Health Research Laboratories, LLC.
Volume 172 · 172 F.T.C. 301
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Health Research Laboratories, LLC., 172 F.T.C. 301 (2021). Consumer Law Library, https://consumerlawlibrary.org/decisions/v172-0019
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IN THE MATTER OF HEALTH RESEARCH LABORATORIES, LLC., WHOLE BODY SUPPLEMENTS, LLC., AND KRAMER DUHON Docket No. 9397. Order, September 17, 2021 Order extending the date for Complaint Counsel’s reply in support of summary decision. ORDER EXTENDING COMPLAINT COUNSEL’S REPLY DATE On September 13, 2021, Complaint Counsel filed an expedited motion asking the Commission to extend until October 8, 2021, the deadline for Complaint Counsel to file their reply in support of summary decision. Complaint Counsel argue that Respondents, in Respondents’ Opposition to Summary Disposition and Reply Findings of Fact, Conclusions of Law, and Brief (Sept. 10, 2021), have asserted a host of new facts and for the first time have articulated a very narrow interpretation of their Rule 3.12(b)(2) admissions. Complaint Counsel assert that it would not be possible to prepare a thorough response to Respondents’ new factual and legal claims by the original reply date of September 20, 2021. Respondents, in turn, argue that Complaint Counsel have not “demonstrated” good cause for an extension, as they did not provide any affidavits or evidence or cite other commitments that would interfere with the completion of the reply. Respondents’ Response to Complaint Counsel’s Expedited Motion to Extend Complaint Counsel’s Reply Date at 2 (Sept. 17, 2021).
Affidavits and extrinsic evidence, however, are not necessary. Complaint Counsel have explained with sufficient specificity that, because they must address Respondents’ new position that disputes a number of central allegations in the Complaint—a position Respondents chose not to articulate when presented with opportunities to do so earlier—the short timeframe for a reply is insufficient. Pursuant to Commission Rule 4.3(b), 16 C.F.R. § 4.3(b), we have determined that good cause exists to extend the deadline for Complaint Counsel’s submission. Accordingly, IT IS HEREBY ORDERED that Complaint Counsel’s reply in support of summary decision shall be due on October 8, 2021.
By the Commission.
VOLUME 172 Interlocutory Orders, Etc.