By Eric Schweibenz
On July 13, 2009, ALJ E. James Gildea issued the public version of Order No. 12 in Certain Active Comfort Footwear (337-TA-660).  In the Order, ALJ Gildea granted Complainants Masai Marketing & Trading AC and Masai USA Corp.’s (“Masai”) (1) motion to terminate the Investigation in its entirety by reason of confidential settlement agreement with Respondent RYN Korea Co. Ltd. (“RYN”), and (2) motion to withdrawal its Complaint against the remaining respondents The Tannery (“Tannery”) and A Better Way to Health (“Better Way”).

According to the Order, while Complainants only settled with RYN and not the other named respondents (Tannery and Better Way), Masai requested that the investigation be terminated with respect to all respondents because “RYN is the only producer of the accused products in this Investigation.”  The Commission Investigative Staff supported the termination motion and did not oppose the withdrawal motion.

ALJ Gildea determined that the “settlement appears to resolve the dispute between Masai and RYN” and “termination of litigation under these circumstances as an alternative method of dispute resolution is generally in the public interest.”  ALJ Gildea further determined that     “[t]ermination under these circumstances would conserve the resources of all involved, and would not be contrary to the public interest.”  Accordingly, ALJ Gildea granted the termination and withdrawal motions.