Axon Enterprise, Inc.
Volume 169 · 169 F.T.C. 664
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Axon Enterprise, Inc., 169 F.T.C. 664 (2020). Consumer Law Library, https://consumerlawlibrary.org/decisions/v169-0033
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IN THE MATTER OF AXON ENTERPRISE, INC., AND SAFARILAND, LLC Docket No. 9389. Order, March 13, 2020 Opinion and Order granting the Joint Expedited Motion to Reschedule the Administrative Hearing. ORDER GRANTING JOINT EXPEDITED MOTION TO RESCHEDULE THE ADMINISTRATIVE HEARING On January 3, 2020, the Commission filed an administrative complaint against Respondents Axon Enterprise, Inc. and Safariland, LLC challenging Axon’s acquisition of VieVu, LLC from Safariland. The Complaint was accompanied by a Notice specifying that the evidentiary hearing in this proceeding would begin on May 19, 2020. Respondents and Complaint Counsel have now filed a Joint Expedited Motion to Reschedule the Administrative Hearing. That motion requests that the hearing commence on June 23, 2020.
Commission Rule of Practice 3.41(b) provides that the Commission may order a later date for the commencement of an evidentiary hearing “upon a showing of good cause.” 16 C.F.R. § 3.41(b). The Joint Motion explains that current public health risks are interfering with plans for depositions scheduled to begin on March 17. It states that approximately 50 depositions have been or are being scheduled, involving witnesses located throughout the country and will involve extensive air travel. According to the Joint Motion, issues regarding the availability of witnesses and counsel for the parties and for third parties are making the current deposition schedule infeasible, and extending the hearing date is necessary for the parties to reschedule depositions for dates that are more practicable.
Under the circumstances presented, we find that there is good cause for the requested continuance. Public health concerns have complicated scheduling and travel, and deferring commencement of the evidentiary hearing will facilitate the necessary adjustments. Accordingly, IT IS HEREBY ORDERED that the Joint Expedited Motion to Reschedule the Administrative Hearing is GRANTED. The evidentiary hearing shall begin on June 23, 2020, at 10:00 a.m. The Administrative Law Judge retains discretion to adjust any pre-hearing deadlines to the extent compatible with the hearing date as extended by this Order. By the Commission.
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