PUBLIC 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF THE ADMINISTRATIVE LAW JUDGES 

In the Matter of 

HEALTH RESEARCH LABORATORIES, LLC, 

a limited liability company, 

DOCKET NO. 9397 

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 

EXPEDITED MOTION TO ENTER NEW SCHEDULING ORDER OR, 

IN THE ALTERNATIVE, TRANSFER CASE TO THE COMMISSION 

Respondents request that, on an expedited basis, the ALJ enter a new scheduling 

order that will allow the parties to efficiently end this case without further delays or, in 

the alternative, the ALJ transfer the case to the Commission for issuance of a final 

decision. 

I. Summary

With the filing of the Amended Answer that admits all material facts, this case has 

changed significantly. The Complaint and the Answer form the record for this case and 

make the case ripe for a decision by the ALJ and by the Commission. Respondents 

request that the ALJ issue an Amended Scheduling Order in the form attached as Exhibit 

A that allows for the immediate and efficient resolution of this case. 

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II. Brief Statement of Facts 

 On March 10, 2021, the ALJ granted Respondents’ Motion for Leave to Amend 

the Answer. Respondents filed their amended answer on March 30, 2021. On March 12, 

2021, the ALJ issued its Order denying Complaint Counsel’s Motion to Amend the 

Complaint. As noted in the March 12, 2021 Order, the filing of the answer constitutes “a 

waiver of the hearings as to the facts alleged in the complaint, and together with the 

complaint will provide a record basis on which the Commission shall issue a final decision 

containing appropriate findings and conclusions and a final order disposing of the 

proceeding.” Consequently, we now have a record on which the Commission can issue a 

final decision. It is not necessary for the parties to waste time and money conducting 

further discovery or creating unnecessary expert reports. It is time for a final resolution 

of this case. 

III. Argument 

 The Commission has a “strong interest in resolving proceedings expeditiously.” 

See In the Matter of Louisiana Real Estate Appraisers Board, Docket No. 9374, 2018 WL 

218323, at *3 (Apr. 26, 2018); See also Rule 3.1 (“[T]he Commission's policy is to 

conduct [adjudicative] proceedings expeditiously.”); Rule 3.41(b) (“Hearings shall 

proceed with all reasonable expedition ....”); Rules of Practice Amendments, 61 Fed. Reg. 

50,640 (FTC Sept. 26, 1996) (“[A]djudicative proceedings shall be conducted 

expeditiously and ... litigants shall make every effort to avoid delay at each stage of a 

proceeding.”). To abide by this policy, this case should be decided now rather than in 

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four to six months. As set forth in the proposed Scheduling Order, Respondents request 

that the ALJ set deadlines for the parties to submit proposed findings of fact, proposed 

conclusions of law, and legal briefing. In the alternative, Respondents request that the 

ALJ transfer this matter to the Commission for a final decision on this matter. 

PRAYER 

 Respondents request that, on an expedited basis, the ALJ enter an Amended 

Scheduling Order in the form attached as Exhibit A or, in the alternative, transfer this 

case to the Commission for final decision. 

Dated: March 31, 2021 Respectfully submitted, 

REESE MARKETOS LLP 

By: /s/ Joel W. Reese 

Joel W. Reese 

Texas Bar No. 00788258 

joel.reese@rm-firm.com 

Joshua M. Russ 

Texas Bar No. 24074990 

josh.russ@rm-firm.com 

750 N. Saint Paul St., Suite 600 

Dallas, TX 75201-3201 

Telephone: (214) 382-9810 

Facsimile: (214) 501-0731 

 ATTORNEYS FOR RESPONDENTS 

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CERTIFICATE OF COMPLIANCE 

Pursuant to Paragraph 4 of the Court’s December 14, 2020 Scheduling Order, the 

undersigned counsel represents that, on March 31, 2021, I conferred with Complaint 

Counsel regarding the issues presented by this motion. Complaint Counsel told me that 

they not opposed to having the ALJ issue an initial decision, but that Complaint Counsel 

does not think that the initial decision should occur sooner than the date originally set by 

the ALJ. In fact, Complaint Counsel informed me that they want to extend the hearing 

date and extend at some of the deadlines. Complaint Counsel does oppose transferring 

the case to the Commission for final decision. 

 /s/ Joel W. Reese 

 Joel W. Reese 

CERTIFICATE OF SERVICE 

I hereby certify that on March 31, 2021, I filed the foregoing document 

electronically using the FTC’s E-Filing system, which will send notification to: 

April J. Tabor The Honorable D. Michael Chappell 

Acting Secretary Administrative Law Judge 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-113 600 Pennsylvania Ave., NW, Rm. H-110 

Washington, DC 20580 Washington, DC 20580 

ElectronicFilings@ftc.gov email: oalj@ftc.com

COMPLAINT COUNSEL 

Elizabeth Averill 

eaverill@ftc.gov 

Jonathan Cohen 

jcohen2@ftc.gov 

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 /s/ Joel W. Reese 

 Joel W. Reese 

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EXHIBIT A 

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UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES

__________________________________________ 

 ) 

In the Matter of ) 

 ) 

Health Research Laboratories, LLC, ) 

 a limited liability company, ) Docket No. 9397 

 ) 

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, ) 

 ) 

 Respondents. ) 

__________________________________________) 

[PROPOSED] AMENDED SCHEDULING ORDER 

PASSED - All deadlines for pleadings, discovery, motions for summary 

judgment, experts and other matters are closed for purposes of the 

initial decision. 

April 29, 2021 - Complaint Counsel files proposed findings of fact, conclusions of 

law, and brief supported by legal authority. 

May 14, 2021 - Respondents’ Counsel files proposed findings of fact, conclusions 

of law, and brief supported by legal authority, as well as any 

objections to Complaint Counsel’s proposed findings of fact and 

conclusions of law. 

May 28, 2021 Complaint Counsel may respond to any legal issue on which 

Respondents’ Counsel has requested a determination. 

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ADDITIONAL PROVISIONS 

1. For all papers that are required to be filed with the Office of the Secretary, the 

parties shall provide a courtesy copy to the Administrative Law Judge by electronic mail to the 

following email address: oalj@ftc.gov. The courtesy copy should be transmitted at or shortly 

after the time of any electronic filing with the Office of the Secretary. Courtesy copies must be 

transmitted to Office of the Administrative Law Judge directly, and the FTC E-filing system 

shall not be used for this purpose. The oalj@ftc.gov email account is to be used only for 

courtesy copies of pleadings filed with the Office of the Secretary and for documents specifically 

requested of the parties by the Office of Administrative Law Judges. Certificates of service for 

any pleading shall not include the OALJ email address, or the email address of any OALJ 

personnel, including the Chief ALJ, but rather shall designate only 600 Pennsylvania Ave., NW, 

Rm. H-110 as the place of service. The subject line of all electronic submissions to 

oalj@ftc.gov shall set forth the docket number, an abbreviated case name, and the title of 

the submission (e.g., “No. 1234: Acme Corp – Motion to Extend”). The parties are not 

required to provide a courtesy copy to the OALJ in hard copy, except upon request. In any 

instance in which a courtesy copy of a pleading for the Administrative Law Judge cannot be 

effectuated by electronic mail, counsel shall hand deliver a hard copy to the Office of 

Administrative Law Judges. Discovery requests and discovery responses shall not be submitted 

to the Office of Administrative Law Judges. 

2. The parties shall serve each other by electronic mail and shall include “Docket 

9397” in the re: line and all attached documents in .pdf format. In the event that service through 

electronic mail is not possible, the parties may serve each other through any method authorized 

under the Commission’s Rules of Practice. 

 

3. Each pleading that cites to unpublished opinions or opinions not available on 

LEXIS or WESTLAW shall include such copies as exhibits. 

4. Each motion (other than a motion to dismiss, motion for summary decision, or 

a motion for in camera treatment) shall be accompanied by a separate signed statement 

representing that counsel for the moving party has conferred with opposing counsel in an effort 

in good faith to resolve by agreement the issues raised by the motion and has been unable to 

reach such an agreement. In addition, pursuant to Rule 3.22(g), for each motion to quash filed 

pursuant to § 3.34(c), each motion to compel or determine sufficiency pursuant to § 3.38(a), or 

each motion for sanctions pursuant to § 3.38(b), the required signed statement must also “recite 

the date, time, and place of each . . . conference between counsel, and the names of all parties 

participating in each such conference.” Motions that fail to include such separate statement may 

be denied on that ground. 

5. Rule 3.22(c) states: 

All written motions shall state the particular order, ruling, or action desired and the 

grounds therefor. Memoranda in support of, or in opposition to, any dispositive motion 

shall not exceed 10,000 words. Memoranda in support of, or in opposition to, any other 

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motion shall not exceed 2,500 words. Any reply in support of a dispositive motion shall 

not exceed 5,000 words and any reply in support of any other motion authorized by the 

Administrative Law Judge or the Commission shall not exceed 1,250 words. 

If a party chooses to submit a motion without a separate memorandum, the word count limits of 

3.22(c) apply to the motion. If a party chooses to submit a motion with a separate memorandum, 

absent prior approval of the ALJ, the motion shall be limited to 750 words, and the word count 

limits of 3.22(c) apply to the memorandum in support of the motion. This provision applies to 

all motions filed with the Administrative Law Judge, including those filed under Rule 3.38. 

6. If papers filed with the Office of the Secretary contain in camera or confidential 

material, the filing party shall mark any such material in the complete version of their submission 

with {bold font and braces}. 16 C.F.R. § 3.45(e). Parties shall be aware of the rules for filings 

containing such information, including 16 C.F.R. § 4.2. 

 

7. Each party is limited to 50 document requests, including all discrete subparts; 

25 interrogatories, including all discrete subparts; and 50 requests for admissions, including all 

discrete subparts, except that there shall be no limit on the number of requests for admission for 

authentication and admissibility of exhibits. Any single interrogatory inquiring as to a request 

for admissions response may address only a single such response. There is no limit to the 

number of sets of discovery requests the parties may issue, so long as the total number of each 

type of discovery request, including all subparts, does not exceed these limits. Within seven 

days of service of a document request, the parties shall confer about the format for the 

production of electronically stored information. 

8. Compliance with the scheduled end of discovery requires that the parties serve 

subpoenas and discovery requests sufficiently in advance of the discovery cut-off and that all 

responses and objections will be due on or before that date, unless otherwise noted. Any motion 

to compel responses to discovery requests shall be filed within 30 days of service of the 

responses and/or objections to the discovery requests or within 20 days after the close of 

discovery, whichever first occurs; except that, where the parties have been engaging in 

negotiations over a discovery dispute, the deadline for the motion to compel shall be within 5 

days of reaching an impasse. 

9. The deposition of any person may be recorded by video, provided that the 

deposing party notifies the deponent and all parties of its intention to record the deposition by 

video at least five days in advance of the deposition. The parties shall work in good faith, in 

light of the public-health emergency, to develop appropriate protocols for remote depositions. 

No deposition, whether recorded by video or otherwise, may exceed a single, seven-hour day, 

unless otherwise agreed to by the parties or ordered by the Administrative Law Judge. 

10. The parties shall serve upon one another, at the time of issuance, copies of all 

subpoenas duces tecum and subpoenas ad testificandum. For subpoenas ad testificandum, the 

party seeking the deposition shall consult with the other parties before the time and place of the 

deposition is scheduled. The parties need not separately notice the deposition of a non-party 

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noticed by an opposing party. If both sides notice any non-party fact deposition, the time and 

allocation for the deposition shall be divided evenly between them. For any non-party deposition 

noticed by only one side, the non-noticing side shall be allocated one and a half hours of 

deposition time for cross or re-cross testimony. Unused time in any side’s allocation of 

deposition time may be used by the other side. 

11. Non-parties shall provide copies or make available for inspection and copying 

of documents requested by subpoena to the party issuing the subpoena. The party that has 

requested documents from non-parties shall provide copies of the documents received from nonparties to the opposing party within 3 business days of receiving the documents. No deposition 

of a non-party shall be scheduled between the time a non-party provides documents in response 

to a subpoena duces tecum to a party, and 3 business days after the party provides those 

documents to the other party, unless a shorter time is required by unforeseen logistical issues in 

scheduling the deposition, or a non-party produces those documents at the time of the deposition, 

as agreed to by all parties involved. 

12. If a party intends to offer confidential materials of an opposing party or nonparty as evidence at the hearing, in providing notice to such non-party, the parties are required to 

inform each non-party of the strict standards for motions for in camera treatment for evidence to 

be introduced at trial set forth in 16 C.F.R. § 3.45, explained In re Otto Bock Healthcare N. Am., 

2018 WL 3491602 at *1 (July 2, 2018); and In re 1-800 Contacts, Inc., 2017 FTC LEXIS 55 

(Apr. 4, 2017). Motions also must be supported by a declaration or affidavit by a person 

qualified to explain the confidential nature of the documents. In re 1-800 Contacts, Inc., 2017 

FTC LEXIS 55 (Apr. 4, 2017); In re North Texas Specialty Physicians, 2004 FTC LEXIS 66 

(Apr. 23, 2004). Each party or non-party that files a motion for in camera treatment shall 

provide one copy of the documents for which in camera treatment is sought to the 

Administrative Law Judge. 

13. Motions in limine are strongly discouraged. Motion in limine refers “to any 

motion, whether made before or during trial, to exclude anticipated prejudicial evidence before 

the evidence is actually offered.” In re Daniel Chapter One, 2009 FTC LEXIS 85, *18-20 (Apr. 

20, 2009) (citing Luce v. United States, 469 U.S. 38, 40 n.2 (1984)). Evidence should be 

excluded in advance of trial on a motion in limine only when the evidence is clearly inadmissible 

on all potential grounds. Id. (citing Hawthorne Partners v. AT&T Technologies, Inc., 831 F. 

Supp. 1398, 1400 (N.D. Ill. 1993); Sec. Exch. Comm’n v. U.S. Environmental, Inc., 2002 U.S. 

Dist. LEXIS 19701, at *5-6 (S.D.N.Y. Oct. 16, 2002)). Moreover, the risk of prejudice from 

giving undue weight to marginally relevant evidence is minimal in a bench trial such as this 

where the judge is capable of assigning appropriate weight to evidence. 

14. The final witness lists shall represent counsel’s good faith designation of all 

potential witnesses who counsel reasonably expect may be called in their case-in-chief. Parties 

shall notify the opposing party promptly of changes in witness lists to facilitate completion of 

discovery within the dates of the scheduling order. The final proposed witness list may not 

include additional witnesses not listed in the preliminary or supplemental witness lists previously 

exchanged unless by consent of all parties, or, if the parties do not consent, by an order of the 

Administrative Law Judge upon a showing of good cause. 

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15. If any party wishes to offer a rebuttal witness other than a rebuttal expert, the 

party shall file a request in writing in the form of a motion to request a rebuttal witness. That 

motion shall be filed as soon as possible after the testimony sought to be rebutted is known and 

shall include: (a) the name of any witness being proposed (b) a detailed description of the 

rebuttal evidence being offered; (c) citations to the record, by page and line number, to the 

evidence that the party intends to rebut; and shall demonstrate that the witness the party seeks to 

call has previously been designated on its witness list or adequately explain why the requested 

witness was not designated on its witness list. 

16. Witnesses shall not testify to a matter unless evidence is introduced sufficient 

to support a finding that the witness has personal knowledge of the matter. F.R.E. 602. 

17. Witnesses not properly designated as expert witnesses shall not provide 

opinions beyond what is allowed in F.R.E. 701. 

18. The parties are required to comply with Rule 3.31A and with the following: 

(a) At the time an expert is first listed as a witness by a party, that party shall 

provide to the other party: 

 (i) materials fully describing or identifying the background and qualifications of the 

expert, all publications authored by the expert within the preceding ten years, and all prior cases 

in which the expert has testified or has been deposed within the preceding four years; and 

 (ii) transcripts of such testimony in the possession, custody, or control of the producing 

party or the expert, except that transcript sections that are under seal in a separate proceeding 

need not be produced. 

(b) At the time an expert report is produced, the producing party shall provide to the 

other party all documents and other written materials relied upon by the expert in formulating an 

opinion in this case, subject to the provisions of 19(g), except that documents and materials 

already produced in the case need only be listed by Bates number. 

 (c) It shall be the responsibility of a party designating an expert witness to ensure that the 

expert witness is reasonably available for deposition in keeping with this Scheduling Order. 

Unless otherwise agreed to by the parties or ordered by the Administrative Law Judge, expert 

witnesses shall be deposed only once and each expert deposition shall be limited to one day for 

seven hours. 

 (d) Each expert report shall include a complete statement of all opinions to be expressed 

and the basis and reasons therefor; the data or other information relied on by the expert in 

forming the opinions; any exhibits to be used as a summary of or support for the opinions; the 

qualifications of the expert; and the compensation to be paid for the study and testimony. 

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(e) A party may not discover facts known or opinions held by an expert who has been 

retained or specially employed by another party in anticipation of this litigation or preparation 

for hearing and who is not designated by a party as a testifying witness. 

(f) At the time of service of the expert reports, a party shall provide opposing counsel: 

 (i) a list of all commercially-available computer programs used by the expert in the 

preparation of the report; 

 (ii) a copy of all data sets used by the expert, in native file format and processed data 

file format; and 

 (iii) all customized computer programs used by the expert in the preparation of the 

report or necessary to replicate the findings on which the expert report is based. 

(g) Experts’ disclosures and reports shall comply in all respects with Rule 3.31A, except 

that neither side must preserve or disclose: 

 (i) any form of communication or work product shared between any of the parties’ 

counsel and their expert(s), or between any of the experts themselves; 

 (ii) any form of communication or work product shared between an expert(s) 

and persons assisting the expert(s); 

 (iii) expert’s notes, unless they constitute the only record of a fact or an assumption 

relied upon by the expert in formulating an opinion in this case; 

 (iv) drafts of expert reports, analyses, or other work product; or 

 (v) data formulations, data runs, data analyses, or any database-related operations not 

relied upon by the expert in the opinions contained in his or her final report. 

19. If the expert reports prepared for either party contain confidential information 

that has been granted in camera treatment, the party shall prepare two versions of its expert 

report(s) in accordance with 16 C.F.R. § 3.45(e). 

20. An expert witness’ testimony is limited to opinions contained in the expert 

report that has been previously and properly provided to the opposing party. In addition, no 

opinion will be considered, even if included in an expert report, if the underlying and supporting 

documents and information have not been properly provided to the opposing party. Unless an 

expert witness is qualified as a fact witness, an expert witness is only allowed to provide opinion 

testimony; expert testimony is not considered for the purpose of establishing the underlying facts 

of the case. 

21. The final exhibit lists shall represent counsel’s good faith designation of all 

trial exhibits other than demonstrative, illustrative, or summary exhibits. Additional exhibits 

may be added after the submission of the final lists only by consent of all parties, or, if the 

parties do not consent, by an order of the Administrative Law Judge upon a showing of good 

cause. 

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22. Properly admitted deposition testimony and properly admitted investigational 

hearing transcripts are part of the record and shall not be read in open court to provide that 

testimony, but may be used in the examination of live witnesses. Video recorded deposition 

excerpts that have been admitted in evidence may be presented in open court only upon prior 

approval by the Administrative Law Judge. 

 

23. The parties shall provide to one another, and to the Administrative Law Judge 

and the court reporter, no later than 48 hours in advance, not including weekends and holidays, a

list of all witnesses to be called on each day of hearing, subject to possible delays or unforeseen 

circumstances. 

24. The parties shall provide one another with copies of any demonstrative, 

illustrative or summary exhibits (other than those prepared for cross-examination) 24 hours 

before they are used with a witness. 

25. Complaint Counsel’s exhibits shall bear the designation PX and Respondents’ 

exhibits shall bear the designation RX or some other appropriate designation. Complaint 

Counsel’s demonstrative exhibits shall bear the designation PXD and Respondents’ 

demonstrative exhibits shall bear the designation RXD or some other appropriate designation. 

If demonstrative exhibits are used with a witness, the exhibit will be marked and referred to for 

identification only. Any demonstrative exhibits referred to by any witness may be included in 

the trial record, but they are not part of the evidentiary record and may not be cited to support 

any disputed fact. Both sides shall number the first page of each exhibit with a single series of 

consecutive numbers. When an exhibit consists of more than one piece of paper, each page of 

the exhibit must bear a consecutive control number or some other consecutive page number. 

Additionally, parties must account for all their respective exhibit numbers. Any number not 

actually used at the hearing shall be designated “intentionally not used.” 

26. At the final prehearing conference, counsel will be required to introduce all 

exhibits they intend to introduce at trial and to provide the exhibits to the court reporter. The 

parties shall confer and shall eliminate duplicative exhibits in advance of the final prehearing 

conference and, if necessary, during trial. For example, if PX100 and RX200 are different 

copies of the same document, only one of those documents shall be offered into evidence. The 

parties shall agree in advance as to which exhibit number they intend to use. Counsel shall 

contact the court reporter regarding submission of exhibits. 

ORDERED: __________________________________ 

 D. Michael Chappell 

 Chief Administrative Law Judge 

Date: April _____, 2021 

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