In the Matter of 

ECM BioFilms, Inc., 

ORIGINAL 

UNITED STATES OF AMERICA 

FEDERAL TRADE COl.\tiMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

DOCKET NO. 9358 

PUBLIC 

a corporation, also d/b/a 

Enviroplastics International, 

Respondent. 

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REVISED SCHEDULING ORDER 

Pursuant to the Order On Complaint Counsel's Motion to Certify Scheduling Issues to 

the Commission and Request for Interim Relief, April 1, 2014, the Scheduling Order is revised 

as follows: 

April 7, 2014 

April 14, 2014 

April21 , 20 14 

April25, 2014 

Apdl28, 2014 

May 8, 2014 

May 9, 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 Complaint Counsel to provide expert witness reports. 

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 Rule 

3.24(a)(4), depositions of experts, and discovery for purposes of 

authenticity and admissibility of exhibits. 

Deadline for Respondent's Counsel to provide expert witness 

reports. Respondent's expert report shaJl include (without 
May 19,2014 

May 22, 2014 

May23, 2014 

May 27,2014 

May 27, 2014 

May 30, 2014 

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

report(s). 

Complaint Counsel to identify rebuttal expert(s) and provide 

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

rebuttal of matters 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). 

Complaint COtmsel provides to Respondent's Counsel its final 

proposed witness and exhibit lists, including depositions or 

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 serves courtesy 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, including its expert witnesses. 

Deadline for depositions of experts (including rebuttal experts) and 

exchange of expert related exhibits. 

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 summary exhibits and expert related 

exhibits), Respondent's basis of admissibility for each proposed 

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

each witness, including its expert witnesses. 

Parties 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. 

Exchange deposition transcript counter-designations. 

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June 2, 2014 

June 6, 2014 

June 9, 2014 

June 9, 2014 

June 11, 2014 

June 11, 2014 

June 12, 2014 

June 12, 2014 

June 13, 2014 

June 16, 2014 

June 17,2014 

Deadline for filing motions in limine to preclude admission of 

evidence. See Additional Provision 9. 

Deadline for filing motions for in camera treatment of proposed 

triaJ exhibits. 

Deadline for filing responses to motions in limine to preclude 

admissions of evidence. 

Complaint Counsel files pretrial brief supported by legal authority. 

Deadline for filing responses to motions for in camera treatment of 

proposed trial exhibits. 

Exchange proposed stipulations of law, facts, and authenticity. 

Exchange and serve courtesy copy on ALJ objections to fmal 

proposed witness lists and exhibit lists. 

Exchange objections to the designated testimony to be presented 

by deposition and cotmter-designations. 

Respondent's Counsel files pretrial brief supported by legal 

authority. 

File finaJ stipulations of law, facts, and authenticity. 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 trial logistics 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 exhibits> including to any designated deposition 

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 lists the exhibits to which neither side o~jects. Any Joint 

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

line for the ALJ.) 

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June 18, 2014 Commencement of Hearing, to begin at 10:00 a.m. in FTC 

Courtroom, 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 Chappe 

Chief Administrative Law Judge 

Date: April 1, 20 14 

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