FEDERAL TRADE COMMISSION, et al., Plaintiffs, v. AMERICAN FUTURE SYSTEMS, INC., et al., Defendants Case No. 2:20-cv-02266 United States District Court, E.D. Pennsylvania Signed May 17, 2023 Counsel Christian M. Capece, Conor P. Duffy, Derek E. Diaz, Harris A. Senturia, Maris Snell, Amy C. Hocevar, Fil Maria Debanate, U.S. Federal Trade Commission, Cleveland, OH, for Plaintiff Federal Trade Commission. Heather Z. Kelly, Commonwealth of Pennsylvania, Harrisburg, PA, John Abel, Jonathan R. Burns, PA Office of Attorney General Bureau of Consumer Protection, Harrisburg, PA, Sarah Anne Ellis Frasch, PA Office of Attorny General, Philadelphia, PA, Amy C. Hocevar, Derek E. Diaz, Federal Trade Commission, Cleveland, OH, for Plaintiff Commonwealth of Pennsylvania. Ilana H. Eisenstein, DLA Piper LLP (US), Philadelphia, PA, David H. Marion, Morgan S. Birch, White and Williams LLP, Philadelphia, PA, Elizabeth Marie Bussey-Garza, Akin Gump Strauss Hauer & Feld LLP, Philadelphia, PA, Paul H. Saint-Antoine, Faegre Drinker Biddle & Reath LLP, Philadelphia, PA, Casey Alan Coyle, Babst, Calland, Clements and Zomnir, P.C., Pittsburgh, PA, Mark Scott Stewart, Eckert Seamans Cherrin & Mellott LLC, Harrisburg, PA, for Defendants American Future Systems, Inc., Progressive Business Publications of New Jersey, Inc., Edward M. Satell. Slomsky, Joel H., United States District Judge ORDER *1 AND NOW, on this 17th day of May 2023, upon consideration of the March 28, 2023 Report and Recommendation of Special Master James J. Rohn, Esquire [ECF 302], and the parties' responses thereto, it is ORDERED that: Plaintiffs' Joint Motion to Compel Production of Documents Responsive to the Requests for Production of Documents to AFS and Motion for Sanctions Due to AFS's Failure to Produce Slack Messages [ECF 280], is GRANTED in part and DENIED in part, and the Special Master's Report and Recommendation [ECF 302] is AFFIRMED in part and MODIFIED in part as follows: 1. The Motion is granted to the extent that AFS must obtain its data from Slack and produce relevant, responsive, and nonprivileged Slack data. It is denied to the extent that the Plaintiffs requested that the Slack data be produced without AFS's review for privilege and relevance. 2. AFS must obtain all of its Slack data for the time period of July 1, 2015 to present, from all Slack accounts (or “workspaces”) used by AFS at any time from July 1, 2015 to present, including but not limited to all Slack data in the following accounts: a. tmleadgen.slack.com; b. successfuel.slack.com; c. pbppubs.slack.com; d. inboundpbp.slack.com; 3. AFS may use the search terms previously applied to emails or other communications as agreed by the parties or ordered by the Court to assist in its review; 4. AFS will exercise diligence to produce the relevant, responsive, and nonprivileged Slack data as soon as possible, but no later than June 9, 2023; and 5. Plaintiffs' requests for expenses related to this Motion and sanctions is also denied; the parties will bear their own expenses associated with this Motion. It is further ORDERED that the Joint Motion of Plaintiffs Federal Trade Commission and Commonwealth of Pennsylvania to Strike AFS's Supplemental Objections to March 28, 2023 Report and Recommendation of Special Master; and to Request that the Court Move Forward Expeditiously in Ruling on the Recommendation of the Special Master [ECF 319] is GRANTED in part and DENIED in part as follows: 1. Plaintiffs' Motion to Strike AFS's Second and Third Supplemental Responses and Objections [ECF 312 and ECF 316] is denied; and 2. The Court has moved expeditiously in ruling on the Report and Recommendation [ECF 302].