1 

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Edith Ramirez, Chairwoman 

 Julie Brill

 Maureen K. Ohlhausen

 Joshua D. Wright 

 

 ) 

In the Matter of ) PUBLIC

 ) 

ECM BioFilms, Inc., ) Docket No. 9358 

a corporation, also d/b/a ) 

Enviroplastics International ) 

 ) 

ORDER RESCHEDULING HEARING DATE

On October 18, 2013, the Federal Trade Commission issued the Administrative 

Complaint in this adjudicative proceeding and scheduled the evidentiary hearing for 

June 18, 2014. On March 18, 2014, Complaint Counsel filed a Motion which, among 

other things, requests that the Commission continue the evidentiary hearing for three 

months, arguing that such additional time is “the time minimally necessary to complete 

discovery.”1 Respondent opposes any such delay, arguing that a three-month delay “will 

substantially increase costs but will not yield any more substantive information than 

Complaint Counsel now possesses.”2

 

On April 1, 2014, Chief Administrative Law Judge Chappell issued an Order ruling 

on Complaint Counsel’s Motion.3

 As Judge Chappell points out, the only issue raised by 

the Motion that is certifiable to the Commission is Complaint Counsel’s request for a 

continuance of the evidentiary hearing.4

 As authorized by the Commission Rules, Judge 

Chappell has addressed and resolved all of the other issues raised by Complaint 

Counsel’s Motion, and we need not address them here. 

 

1

 Complaint Counsel’s Motion To Certify Scheduling Issues to the Commission and Request for Interim 

Relief at 12, In the Matter of ECM Biofilms, Inc. et al, F.T.C. Docket No. 9358 (Mar. 18, 2014)

[hereinafter Motion], available at

http://www.ftc.gov/system/files/documents/cases/140318ccmtntocertify.pdf. 2

 ECM BioFilm’s Opposition To Complaint Counsel’s Motion To Certify Scheduling Issues and For 

Interim Relief, in camera, at 2, In the Matter of ECM Biofilms, Inc. et al, F.T.C. Docket No. 9358 (Mar. 

28, 2014) (quoted language public, but redacted public version of Opposition not yet filed). 3

 Order On Complaint Counsel’s Motion To Certify Scheduling Issues To the Commission and Request 

For Interim Relief, In the Matter of Biofilms, Inc. et al, F.T.C. Docket No. 9358 (Apr. 1, 2014) [hereinafter 

ALJ Order], available at http://www ftc.gov/system/files/documents/cases/140401ordercertifycommn.pdf. 4

 Commission Rule 3.22(a), 16 C.F.R. § 3.22(a), provides that during the time an adjudicative proceeding 

is before an Administrative Law Judge, all motions on which the ALJ has the authority to rule “shall be 

addressed to and decided by the Administrative Law Judge.” Only the Commission has the authority to 

change the date of the hearing. See Commission Rule 3.21(c), 16 C.F.R. § 3.21(c).
2

On the issue before us – Complaint Counsel’s request for a 90-day continuance of 

the evidentiary hearing – Judge Chappell recommends that the hearing be continued for 

45 days. He concludes that, while the parties “are entitled to full and fair discovery,” 

Complaint Counsel’s request for a 90-day continuance “is not sufficiently justified.”5

 

Specifically, Judge Chappell notes that Complaint Counsel asked that the discovery 

deadlines in the case be extended by 45 days but at the same time requested a 90-day 

continuance. As Judge Chappell also observes, Respondent opposes the request for 

continuance, but, in its own motion to compel and for sanctions, also seeks to extend the 

fact discovery deadline. Judge Chappell therefore recommends that the Commission 

continue the evidentiary hearing for 45 days, to August 5, 2014.

6 We agree with the 

recommendation of Judge Chappell. 

Based on the foregoing, we find there is good cause to continue the evidentiary 

hearing to August 5, 2014. Accordingly,

IT IS ORDERED that the evidentiary hearing in this proceeding be, and it hereby 

is, rescheduled to begin at 10:00 a.m. on August 5, 2014, at the Federal Trade 

Commission offices at 600 Pennsylvania Avenue, N.W., Room 532, Washington, D.C. 

20580.

By the Commission.

Donald S. Clark

Secretary

SEAL:

ISSUED: April 8, 2014

 5

 ALJ Order, supra note 3, at 3. 6

 Id. at 1.