Simeon Management Corporation
Volume 86 · 86 F.T.C. 895
health claimsdeceptive advertising
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Simeon Management Corporation, 86 F.T.C. 895 (1975). Consumer Law Library, https://consumerlawlibrary.org/decisions/v086-0103
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IN THE MATTER OF SIMEON MANAGEMENT CORPORATION, ET AL.
Docket 8996. Order, Oct. , 1975 Denial of request by individual respondent Darrel P. Simpson that initial decision be set aside as to him, but without prejudice to his filing a motion with supporting affidavit no later than Nov. 24, 1975.
Appearances For the Commission: Alfred Lindem,an and Paul D. Hodge. For the respondents: Marvin Gross, Grayson and Gross, Inc. Los Angeles, Calif. for Simeon Management Corporation pro se for Medical Weight Loss, Inc. Robert M. Aran for Darrel P. Simpson David L. Cunningham Sausalito, Calif. for Bariatric Medical Clinics Management Corporation Leo Shaw San Diego, Calif. for Weight Reduction Medical Clinic and Josef D. Cooper, Cooper aud Scarpulla San Francisco, Calif. for C.M. N oreal, Inc., BCG Weight Clinics Foundation Peter J. Marengo, III and Joseph Costa.
ORDER DENYING WITHOUT PREJUDICE REQUEST To SET ASIDE INITIAL DECISION AS TO ONE RESPONDENT On Jan. 7, 1975, the administrative law judge filed an initial decision as to three respondents, J. WilJam Byrd, Medical Weight Loss, Inc. and Darrel P. Simpson. The decision was predicated on their failure to answer the complaint. On Mar. 7, 1975, the Commission stayed the effective date of the initial decision as to the three respondents until further order of the Commission. I By letters to Charles A. Tohin dated Feh. 25, 1975, and Mar. 13, 1975 counsel for respondent Simpson asserted that Mr. Simpson had not been served with the complaint and that, at the time he was served , The law judge fied an initial dpcision as lo the rem"ininjl respondents on Junp IH, 1975. Respondent" and complaint wunsel have filed ero8s-appe..l" from lhe8econd initialdeci"i"n and oral arjlumeTlt has been schpduled for Oct. 9, 1975.
Order 86 F .
with the first initial decision, he was totally unaware of the contents of the complaint.
Unsworn, second-hand allegations, however, do not warrant the setting aside of an initial decision. Accordingly, It is ordered That respondent Simpson s request that the initial decision, filed on Jan. 7, 1975, be set aside as to him, be, and it hereby is denied without prejudice to the filing of a motion, accompanied by an affidavit by Mr. Simpson, in support of the motion, no later than Nov. , 1975.