IN RE WHOLE FOODS MARKET, 09-1020 (D.C. Cir. 1-23-2009)

In re: Whole Foods Market, Inc., Petitioner.

No. 09-1020.United States Court of Appeals, District of Columbia Circuit.
Filed On: January 23, 2009.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

BEFORE: Ginsburg, Rogers, and Garland, Circuit Judges.

Per Curiam
ORDER
Upon consideration of the emergency petition for writ of mandamus and injunctive relief against the Federal Trade Commission; the motion for expedited consideration of the emergency petition for writ of mandamus; and the motion for expedited discovery, it is

ORDERED that the emergency petition for writ of mandamus be denied. Petitioner has not shown that it has a “clear and indisputable” right to the extraordinary remedy of mandamus. Gulfstream Aerospace Corp. v. MayacamasCorp., 485 U.S. 271, 289 (1988). It is

FURTHER ORDERED that the motion for expedited consideration and the motion for expedited discovery be dismissed as moot.

Pursuant to D.C. Circuit Rule 36, this disposition will not be published.