FEDERAL TRADE COMMISSION | OFFICE OF THE SECRETARY | FILED 4/26/2021 | OSCAR NO. 601273 | Page 1 of 4 | PUBLIC

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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 

KRAMER DUHON, 

individually and as an officer of HEALTH 

RESEARCH LABORATORIES, LLC and 

WHOLE BODY SUPPLEMENTS, LLC 

DOCKET NO. 9397 

RESPONSE TO MOTION TO WITHDRAW EXPEDITED MOTION TO 

RESCHEDULE EVIDENTIARY HEARING DATE AND REQUEST FOR SCHEDULE 

Respondents do not oppose Complaint Counsel’s withdrawal of the motion to 

reschedule the evidentiary hearing, but, for the reasons set forth below, Respondents seek 

an alternative briefing schedule that clearly defines what can be filed and proposes a 

slightly more expedited schedule than the one proposed by Complaint Counsel. 

Brief Response 

Complaint Counsel’s current briefing schedule proposes that Complaint Counsel 

files a brief and proposed order, Respondents file a response brief and proposed order, 

and then Complaint Counsel files a reply. It is unclear whether a reply would be 

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permitted under these circumstances,1 but Respondents have no objection to Complaint 

Counsel filing a reply as long as Respondents have the opportunity to file a short surreply. In addition, because the Commission is required to issue its final decision based 

solely on the facts alleged in the complaint,2 the submissions should be limited to 

proposed findings of fact based on the allegations in the Complaint and legal briefing. 

Respondents propose the following schedule: 

May 28, 2021 Deadline for Complaint Counsel to file legal briefing and 

proposed Order with the Commission. Submission is limited to 

proposed findings of fact based on allegations in the Complaint, 

and legal briefing and arguments. 

June 21, 2021 Deadline for Respondents to file legal briefing and proposed 

Order with the Commission. Submission is limited to proposed 

findings of fact based on allegations in the Complaint, and legal 

briefing and arguments. 

July 16, 2021 Deadline for Complaint Counsel to file a reply. Reply shall be 

limited to 2,500 words and limited to responding to 

Respondents’ Response. 

July 30, 2021 Deadline for Respondents to file a sur-reply. Sur-Reply shall be 

limited to 2,500 words and limited to responding to Complaint 

Counsel’s Reply. 

1 FTC Rule 3.22(d) states in pertinent part: “Reply and surreply briefs to motions other than dispositive 

motions shall be permitted only in circumstances where the parties wish to draw the Administrative Law 

Judge's or the Commission's attention to recent important developments or controlling authority that could 

not have been raised earlier in the party's principal brief.” 16 C.F.R. § 3.22(d). 

2 See ALJ Chappell’s April 20, 2021 Order Granting in Part and Denying in part Respondents’ Motion to 

Enter New Scheduling Order or, in the alternative, to Transfer Case to Commission, pg. 4; see also 74 Fed. 

Reg. 1804, 1808 (Jan. 13, 2009) (“Commission would issue a final decision on the basis of the facts alleged 

in the complaint.”) 

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Complaint counsel opposes this schedule. However, considering that the original 

schedule called for the hearing to occur on July 13, 2021, this schedule is fairly close to 

the original hearing schedule. 

Dated: April 26, 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 SERVICE 

I hereby certify that on April 26, 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.gov 

COMPLAINT COUNSEL 

Elizabeth Averill 

eaverill@ftc.gov 

Jonathan Cohen 

jcohen2@ftc.gov 

/s/ Joel W. Reese 

Joel W. Reese 

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