FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/25/2021 | OSCAR NO. 600785 | PUBLIC

________________________________________________ 

________________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

HEALTH RESEARCH LABORATORIES, LLC, 

a limited liability company, 

WHOLE BODY SUPPLEMENTS, LLC, 

a limited liability company, and DOCKET NO. 9397 

KRAMER DUHON, 

individually and as an officer of 

HEALTH RESEARCH LABORATORIES, LLC 

and WHOLE BODY SUPPLEMENTS, LLC. 

COMPLAINT COUNSEL’S MOTION 

SEEKING PERMISSION TO FILE RESPONSE TO RESPONDENTS’ WAIVER 

Complaint Counsel requests permission to file a short response to the waiver filed by 

Respondents on February 25, 2021. On February 12, 2021, Respondents filed a motion for leave 

to file an amended answer along with a proposed amended answer. Complaint Counsel filed an 

Opposition to that motion and the proposed amended answer on February 24, 2021. 

 Respondents’ waiver substantially changes their original proposed amended answer, and 

Complaint Counsel therefore requests an opportunity to file a response. Despite its title, 

Respondents’ waiver functionally serves as a new motion to file a second amended answer 

without two affirmative defenses. 

Complaint Counsel therefore requests permission to file a response not to exceed 1500 

words addressing remaining issues following the waiver and Respondents’ original motion for 

leave to file an amended answer. Complaint Counsel respectfully requests one week to file the 

response (March 4, 2021). 
 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/25/2021 | OSCAR NO. 600785 | PUBLIC

PUBLIC 

Respectfully submitted, 

s/ Elizabeth J. Averill 

Elizabeth J. Averill 

Jonathan Cohen 

Federal Trade Commission 

600 Pennsylvania Ave, NW, CC-9528 

Washington, DC 20580 

(202) 326-2993 (Averill); -2551 (Cohen) 

Eaverill@ftc.gov; Jcohen2@ftc.gov 

(202) 326-3197 (facsimile) 

Complaint Counsel 

2 
 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/25/2021 | OSCAR NO. 600785 | PUBLIC

PUBLIC 

CERTIFICATE OF COMPLIANCE 

Pursuant to Paragraph 4 of the Court’s December 14, 2020 Scheduling Order, the 

undersigned counsel represents that she contacted Respondents’ counsel, Joel Reese, by email on 

February 25, in a good faith effort to resolve by agreement the issues raised in this motion. In 

response, Mr. Reese stated he disagreed. 

s/ Elizabeth Averill 

Elizabeth Averill 

Federal Trade Commission 

600 Pennsylvania Ave, NW, CC-9528 

Washington, DC 20580 

(202) 326-2993; eaverill@ftc.gov 

3 
 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/25/2021 | OSCAR NO. 600785 | PUBLIC

PUBLIC 

CERTIFICATE OF SERVICE 

I certify that I served a copy of Complaint Counsel’s Motion Seeking Permission to File a 

Response to Respondents’ Waiver to counsel for the Respondents on February 25, 2021 via 

electronic mail. 

Joel Reese 

Joshua Russ 

Reese Marketos LLP 

750 N. Saint Paul St., Suite 600 

Dallas, TX 75201 

Joel.reese@rm-firm.com 

Josh.russ@rm-firm.com 

I also served one electronic copy via the Administrative E-Filing System and one electronic 

courtesy copy to the Office of the Secretary via email to ElectronicFilings@ftc.gov. 

I served one electronic courtesy copy via email to the Office of the Administrative Law Judge: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave, N.W., Room H-110 

Washington, DC 20580 

s/ Elizabeth J. Averill 

Elizabeth J. Averill 

Federal Trade Commission 

600 Pennsylvania Ave, NW, CC-9528 

Washington, DC 20580 

(202) 326-2993; eaverill@ftc.gov 

4 
 

 

 

 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 2/25/2021 | OSCAR NO. 600785 | PUBLIC

________________________________________________ 

________________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

In the Matter of 

HEALTH RESEARCH LABORATORIES, LLC, 

a limited liability company, 

WHOLE BODY SUPPLEMENTS, LLC, 

a limited liability company, and DOCKET NO. 9397 

KRAMER DUHON, 

individually and as an officer of 

HEALTH RESEARCH LABORATORIES, LLC 

and WHOLE BODY SUPPLEMENTS, LLC. 

[PROPOSED] ORDER GRANTING COMPLAINT COUNSEL’S 

MOTION TO FILE RESPONSE TO RESPONDENTS’ WAIVER 

This matter having come before the Chief Administrative Law Judge on February 25, 

2021, upon Complaint Counsel’s Motion Seeking Permission to File Response to Respondents’ 

Waiver it is hereby ORDERED that: 

1. The Motion is GRANTED; and 

2. Complaint Counsel may file a response not to exceed 1500 words no later than 

March 4, 2021. 

ORDERED: ______________________ 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: