Daniel Chapter One and James Feijo

Text (OCR of the scan; may contain errors)

DANIEL CHAPTER ONE

AND

JAMES FEIJO

Docket No. 9329, Order, October 16, 2009 Order denying motion to reschedule the Oral Argument.

ORDER DENYING MOTION TO RESCHEDULE ORAL ARGUMENT

On October 13, 2009, the Commission issued a Notice scheduling the Oral Argument in this matter for Thursday, December 3, 2009, at 1 p.m. Complaint Counsel have now filed a Motion requesting that the Commission reschedule the Oral Argument to December 10, 2009 or a later date. Complaint Counsel advised in the Motion that Leonard L. Gordon, the Director of the Commission’s Northeast Regional Office, and Lead Complaint Counsel in this proceeding, will be out of the country for the ten days immediately preceding December 3, 2009. Complaint Counsel further advise that Respondents do not object to the Motion.

The Commission understands and is sympathetic to the timing concerns that Complaint Counsel cite in their Motion. However, the Motion does not indicate that Director Gordon’s absence from the United States for the ten days preceding December 3 will either prevent him from participating in the Oral Argument or prevent Complaint Counsel from adequately preparing for the Oral Argument. Moreover, Respondents’ Reply Brief must be filed by November 4, 2009, and, as a consequence of January 2009 revisions to in a number of the Commission Rules governing adjudicative proceedings in January of this year, Commission Rule 3.52(b)(2) now provides that the Commission “will schedule oral argument within 15 days after the deadline for the filing of any reply briefs.” 16 C.F.R. § 3.52(b)(2). While the revised Rules technically do not apply to this proceeding -- because the Administrative Complaint was issued last year¹ -- the 1 See generally Federal Trade Commission, Interim Final Rules With Request for Comment, 74 Fed. Reg. 1804 (January 13, 2009); see also Federal Trade Commission, Final Rule, 74 Fed. Reg. 20205 (May 1, 2009). Interlocutory Orders, Etc.

Commission has nevertheless determined to adhere as closely as possible to the post-briefing appellate timetables prescribed by the revised Rules. The Commission’s determination to designate December 3rd as the date for the Oral Argument derives from that objective and related considerations. Accordingly,

IT IS ORDERED that Complaint Counsel’s Unopposed Motion To Reschedule Oral Argument be, and it hereby is, denied.

By the Commission.

VOLUME 148

Interlocutory Orders, Etc.