, denied as moot.

IN TERUCU UNG. HY AL. 4uo 405 _ Complaint