OR\G\NAL 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International 

) 

) 

) 

) 

) 

) 

Docket No. 9358 

PUBLIC DOCUMENT 

JOINT MOTION TO RESET THE FACT DISCOVERY DEADLINE 

Complaint Counsel and Respondent ECM Biofilms ("ECM") continue to negotiate 

regarding the potential service of certain third party subpoenas to ECM' s customers. In the event 

negotiations fail, ECM anticipates seeking a protective order. To facilitate negotiations, 

however, and to avoid possibly unnecessary motions practice, the parties jointly ask the Court to 

reset the fact discovery deadline to alleviate the effect of any delay associated with the 

' negotiations. Specifically, both parties stipulate that, in the event they cannot agree, and ECM 

seeks a protective order, the fact discovery deadline should be moved back by the number of 

days between February 51 and the date when the Court resolves ECM's motion (regardless of 

how the motion is resolved). As such, the parties jointly ask the Court to enter an order to this 

effect. Both Complaint Counsel and ECM reserve all other rights. 

Dated: February 6, 2014 Respectfully submitted, 

Ka e Johitson (kjohnson3@ftc.gov) 

athan Cohen (jcohen2@ftc.gov) 

lisa 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 

1 February 5 is the date the parties reached this agreement as a way to avoid possibly 

unnecessary motions practice. 
Dated: February 6, 2014 

PUBLIC DOCUMENT 

. . c!J!/ 

JQJt._Emord 

Peter A. Arhangelsky 

Gem~rd@:.Uord.com) (parhangelsky@emord.com) 

Lou F. Caputo (lcaputo@emord.com) 

Emord & Associates, P .C. 

11808 Wolf Run Lane 

Clifton, VA 20124 

Phone: (202) 388-8899 

Fax: (202) 466-6938 

2 Executed with Mr. Arhange1sky's express authority. 

2 
PUBLIC DOCUMENT 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International 

) 

) 

) 

) 

) 

) 

Docket No. 9358 

[PROPOSED] ORDER 

GRANTING JOINT MOTION TO RESET THE FACT DISCOVERY DEADLINE 

This matter having come before the Chief Administrative Law Judge on February 6, 

2014, upon a Joint Motion To Reset the Fact Discovery Deadline, it is hereby ORDERED that 

the Joint Motion Is GRANTED. 

It is FURTHER ORDERED that, ifECM seeks a protective order regarding the potential 

service of third party subpoenas to its customers, the fact discovery deadline will be moved from 

Apri13, 2014 back by the number of days between February 5 and the date the Court resolves 

ECM's motion (regardless of how the Court resolves ECM's motion). 

SO ORDERED: 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: 

3 
PUBLIC DOCUMENT 

CERTIFICATE OF SERVICE 

I hereby certify that on February 6, 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, and one copy through the FfC' s e-filing system: 

DonaldS. Clark, Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Room H-159 

Washington, DC 20580 

Email: secretary@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 WolfRunLane 

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. 

3210-8. 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 adjud· 

Date: February 6, 2013 

4 

ath · ohnson (kjohnson3@ftc.gov) 

.. Jo · an Cohen (jcohen2@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