Simeon Management Corporation
Volume 86 · 86 F.T.C. 1569
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Simeon Management Corporation, 86 F.T.C. 1569 (1975). Consumer Law Library, https://consumerlawlibrary.org/decisions/v086-0175
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IN THE MATTER. OF SIMEON MANAGEMENT CORPORATION, ET AL.
Docket 89.96. Order, Dec. , 1975 Affdavit of respondent Darrel P. .Simpson treated as . motion to reopen default decision and ma.tterremanded toadmini"trativelaw judge for a hearing and determination of the motion.
Appeararues For the Commission: Alfred Lindeman and Paul D, Hodge. For the respondents: Marvin Gross, Grayson Gross, Inc. Los Angeles, Calif. for Simeon Management Corporation and Simeons Weight Clinics Foundation. 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 Harvey J. Lobelson. Josef D. Cooper, Cooper and Scarpulla San Francisco, Calif. for C.M. Norcal, Inc., HCG Weight Clinics Foundation, Peter J, Marengo III and Joseph Costa. ORDER REMANDING MATIER TO ADMINISTRATIVE LAW JUDGE As TO ONE RESPONDENT On Jan. 7, 1975, the administrative law judge fied an initial decision as to three respondents, J. Wiliam Byrd, Medical Weight Loss, Inc. and Darrel P. Simpson, The decision was predicated on their failure to answer the complaint.' By letters to Charles A. Tobin dated Feb. 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 with the Jan. 7, 1975 initial decision, he was unaware ofthe contents ofthe complaint.
On Oct. 7, 1975, the Commission denied Mr, Simpson s request without prejudice to the submission of a motion supported by an affidavit by Mr. Simpson. Mr. Simpson has now fied an affdavit and upon consideration of the affidavits of Mr. Simpson and Alfred Lindeman, Esq., complaint counsel It is ordered That the aforesaid affdavit of Darrel P. Simpson be treated as a motion to reopen the default decision entered in this matter;
It is further ordered That this matter be remanded to the administrative law judge as to respondent Simpson for a hearing and determination ofthe aforesaid motion.
1 The law judge fied an initial decision as to the remaining rtspondents on JUlle 18, 1975. The Commission heard oral argument on responden ' and complaint coufI!;I' g eTOss.appeal.. on Oct. 9, 1975. Order H6 F.