FTC V. AMG CAPITAL MANAGEMENT, LLC, No. 16-17197 (9th Cir. 2021)

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This opinion or order relates to an opinion or order originally issued on December 3, 2018.

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FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. AMG CAPITAL MANAGEMENT, LLC; BLACK CREEK CAPITAL CORPORATION; BROADMOOR CAPITAL PARTNERS, LLC; LEVEL 5 MOTORSPORTS, LLC; SCOTT A. TUCKER; PARK 269 LLC; KIM C. TUCKER, Defendants-Appellants. No. 16-17197 D.C. No. 2:12-cv-00536GMN-VCF ORDER On Remand from the United States Supreme Court Filed June 8, 2021 Before: Diarmuid F. O’Scannlain and Carlos T. Bea, Circuit Judges, and Richard G. Stearns, * District Judge. Order * The Honorable Richard G. Stearns, United States District Judge for the District of Massachusetts, sitting by designation. 2 FTC V. AMG CAPITAL MGMT. ORDER In light of the Supreme Court’s decision in AMG Capital Mgmt., LLC v. FTC, 141 S. Ct. 1341 (2021), the opinion of this Court dated December 3, 2018, 910 F.3d 417, is VACATED, and judgment is entered REVERSING the district court’s order awarding equitable monetary relief to the FTC. We remand this case to the district court for further proceedings consistent with the Supreme Court’s opinion. REVERSED and REMANDED.

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