ASSIGNMENT 

The attached document is assigned to 

Commissioner 

Slaughter 

for review and presentation to the Commission. 

Assignment Date: 08/25/2021 

Document Number: 602580 

Matter Name: HEALTH RESEARCH LABORATORIES LLC ET AL 

Matter Number: D09397 Issue Number: 4 

Staff Contact: AVERILL, ELIZABETH 

Document Title: ASSIGNMENT OF EXPEDITED MOTION TO EXTEND 

COMPLAINT COUNSEL'S REPLY DATE 

In the transfer of information from this sheet to a Commission 

circulation form, please note that the document number shown above 

should be entered on the Commission circulation form as the RELATED 

DOCUMENT NUMBER. In addition, please note that the document title 

shown above should NOT be identical to the document title on the 

circulation form. Instead, the document title on the circulation 

form should begin with one of the following three phrases:

 "Motion to"

 "For Information Circulation of" OR 

April J. Tabor 

Target Motion Date: 10/12/2021 
FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 9/13/2021 | Document No. 602580 | PAGE Page 1 of 5 * PUBLIC *

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________________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Noah Joshua Phillips 

Rohit Chopra 

Rebecca Kelly Slaughter 

Christine S. Wilson 

In the Matter of 

HEALTH RESEARCH LABORATORIES, LLC, 

a limited liability company, 

WHOLE BODY SUPPLEMENTS, LLC, 

a limited liability company, and 

KRAMER DUHON, 

individually and as an officer of 

HEALTH RESEARCH LABORATORIES, LLC 

and WHOLE BODY SUPPLEMENTS, LLC. 

DOCKET NO. 9397 

EXPEDITED MOTION TO EXTEND COMPLAINT COUNSEL’S REPLY DATE 

Respondents’ latest submission demonstrates they are engaged in gamesmanship and 

shows a complete disregard for the process established in the Commission’s recent Orders. The 

Commission previously gave Respondents the opportunity to assert additional facts, dispute facts 

asserted by Complaint Counsel, and clarify what facts they admitted. Order for Further 

Proceedings Before the Commission (May 14, 2021); Order Directing Parties to Submit 

Proposed Findings of Fact and Conclusions of Law and Providing for Summary Decision (July 

30, 2021). However, Respondents strategically held off on either articulating their radically 

narrow interpretation of their Rule 3.12(b)(2) admissions that purportedly excludes admissions 

related to claim interpretation, materiality, and substantiation, or asserting a host of additional 

facts they now rely on, until their final submission when Complaint Counsel only had a five-day 
 

 

 

 

 

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period to reply. See Respondents’ Opposition to Summary Disposition and Reply Findings of 

Fact, Conclusions of Law, and Brief (Sept. 10, 2021) (“Respondents’ Opposition”). 

It is not possible for Complaint Counsel to prepare a thorough response to all of the new 

legal arguments and factual claims advanced in Respondents’ Opposition by the original reply 

date, and Complaint Counsel therefore requests an extension to October 8, 2021 pursuant to 16 

C.F.R. § 4.3(b). 

Respectfully submitted, 

s/ Elizabeth J. Averill 

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 

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CERTIFICATE OF SERVICE 

I certify that I served a copy of the Expedited Motion to Extend Complaint Counsel’s 

Reply Date and proposed Order to counsel for the Respondents on September 13, 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/ Elizabeth J. Averill 

Elizabeth J. Averill 

Federal Trade Commission 

600 Pennsylvania Ave, NW, CC-9528 

Washington, DC 20580 

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

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________________________________________________ 

________________________________________________ 

PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS: Lina M. Khan, Chair 

Noah Joshua Phillips 

Rohit Chopra 

Rebecca Kelly Slaughter 

Christine S. Wilson 

In the Matter of 

HEALTH RESEARCH LABORATORIES, LLC, 

a limited liability company, 

WHOLE BODY SUPPLEMENTS, LLC, 

a limited liability company, and 

KRAMER DUHON, 

individually and as an officer of 

HEALTH RESEARCH LABORATORIES, LLC 

and WHOLE BODY SUPPLEMENTS, LLC. 

DOCKET NO. 9397 

[PROPOSED] ORDER GRANTING 

EXPEDITED MOTION TO EXTEND COMPLAINT COUNSEL’S REPLY DATE 

Complaint Counsel have requested an extension of time to file their reply to 

Respondents’ Opposition to Summary Disposition and Reply Findings of Fact, Conclusions of 

Law, and Brief (Sept. 10, 2021). See Expedited Motion to Extend Complaint Counsel’s Reply 

Date (Sept. 13, 2021). Rule of Practice 4.3(b) provides the Commission may extend time limits 

prescribed in Commission rules or an order “for good cause shown.” 16 C.F.R. § 4.3(b). We 

find Complaint Counsel have demonstrated good cause for extending the date for filing their 

reply to October 8, 2021 because the original briefing schedule did not anticipate that 
 

 

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Respondents’ Opposition would include numerous new legal arguments and factual claims 

requiring a more thorough submission than a brief reply. Accordingly, 

IT IS HEREBY ORDERED that the Expedited Motion to Extend Complaint Counsel’s 

Reply Date to October 8, 2021 is GRANTED. 

By the Commission. 

April J. Tabor 

Secretary 

SEAL: 

ISSUED: 

2