PUBLIC DOCUMENT 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF THE ADMINISTRATIVE LAW JUDGES 

In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International, 

Respondent. 

Washington, D.C. 

Docket No. 9358 

RESPONDENT ECM BIOFILMS' CLARIFICATION CONCERNING BIO-TEC'S 

MOTION TO QUASH SUBPOENA DUCES TECUM 

Respondent ECM BioFilms hereby submits this clarification following the Court's March 

18,2014 Order on Non-Party Bio-Tec's Motion To Quash Subpoena Duces Tecum. On 

February 25, 2014, after consultation with parties involved, ECM withdrew its Bio-Tec nonparty subpoena by email to Mr. Geoff Rieder. See Exh. RX-A. Despite that formal withdrawal, 

Bio-Tec's counsel filed a Motion to Quash on February 28, 2014, certifying that service was 

perfected by electronic means on attorney Lou Caputo (lcaputo@emord.com), counsel for 

Respondent. In the accompanying sworn declaration, Mr. Caputo certifies that he did not receive 

an email from Bio-Tee counsel on February 28th or 29th that would have included Bio-Tee's 

Motion to Quash. See Exh. RX-B. Service was therefore deficient, and ECM had no notice of 

the Bio-Tee motion that would allow for a timely response, which would have confirmed the 

aforementioned formal withdrawal of the subpoena. Accordingly, ECM does not seek to reopen 

the matter presently but does seek to ensure an accurate record. 

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DATED this 18th day ofMarch 2014. 

PUBLIC DOCUMENT 

Respectfully submitted, 

Is/ Jonathan W Emard 

Jonathan W. Emord Gemord@emord.com) 

EMORD & ASSOCIATES, P.C. 

11808 WolfRun Lane 

Clifton, VA 20124 

Telephone: 202-466-6937 

Facsimile: 202-466-6938 
PUBLIC DOCUMENT 

CERTIFICATE OF SERVICE 

I hereby certify that on March 18, 2014, I caused a true and correct copy of the foregoing 

to be served as follows: 

One electronic copy to the Office of the Secretary through the e-filing system: 

DonaldS. Clark, Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Room H-113 

Washington, DC 20580 

Email: secretary@ftc.gov 

One electronic courtesy copy to the Office of the Administrative Law Judge: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave., NW, Room H-110 

Washington, DC 20580 

One electronic copy to Counsel for Complainant: 

Katherine Johnson (kjohnson3 @ftc.gov) 

Federal Trade Commission 

600 Pennsylvania A venue, NW 

Mail stop M-81 02B 

Washington, D.C. 20580 

Jonathan Cohen Gcohen2@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania A venue, NW 

Mail stop M-81 02B 

Washington, D.C. 20580 

One electronic copy to Counsel for Bio-Tee: 

Geoff D. Rieder 

Foster, Rieder, & Jackson, P.C. 

201 Third Street, NW, Suite 1500 

Albuquerque, NM 87102 

Elisa Jillson ( ejillson@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania A venue, NW 

Mail stop M-8102B 

Washington, D.C. 20580 

I certify that I retain a paper copy of the signed original of the foregoing document that is 

available for review by the parties and adjudicator consistent with the Commission's Rules. 

DATED: March 18, 2014 

Is/ Jonathan W Emard 
PUBLIC DOCUMENT 

Jonathan W. Emord 

EMORD & ASSOCIATES, P.C. 

11808 WolfRun Lane 

Clifton, VA 20124 

Telephone: 202-466-6937 
··----~-

PUBLIC DOCUMENT 

RESPONDENT 

EXHIBIT 

RX-A 
From: 

To: 

Subject: 

Date: 

Hi Geoff, 

Lou Caputo 

Geoff Rieder fgeoff@frjlaw.coml 

Docket No. 9358, Subpoena to Bio-Tec 

Tuesday, February 25, 2014 6:39:03 AM 

PUBLIC DOCUMENT 

This email confirms that with this email, ECM formally withdraws its subpoena duces tecum to Bio-Tec. 

If you or your client have any questions, please let me know. 

Best, 

Lou 

Lou Caputo I EMORD & AssociATEs, P.C. 1 3210 S. Gilbert Rd., Ste 4 I Chandler, AZ 85286 Firm: (602) 

388-8901 I Facsimile: (602) 393-4361 I www.emord.com 

~: This is a confidential communication intended for the recipient listed above. The content of this communication 

is protected from disclosure by the attorney-client privilege and the work product doctrine. If you are not the intended 

recipient. you should treat this communication as strictly confidential and provide it to the person intended. Duplication or 

distribution of this communication is prohibited by the sender. If this communication has been sent to you in error, please 

notify the sender and then immediately destroy the document. 
PUBLIC DOCUMENT 

RESPONDENT 

EXHIBIT 

RX-B 

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PUBLIC DOCUMENT 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF THE ADMINISTRATIVE LAW JUDGES 

Washington, D.C. 

In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International, 

Respondent. 

Docket No. 9358 

PUBLIC 

DECLARATION OF LOU F. CAPUTO IN SUPPORT OF RESPONDENT ECM 

BIOFILMS' CLARIFICATION CONCERNING BIO-TEC'S MOTION TO QUASH 

SUBPOENA DUCES TECUM 

In accord with 28 U.S.C. § 1746, I declare under penalty of perjury that the following is 

true and correct: 

1. I am over the age of eighteen years and I make this affidavit on personal 

knowledge of its contents and in further support of Respondent ECM BioFilrns' Clarification 

Concerning Bio-Tec's Motion to Quash Subpoena Duces Tecum. 

2. I am employed by the law firm Emord & Associates, P.C., which represents ECM 

BioFilms in matters before the Federal Trade Commission. I am an attorney of record in the 

above-captioned case. 

3. On February 25,2014, I emailed notice of Respondent's withdrawal of its 

subpoena duces tecum to Bio-Tec Counsel, Mr. Geoff Rieder. 

4. I have received no email from Bio-Tee or Counsel for Bio-Tee that included a 

Motion to Quash. 

Pursuant to 28 U.S.C. § 1746, I declare under penalty of perjury that the foregoing is true 

and correct. Executed this 18th day of March~ 2014. 

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PUBLIC DOCUivfENT 

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