FTC Sought ‘Emergency Extension’ of Meta TRO Hours Before Its Expiration

The FTC filed a motion Tuesday for an “emergency extension” of its joint stipulated temporary restraining order that bars Meta from consummating its Within Unlimited buy until after 11:59 p.m. Pacific time on the first business day after the court rules on its motion for a preliminary injunction. In the alternative, the FTC requests a seven-day extension in the TRO, “which would eliminate the need for an additional immediate emergency motion in the event the Court denies the preliminary injunction,” said the motion (docket 5:22-cv-04325) in U.S. District Court for Northern California in San Jose. The FTC asked U.S. District Judge Edward Davila to “issue this relief” before 11:59 p.m. PST Tuesday when the existing TRO was to expire. Doing so will preserve the status quo” until on the preliminary injunction “and the parties can determine their immediate next steps,” it said. Consummation of Meta's Within buy "will irreparably harm the FTC’s ability to obtain effective relief for the public at the conclusion of any further proceedings," said FTC Senior Trial Counsel Abby Dennis in a declaration accompanying the emergency motion. “Given the exigent circumstances” of the FTC’s emergency motion, “and that time is of the essence, the FTC could not meet and confer” with Meta before filing the motion and has sought Meta’s consent for extending the TRO, said Dennis. She gave no explanation why the agency let the expiring TRO go down to the wire.