Ecm Biofilms, Inc

Text (OCR of the scan; may contain errors)

ECM BIOFILMS, INC.

Docket No. 9358. Order, February 25, 2015. Commission order approving a 2,500-word extension of the word count limitation for both respondent’s and complaint counsel’s appeal briefs.

COMMISSION ORDER EXTENDING WORD COUNT LIMITATION

On February 24, 2015, the parties filed a Joint Motion for Extension of Word Count Limitation, pursuant to Commission Rules 3.52(c)(2) and 3.52(k). The Joint Motion requests a 2,500word extension of the limits for opening and answering appeals briefs, for a limit of 16,500 words each. The parties maintain that Interlocutory Orders, Etc. in view of the magnitude and technical complexity of the record, undue prejudice will result from the existing word limits. Commission Rule 3.52(k) provides that “[e]extensions of word count limitations are disfavored, and will only be granted where a party can make a strong showing that undue prejudice would result from complying with the existing limit.” Under the circumstances described by the parties, an extension of the word count limitations is appropriate. Accordingly,

IT IS ORDERED THAT the parties will be permitted to file opening and answering appeals briefs not to exceed 16,500 words in each brief; and

IT IS FURTHER ORDERED THAT the appeals briefs filed in this matter shall in all other respects conform to the requirements of Commission Rule 3.52, 16 C.F.R. § 3.52. By the Commission.