ORIGiNAL 

UNITED STATES OF Al"'ERICA 

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 RESCHEDUI,E PRETRIAL CONFERENCE AND ADJUST 

SCHEDULING DATES 

Pursuant to the Federal Trade Commission's Rules of Practice ("Rules"), 16 

C.F.R. 3.3l(c)(l), Respondent ECM BioFilms, Inc. ("ECM") requests that the Court 

enter the attached proposed order to reschedule the Pretrial Conference date from July 31, 

2014 to July 29, 2014, and adjust certain surrounding deadlines as set forth below. Good 

cause exists for granting this joint motion because Counsel representing Respondent must 

appear in the United States District Court for the District of Utah in Salt Lake City for 

another client on July 31, 2014. 

On AprillO, 2014, this Court entered a Second Revised Scheduling Order setting 

the following relevant dates: 

• July 21,2014: Complaint Counsel files pretrial brief 

• July 28, 2014: Respondent's Counsel files pretrial brief 

• July 30, 2014: Final stipulations of law, facts, and authenticity are filed 

• July 31,2014: Final pretrial conference begins at 10:00 am 
On July 3 1, 2014, the same counsel who represent Respondent are required to appear for 

another client before the United States District Court for the District of Utah. See Albion 

International Inc. v. American International Chemical, eta/., No. 07-cv-997 (D.Utab).' 

Consequently, the conflict with the scheduled July 31 date is irreconcilable. Because of 

that calendaring conflict, the panies have conferred and have jointly agreed to request 

that this Court adjust the schedule so that the relevant deadlines would be changed as 

follows: 

• July 23, 20 14: Complaint Counsel files pretrial brief 

• July 28, 2014: Final stipulations oflaw, facts, and authenticity are filed 

• July 29,2014: Final pretrial conference begins at 10 am 

• July 30, 2014: Respondent's Counsel files pretrial brief 

All other deadlines in the Second Revised Scheduling Order would remain unaffected by 

this adjustment. 

1 On March 24, 2014, before the Commission rescheduled the hearing date in this 

case to Augu st 5, 2014, ECM obtained a continuance of the hearing date in federal court 

until July 31,2014 to avoid a conflict with the Commission's proceeding. 

2 
DATED this 16th day of April 2014. 

Respectfully submitted, 

Is/ Jonathan W. Emord 

Jonathan W. Emord Gemord@emord.com) 

Emord & Associates, P.C. 

11808 WoJfRun Lane 

Clifton, VA 20124 

Ph: (202) 388-8899 

Fx: (202) 466-6938 

Is/ Katherine Johnson 

Katherine Johnson (kjohnson3@ftc.gov) 

Jonathan Cohen Gcohen2@ftc.gov) 

Elisa Jillson (ejillson@ftc.gov) 

600 Pennsylvania Ave., N.W. M-81028 

Washington, DC 20580 

Ph: 202-326-2185; -2551 ; -3001 

Fx: 202-326-25512 

2 Electronically signed on counsel's behalf with Ms. Johnson's express authority. 

3 
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 they have agreed to the relief jointly requested. 

DATED: April16, 2014. 

Is/ Jonathan W. Emard 

Jonathan W. Emord (jemord@emord.com) 

Emard & Associates, P .C. 

11808 WolfRun Lane 

Clifton, VA 20124 

Pb: (202) 388-8899 

Fx: (202) 466-693 8 

4 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF THE ADMINISTRATIVE LAW JUDGES 

Washington, D.C. 

In the Matter of 

Docket No. 9358 

ECM BioFilms, Inc., 

a corporation, also d/b/a 

Enviroplastics International, 

PUBLIC DOCUMENT 

Respondent. 

fPROPOSEDJ ORDER ENTERING 

THE PARTIES' JOINT MOTION TO RESCHEDULE PRETRIAL 

CONFERENCE AND ADJUST SCHEDULING DATES 

This matter having come before the Chief Administrative Law Judge on April 16, 

2014, upon a Joint Motion to Reschedule Pretrial Conference and Adjust Scheduling 

Dates, 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 23, 2014: Complaint Counsel files pretrial brief 

• July 28,2014: Final stipulations of law, facts, and authenticity are filed 

• July 29, 2014: Final pretrial conference begins at 10 am 

• July 30, 2014: Respondent's Counsel files pretrial brief 

SO ORDERED: 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: 

5 
CERTIFICATE OF SERVICE 

I hereby certify that on April 16, 2014, l caused a true and correct copy of the paper 

original of the foregoing JOINT MOTION TO RESCHEDULE PRETRIAL 

CONFERENCE AND ADJUST SCHEDULING DATES to be served as follows: 

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

DonaldS. Clark, Secretary 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Room H-ll3 

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-81 02B 

Washington, D.C. 20580 

Emai I: kjolmson3@ftc.gov 

Jonathan Cohen 

Division of Enforcement 

Bureau of Consumer Protection 

Federal Trade Commission 

600 Pennsylvania A venue, NW 

Mail stop M-8102B 

Washington, D.C. 20580 

Email: jcohen2@ftc.gov 

Elisa Jillson 

Division ofEnforcement 

Bureau of Consumer Protection 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Mail stop M-8 1028 

Washington, D.C. 20580 

Email: cjillson@ftc.gov 

J further certify that I retain a paper copy of the signed original of the foregoing 

docwnent that is available for review by the parties and adjudicator consistent with the 

Commission's Rules. 

6 
7 

Is/ Jonathan W Emard 

Jonathan W_ Emard 

EMORD & ASSOCIATES, P.C. 

11808 WolfRun Lane 

Clifton, VA 201 24 

Telephone: 202-466-6937 

Facsimile: 202-466-6938 

Email: jemord@emord.com