In the Matter of 

ECM BioFilms, Inc., 

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UNITED ST.'\. TES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

DOCKET NO. 9358 

PUBLIC 

a corporation, also dlb/a 

Enviroplastics International, 

Respondent. 

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SECO!'Hl REVISED SCHE.DULING ORDER 

Pursuant to the Commission's April8, 20l4 Order Rescheduling Hearing Date, which 

rescheduled the evidentiary hearing to begin at 10.00 a.m. on August 5, 2014, and the April 1, 

2014 Order on Complaint Counsel's Motion to Certify Scheduling Issues to the Commission and 

Request for Interim Relief, the dates in the April 1, 2014 Revised Scheduling Order are further 

revised as follows: 

Aprilll, 2014 

April 23, 2014 

April 30, 2014 

May 7, 2014 

May 21, 2014 

June 4, 2014 

June 11, 2014 

Deadline for issuing document requests, interrogatories and 

subpoenas duces tecum~ except for discovery for purposes of 

authenticity and admissibility of exhibits. 

Complaint Counsel provides expert witness list. 

Respondent's Counsel provides expert witness list. 

Deadline for issuing requests for admissions, except for requests 

for admissions for purposes of authenticity and admissibility of 

exhibits. 

Close of discovery, other than discovery permitted under Rwe 

3.24(a)(4); d~pos ions of experts, and discovery for purposes of 

authentivity and admissibility of exhibits. 

Deadl.ine for Complaint Counsel to provide expert witness reports. 

Complaint Counsel provides to Respondent's Counsel its final 

proposed witness and exhibit lists, including depositions or 
June 18,2014 

June 25,2014 

June 26,2014 

June 30, 2014 

June 30, 2014 

July 2, 2014 

designated portions thereof, copies of all exhibits (except for 

demonstrative, illustrative or summary exhibits and expert related 

exhibits), Complaint Counsel's basis of admissibility for each 

proposed exhibit, and a brief summary of the testimony of each 

witness. 

Complaint Counsel s.erves coilrtesy copies on ALJ of its final 

proposed witness and exhibit lists, its basis of admissibility for 

each proposed exhibit, and a brief summary of the testimony of 

each witness, includmg its .expert w.i:tnesses. 

Deadline for Respondent's Counsel to provide expert "''itness 

reports. Respondent's expert report shall include (without 

limitation) ·rebuttal, if any, to Complaint Counsel's expert wimess 

report(s). · 

Respondent,s Counsel provides to Complaint Counsel its final 

proposed witness and exhibit lists, including depositions or 

designated portions thereof, copies of all exhibits (except for 

demonstrative, illustrative or surimlary exhibits and expert related 

exhibits), Respondent's basis of adtmssibility for ·each proposed 

exhibit, and a brief summary ofthe testimony of each witness. 

Respondent's Counsel serves courtesy copies on ALJ its final 

proposed witness and exhibit lists~ its basis of admissibility for 

each proposed exhibit, and a bnefsummary of the testimony of 

each -.,.;ritness, including 1ts expert Witnesses. 

P;mies that intend to offer confidential materials of an opposing 

party or non-party as evidence at the hearing must provide notice 

to the opposing party or non-:party, pursuant to 16 C.F .R. § 3 45(b ). 

See Additional Provision 7. 

Complaint Counsel to identify rehQttal expert(s) and provide 

rebuttal expert report(s). Any such reports are to be limited to 

rebuttal ofrnatters set forth in Respondent's expert reports. If 

material outside the scope of fair rebuttal is presented, Respondent 

will have the right to seek appropriate relief (such as striking 

Complaint Counsel's rebuttal expert reports or seeking leave to 

submit surrebuttal expert reports on behalf of Respondent). 

Exchange deposition transcript cotin.ter-designations. 

Deadline for depositions of experts (including rebuttal experts) and 

exchange of expert related exhibits. 

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July 8, 2014 

July 9, 2014 

July 1 I, 2014 

July 15,2014 

July 16,2014 

July 18,2014 

July 18, 2014 

July 18,2014 

July 21, 20l4 

July 25, 2014 

July 28, 2014 

Jl.lly 30,. 20l4 

July 31,2014 

Deadline for filing motions for in camera treatment of proposed 

trial exhibits. 

Deadline for filing motions in limine to preclude admission of 

ev1dence. See Additional Provision 9. 

Deadline for filing motions for in camera treatment of proposed 

expert related exhibits. 

Deadline for filing responses to motions for in camera treatment of 

proposed trial exhibits. 

Deadline for filing responses to motions in limine to preclude 

admissions of evidence. 

Exchange and serve courtesy copy on AU objections to fin~l 

proposed witness lists and exhibit lists. 

Exchange objections to the designated testimony to be presented 

by deposition and counter-designations. 

Deadline for filing responses to motions for in camera treatment of 

proposed expert related exhibits. 

Complaint Counsel files pretrial brief supported by legal authority. 

Exchange proposed stipulations of law, facts, and authenticity. 

Respondent's Counsel files pretrial brief supported by· legal 

authority. 

File final stipulations of law, facts, and authentfcity. Any 

subsequent stipulations may be offered as agreed by the parties. 

Final prehearing conference to begin at 10:00 a.m. in FTC 

Courtroom, Room 532, Federal Trade Commission Building, 600 

Pennsylvania Avenue, NW, Washington, DC 20580. 

The parties are to meet and confer prior to the conference 

regarding triallo_gistics and proposed. stipulations of law; facts, and 

authenticity of exhibits and any designated deposition testimony. 

To the extent the parties stipulate to certain issues, the parties shall 

prepare a Joint Exhibit which lists the agreed stipulations. 

Counsel may present any objections to the final proposed witness 

lists and exhibit.<>, including to any designated deposition 

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August 5, 2014 

testimony. Trial exhibits will be admitted or excluded to the extent 

practicable. To the extent the parties agree to the admission of 

each other's exhibits, the parties shall prepare a Joint Exhibit 

which hsts the exhibits to which neither side objects. Any Joint 

Exhibit wiU be signed by each party. '(Do not include a signature 

line for the ALJ.) 

Commencement of Hearing, to begin at 10:00 a.m. in FTC 

Co"\lrtroom, Room 532, Federal Trade Commission Building, 600 

Pennsylvania Avenue, NW, Washington, DC 20580. 

All Additional ProvisionS'to the November 21, 2013 Scheduling Order remain in effect. 

ORDERED: 

D. Michael Chap 11 

Chief Administrative Law Judge 

Date: April 10,2014 

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