UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
October 19, 2000
FEDERAL TRADE COMMISSION,
H. J. HEINZ, COMPANY, ET AL.,
The opinion of the court was delivered by: James Robertson, United States District Judge
The Federal Trade Commission moves for an injunction pending appeal. The Defendants have undertaken in open court that they will take no steps to consummate the merger pending a further order of the Court of Appeals provided that the Commission files its anticipated motion for an injunction pending appeal (with a motion for expedited appeal) by Monday, October 23, 2000. The Commission represents that it is prepared to meet that schedule. With that undertaking and that representation, and because this Court is not in a position to determine whether the Court of Appeals will entertain an expedited appeal (or, if so, how long the expedited process might take), it is this 19th day of October 2000
ORDERED that the Commission's motion for an injunction pending appeal [# ] pursuant to Rule 62 of the Federal Rules of Civil Procedure is denied.
Richard B. Dagen Paul J. Nolan Gary H. Schorr Thomas S. Respess III Joseph Brownman David A. Balto James A. Fishkin Federal Trade Commission 600 Pennsylvania Avenue, N.W. Washington, DC 20580 Counsel for Plaintiff
Edward R. Henneberry Howrey & Simon 1299 Pennsylvania Avenue, N.W. Washington, DC 20004-2402 Counsel for Defendant H. J. Heinz Company
Mark Kovner Gerald F. Masoudi David R. Pruitt Kirkland & Ellis 655 15th Street, N.W. 12th Floor Washington, DC 20005 Counsel for Defendant Milnot Holding Corporation
David A. Bentley Dewey Ballantine L.L.P. 1775 Pennsylvania Avenue, N.W. Washington, DC 20006-4605 Wayne A. Cross Michael J. Gallagher Michelle L. Wilhelm Dewey Ballantine L.L.P. 1301 Avenue of the Americas New York, NY 10019-6092 Counsel for Non Party Gerber
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