In the Matter of 

OR\G\NJ\L 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

ECM BioFilms, Inc., 

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) 

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) 

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Docket No. 9358 

a corporation, also d/b/a 

Enviroplastics International PUBLIC DOCUMENT 

WITHDRAWAL OF MOTION TO COMPEL 

RESPONDENT TO PRODUCE DOCUMENTS 

On January 23,2014, Complaint Counsel filed a motion seeking an order from this Court 

to compel Respondent to produce documents and information in response to our first set of 

document requests ("Motion to Compel"). Respondent filed an opposition to our Motion o 

Compel on January 28,2014. On January 29,2014, the Court ordered Complaint Counsel to file 

a reply on or before February 3, 2014, which it did on January 31,2014. 

On February 5, 2014, Respondent notified Complaint Counsel of its desire to resolve this 

dispute without an order from the Court and proposed an agreement to tum over its responsive 

documents. The parties subsequently engaged in a series of meet and confers to discuss 

Respondent's proposal. Respondent has represented to Complaint Counsel that: 

(1) It will produce the entire Email Archive 1 for the period of January 1, 2009 through 

January I, 2014, including internal communications (to the extent they exist), 

scientific and technical data that (i) are possessed by ECM and (ii) were not already 

produced in prior productions, and all associated files, subject only to the following 

limitations: 

a. ECM will redact or expurgate its customers' confidential business information 

to the extent that information is defmed by mutual confidentiality agreements 

executed with certain ECM customers; 

1 Capitalized terms used and not defined herein have the meanings set forth in the Motion to Compel and Complaint 

Counsel's reply. 
PUBLIC DOCUMENT 

b. ECM will redact or expurgate all information subject to privilege, including, 

e.g., the attorney work product privilege, the attorney-client privilege, and 

trade secret privileges; and 

c. ECM shall designate all correspondence with customers (and associated files) 

as confidential under the standing protective order. 

(2) ECM will timely respond to Complaint Counsel's second set of discovery requests. 

(3) ECM will produce files from the Email Archive on a rolling basis, meaning as it is 

retrieved and immediately after it is reviewed by counsel, and ECM agrees to 

complete the production by February 21, 2014, subject to its obligation and right to 

amend or supplement discovery under 16 C.F.R. § 3.31(e). 

(4) ECM will produce the remainder of the Summary Database (encompassing all emails, 

faxes, and phone calls from January 1, 2009 to the present) on or before February 12, 

2014. 

Complaint Counsel's request for documents under the Motion to Compel is now moot 

based on Respondent's representations above. Accordingly, Complaint Counsel hereby 

withdraws the Motion to Compel, without prejudice to refiling the Motion if Respondent fails to 

abide by the terms of its proposed agreement. 

Dated: February 7, 2014 Respectfully submitted, 

Is/ Katherine Johnson 

Katherine Johnson (kjohnson3@ftc.gov) 

Jonathan Cohen Gcohen2@ftc.gov) 

Elisa Jillson (ejillson@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. M-8102B 

Washington, DC 20580 

Phone: 202-326-2185; -2551; -3001 

Fax: 202-326-2551 

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PUBLIC DOCUMENT 

CERTIFICATE OF SERVICE 

I hereby certify that on February 7, 2014, I caused a true and correct copy of the 

foregoing to be served as follows: 

One electronic copy to the Office ofthe Secretary, and one copy through the FTC's e-filing system: 

Donald S. Clark, Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Room H-159 

Washington, DC 20580 

Email: secretarv@ftc.gov 

One electronic copy and one hard copy to the Office of the Administrative Law Judge: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave., NW, Room H-11 0 

Washington, DC 20580 

One electronic copy to Counsel for the Respondent: 

Jonathan W. Emord 

Emord & Associates, P .C. 

11808 WolfRun Lane 

Clifton, VA 20124 

Email: jemord@emord.com 

Lou Caputo 

Emord & Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: lcaputo@emord.com 

Peter Arhangelsky 

Emord & Associates, P.C. 

3210 S. Gilbert Road, Suite 4 

Chandler, AZ 85286 

Email: parhangelsky@emord.com 

I further certify that I possess a paper copy of the signed original of the foregoing 

document that is available for review by the parties and the adjudicator. 

Date: February 7, 2013 

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Is/ Katherine Johnson 

Katherine Johnson (kjohnson3@ftc.gov) 

Jonathan Cohen Qcohen2@ftc.gov) 

Elisa Jillson (ejillson@ftc.gov) 

Federal Trade Commission 

600 Pennsylvania Ave., N.W. M-8102B 

Washington, DC 20580 

Phone: 202-326-21~5; -2551; -3001 

Fax: 202-326-2551