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 DOCUMENT

JOINT MOTION TO EXTEND THE DEADLINE TO FILE EXPERT WITNESS 

RELATED MOTIONS IN LIMINE

Pursuant to the Federal Trade Commission’s Rule of Practice 16 C.F.R. 3.32(f), 

Respondent ECM BioFilms, Inc. (“ECM”) hereby submits this Joint Motion to extend the 

deadline for filing motions in limine related to expert witnesses for three days from the 

present deadline of July 14, 2014 to a proposed deadline of July 16, 2014. One of 

Complaint Counsel Katherine Johnson and one of ECM’s counsel Peter Arhangelsky

agreed today to file this joint motion to enable both sides to complete expert discovery 

before any such motions are filed. Good cause exists for granting this joint motion. 

Complaint Counsel’s final deposition of ECM’s experts is currently scheduled for July 

15, 2014. Thus if submissions are required by today, two ECM expert witness 

depositions (one today and one tomorrow) would not be completed within the original 

deadline set by the Court.

All other deadlines in the Third Revised Scheduling Order remain unaffected by 

this motion. 

Date: July 14, 2014

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07 14 2014
Respectfully submitted,

 /s/ Jonathan W. Emord _

Jonathan W. Emord (jemord@emord.com)

Emord & Associates, P.C.

11808 Wolf Run Lane

Clifton, VA 20124

Ph: (202) 388-8899

Fx: (202) 466-6938

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STATEMENT CONCERNING MEET AND CONFER

Pursuant to Rule 3.22(g), 21 C.F.R. § 3.22(g), the undersigned counsel certifies 

that the parties have conferred in a good faith effort to address the issues raised in the 

foregoing Motion, and ECM and Ms. Johnson have agreed to the relief jointly requested. 

Date: July 14, 2014

 /s/ Jonathan W. Emord _

Jonathan W. Emord (jemord@emord.com)

Emord & Associates, P.C.

11808 Wolf Run Lane

Clifton, VA 20124

Ph: (202) 388-8899

Fx: (202) 466-6938

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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 DOCUMENT

[PROPOSED] ORDER GRANTING

THE PARTIES’ JOINT MOTION TO EXTEND THE DEADLINE TO FILE 

EXPERT WITNESS RELATED MOTIONS IN LIMINE

This matter having come before the Chief Administrative Law Judge on July 14, 

2014, upon a Joint Motion to Extend the Deadline to File Expert Related Motions in 

Limine, it is hereby ORDERED that the Joint Motion is GRANTED.

It is FURTHER ORDERED that the Scheduling Order shall be revised to reflect 

the dates set forth in the parties Joint Motion:

• July 16, 2014: Deadline for filing motions in limine to preclude admission of 

evidence.

SO ORDERED: ___________________________

D. Michael Chappell

Chief Administrative Law Judge

Date:

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CERTIFICATE OF SERVICE

I hereby certify that on July 14, 2014, I caused a true and correct copy of the paper 

original of the foregoing to be served as follows: 

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

Donald S. 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

Division of Enforcement

Bureau of Consumer Protection

Federal Trade Commission

600 Pennsylvania Avenue, NW

Mail stop M-8102B

Washington, D.C. 20580

Email: kjohnson3@ftc.gov

Elisa Jillson

Division of Enforcement

Bureau of Consumer Protection

Federal Trade Commission

600 Pennsylvania Avenue, NW

Mail stop M-8102B

Washington, D.C. 20580

Email: ejillson@ftc.gov

Jonathan Cohen

Division of Enforcement

Bureau of Consumer Protection

Federal Trade Commission

600 Pennsylvania Avenue, NW

Mail stop M-8102B

Washington, D.C. 20580

Email: jcohen2@ftc.gov

Arturo Decastro

Division of Enforcement

Bureau of Consumer Protection

Federal Trade Commission

600 Pennsylvania Avenue, NW

Mail stop M-8102B

Washington, D.C. 20580

Email: adecastro@ftc.gov

I further 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.

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 /s/ Jonathan W. Emord

Jonathan W. Emord

EMORD & ASSOCIATES, P.C.

11808 Wolf Run Lane

Clifton, VA 20124

Telephone: 202-466-6937

Facsimile: 202-466-6938

Email: jemord@emord.com

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