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 1310163

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairwoman

Julie Brill

Maureen K. Ohlhausen

Joshua D. Wright

Terrell McSweeny

____________________________________

)

In the Matter of )

)

Service Corporation International, ) Docket No. C-4423

 a corporation, and )

)

Stewart Enterprises, Inc., )

 a corporation. )

____________________________________)

DECISION AND ORDER

The Federal Trade Commission, having initiated an investigation of the proposed 

acquisition by Respondent Service Corporation International (“SCI”) of the outstanding voting 

securities of Respondent Stewart Enterprises, Inc. (“Stewart”), and Respondents having been 

furnished thereafter with a copy of a draft of complaint that the Bureau of Competition proposed 

to present to the Commission for its consideration and which, if issued by the Commission, 

would charge Respondents with violations of Section 7 of the Clayton Act, as amended, 15 

U.S.C. § 18, and Section 5 of the Federal Trade Commission Act, as amended, 15 U.S.C. § 45; 

and

Respondents, their attorneys, and counsel for the Commission having thereafter executed 

an agreement containing consent orders (“Consent Agreement”), an admission by Respondents

of all the jurisdictional facts set forth in the aforesaid draft of complaint, a statement that the 

signing of said Consent Agreement is for settlement purposes only and does not constitute an 

admission by Respondents that the law has been violated as alleged in such complaint, or that the 

facts as alleged in such complaint, other than jurisdictional facts, are true, and waivers and other 

provisions as required by the Commission’s Rules; and

The Commission having thereafter considered the matter and having determined that it 

had reason to believe that Respondents have violated the said Acts, and that a complaint should

issue stating its charges in that respect, and having thereupon issued its complaint and its Order 

to Hold Separate and Maintain Assets (“Hold Separate Order”) and having accepted the executed 
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Consent Agreement and placed such Consent Agreement on the public record for a period of 

thirty (30) days for the receipt and consideration of public comments, and having duly 

considered any comments received from interested persons pursuant to Commission Rule 2.34, 

16 C.F.R. § 2.34, now in further conformity with the procedure described in Commission Rule

2.34, the Commission hereby makes the following jurisdictional findings and enters the 

following Decision and Order (“Order”):

1. Respondent Service Corporation International is a corporation organized, existing, and 

doing business under, and by virtue of, the laws of the State of Texas, with its corporate 

office and principal place of business located at 1929 Allen Parkway, Houston, Texas 

77019.

2. Respondent Stewart Enterprises, Inc., is a corporation organized, existing, and doing 

business under, and by virtue of, the laws of the State of Louisiana, with its corporate 

office and principal place of business located at 1333 South Clearview Parkway, 

Jefferson, Louisiana 70121.

3. The Federal Trade Commission has jurisdiction of the subject matter of this proceeding 

and of the Respondents and the proceeding is in the public interest.

ORDER

I.

IT IS HEREBY ORDERED that, as used in this Order, the following definitions shall 

apply:

A. “SCI” means Service Corporation International, its directors, officers, employees, agents, 

representatives, successors, and assigns; and the subsidiaries, divisions, groups, and 

affiliates in each case controlled by Service Corporation International (including, after the 

Acquisition, Stewart) and the respective directors, officers, employees, agents, 

representatives, successors, and assigns of each.

B. “Stewart” means Stewart Enterprises, Inc., its directors, officers, employees, agents, 

representatives, successors, and assigns; and the subsidiaries, divisions, groups, and 

affiliates in each case controlled by Stewart Enterprises, Inc., and the respective directors, 

officers, employees, agents, representatives, successors, and assigns of each.

C. “Commission” means the Federal Trade Commission.

D. “Acquirer” means any Person that receives the prior approval of the Commission to 

acquire any of the Divestiture Assets pursuant to this Order.

E. “Acquisition” means the proposed acquisition described in the Agreement and Plan of 

Merger among Service Corporation International, RIO Acquisition Corp. and Stewart 

Enterprises, Inc., dated as of May 28, 2013.
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F. “Acquisition Date” means the date the Acquisition is consummated.

G. “Cemetery Services” means all activities relating to the promotion, marketing, sale, and 

provision of property, goods, and services, to provide for the final disposition of human 

remains in a cemetery, whether by burial, entombment in a mausoleum or crypt, 

disposition in a niche, or scattering of cremated remains on the cemetery grounds.

H. “Confidential Information” means competitively sensitive, proprietary, and all other 

business information of any kind, including any and all of the following information:

1. all information that is a trade secret under applicable trade secret or other law;

2. all information concerning product specifications, data, know-how, formulae, 

compositions, processes, designs, sketches, photographs, graphs, drawings, 

samples, inventions and ideas, past, current and planned research and 

development, current and planned manufacturing or distribution methods and 

processes, customer lists, current and anticipated customer requirements, price 

lists, market studies, business plans, software and computer software and database 

technologies, systems, structures, and architectures;

3. all information concerning the relevant business (which includes historical and 

current financial statements, financial projections and budgets, tax returns and 

accountants’ materials, historical, current and projected sales, capital spending 

budgets and plans, business plans, strategic plans, marketing and advertising 

plans, publications, client and customer lists and files, contracts, the names and 

backgrounds of key personnel and personnel training techniques and materials); 

and

4. all notes, analyses, compilations, studies, summaries and other material to the 

extent containing or based, in whole or in part, upon any of the information 

described above;

PROVIDED, HOWEVER, that Confidential Information shall not include information 

that (i) was, is, or becomes generally available to the public other than as a result of a 

breach of this Order; (ii) was or is developed independently of and without reference to 

any Confidential Information; or (iii) was available, or becomes available, on a nonconfidential basis from a third party not bound by a confidentiality agreement or any 

legal, fiduciary or other obligation restricting disclosure.

I. “Contract” means any agreement, contract, lease, consensual obligation, promise or 

undertaking (whether written or oral and whether express or implied), whether or not 

legally binding; including, but not limited to, Pre-Need Contracts.

J. “Corporate Trade Names” means the following commercial names, trade names, “doing 

business as (d/b/a) names, registered and unregistered trademarks and service marks: 
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“Service Corporation International,” “SCI,” “Dignity” (including “Dignidad,” “Dignite,” 

and other translations of Dignity into languages other than English), “Dignity Memorial,” 

“Alderwoods,” “Keystone,” “Key Memories,” “Stewart,” “Stewart Enterprises,” “STEI,” 

“SE,” and “Simplicity Plan.”

K. “Direct Cost” means the actual cost of labor, including employee benefits, materials, 

resources, travel expenses, services, the actual cost of any third-party charges, and other 

expenditures to the extent the costs are directly incurred to provide the relevant assistance 

or service.

L. “Divestiture Agreement” means any agreement between Respondents (or between a 

Divestiture Trustee) and an Acquirer to divest the Divestiture Assets, or otherwise to 

accomplish the requirements of this Order, and all amendments, exhibits, attachments, 

agreements, and schedules thereto, that have been approved by the Commission to 

accomplish the requirements of this Order.

M. “Divestiture Assets” means all of Respondents’ right, title, and interest in and to all 

property and assets, real, personal or mixed, tangible and intangible, of every kind and 

description, wherever located, and any improvements or additions thereto, relating to 

operation of the Divestiture Business, including, but not limited to:

1. all real property interests (including fee simple interests and real property 

leasehold interests), including all easements, and appurtenances, together with all 

buildings and other structures, facilities, and improvements located thereon, 

owned, leased, or otherwise held;

2. all Tangible Personal Property, including any Tangible Personal Property 

removed from any location of the Divestiture Business since the date of the 

announcement of the Acquisition, and not replaced, if such property is necessary 

to operate a Divestiture Business as a going concern, unless such Tangible 

Personal Property was removed in the ordinary course of business and has a 

replacement cost of less than $5,000;

3. all inventories;

4. all (i) trade accounts receivable and other rights to payment from customers and 

the full benefit of all security for such accounts or rights to payment, including all 

trade accounts receivable representing amounts receivable in respect of goods 

shipped or products sold or services rendered to customers, (ii) all other accounts 

or notes receivable and the full benefit of all security for such accounts or notes 

and (iii) any claim, remedy or other right related to any of the foregoing;

5. all Contracts and all outstanding offers or solicitations to enter into any Contract, 

and all rights thereunder and related thereto;
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6. all consents, licenses, registrations, or permits issued, granted, given, or otherwise 

made available by or under the authority of any governmental body or pursuant to 

any legal requirement, and all pending applications therefor or renewals thereof, 

to the extent assignable;

7. all data and Records, including client and customer lists and Records, referral 

sources, research and development reports and Records, production reports and 

Records, service and warranty Records, equipment logs, operating guides and 

manuals, financial and accounting Records, creative materials, advertising 

materials, promotional materials, studies, reports, correspondence and other 

similar documents and Records, and copies of all personnel Records (to the extent 

permitted by law); 

8. all intangible rights and property, including Intellectual Property owned or 

licensed (as licensor or licensee) by Respondents, going concern value, goodwill, 

and telephone and telecopy listings;

9. all insurance benefits, including rights and proceeds; and

10. all rights relating to deposits and prepaid expenses, claims for refunds and rights 

to offset in respect thereof;

PROVIDED, HOWEVER, that the Divestiture Assets need not include any:

(i) Retained Assets;

(ii) Retained Intellectual Property; and

(iii) Assets not needed by Acquirer and the Commission approves the divestiture 

required by Paragraph II.A. of this Order without such assets.

N. “Divestiture Business” means the provision of Funeral Services, Cemetery Services, or 

both, by Respondents prior to the Acquisition at the locations identified in Appendix A to 

this Order.

O. “Divestiture Business Employee” means any individual (i) who is or was employed by 

Respondents on a full-time, part-time, or contract basis as of the Acquisition Date and (ii) 

whose job responsibilities related primarily to the Divestiture Business at any time as of 

and after the date of the announcement of the Acquisition.

P. “Divestiture Date” means the date on which Respondents (or the Divestiture Trustee) 

close on any transaction to divest any of the Divestiture Assets to an Acquirer.

Q. “Employee Information” means employment information relating to any Divestiture 

Business Employee, to the extent permitted by law, including, but not limited to, name, 

job title or position, date of hire, description of job responsibilities, salary or current 
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wages, the most recent bonus paid, employment status (i.e., active or on leave or 

disability; full-time or part-time; contract), any other material terms and conditions of 

employment in regard to such employee that are not otherwise generally available to 

similarly situated employees, and employee benefit plans.

R. “Funeral Services” means all activities relating to the promotion, marketing, sale, and 

provision of funeral services and funeral goods, including, but not limited to, goods and 

services used to remove, care for, and prepare bodies for burial, cremation, or other final 

disposition; and goods and services used to arrange, supervise, or conduct the funeral 

ceremony or final disposition of human remains.

S. “Hold Separate Business” means the business, assets, and employees identified in the 

Hold Separate Order that Respondents shall hold separate pursuant to the Hold Separate 

Order.

T. “Hold Separate Employees” means the Divestiture Business Employees identified in 

Paragraph I.S. of the Hold Separate Order.

U. “Intellectual Property” means all intellectual property, including (i) commercial names, 

all assumed fictional business names, trade names, “doing business as” (d/b/a names),

registered and unregistered trademarks, service marks and applications; (ii) all patents, 

patent applications and inventions and discoveries that may be patentable; (iii) all 

registered and unregistered copyrights in both published works and unpublished works; 

(iv) all rights in mask works; (v) all know-how, trade secrets, confidential or proprietary 

information, customer lists, software, technical information, data, process technology, 

plans, drawings, and blue prints; (vi) and all rights in internet web sites and internet 

domain names presently used.

V. “Key Employee” means (i) funeral home Divestiture Business Employees whose job title 

is funeral director, location manager, or other job title with responsibilities similar to 

those of funeral director or location manager and (ii) cemetery Divestiture Business

Employees whose job responsibilities include management of a cemetery.

W. “License” means (i) a worldwide, royalty-free, paid-up, perpetual, irrevocable, 

transferrable, and sublicensable license; and (ii) such tangible embodiments of the 

licensed rights (including, but not limited to, physical and electronic copies) as may be 

necessary or appropriate to enable an Acquirer to use the rights.

X. “National” in reference to an asset, license, program, or activity means that such an asset, 

license, program, or activity is used by Respondents in the operation of both (i) one or 

more Divestiture Businesses and (ii) at least ten (10) of Respondents’ other businesses 

that provide Funeral Services or Cemetery Services.

Y. “Optional Divestiture Assets” means the Divestiture Assets relating to the operation of 

the Divestiture Business located at: (i) Woodlawn Memory Gardens 101 58th Street 

South, St. Petersburg, Florida 33707; (ii) Orlando Memorial Gardens, 5264 Ingram 
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Road, Apopka, Florida 32703; and (iii) Cannon Memorial Park, Funerals and 

Cremations – Jones Chapel, 603 West Curtis Street, Simpsonville, South Carolina 29681.

Z. “Person” means any individual, partnership, corporation, business trust, limited liability 

company, limited liability partnership, joint stock company, trust, unincorporated 

association, joint venture or other entity or a governmental body.

AA. “Pre-Need Contract” means any type of contract or other agreement entered into by a 

person for the purchase of Funeral Services or Cemetery Services at a future time,

regardless of whether such agreement is revocable or how payment for such services is 

arranged.

BB. “Preparation Services” means transportation of human remains, embalming, cosmetizing, 

and other preparation of human remains for a funeral service, burial service, or cremation 

as well as the cremation of human remains.

CC. “Prospective Acquirer” means a Person that Respondents (or the Divestiture Trustee) 

intend to submit to the Commission for its prior approval to acquire Divestiture Assets 

pursuant to Paragraph II (or Paragraph IV) of this Order.

DD. “Record” means information that is inscribed on a tangible medium or that is stored in an 

electronic or other medium and is retrievable in perceivable form.

EE. “Respondents” means SCI and Stewart, individually and collectively; provided, however,

that after the Acquisition Date, Respondents shall mean SCI.

FF. “Retained Assets” means:

1. Respondents’ corporate headquarters;

2. Corporate Trade Names and portions of website content, domain names, or e-mail 

addresses that contain Corporate Trade Names;

3. The trade names “Baldwin-Fairchild,” “D.W. Newcomer’s Sons,” “Davis,” 

“Funeraria Del Angel,” “Caughman-Harman,” and “Mount Moriah” (but only 

those rights as they relate to Mount Moriah Cemetery South and Mount Moriah & 

Freeman Funeral Home);

4. Website names and content at www.baldwinfairchild.com, www.davisfunerals

andcremations.com, and www.funerariasdelangel.com;

5. National information systems;

6. National licenses, unless such licenses are not generally available to the public;
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7. National supply or service agreements, and National proprietary or licensed 

advertising programs;

8. Leases of Tangible Personal Property that pertain to generally available property 

relating to office furniture, office equipment, or computers;

9. Assets at locations other than a Divestiture Business if such assets are not 

exclusively or primarily used in the operation of such Divestiture Business;

10. Subject to the requirements of Paragraph III. of this Order, a copy of any data or 

Records that contain information concerning both (a) one or more Divestiture 

Businesses and (b) one or more other businesses that Respondents are not 

required to divest, and

11. Licenses to non-proprietary software generally available to the public.

GG. “Retained Intellectual Property” means any owned or licensed (as licensor or licensee) 

Intellectual Property (not included in the Retained Assets) relating to both to the 

operation of any Divestiture Business and any other business owned by SCI prior to the 

Acquisition or acquired by SCI in the Acquisition, unless such Intellectual Property 

relates primarily to the Divestiture Business.

HH. “Specified State” means California, Florida, Maryland, Missouri, North Carolina, 

Pennsylvania, Tennessee, or Texas.

II. “Support Services” means Preparation Services and administrative and technical services 

that Respondents provide to the Divestiture Business and Divestiture Assets that are not 

performed by employees who are permanently located at any of the Divestiture 

Businesses, including, but not limited to (i) human resources and administrative services, 

(ii) federal and state regulatory compliance and policy development services, (iii) 

environmental health and safety services, (iv) financial accounting services, (v) 

preparation of tax returns, (vi) audit services, (vii) information technology support 

services, (viii) processing of accounts payable and accounts receivable, (ix) technical 

support, (x) procurement of supplies, (xi) maintenance and repair of facilities, (xii) legal 

services, or (xiii) other support services as needed to operate the Hold Separate Business 

in the same manner as before the Acquisition Date.

JJ. “Support Services Employee” means any individual employed by Respondents who provides Support Services to the Hold Separate Business pursuant to Paragraph V.C. of the 

Hold Separate Order.

KK. “Tangible Personal Property” means all machinery, equipment, tools, furniture, office 

equipment, computer hardware, supplies, materials, vehicles, and other items of tangible 

personal property (other than inventories) of every kind owned or leased, together with 

any express or implied warranty by the manufacturers or sellers or lessors of any item or 

component part thereof and all maintenance records and other documents relating thereto.
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LL. “Transitional Assistance” means assistance with respect to providing Funeral Services or 

Cemetery Services on a transitional basis, including assistance relating to administrative 

and support services.

II.

IT IS FURTHER ORDERED that:

A. Respondents shall:

1. No later than 180 days from the date this Order is issued, divest the Divestiture 

Assets absolutely and in good faith, at no minimum price, as on-going businesses, 

to an Acquirer or Acquirers that receive(s) the prior approval of the Commission 

and in a manner (including execution of a Divestiture Agreement with each 

Acquirer) that receives the prior approval of the Commission; and

2. No later than the Divestiture Date, grant a License to all Retained Intellectual 

Property to each Acquirer (in a manner that receives the prior approval of the 

Commission) that will permit the Acquirer to operate the relevant Divestiture 

Business in substantially the same manner as Respondents prior to the 

Acquisition, including the freedom to extend existing services and products and 

develop new services and products;

PROVIDED HOWEVER that Respondents need not divest the Optional Divestiture 

Assets if the relevant Acquirer does not want to acquire such assets and the Commission 

approves the divestiture without them; PROVIDED FURTHER that Respondents may 

receive Preparation Services from an Acquirer, if needed, on a transitional basis (subject 

to the prior approval of the Commission).

B. Respondents shall divest each of the following groupings of funeral homes and/or

cemeteries to no more than one Acquirer:

1. Lancaster, California: (i) Halley-Olsen-Murphy Funerals and Cremations, 

44831 N. Cedar Avenue, Lancaster, California 93534 and (ii) Antelope Valley 

Cremation Service, 619 West Milling, Lancaster, California 93534.

2. Los Angeles, California: (i) Lubyen Family Dilday-Motell Mortuary, 5161 

Arbor Road, Long Beach, California 90808; (ii) Funeraria Del Angel JT Oswald, 

1001 North Maclay, San Fernando, California 91340; and (iii) Custer 

Christiansen Mortuary – Covina, 124 S. Citrus Avenue, Covina, California 

91723.

3. San Diego, California: (i) Clairemont Mortuary, 4266 Mt. Abernathy Avenue, 

San Diego, California 92117 and (ii) Greenwood Memorial Park and Mortuary, 

4300 Imperial Avenue, San Diego, California 92113.
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4. Clearwater/St. Petersburg, Florida: (i) Moss Feaster Funeral Home, 1320 

Main Street, Dunedin, Florida 34698, (ii) Moss Feaster Funeral Home, 693 South 

Belcher Road, Clearwater, Florida 33764, (iii) Woodlawn Memory Gardens, 101 

58th Street South, St. Petersburg, Florida 33707, and (iv) Memorial Park Funeral 

Home & Cemetery, 5750 49th Street North, St. Petersburg, Florida 33709.

5. Miami, Florida: (i) Funeraria Memorial Plan – San Jose, 220 East 4th Avenue, 

Hialeah, Florida 33010; (ii) Funeraria Memorial Plan – Westchester, 9800 SW 

24th Street, Miami, Florida 33165; (iii) Branam Funeral Home, 809 North Drome 

Avenue, Homestead, Florida 33030; (iv) Memorial Plan Flagler Memorial Park, 

5301 West Flagler Street, Miami, Florida 33134; and (v) Memorial Plan Miami 

Memorial Park, 6200 SW 77th Avenue, Miami, Florida 33143.

6. Ocala, Florida: (i) Roberts Funeral Home, 606 Southwest 2nd Avenue, Ocala, 

Florida 34471; (ii) Roberts Funeral Home – Bruce Chapel East, 2739 SE 

Maricamp Road, Ocala, Florida 34471; (iii) Roberts Funeral Home – Bruce 

Chapel West, 6241 SW State Road 200, Ocala, Florida 34476; and (iv) Good 

Shepherd Memorial Gardens, 5050 SW 20th Street, Ocala, Florida 32111.

7. Orlando, Florida: (i) Carey-Hand Cox Parker Funeral Home, 1350 West 

Fairbanks Avenue, Winter Park, Florida 32789; (ii) Colonial Chapel/Carey Hand, 

2811 East Curry Ford Road, Orlando, Florida 32806; (iii) Collison Carey Hand 

Funeral Home, 1148 East Plant Street, Winter Garden, FL 34787; (iv) Orlando 

Memory Gardens, 5264 Ingram Road, Apopka, Florida 32703; and (v) Highland 

Memory Gardens, 3329 East Semoran Boulevard, Apopka, Florida 32703.

8. Atlanta, Georgia: (i) Holly Hill Memorial Park, 359 West Broad Street, 

Fairburn, Georgia 30213; and (ii) Eastlawn Memorial Park, 640 McGarity Road, 

McDonough, Georgia 30252.

9. New Orleans, Louisiana: (i) Schoen Funeral Home, 3827 Canal Street, New 

Orleans, Louisiana 70119; (ii) Garden of Memories Funeral Home and Cemetery, 

4900 Airline Drive, Metairie, Louisiana 70001; and (iii) Greenwood Funeral 

Home, 5200 Canal Boulevard, New Orleans, Louisiana 70124.

10. Jackson, Mississippi: (i) Wright & Ferguson Funeral Home – Clinton, 106 

Cynthia Street, Clinton, Mississippi 39056 and (ii) Wright & Ferguson Funeral 

Home – Raymond, 201 Hinds Boulevard, Raymond, Mississippi 39154.

11. Kansas City, Missouri: (i) Mount Moriah Terrace Park Funeral Home and 

Cemetery, 801 Northwest 108th Street, Kansas City, Missouri 64155; (ii) 

Overland Park Chapel, 8201 Metcalf Avenue, Overland Park, Kansas 66204; and 

(iii) Johnson County Funeral Chapel and Memorial Gardens, 11200 Metcalf 

Avenue, Overland Park, Kansas 66210.
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12. Philadelphia, Pennsylvania: (i) George Washington Memorial Park/Kirk & 

Nice Funeral Home, 80 Stenton Avenue, Plymouth Meeting, Pennsylvania 19462 

and (ii) Sunset Memorial Park/Kirk & Nice Suburban Chapel, 333 County Line 

Road, Feasterville, Pennsylvania 19053.

13. Greenville, South Carolina: (i) Cannon Memorial Park, Funerals and 

Cremations – Fountain Inn, 1150 North Main Street, Fountain Inn, South Carolina 

29644 and (ii) Cannon Memorial Park, Funerals and Cremations – Jones Chapel, 

603 West Curtis Street, Simpsonville, South Carolina 29681.

14. Knoxville, Tennessee: (i) New Gray Cemetery, 2724 Western Avenue, 

Knoxville, Tennessee 37921 and (ii) Greenwood Cemetery, 3500 Tazewell Pike, 

Knoxville, Tennessee 37918.

15. Houston, Texas: (i) South Park Funeral Home and Cemetery, 1310 North Main 

Street, Pearland, Texas 77518 and (ii) San Jacinto Memorial Park and Funeral 

Home, 14659 East Freeway, Houston, Texas 77015.

16. Northern Virginia, Virginia: (i) Everly Wheatley Funeral Home – Alexandria, 

1500 West Braddock Road, Alexandria, Virginia 22302 and (ii) Everly 

Community Funeral Care, 6161 Leesburg Pike, Falls Church, Virginia 22044.

17. Richmond, Virginia: (i) Greenwood Memorial Gardens, 12609 Patterson 

Avenue, Richmond, Virginia 23238 and (ii) Sunset Memorial Park, 2901 West 

Hundred Road, Chester, Virginia 23831.

C. Notwithstanding any other provision of this Order:

1. Respondents may use any trade names included in the Divestiture Assets in 

connection with operation of the relevant funeral homes and cemeteries to be 

retained by Respondents (“Retained Properties”) for a period of up to twelve (12) 

months from the relevant Divestiture Date, including, but not limited to:

(a) “Lasilla” for the funeral home located at 406 H Street, Lincoln, California 

95648;

(b) “Halley-Olsen-Murphy” for the funeral home located at 3150 East 

Palmdale Boulevard, Palmdale, California 93550;

(c) “Moss Feaster” for the funeral homes located at 13401 Indian Rocks 

Road, Largo, Florida 33774 and 2550 Highlands Boulevard North, Palm 

Harbor, Florida 34684;

(d) “Forest Hills” for the funeral homes located at 1170 Southwest Bayshore 

Boulevard, Port St. Lucie, Florida 34983 and 6801 Southeast Federal 

Highway, Stuart, Florida 34997;

(e) “Funeraria Memorial Plan” for the funeral homes located at 1717 SW 

37th Avenue, Miami, Florida 33145 and 7355 SW 117th Avenue, Miami, 

Florida 33183;
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(f) “Memorial Plan” for the cemeteries located at 14200 SW 117th Avenue, 

Miami, Florida 33186, 1301 NW Opa Locka Boulevard, Miami, Florida 

33167, and 15000 West Dixie Highway, North Miami, Florida 33181;

(g) “Wright & Ferguson” for the funeral homes located at 350 High Street, 

Jackson, Mississippi 39202 and 1161 Highland Colony Parkway, 

Ridgeland, Mississippi 39157;

(h) “Cannon” for the funeral home located at 603 West Curtis Street, 

Simpsonville, South Carolina 29681 (if applicable);

(i) “Cole & Garrett” for the funeral home located at 212 Highway 76, 

Whitehouse, Tennessee 37188, and 182 West Main Street, 

Hendersonville, Tennessee 37075;

(j) “Restland” for the funeral home located at 400 South Freeport Parkway, 

Coppell, Texas 75019; and

(k) “Everly” for the funeral home located at 10565 Main Street, Fairfax 

22030, Virginia; and

The new trade names under which Respondents seek to conduct business for each 

of the Retained Properties shall not include any of the trade names, words, or 

other designations that are assets of the relevant businesses within the Divestiture 

Businesses; and

2. Respondents shall grant an Acquirer a license to use any trade names (excluding 

any Corporate Trade Names) used in the operation of the relevant Divestiture 

Business that Respondents are not required to divest pursuant to this Order, in 

connection with operation of the relevant funeral homes and cemeteries to be

divested, for a period of up to twelve (12) months from the relevant Divestiture 

Date, including, but not limited to: 

(a) “Funeraria Del Angel” for the funeral home located at 1001 North 

Maclay, San Fernando, California 91340;

(b) “Caughman-Harman St. Andrews” for the funeral home located at 5400 

Bush River Road, Columbia, South Carolina 29212; and

(c) “Baldwin-Fairchild” for the cemetery located at 3329 East Semoran 

Boulevard, Apopka, Florida 32703;

(d) “D.W. Newcomer’s Sons” for the funeral homes and cemeteries located 

at 8201 Metcalf Avenue, Overland Park, Kansas 66204 and 11200 

Metcalf Avenue, Overland Park, Kansas 66210;

(e) “Davis” at the cemetery located at 1730 W. English Road, High Point, 

North Carolina 27262; and 

The trade names under which an Acquirer seeks to conduct business for properties 

divested by Respondents shall not include any of the trade names, words, or other

designations that are assets of the businesses being retained by Respondents.
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D. No later than the Divestiture Date, Respondents shall:

1. Secure all consents, assignments, and waivers from all Persons that are necessary 

for the divestiture of any Divestiture Assets; provided, however, that Respondents 

may satisfy this requirement by certifying that an Acquirer has executed 

appropriate agreements directly with each of the relevant Persons; and

2. Take all actions necessary to ensure that divestiture of any Divestiture Assets 

meets federal, state, local, and municipal requirements necessary to transfer such 

assets to an Acquirer.

E. Respondents shall not enforce any agreement against any Person or Acquirer to the extent 

that such agreement may limit or otherwise impair the ability of an Acquirer to acquire, 

operate, or use the relevant Divestiture Assets.

F. At the request of an Acquirer and in a manner that receives the prior approval of the 

Commission, Respondents shall provide Transitional Assistance to such Acquirer for a 

period not to exceed six (6) months (or such other period as the Commission may 

approve) after Respondents divest the relevant Divestiture Assets:

1. Such assistance shall be sufficient to enable the Acquirer to operate the relevant

Divestiture Assets and Divestiture Business in substantially the same manner and 

at the same quality achieved by Respondents prior to the divestiture; and

2. Respondents shall not (i) require the Acquirer to pay compensation for 

Transitional Assistance that exceeds the Direct Cost of providing such goods and 

services; (ii) terminate their obligation to provide Transitional Assistance because 

of a material breach by the Acquirer of the agreement to provide such assistance, 

in the absence of a final order of a court of competent jurisdiction; or (iii) seek to 

limit the damages (such as indirect, special, and consequential damages) which

the Acquirer would be entitled to receive in the event of Respondents’ breach of 

any agreement to provide Transitional Assistance.

G. At the request of an Acquirer, Respondents shall use their best efforts to assist the 

Acquirer in the fulfillment of any Pre-need Contract included in the Divestiture Assets

relating to the sale of a branded funeral package, including, but not limited to (i) Dignity 

Memorial Funeral Plan or (ii) Key Memories Plan, entered into by Respondents prior to 

the Divestiture Date; provided, however, that this Paragraph requires Respondents to 

assist only with such goods and services that the Acquirer cannot reasonably provide on 

its own.

H. Respondents shall allow an Acquirer or Prospective Acquirer an opportunity to recruit 

and employ any Divestiture Business Employee relating to the relevant Divestiture 

Business and Divestiture Assets under the following terms and conditions:
14

1. No later than ten (10) days after a request from an Acquirer or Prospective 

Acquirer, or Commission staff, Respondents shall (i) identify each Divestiture 

Business Employee, (ii) provide the Employee Information for each Divestiture 

Business Employee; (iii) allow the Acquirer or Prospective Acquirer an 

opportunity to meet personally with and interview such employee outside the 

presence or hearing of Respondents, and (iv) allow the Acquirer to inspect the 

personnel files and other documentation relating to any such employee, to the 

extent permissible under applicable laws;

2. Respondents shall (i) not offer any incentive to any Divestiture Business 

Employee to decline employment with the Acquirer or Prospective Acquirer, (ii) 

remove any contractual impediments with Respondents that may deter any 

Divestiture Business Employee from accepting employment with the Acquirer or 

Prospective Acquirer, including, but not limited to, any non-compete or 

confidentiality provisions of employment or other contracts with Respondents that 

would affect the ability of such employee to be employed by the Acquirer or 

Prospective Acquirer, and (iii) not otherwise interfere with the recruitment, hiring, 

or employment of any Divestiture Business Employee by the Acquirer or 

Prospective Acquirer;

3. Respondents shall (i) vest all current and accrued pension benefits as of the date 

of transition of employment with the Acquirer for any Divestiture Business 

Employee who accepts an offer of employment from the Acquirer or Prospective 

Acquirer no later than thirty (30) days from the relevant Divestiture Date, (ii) 

provide any Key Employee to whom the Acquirer or Prospective Acquirer has 

made an offer of employment with reasonable financial incentives to accept a 

position with the Acquirer or Prospective Acquirer at the time of divestiture of the 

relevant Divestiture Assets; and

4. For a period of two (2) years commencing on the Divestiture Date applicable to 

the relevant business within the Divestiture Businesses, Respondents shall not, 

directly or indirectly, solicit, induce, or attempt to solicit or induce any 

Divestiture Business Employee who has accepted offers of employment with the 

Acquirer, or who is employed by the Acquirer, to terminate their employment 

relationship with the Acquirer; provided, however, a violation of this provision 

will not occur if: (1) the individual’s employment has been terminated by the 

Acquirer, (2) Respondents advertise for employees in newspapers, trade 

publications, or other media not targeted specifically at the employees, or (3) 

Respondents hire employees who apply for employment with Respondents, so 

long as such employees were not solicited by Respondents in violation of this 

paragraph.

I. Respondents shall not, directly or indirectly, solicit, induce, or attempt to solicit or induce 

a consumer who has a Pre-Need Contract (included in the Divestiture Assets) to 

terminate such contract and enter into a Pre-Need Contract with Respondents; provided, 

however, a violation of this provision will not occur if: (1) a consumer initiates 
15

communications with Respondents regarding a Pre-Need Contract; or (2) Respondents 

advertise in newspapers, trade publications, or other media in a manner not targeted 

specifically at customers of an Acquirer.

J. The Commission may order Respondents to divest additional assets relating to 

Preparation Services not included in the Divestiture Assets, or effect other appropriate 

arrangements, as the Commission determines are necessary to ensure the divestiture of 

the Divestiture Assets as ongoing viable enterprises.

K. If related to a geographic area located within a Specified State, Respondents shall provide 

a copy of each:

1. Notification described in Paragraph V.B.1. of this Order to the relevant Specified

State at the same time that such notification is transmitted to the Commission; and

2. Application (including supporting materials) submitted to the Commission for its 

prior approval to acquire the Divestiture Assets pursuant to Paragraph II.A. of this 

Order to the relevant Specified State at the same time that such application is 

transmitted to the Commission.

L. The purpose of the divestiture of the Divestiture Assets is to ensure the continued use of 

the assets in the same businesses in which such assets were engaged at the time of the 

announcement of the Acquisition by Respondents and to remedy the lessening of 

competition resulting from the Acquisition as alleged in the Commission’s Complaint.

III.

IT IS FURTHER ORDERED that:

A. Respondents shall (i) keep confidential (including as to Respondents’ employees) and (ii) 

not use for any reason or purpose, any Confidential Information received or maintained

by Respondents relating to the Divestiture Business or Divestiture Assets; provided, 

however, that Respondents may disclose or use such Confidential Information in the 

course of:

1. Performing their obligations or as permitted under this Order, the Hold Separate 

Order, or any Divestiture Agreement (Hold Separate Employees and Support 

Services Employees shall be deemed to be performing obligations under the Hold 

Separate Order); or

2. Complying with financial reporting requirements, obtaining legal advice,

prosecuting or defending legal claims, investigations, or enforcing actions 

threatened or brought against the Divestiture Business or Divestiture Assets, or as 

required by law.
16

B. If disclosure or use of any Confidential Information is permitted to Respondents’ employees or to any other Person under Paragraph III.A. of this Order, Respondents shall limit 

such disclosure or use (i) only to the extent such information is required, (ii) only to those 

employees or Persons who require such information for the purposes permitted under 

Paragraph III.A., and (iii) only after such employees or Persons have signed an agreement 

to maintain the confidentiality of such information.

C. Respondents shall enforce the terms of this Paragraph III. as to its employees or any other

Person, and take such action as is necessary to cause each of its employees and any other 

Person to comply with the terms of this Paragraph III., including implementation of 

access and data controls, training of its employees, and all other actions that Respondents 

would take to protect their own trade secrets and proprietary information.

IV.

IT IS FURTHER ORDERED that:

A. If Respondents have not fully complied with the divestiture and other obligations as 

required by Paragraph II. of this Order, the Commission may appoint a Divestiture 

Trustee to divest the Divestiture Assets and perform Respondents’ other obligations in a 

manner that satisfies the requirements of this Order. The Divestiture Trustee appointed 

pursuant to this Paragraph may be the same Person appointed as Hold Separate Trustee 

pursuant to the Hold Separate Order.

B. In the event that the Commission or the Attorney General brings an action pursuant to 

§ 5(l) of the Federal Trade Commission Act, 15 U.S.C. § 45(l), or any other statute 

enforced by the Commission, Respondents shall consent to the appointment of a 

Divestiture Trustee in such action to divest the relevant assets in accordance with the 

terms of this Order. Neither the appointment of a Divestiture Trustee nor a decision not 

to appoint a Divestiture Trustee under this Paragraph shall preclude the Commission or 

the Attorney General from seeking civil penalties or any other relief available to it, 

including a court-appointed Divestiture Trustee, pursuant to § 5(l) of the Federal Trade 

Commission Act, or any other statute enforced by the Commission, for any failure by the 

Respondents to comply with this Order.

C. The Commission shall select the Divestiture Trustee, subject to the consent of 

Respondents, which consent shall not be unreasonably withheld. The Divestiture Trustee 

shall be a person with experience and expertise in acquisitions and divestitures. If 

Respondents have not opposed, in writing, including the reasons for opposing, the 

selection of any proposed Divestiture Trustee within ten (10) days after notice by the staff 

of the Commission to Respondents of the identity of any proposed Divestiture Trustee, 

Respondents shall be deemed to have consented to the selection of the proposed 

Divestiture Trustee.

D. Within ten (10) days after appointment of a Divestiture Trustee, Respondents shall 

execute a trust agreement that, subject to the prior approval of the Commission, transfers 
17

to the Divestiture Trustee all rights and powers necessary to permit the Divestiture 

Trustee to effect the relevant divestiture or other action required by the Order.

E. If a Divestiture Trustee is appointed by the Commission or a court pursuant to this Order, 

Respondents shall consent to the following terms and conditions regarding the 

Divestiture Trustee’s powers, duties, authority, and responsibilities:

1. Subject to the prior approval of the Commission, the Divestiture Trustee shall 

have the exclusive power and authority to assign, grant, license, divest, transfer, 

deliver, or otherwise convey the relevant assets that are required by this Order to 

be assigned, granted, licensed, divested, transferred, delivered, or otherwise 

conveyed, and to take such other action as may be required to divest the 

Divestiture Assets.

2. The Divestiture Trustee shall have twelve (12) months from the date the 

Commission approves the trust agreement described herein to accomplish the 

divestiture, which shall be subject to the prior approval of the Commission. If, 

however, at the end of the twelve (12) month period, the Divestiture Trustee has 

submitted a plan of divestiture or believes that the divestiture can be achieved 

within a reasonable time, the divestiture period may be extended by the 

Commission, or in the case of a court-appointed Divestiture Trustee, by the court.

3. Subject to any demonstrated legally recognized privilege, the Divestiture Trustee

shall have full and complete access to the personnel, books, records, and facilities 

related to the relevant assets that are required to be assigned, granted, licensed, 

divested, delivered, or otherwise conveyed by this Order and to any other relevant 

information, as the Divestiture Trustee may request. Respondents shall develop 

such financial or other information as the Divestiture Trustee may request and 

shall cooperate with the Divestiture Trustee. Respondents shall take no action to 

interfere with or impede the Divestiture Trustee’s accomplishment of the 

divestiture. Any delays in divestiture caused by Respondents shall extend the 

time for divestiture under this Paragraph IV in an amount equal to the delay, as 

determined by the Commission or, for a court-appointed Divestiture Trustee, by 

the court.

4. The Divestiture Trustee shall use commercially reasonable best efforts to 

negotiate the most favorable price and terms available in each contract that is 

submitted to the Commission, subject to Respondents’ absolute and unconditional 

obligation to divest expeditiously and at no minimum price. The divestiture shall 

be made in the manner and to an Acquirer as required by this Order; provided, 

however, if the Divestiture Trustee receives bona fide offers from more than one 

acquiring entity, and if the Commission determines to approve more than one 

such acquiring entity, the Divestiture Trustee shall divest to the acquiring entity 

selected by Respondents from among those approved by the Commission; 

provided further, however, that Respondents shall select such entity within five 

(5) days of receiving notification of the Commission’s approval.
18

5. The Divestiture Trustee shall serve, without bond or other security, at the cost and 

expense of Respondents, on such reasonable and customary terms and conditions 

as the Commission or a court may set. The Divestiture Trustee shall have the 

authority to employ, at the cost and expense of Respondents, such consultants, 

accountants, attorneys, investment bankers, business brokers, appraisers, and 

other representatives and assistants as are necessary to carry out the Divestiture 

Trustee’s duties and responsibilities. The Divestiture Trustee shall account for all 

monies derived from the divestiture and all expenses incurred. After approval by 

the Commission and, in the case of a court-appointed Divestiture Trustee, by the 

court, of the account of the Divestiture Trustee, including fees for the Divestiture 

Trustee’s services, all remaining monies shall be paid at the direction of the 

Respondents, and the Divestiture Trustee’s power shall be terminated. The 

compensation of the Divestiture Trustee shall be based at least in significant part 

on a commission arrangement contingent on the divestiture of all of the relevant 

assets that are required to be divested by this Order.

6. Respondents shall indemnify the Divestiture Trustee and hold the Divestiture 

Trustee harmless against any losses, claims, damages, liabilities, or expenses 

arising out of, or in connection with, the performance of the Divestiture Trustee’s 

duties, including all reasonable fees of counsel and other expenses incurred in 

connection with the preparation for, or defense of, any claim, whether or not 

resulting in any liability, except to the extent that such losses, claims, damages, 

liabilities, or expenses result from gross negligence or willful misconduct by the 

Divestiture Trustee. For purposes of this Paragraph IV.E.6., the term “Divestiture 

Trustee” shall include all Persons retained by the Divestiture Trustee pursuant to 

Paragraph IV.E.5. of this Order.

7. The Divestiture Trustee shall have no obligation or authority to operate or 

maintain the relevant assets required to be divested by this Order.

8. The Divestiture Trustee shall report in writing to Respondents and to the 

Commission every sixty (60) days concerning the Divestiture Trustee’s efforts to 

accomplish the divestiture.

9. Respondents may require the Divestiture Trustee and each of the Divestiture 

Trustee’s consultants, accountants, attorneys, and other representatives and 

assistants to sign a customary confidentiality agreement; provided, however, such 

agreement shall not restrict the Divestiture Trustee from providing any 

information to the Commission.

F. The Commission may require the Divestiture Trustee and each of the Divestiture 

Trustee’s consultants, accountants, attorneys, and other representatives and assistants to 

sign a confidentiality agreement related to Commission materials and information 

received in connection with the performance of the Divestiture Trustee’s duties.
19

G. If the Commission determines that a Divestiture Trustee has ceased to act or failed to act 

diligently, the Commission may appoint a substitute Divestiture Trustee in the same 

manner as provided in this Paragraph IV.

H. The Commission or, in the case of a court-appointed Divestiture Trustee, the court, may 

on its own initiative or at the request of the Divestiture Trustee issue such additional 

orders or directions as may be necessary or appropriate to accomplish the divestitures and 

other obligations or action required by this Order.

V.

IT IS FURTHER ORDERED that:

A. For a period of ten (10) years from the date this Order is issued, Respondents shall not, 

without providing advance written notification to the Commission, with respect to any of 

the geographic areas identified in Appendix B of this Order, acquire, directly or 

indirectly, through subsidiaries or otherwise, any leasehold, ownership interest, or any 

other interest, in whole or in part, in any concern, corporate or non-corporate, or in any 

assets engaged in Funeral Services or Cemetery Services, as specified in the relevant 

section of Appendix B of this Order.

B. With respect to the notification:

1. The prior notification required by this Paragraph V shall be given on the 

Notification and Report Form set forth in the Appendix to Part 803 of Title 16 of 

the Code of Federal Regulations as amended (hereinafter referred to as “the 

Notification”), and shall be prepared and transmitted in accordance with the 

requirements of that part, except that no filing fee will be required for any such 

notification, notification shall be filed with the Secretary of the Commission, 

notification need not be made to the United States Department of Justice, and 

notification is required only of the Respondents and not of any other party to the 

transaction.

2. Respondents shall provide the Notification to the Commission at least thirty (30) 

days prior to consummating the transaction (hereinafter referred to as the “first 

waiting period”). If, within the first waiting period, representatives of the 

Commission make a written request for additional information or documentary 

material (within the meaning of 16 C.F.R. § 803.20), Respondents shall not 

consummate the transaction until thirty (30) days after submitting such additional 

information or documentary material.

3. Early termination of the waiting periods in this Paragraph V may be requested 

and, where appropriate, granted by letter from the Bureau of Competition. 

Provided, however, that prior notification shall not be required by this Paragraph 

for a transaction for which notification is required to be made, and has been made, 

pursuant to Section 7A of the Clayton Act, 15 U.S.C. § 18a.
20

VI.

IT IS FURTHER ORDERED that:

A. All Divestiture Agreements shall be incorporated by reference into this Order and made a 

part hereof. Respondents shall comply with all terms of any Divestiture Agreement, and 

any breach by Respondents of any term of a Divestiture Agreement shall constitute a 

failure to comply with this Order. If any term of a Divestiture Agreement varies from the 

terms of this Order (“Order Term”), then to the extent that Respondents cannot fully 

comply with both terms, the Order Term shall determine Respondents’ obligations under 

this Order.

B. Respondents shall not modify, replace, or extend the terms of any Divestiture Agreement 

without the prior approval of the Commission. Notwithstanding any paragraph, section, 

or other provision of a Divestiture Agreement, any modification of such agreement 

without the prior approval of the Commission shall constitute a failure to comply with 

this Order, except as otherwise provided in Rule 2.41(f)(5) of the Commission’s Rules of 

Practice and Procedure, 16 C.F.R. § 2.41(f)(5).

VII.

IT IS FURTHER ORDERED that:

A. Respondents shall file a verified written report with the Commission setting forth in 

detail the manner and form in which they intend to comply, are complying, and have 

complied with this Order:

1. No later than thirty (30) days from the date this Order is issued and every thirty 

(30) days thereafter until Respondents have fully complied with the provisions of 

Paragraphs II.A. and II.F. of this Order; and

2. No later than one (1) year after the date this Order is issued and annually 

thereafter until this Order terminates, and at such other times as the Commission 

staff may request.

B. With respect to any divestiture required by Paragraph II.A. of this Order, Respondents 

shall include in their compliance reports (i) the status of the divestiture and transfer of the 

Divestiture Assets; (ii) a description of all Transitional Services provided to each 

Acquirer; (iii) a description of all substantive contacts with each Acquirer; and (iv) any 

other actions taken by Respondents relating to compliance with the terms of this Order 

and/or any Divestiture Agreement, and (v) as applicable, a statement that any divestiture 

approved by the Commission has been accomplished, including a description of the 

manner in which Respondents completed such divestiture and the date the divestiture was 

accomplished.
21

VIII.

IT IS FURTHER ORDERED that Respondents shall notify the Commission at least 

thirty (30) days prior to:

A. Any proposed dissolution of Respondents;

B. Any proposed acquisition, merger, or consolidation of Respondents; or 

C. Any other change in the Respondents, including, but not limited to, assignment and the 

creation or dissolution of subsidiaries, if such change might affect compliance obligations 

arising out of the Order.

IX.

IT IS FURTHER ORDERED that, for the purpose of determining or securing 

compliance with this Order, and subject to any legally recognized privilege, and upon written 

request and upon five (5) days’ notice to Respondents, Respondents shall, without restraint or 

interference, permit any duly authorized representative of the Commission:

A. Access, during business office hours of the Respondents and in the presence of counsel, 

to all facilities and access to inspect and copy all books, ledgers, accounts, 

correspondence, memoranda and all other records and documents in the possession, or 

under the control, of the Respondents related to compliance with this Order, which 

copying services shall be provided by the Respondents at their expense; and

B. To interview officers, directors, or employees of the Respondents, who may have counsel 

present, regarding such matters.

X.

IT IS FURTHER ORDERED that this Order shall terminate on April 29, 2024.

By the Commission, Commissioner McSweeny not participating.

Donald S. Clark

Secretary

SEAL:

ISSUED: April 29, 2014
22

Appendix A

Properties To Be Divested

State Area Owner FH/

CEM Property Name & Address

Alabama Mobile SCI FH Mobile Memorial Gardens Funeral Home

6040 Three Notch Road

Mobile, Alabama 36619

California Auburn Stewart FH Lasilla Funeral Chapel – Auburn

551 Grass Valley Highway

Auburn, California 95603

California Palmdale/

Lancaster

Stewart FH Halley-Olsen-Murphy Funerals & Cremations

44831 N. Cedar Avenue

Lancaster, California 93534

California Palmdale/

Lancaster

Stewart FH Antelope Valley Cremation Service

619 West Milling

Lancaster, California 93534

California Los Angeles

(Long Beach)

SCI FH Lubyen Family Dilday-Motell Mortuary

5161 Arbor Road

Long Beach, California 90808

California Los Angeles

(San Fernando 

Valley)

SCI FH Funeraria Del Angel JT Oswald

1001 North Maclay

San Fernando, California 91340

California Los Angeles

(East Lost 

Angeles 

County)

SCI FH Custer Christiansen Mortuary 

124 S. Citrus Avenue

Covina, California 91723

California San Diego

(Northern)

SCI FH Clairemont Mortuary

4266 Mt. Abernathy Avenue

San Diego, California 92117

California San Diego 

(Southern and 

Eastern)

SCI FH/

CEM

Greenwood Memorial Park & Mortuary (c)

4300 Imperial Avenue

San Diego, California 92113

Florida Clearwater SCI FH Moss Feaster Funeral Home – Dunedin
23

State Area Owner FH/

CEM Property Name & Address

1320 Main Street

Dunedin, Florida 34698

Florida Clearwater SCI FH Moss Feaster Funeral Home – Belcher Road

693 South Belcher Road

Clearwater, Florida 33764

Florida St. Petersburg/

Largo

Stewart CEM Memorial Park Funeral Home & Cemetery (c)

5750 49th Street North

St. Petersburg, Florida 33709

Florida St. Petersburg/

Largo

Stewart CEM Woodlawn Memory Gardens

101 58th Street South

St. Petersburg, Florida 33707

Florida Jacksonville Stewart FH/ 

CEM

Arlington Park Cemetery/Funeral Home (c)

6920 Lone Star Road

Jacksonville, Florida 32211

Florida Miami-Dade

(Miami)

SCI FH Funeraria Memorial Plan – San Jose

250 East 4th Avenue

Hialeah, Florida 33010

Florida Miami-Dade

(Miami)

SCI FH Funeraria Memorial Plan – Westchester

9800 SW 24th Street

Miami, Florida 33165

Florida Miami-Dade

(Homestead)

SCI FH Branam Funeral Home

809 North Krome Avenue

Homestead, Florida 33030

Florida Miami-Dade SCI CEM Memorial Plan Flagler Memorial Park

5301 West Flagler Street

Miami, Florida 33134

Florida Miami-Dade SCI CEM Memorial Plan Miami Memorial Park

6200 SW 77th Avenue

Miami, Florida 33143

Florida Ocala Stewart FH Roberts Funeral Home

606 Southwest 2nd Avenue
24

State Area Owner FH/

CEM Property Name & Address

Ocala, Florida 34471

Florida Ocala Stewart FH Roberts Funeral Home – Bruce Chapel East

2739 SSE Maricamp Road

Ocala, Florida 34471

Florida Ocala Stewart FH Roberts Funeral Home – Bruce Chapel West

6241 Southwest State Road 200

Ocala, Florida 34476

Florida Ocala Stewart CEM Good Shepherd Memorial Gardens

5050 SW 20th Street

Ocala, Florida 32111

Florida Orlando SCI FH Carey-Hand Cox Parker Funeral Home

1350 West Fairbanks Avenue

Winter Park, Florida 32789

Florida Orlando SCI FH Colonial Chapel/Carey Hand

2811 East Curry Ford Road

Orlando, Florida 32806

Florida Orlando SCI FH Collison Carey Hand Funeral Home

1148 East Plant Street

Winter Garden, Florida 34787

Florida Orlando

(West)

Stewart CEM Highland Memory Gardens

3329 East Semoran Boulevard

Apopka, Florida 32703

Florida Orlando

(West)

SCI CEM Orlando Memorial Gardens

5264 Ingram Road

Apopka, Florida 32703

Florida Port St. Lucie Stewart FH/ 

CEM

Forest Hills Palm City Chapel & Forest Hills 

Memorial Park (c)

2001 S.W. Murphy Road

Palm City, FL 34990

Florida Springhill/

Hudson

SCI CEM Grace Memorial Gardens & Funeral Home (c)

17007 US Highway 19 North
25

State Area Owner FH/

CEM Property Name & Address

Hudson, Florida 34667

Florida Tampa Stewart FH Boza & Roel Funeral Home

4730 North Armenia Avenue

Tampa, Florida 33603

Florida Tampa SCI CEM Sunset Funeral Home & Memory Gardens (c)

11005 N US Highway 301

Thonotosassa, Florida 33592

Georgia Atlanta Stewart CEM Cheatham Hill Memorial Park/Southern 

Cremations & Funerals (c)

1860 Dallas Highway SW

Marietta, Georgia 30064

Georgia Atlanta Stewart CEM Holly Hill Memorial Park

359 West Broad Street

Fairburn, Georgia 30213

Georgia Atlanta Stewart CEM Eastlawn Memorial Park

640 McGarity Road

McDonough, Georgia 30252

Louisiana New Orleans SCI FH Schoen Funeral Home

3827 Canal Street

New Orleans, Louisiana 70119

Louisiana New Orleans SCI FH Tharp-Sontheimer-Tharp Funeral Home

1600 North Causeway Boulevard

Metairie, Louisiana 70001

Louisiana New Orleans SCI FH/ 

CEM

Garden of Memories FH & Cemetery (c)

4900 Airline Drive

Metairie, Louisiana 70001

Louisiana New Orleans Stewart FH Greenwood Funeral Home

5200 Canal Boulevard

New Orleans, Louisiana 70124

Maryland Annapolis Stewart CEM Hillcrest Memorial Gardens

1911 Forest Drive

Annapolis, Maryland 21401
26

State Area Owner FH/

CEM Property Name & Address

Maryland Baltimore Stewart CEM Parkwood Cemetery

3310 Taylor Avenue

Baltimore, Maryland 21234

Maryland Washington, 

DC/Maryland 

Suburbs

SCI FH Edward Sagel Funeral Direction Inc.

1091 Rockville Pike

Rockville, Maryland 20852

Mississippi West Jackson SCI FH Wright & Ferguson Funeral Home

106 Cynthia Street

Clinton, Mississippi 39056

Mississippi West Jackson SCI FH Wright & Ferguson Funeral Home

201 Hinds Boulevard

Raymond, Mississippi 39154

Missouri North Kansas 

City

SCI FH/ 

CEM

Mount Moriah Terrace Park Funeral Home & 

Cemetery (c)

801 Northwest 108th Street

Kansas City, Missouri 64155

Missouri Overland Park,

KS

Stewart FH Overland Park Chapel

8201 Metcalf Avenue

Overland Park, Kansas 66204

Missouri South Kansas 

City, 

KS/Missouri

Stewart FH/ 

CEM

Johnson County Funeral Chapel & Memorial 

Gardens (c)

11200 Metcalf Avenue

Overland Park, Kansas 66210

North 

Carolina

New Bern Stewart FH Pollack-Best Funerals & Cremations

2015 Neuse Boulevard

New Bern, North Carolina 28560

North 

Carolina

High Point Stewart CEM Floral Garden Memorial Park

1730 W. English Road

High Point, North Carolina 27262

North 

Carolina

Raleigh Stewart FH/ 

CEM

Montlawn Memorial Park, Funerals & 

Cremations (c)

2911 South Wilmington Street

Raleigh, North Carolina 27603
27

State Area Owner FH/

CEM Property Name & Address

Pennsylvania Philadelphia Stewart CEM George Washington Memorial Park/Kirk & 

Nice Funeral Home, Inc. (c)

80 Stenton Avenue

Plymouth Meeting, Pennsylvania 19462

Pennsylvania Philadelphia Stewart CEM Sunset Memorial Park/Kirk & Nice Suburban 

Chapel, Inc. (c)

333 County Line Road

Feasterville, Pennsylvania 19053

South 

Carolina

Columbia SCI FH Caughman-Harman St. Andrew’s Chapel/Bush 

River Memorial Gardens (c)

5400 Bush River Road

Columbia, South Carolina 29212

South 

Carolina

Greenville Stewart FH/ 

CEM

Cannon Memorial Park, Funerals and 

Cremations (c)

1150 North Main Street

Fountain Inn, South Carolina 29644

South 

Carolina

Greenville Stewart FH Cannon Memorial Park, Funerals and 

Cremations – Jones Chapel

603 West Curtis Street

Simpsonville, South Carolina 29681

Tennessee Kingsport Stewart CEM Oak Hill Memorial Park, Funerals and 

Cremations (c)

800 Truxton Drive

Kingsport, Tennessee 37660

Tennessee Knoxville SCI CEM New Gray Cemetery

2724 Western Avenue

Knoxville, Tennessee 37921

Tennessee Knoxville SCI CEM Greenwood Cemetery

3500 Tazewell Pike

Knoxville, Tennessee 37918

Tennessee Nashville Stewart FH Cole & Garrett Funeral Home

127 North Main Street
28

State Area Owner FH/

CEM Property Name & Address

Goodlettsville, Tennessee 37072

Texas Dallas Stewart FH/ 

CEM

Restland Funeral Home & Cemetery (c)

13005 Greenville Avenue

Dallas, Texas 75243

Texas Dallas

(South)

SCI CEM Lincoln Funeral Home & Cemetery (c)

8100 Fireside Drive

Dallas, Texas 75217

Texas Dallas

(South)

SCI CEM Lincoln Memorial Park Cemetery

1311 Murdock Road

Dallas, Texas 75217

Texas Southeast

Fort Worth

Stewart FH/ 

CEM

Emerald Hills Funeral Home & Cemetery (c)

500 Sublett Road

Kennedale, Texas 76060

Texas Houston Stewart CEM South Park Funeral Home & Cemetery (c)

1310 North Main Street

Pearland, Texas 77518

Texas Houston Stewart CEM San Jacinto Memorial Park & Funeral Home (c)

14659 East Freeway

Houston, Texas 77015

Virginia ArlingtonAlexandriaStewart FH Everly Wheatley Funeral Home – Alexandria

1500 West Braddock Road

Alexandria, Virginia 22302

Virginia ArlingtonAlexandriaStewart FH Everly Community Funeral Care

6161 Leesburg Pike

Falls Church, Virginia 22044

Virginia Richmond 

(Northwest)

Stewart CEM Greenwood Memorial Gardens

12609 Patterson Avenue

Richmond, Virginia 23238

Virginia Richmond 

(South)

SCI CEM Sunset Memorial Park

2901 West Hundred Road
29

State Area Owner FH/

CEM Property Name & Address

Chester, Virginia 23831

West 

Virginia

Kearneysville Stewart CEM Pleasant View Memory Gardens

2938 Charles Town Road

Kearneysville, West Virginia 25430
30

Appendix B

Prior Notice – Funeral Homes

State Area Area Definition

Alabama Birmingham Within a 15 mile radius of Southern Heritage 

Funeral Home, 475 Cahaba Valley Road, Pelham, 

Alabama 35124

Alabama Mobile Within a 15 mile radius of Radney FH-Mobile, 

3155 Dauphin Street, Mobile, Alabama 36606

California Auburn Within a 15 mile radius of Chapel of the Hills, 

1331 Lincoln Way, Auburn, California 95603

California Encinitas Within a 15 mile radius of El Camino Memorial –

Encinitas, 340 Melrose Avenue, Encinitas, 

California 92024

California Palmdale/

Lancaster

Within a 15 mile radius of Halley-Olsen-Chapel –

Palmdale, 3150 East Palmdale Boulevard, 

Palmdale, California 93550

California Los Angeles (Long Beach) Within a 15 mile radius of All Souls Mortuary, 

4400 Cherry Avenue, Long Beach, California 

90807, except that the prior notice requirement 

shall include only those facilities that primarily 

serve the Catholic community

California Los Angeles

(San Fernando Valley)

Within a 15 mile radius of Mission Hills Catholic 

Mortuary, 11160 Stranwood Avenue, Mission 

Hills, California 91345, except that the prior 

notice requirement shall include only those 

facilities that primarily serve the Catholic 

community

California Los Angeles (East Los 

Angeles County)

Within a 15 mile radius of Queen of Heaven 

Mortuary, 2161 S. Fullerton Road, Rowland 

Heights, California 91748, except that the prior 

notice requirement shall include only those 

facilities that primarily serve the Catholic 

community
31

State Area Area Definition

California San Diego

(North)

Within a 15 mile radius of El Camino Memorial –

Pacific Beach, 4710 Cass Street, San Diego, 

California 92109

California San Diego 

(Southern and Eastern)

Within a 15 mile radius of El Camino Memorial –

Imperial Avenue, 3953 Imperial Avenue, San 

Diego, California 92113

California Stockton Within a 15 mile radius of Frisbie Warren & 

Carroll Mortuary, 809 North California Street, 

Stockton, California 95202

Florida Clearwater Within a 15 mile radius of Sylvan Abbey Funeral 

Home, 2853 Sunset Point Road, Clearwater, 

Florida 33759

Florida Jacksonville Within a 15 mile radius of Greenlawn Cemetery, 

4300 Beach Blvd, Jacksonville, Florida 32219

Florida Miami-Dade Within a 15 mile radius of Cabellero Rivero 

Woodlawn Westchester Funeral Home, 8200 Bird 

Road, Miami, Florida 33155

Florida Ocala Within a 15 mile radius of Forest Lawn Funeral Home, 

5740 South Pine Avenue, Ocala, Florida 34480

Florida Orlando Within a 15 mile radius of Baldwin-Fairchild 

Funeral Home - Ivanhoe Chapel, 301 Northeast 

Ivanhoe Boulevard, Orlando, Florida 32804

Florida Port St. Lucie Within a 15 mile radius of Byrd, Young, & Prill 

Funeral Home, 1170 S.W. Bayshore Blvd., Port St. 

Lucie, Florida 34983

Florida Tampa Within a 15 mile radius of Gonzalez Funeral 

Home, 7209 North Dale Mabry Highway, Tampa, 

Florida 33614, except that the prior notice 

requirement shall include only those facilities that 

primarily serve the Hispanic community

Florida West Palm Beach Within a 15 mile radius of Mizell-Faville-Zern 
32

State Area Area Definition

Funeral Home, 6411 Parker Ave, West Palm 

Beach, Florida 33405

Louisiana New Orleans Within a 15 mile radius of Lake Lawn Metairie 

Funeral Home, 5100 Pontchartrain Boulevard, 

New Orleans, Louisiana 70124

Maryland Washington, DC/

Maryland Suburbs

Within 15 miles radius of Danzansky-Goldberg 

Memorial Chapels, Inc., 1170 Rockville Pike, 

Rockville, Maryland 20852, except that the prior 

notice requirement shall include only those 

facilities that primarily serve the Jewish

community

Mississippi West Jackson Within a 15 mile radius of Wright & Ferguson 

Funeral Home, 350 High Street, Jackson, 

Mississippi 39202

Missouri Kansas City

(North)

Within a 15 mile radius of White Chapel Funeral 

Home and Cemetery, 6600 Northeast Antioch 

Road, Gladstone, Missouri 64119

Missouri South Kansas City, KS/

Missouri

Within a 15 mile radius of McGilley & Hoge 

Johnson County Memorial, 8024 Santa Fe Drive, 

Overland Park, Kansas 66204

North 

Carolina

Hickory Within a 15 mile radius Hickory Funeral Home, 

1031 11th Avenue Blvd SE, Hickory, North 

Carolina 28602

North 

Carolina

New Bern Within a 15 mile radius of Cotten Funeral Home, 2201 

Neuse Boulevard, New Bern, North Carolina 28560

North 

Carolina

Raleigh Within a 15 mile radius of Brown-Wynne Funeral 

Home, 300 Saint Mary’s Street, Raleigh, North 

Carolina 27605

South 

Carolina

Columbia Within a 15 mile radius of Dunbar Funeral Home, 

Dutch Fork Chapel, 7600 Woodrow Street, Irmo, 

South Carolina 29063

South Greenville Within a 15 mile radius of Woodlawn Funeral 
33

State Area Area Definition

Carolina Home, 1 Pine Knoll Drive, Greenville, South 

Carolina 29609

Tennessee Nashville Within a 15 mile radius of Forest Lawn Funeral 

Home, 1150 South Dickerson Road, Goodlettsville, 

Tennessee 37072

Texas Dallas Within a 15 mile radius of Sparkman/Hillcrest 

Funeral Home, 7405 West Northwest Highway, 

Dallas, Texas 75225

Texas Southeast Fort Worth Within a 15 mile radius of Moore Funeral Home, 

1219 North Davis Drive, Fort Worth, Texas 76012

Virginia Charlottesville Within a 15 mile radius of Teague Funeral Home, 

2260 Ivy Road, Charlottesville, Virginia 22903

Virginia Arlington-Alexandria Within a 15 mile radius of Arlington Funeral 

Home, 4510 Wilson Boulevard, Arlington, 

Virginia 22203
34

Prior Notice – Cemeteries

State Area Area Definition

California San Diego

(South)

Within a 20 mile radius of Cypress View 

Mausoleum & Mortuary, 3953 Imperial Avenue at 

40th Street, San Diego, California 92113 

Florida Clearwater Within a 20 mile radius of Sylvan Abbey Memorial 

Park, 2853 Sunset Point Road, Clearwater, Florida 

33759

Florida Jacksonville Within a 20 mile radius of Greenlawn Cemetery, 

4300 Beach Boulevard, Jacksonville, Florida 

32219

Florida St. Petersburg/

Largo

Within a 20 mile radius of Serenity Gardens 

Memorial Park, 13401 Indian Rocks Road, Largo, 

Florida 33774

Florida Miami-Dade Within a 20 mile radius of Woodlawn Park 

Cemetery North, 3260 S.W. 8th Street, Miami, 

Florida 33135 

Florida Ocala Within a 20 mile radius of Forest Lawn Memory 

Gardens, 5740 South Pine Ave, Ocala, Florida 

34480

Florida Orlando

(West)

Within a 20 mile radius of Glen Haven Memorial 

Park, 2300 Temple Drive, Winter Park, Florida 

32789

Florida Port St. Lucie Within a 20 mile radius of Fernhill Memorial 

Gardens, 1501 South Kanner Highway, Stuart, 

Florida 34994

Florida Spring Hill/

Hudson

Within a 20 mile radius of Florida Hills Memorial 

Gardens, 14354 Spring Hill Drive, Spring Hill, 

Florida 34609
35

State Area Area Definition

Florida Tampa Within a 20 mile radius of Garden of Memories, 

4207 East Lake Avenue, Tampa, Florida 33610

Georgia Atlanta Within a 20 mile radius of Fairview Memorial 

Gardens, 164 Fairview Road, Stockbridge, Georgia 

30281 OR Georgia Memorial Park, 2000 Cobb 

Parkway SE, Marietta, Georgia 30060 OR Rose 

Haven Cemetery, 8640 Rose Ave., Douglasville, 

Georgia 30134

Georgia North Augusta Within a 20 mile radius of Hillcrest Memorial Park, 

2700 Deans Bridge Road, Augusta, Georgia 30906

Louisiana New Orleans Within a 20 mile radius of Lake Lawn Park, 5454 

Pontchartrain Boulevard, Louisiana 70124

Maryland Annapolis Within a 20 mile radius of Lakemont Memory 

Gardens, 900 West Central Ave, Davidsonville, 

Maryland 21035

Maryland Baltimore Within a 20 mile radius of Gardens of Faith 

Memorial Gardens, 5598 Trumps Mill Road, 

Baltimore, Maryland 21206

Missouri Kansas City

(North)

Within a 20 mile radius of White Chapel Funeral 

Home and Cemetery, 6600 Northeast Antioch 

Road, Gladstone, Missouri 64119

Missouri South Kansas City, KS/

Missouri

Within a 20 mile radius of Mount Moriah Cemetery 

South, 10507 Holmes Road, Kansas City, Missouri 

64131

North 

Carolina

High Point Within a 20 mile radius of Guilford Memorial Park, 

6000 High Point Road, Greensboro, North Carolina 

27407

North 

Carolina

Raleigh Within a 20 mile radius of Raleigh Memorial Park 

& Mitchell Funeral, 7501 Glenwood Avenue, 

Raleigh, North Carolina 27612

Pennsylvania Philadelphia Within a 20 mile radius of Whitemarsh Memorial 
36

State Area Area Definition

Park, 1169 Limekiln Pike, Ambler, Pennsylania 

19002

South 

Carolina

Greenville Within a 20 mile radius of Greenville Memorial 

Gardens, 7784 Augusta Road, Piedmont, South 

Carolina 29673

Tennessee Kingsport Within a 20 mile radius of East Lawn Memorial 

Park, 4997 Memorial Boulevard, Kingsport, 

Tennessee 37664

Tennessee Knoxville Within a 20 mile radius of Highland Memorial 

Park, 5315 Kingston Pike, Knoxville, Tennessee 

37919

Texas Dallas

(South)

Within a 20 mile radius of Laurel Land Funeral 

Home & Cemetery, 6000 South R.L. Thornton 

Freeway, Dallas, Texas 75232, except that the 

prior notice requirement shall include only those 

facilities that primarily serve the African American 

community

Texas Dallas Within a 20 mile radius of Hillcrest Mausoleum & 

Memorial Park, 7405 West Northwest Highway, 

Dallas, Texas 75225

Texas Southeast Fort Worth Within a 20 mile radius of Moore Memorial 

Gardens, 1219 North Davis Drive, Arlington, Texas 

76012

Texas Houston Within a 20 mile radius of Forest Park Lawndale, 

6900 Lawndale Street, Houston, Texas 77023

Virginia Richmond

(Northwest)

Within a 20 mile radius of Westhampton Memorial 

& Cremation Park, 10000 Patterson Avenue, 

Richmond, Virginia 23238

Virginia Richmond 

(South)

Within a 20 mile radius of Bermuda Memorial 

Park, 1901 Bermuda Hundred Road, Chester, 

Virginia 23831

West Kearneysville Within a 20 mile radius of Rosedale Cemetery, 917 
37

State Area Area Definition

Virginia Cemetery Road, Martinsburg, West Virginia 25404