PUBLIC

UNITED STATES OF AMERICA

FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

__________________________________________ 

)

In the Matter of ) 

)

ECM BioFilms, Inc., ) DOCKET NO. 9358

 a corporation, also d/b/a )

 Enviroplastics International, )

Respondent. )

__________________________________________)

THIRD REVISED SCHEDULING ORDER

The parties are advised that the Second Revised Scheduling Order, issued on 

April 10, 2014, and modified by the Order Granting Joint Motion to Reschedule Pretrial 

Conference and Adjust Scheduling Dates, issued April 17, 2014, is hereby modified to 

delete the requirements relating to designations and counter designations of deposition 

testimony. In addition, the deadlines for filing motions in limine and responses thereto 

are hereby modified by this Order.

This Third Revised Scheduling Order does not revise any other deadlines listed in 

the Second Revised Scheduling Order or the April 17, 2014 Order, or any of the 

Additional Provisions set forth in the Scheduling Order issued November 21, 2013.

May 21, 2014 - Close of discovery, other than discovery permitted under 

Rule 3.24(a)(4), depositions of experts, and discovery for 

purposes of authenticity and admissibility of exhibits.

June 4, 2014 - Deadline for Complaint Counsel to provide expert witness 

reports.

June 11, 2014 - Complaint Counsel provides to Respondent’s Counsel its 

final proposed witness and exhibit lists, including 

depositions, copies of all exhibits (except for 

demonstrative, illustrative or summary exhibits and expert 

related exhibits), Complaint Counsel’s basis of 

admissibility for each proposed exhibit, and a brief 

summary of the testimony of each witness.

05 22 2014
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Complaint Counsel serves courtesy copies on ALJ of its 

final proposed witness and exhibit lists, its basis of 

admissibility for each proposed exhibit, and a brief 

summary of the testimony of each witness, including its 

expert witnesses.

June 18, 2014 - Deadline for Respondent’s Counsel to provide expert 

witness reports. Respondent’s expert report shall include 

(without limitation) rebuttal, if any, to Complaint Counsel’s 

expert witness report(s).

June 25, 2014 - Respondent’s Counsel provides to Complaint Counsel its 

final proposed witness and exhibit lists, including 

depositions, copies of all exhibits (except for 

demonstrative, illustrative or summary exhibits and expert 

related exhibits), Respondent’s basis of admissibility for 

each proposed exhibit, and a brief summary of the 

testimony of each witness. 

Respondent’s Counsel serves courtesy copies on ALJ its 

final proposed witness and exhibit lists, its basis of 

admissibility for each proposed exhibit, and a brief 

summary of the testimony of each witness, including its 

expert witnesses.

June 26, 2014 - Parties that intend to offer confidential materials of an 

opposing party or non-party as evidence at the hearing must 

provide notice to the opposing party or non-party, pursuant 

to 16 C.F.R. § 3.45(b). See Additional Provision 7. 

June 30, 2014 - Complaint Counsel to identify rebuttal expert(s) and 

provide rebuttal expert report(s). Any such reports are to 

be limited to rebuttal of matters set forth in Respondent’s

expert reports. If material outside the scope of fair rebuttal 

is presented, Respondent will have the right to seek 

appropriate relief (such as striking Complaint Counsel’s 

rebuttal expert reports or seeking leave to submit 

surrebuttal expert reports on behalf of Respondent).

July 2, 2014 - Deadline for depositions of experts (including rebuttal 

experts) and exchange of expert related exhibits.

July 8, 2014 - Deadline for filing motions for in camera treatment of 

proposed trial exhibits.
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July 11, 2014 - Deadline for filing motions for in camera treatment of 

proposed expert related exhibits.

July 14, 2014 - Deadline for filing motions in limine to preclude admission 

of evidence. See Additional Provision 9.

July 15, 2014 - Deadline for filing responses to motions for in camera

treatment of proposed trial exhibits.

July 18, 2014 - Exchange and serve courtesy copy on ALJ objections to 

final proposed witness lists and exhibit lists. 

July 18, 2014 - Deadline for filing responses to motions for in camera

treatment of proposed expert related exhibits.

July 21, 2014 - Deadline for filing responses to motions in limine to 

preclude admissions of evidence.

July 23, 2014 - Complaint Counsel files pretrial brief supported by legal 

authority.

July 25, 2014 - Exchange proposed stipulations of law, facts, and 

authenticity.

July 28, 2014 - File final stipulations of law, facts, and authenticity. Any 

subsequent stipulations may be offered as agreed by the 

parties.

July 29, 2014 - Final prehearing conference to begin at 10:00 a.m. in FTC 

Courtroom, Room 532, Federal Trade Commission 

Building, 600 Pennsylvania Avenue, NW, Washington, DC 

20580.

The parties are to meet and confer prior to the conference 

regarding trial logistics and proposed stipulations of law, 

facts, and authenticity of exhibits. To the extent the parties 

stipulate to certain issues, the parties shall prepare a Joint

Exhibit which lists the agreed stipulations. 

Counsel may present any objections to the final proposed 

witness lists and exhibits. Trial exhibits will be admitted or 

excluded to the extent practicable. To the extent the parties 

agree to the admission of each other’s exhibits, the parties 

shall prepare a Joint Exhibit which lists the exhibits to 

which neither side objects. Any Joint Exhibit will be