FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/16/2021 | OSCAR NO. 601228 | PUBLIC

________________________________________________ 

________________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Rebecca Kelly Slaughter, Acting Chair 

Noah Joshua Phillips 

Rohit Chopra 

Christine S. Wilson 

In the Matter of 

HEALTH RESEARCH LABORATORIES, LLC, 

a limited liability company, 

WHOLE BODY SUPPLEMENTS, LLC, 

a limited liability company, and DOCKET NO. 9397 

KRAMER DUHON, 

individually and as an officer of 

HEALTH RESEARCH LABORATORIES, LLC 

and WHOLE BODY SUPPLEMENTS, LLC. 

COMPLAINT COUNSEL’S RESPONSE 

TO RESPONDENTS’ MOTION FOR ADDITIONAL TIME 

Respondents have untimely moved for additional time to oppose Complaint Counsel’s 

motion for additional time. Although Complaint Counsel does not object to awarding 

Respondents additional time to oppose the pending motion to extend the trial date so that the 

Commission can resolve that motion on the merits, as discussed below, Respondents’ excuses 

that purportedly explain their tardiness are dubious at best. 

First, Respondents assert that they “did not notice” that Complaint Counsel filed the 

motion with the Commission (as Rules 3.21(c)(1) and 3.41(b) require) rather than the 

Administrative Law Judge. Motion at 2. It seems unlikely that Respondents were ignorant of 

the Rules providing that only the Commission can extend a hearing date; they should have 

assumed that Complaint Counsel filed the motion consistent with the relevant Rules (which, in 

fact, Complaint Counsel cited in the motion’s first sentence, see Hearing Date Motion (Mar. 30, 

2021) at 1). Likewise, it is difficult to accept that Respondents failed to notice the caption— 
 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/16/2021 | OSCAR NO. 601228 | PUBLIC

PUBLIC 

which reads “BEFORE THE FEDERAL TRADE COMMISSION”—across the top of the 

filing’s first page (and lists the Commissioners’ names). Additionally, even if Respondents did 

not open the document, the transmittal email serving the Respondents made clear that Complaint 

Counsel filed the materials “for submission to the Commission.” CCX-1 (emphasis added). 

Notably, even assuming that Respondents were unfamiliar with the relevant rules and missed the 

filing’s multiple references to the Commission and Commissioners, Respondents claim that they 

failed to review the filing again for two weeks. See Motion at 2-3. 

Second, the day following the filing of Complaint Counsel’s motion with the 

Commission, Respondents filed an affirmative motion with the Administrative Law Judge 

captioned: “Expedited Motion to Enter New Scheduling Order, or in the alternative, Transfer 

Case to the Commission.” See Respondents’ Mar. 31, 2021 Motion. Remarkably, Respondents 

now assert that they “believed they had responded to [Complaint Counsel’s] original Motion” 

through this new affirmative motion before the ALJ because it “clearly opposes the request to 

extend the hearing date.” Motion at 2. To accept this excuse requires the Commission to 

conclude that Respondents drafted and submitted their affirmative motion—not called an 

“opposition”—without having reviewed the motion Complaint Counsel filed only hours earlier 

on the same subject. In reality, Respondents new motion before the ALJ was not an opposition 

to what Complaint Counsel submitted to the Commission the day before, nor did Respondents 

intend it to be—despite what Respondents now misleadingly claim. 

Again, Complaint Counsel does not oppose awarding Respondents additional time to 

submit their filing and welcomes a decision on the merits. However, the Commission should 

view Respondents’ representations concerning the course of proceedings below with caution. 

2 
 

 

 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/16/2021 | OSCAR NO. 601228 | PUBLIC

PUBLIC 

Respectfully submitted, 

s/ Jonathan Cohen 

 Elizabeth J. Averill

 Jonathan Cohen 

 Federal Trade Commission

 600 Pennsylvania Ave, NW, CC-9528 

 Washington, DC 20580 

 (202) 326-2993 (Averill); -2551 (Cohen) 

 Eaverill@ftc.gov; Jcohen2@ftc.gov 

 (202) 326-3197 (facsimile) 

Complaint Counsel 

3 
 

 

 

FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/16/2021 | OSCAR NO. 601228 | PUBLIC

PUBLIC 

CERTIFICATE OF SERVICE 

I certify that I served a copy of Complaint Counsel’s Response to Respondents’ Motion 

for Additional Time as well as one attached exhibit to counsel for the Respondents on April 16, 

2021 via electronic mail. 

Joel Reese 

Joshua Russ 

Reese Marketos LLP 

750 N. Saint Paul St., Suite 600 

Dallas, TX 75201 

Joel.reese@rm-firm.com 

Josh.russ@rm-firm.com 

I also served one electronic copy via the Administrative E-Filing System and one electronic 

courtesy copy to the Office of the Secretary via email to ElectronicFilings@ftc.gov. 

I served one electronic courtesy copy via email to the Office of the Administrative Law Judge: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

600 Pennsylvania Ave, N.W., Room H-110 

Washington, DC 20580 

 s/ Jonathan Cohen 

 Elizabeth J. Averill

 Federal Trade Commission

 600 Pennsylvania Ave, NW, CC-9528 

 Washington, DC 20580 

 (202) 326-2993; eaverill@ftc.gov 

4 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/16/2021 | OSCAR NO. 601228 | PUBLIC

PUBLIC 

CCX-1 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/16/2021 | OSCAR NO. 601228 | PUBLIC

PUBLIC 

From: Averill Elizabeth 

To: QAU; Electronic Filings 

Cc: Joel Reese (joel reese@rm-firm com}: Josh Russ <josh russ@rm-firm com}: Cohen Jonathan; Haccis Sherri CTR: 

Welby. Grant; Garrett Celia 

Subject: Dkt. 9397: Health Research Laboratories - Complaint Counsel"s Expedited Motion to Reschedule Evidentiary 

Hearing 

Date: Tuesday, March 30, 2021 9:47:00 PM 

Attachments: cc Expedited Motjon to Reschedule Hearjnq odf 

Averill Ped and Exs Final pdf 

Proposed Qrder.pdf 

Attached please find courtesy copies of Complaint Counsel's Expedited Motion to Reschedule 

Evidentiary Hearing for submission to the Commission along with a supporting Declaration, 

Exhibits, and a Proposed Order. 

Thank you. 

Elizabeth J. Averill 

Federal Trade Commission 

Bureau of Consumer Protection 

202-326-2993