Credit Bureau Center, LLC, et al. v. Federal Trade Commission
Whether the Federal Trade Commission's administrative enforcement action under Section 57b of the FTC Act violates due process or exceeds statutory authority when seeking monetary penalties against a private entity
No question identified. : To the Honorable Amy Coney Barrett, Associate Justice of the Supreme Court of the United States and Circuit Justice for the Seventh Circuit: Pursuant to Supreme Court Rule 13.5, Petitioners Credit Bureau Center, LLC, and Michael Brown respectfully request an extension of time of 60 days to file their Petition for Writ of Certiorari in this Court, up to and including April 1, 2024. JUDGMENT FOR WHICH REVIEW IS SOUGHT The judgment for which review is sought is Federal Trade Commission v. Credit Bureau Center, LLC, No. 21-2945 (Aug. 30, 2023) (attached as Exhibit 1). The U.S. Court of Appeals for the Seventh Circuit denied Petitioners’ timely petition for en banc rehearing on November 3, 2023. A Petition for Writ of Certiorari is therefore presently due in this Court on February 1, 2024. This application for an extension of time is filed fewer than ten days prior to that date. JURISDICTION This case is an appeal from a final judgment entered against Petitioners pursuant to 15 U.S.C. § 57b of the Federal Trade Commission Act. This Court has jurisdiction over the questions under 28 U.S.C. § 1254. REASONS FOR GRANTING EXTENSION OF TIME Extraordinary circumstances exist for the requested extension. Caleb Kruckenberg, who has represented Petitioners since the Seventh Circuit’s decision was issued, and is currently counsel of record, will be substituted as counsel by Oliver Dunford. Mr. Kruckenberg has been the attorney primarily responsible for this matter and is familiar with the facts and legal issues involved. However, Mr. Dunford has recently taken over this matter, and will become counsel of record and file the petition for a writ of certiorari. Because of the short time in which Petitioner may now file a petition with this Court, Mr. Dunford needs additional time to be able to adequately present the facts and issues for this Court’s consideration. This is Petitioners’ first request for an extension of time. Counsel for Respondent was contacted but did not provide a position on this request. CONCLUSION For the foregoing reasons, Petitioners request that this Court grant an extension of 60 days, up to and including April 1, 2024, within which they may file a petition for writ of certiorari. DATED: January 25, 2024. Respectfully submitted, “a Za a ZA = CALEB KRUCKENBERG Counsel of Record Pacific Legal Foundation 3100 Clarendon Blvd, Suite 1000 Arlington, VA 22201 Telephone: (202) 888-6881 Facsimile: (916) 419-7747 Counsel for Petitioners CERTIFICATE OF SERVICE A copy of this application was served via email and U.S. mail to counsel listed below in accordance with Supreme Court Rules 22.2 and 29.3: Michael Bergman Federal Trade Commission — Office of the General Counsel H-564 Org 0721, Mail Stop H-144 600 Penn. Ave., N.W. Washington, D.C. 20580 mbergman@ftc.gov Attorney for Respondent, Federal Trade Commission DATED: January 25, 2024. Respectfully submitted, CALEB KRUCKENBERG Counsel of Record Pacific Legal Foundation 3100 Clarendon Blvd, Suite 1000 Arlington, VA 22201 Telephone: (202) 888-6881 Facsimile: (916) 419-7747 Counsel for Petitioners