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Case 3:10-cv-01768-WQH -BLM Document 10 Filed 10/05/10 Page 1 of 3 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF CALIFORNIA 

FEDERAL TRADE COMMISSION, 

Petitioner, 

v. 

RESPONSE MAKERS, LLC, 

Respondent. 

) Case No. 10cv1768-WQH (BLM) 

REPORT AND RECOMMENDATION 

FOR ORDER REQUIRING 

RESPONDENT TO FULLY COMPLY 

WITH PETITIONER’S CIVIL 

INVESTIGATIVE DEMAND 

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This Report and Recommendation is submitted to United States District Judge 

William Q. Hayes pursuant to 28 U.S.C. § 636(b)(1)(B). 

BACKGROUND AND DISCUSSION 

Pursuant to the authority conferred by Sections 9, 16 and 20 of the Federal Trade 

Commission Act, 15 U.S.C. §§ 49, 56, 57b-1, Petitioner, the Federal Trade Commission, has 

invoked the aid of this Court, pursuant to Fed. R. Civ. P. 81(a)(5), for an order requiring 

Respondent Response Makers, LLC to comply in full with the July 27, 2010 civil 

investigative demand issued to it in aid of a law enforcement investigation being conducted 

by the Commission (FTC File No. 1023000). See ECF No. 11

. Petitioner filed its petition 

seeking enforcement of the civil investigative demand by this Court on August 24, 2010. 

ECF No. 1. On August 31, 2010, this Court issued an Order to Show Cause Why 

Respondent Should Not Fully Comply with Petitioner’s Civil Investigative Demand. ECF No. 

1 A redacted version of the civil investigative demand is attached as ECF No. 1-1, Ex. 2.

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Case 3:10-cv-01768-WQH -BLM Document 10 Filed 10/05/10 Page 2 of 3 

7. As detailed in Petitioner’s September 9, 2010 Declaration of Service, Petitioner 

personally served the Court’s August 31, 2010 order on a representative for Respondent 

who is authorized to accept service. ECF No. 8 (declaration confirming that Respondent’s 

representative was personally served on September 3, 2010). 

In this Court’s August 31, 2010 order, the Court required Respondent to file, on or 

before September 16, 2010, “a brief providing legal and factual support for its failure to 

comply with the FTC’s civil investigative demand and/or the FTC’s procedures for seeking 

to quash or limit the civil investigative demand and explaining why this Order To Show 

Cause should not be granted.” Id. Respondent failed to do so. The Court also ordered 

Respondent to appear for a hearing on September 30, 2010. Id. Respondent did not 

appear for the hearing. In fact, this Court has not received any communication from 

Respondent since the inception of this action. 

The Court has considered Petitioner’s Petition for an Order to Enforce a Civil 

Investigative Demand, as well as the papers filed in support thereof, and it appears to the 

Court that Petitioner has shown good cause for the entry of this order. This Court, 

therefore, RECOMMENDS that the petition be GRANTED and that Respondent be 

ordered to comply in full with the civil investigative demand. The Court further 

RECOMMENDS that the District Judge advise Respondent that failure to fully comply with 

his final order will be punishable as a contempt of court pursuant to 15 U.S.C. § 57b-1(h). 

CONCLUSION AND RECOMMENDATION 

IT IS HEREBY RECOMMENDED that the District Judge issue an order: 

(1) approving and adopting this Report and Recommendation, and (2) ordering 

Respondent Response Makers, LLC to comply in full with Petitioner’s civil investigative 

demand and produce to Petitioner, within ten days of the date of the District Judge’s final 

order, all responsive documents and information in compliance with the civil investigative 

demand. 

IT IS ORDERED that Petitioner serve a certified copy of this Order on Respondent 

or its counsel by personal service, or by certified or registered mail with return receipt 

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Case 3:10-cv-01768-WQH -BLM Document 10 Filed 10/05/10 Page 3 of 3 

requested, or by overnight express delivery service on or before October 15, 2010. 

IT IS FURTHER ORDERED that no later than October 29, 2010, any party to 

this action may file written objections with the Court and serve a copy on all parties. The 

document should be captioned “Objections to Report and Recommendation.” 

IT IS FURTHER ORDERED that any reply to the objections shall be filed with the 

Court and served on all parties no later that November 5, 2010. The parties are advised 

that failure to file objections within the specified time may waive the right to raise those 

objections on appeal of the Court’s order. See In re Grand Jury Subpoena (Mark Torf/Torf 

Envtl. Mgmt.), 357 F.3d 900, 910 (9th Cir. 2004). 

IT IS SO ORDERED. 

DATED: October 5, 2010 

BARBARA L. MAJOR 

United States Magistrate Judge 

3 10cv1768-WQH (BLM)