Louisiana Real Estate Appraisers Board

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IN THE MATTER OF LOUISIANA REAL ESTATE APPRAISERS BOARD Docket No. 9374. Order, July 19. 2018 Order staying the proceedings pursuant to an Order of the Court of Appeals for the Fifth Circuit. ORDER STAYING ADMINISTRATIVE PROCEEDING On April 10, 2018, the Commission issued an Opinion and Order1 that denied Respondent’s motion to dismiss the complaint, and dismissed Respondent’s third and ninth affirmative defenses.2 On April 19, 2018, Respondent filed a petition for review of the Commission Opinion and Order with the United States Court of Appeals for the Fifth Circuit. On April 20, 2018, Respondent filed a motion to stay proceedings in this matter pending appellate review of its Petition. On June 6, 2018, the Commission denied that motion.3 On June 11, 2018, Respondent filed a motion to stay this proceeding pending appeal with the Court of Appeals for the Fifth Circuit. On July 17, 2018, the Court of Appeals for the Fifth Circuit issued the attached Order granting that Motion until further order of that court. Accordingly, IT IS HEREBY ORDERED that all proceedings before the Commission and the Administrative Law Judge in this matter, including the Oral Argument currently scheduled for August 27, 2018, be, and they hereby are, stayed until further order of the Court of Appeals for the Fifth Circuit and the Commission.

By the Commission.

1 In the Matter of Louisiana Real Estate Appraisers Board, Docket No. 9374, Opinion and Order of the Commission (April 10, 2018), at 21, available at https://www.ftc.gov/system/files/documents/cases/d09374_opinion_and_order _of_the_commission_04102018_redacted_public_version.pdf.

2 Answer of Respondent Louisiana Real Estate Appraisers Board to the Complaint (June 19, 2017), at 12, available at https://www.ftc.gov/system/files/documents/cases/d09374lreabanswer.pdf. Affirmative Defense No. 3 avers that “[t]he Complaint fails adequately to allege that the Board has a controlling number of active participants in the relevant residential appraisal market”) (emphasis in original), while Affirmative Defense No. 9 avers that the Respondent “is immune from federal antitrust liability under Parker v. Brown, 317 U.S. 341 (1943).” 3 Commission Order Denying Stay Pending Appellate Review (June 6, 2018), available at https://www.ftc.gov/system/files/documents/cases/d09374_lreab_order_denying_stay_pending_appellate_review_0 6062018.pdf.

523 LOUISIANA REAL ESTATE APPRAISERS BOARD Interlocutory Orders, Etc.

Attachment VOLUME 166 Interlocutory Orders, Etc.