040812reqforenlargetime

UNITED STATES OF AMERICA BEFORE FEDERAL TRADE COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES In the Matter of BASIC RESEARCH, L.L.C, A.G. WATERHOUSE, L.L.C., KLEW-BECICER USA, L.L.C., NUTRASPORT, L.L.C., SOVAGE DERMALOGIC LABORATORIES, L.L.C., d/b/a BASIC RESEARCH, L.L.C., OLD BASIC RESEARCH, L.L.C., BASIC RESEARCH, A.G. WATERHOUSE, BAN, L.L.C., d/b/a IUEIN-BECICER USA, NUTRA SPORT, and SOVAGE DERMALOGIC LABORATORIES, DENNIS GAY, DANIEL B. MOWREY, d/b/a AMERICAN PHYTOTHERAPY RESEARCH LABORATORY, and MITCHELL K. FRIEDLANDER ) ) ) DOCKETNO. 9318 , REOUEST FOR ENLARGEMENT OF TIME Respondents Basic Research, LLC, A.G. Waterhouse, LLC, Klein-Beclcer USA, LLC, Nut~asporl, LLC, Sovage Dermalogic Laboratories, LLC, Ban, LLC, Dennis Gay, Daniel B. Mowrey, Pl1.D and Mitchell I<. Friedlander (collectively "Respondents"), hereby file this Request for Enlargement of Time to respond to Complaint Counsel's First Set of Interrogatories, and in support thereof state as follows. DOCKET NO. 9318 1. On June 25, 2004, pursuant to Rule of Practice 3.35, Complaint Counsel served its First Set of Interrogatories ("First Interrogatories"). Respondents were given tllirty (30) days to respond. 2. Complaint Co~u~sel later agreed to extend the deadline for response to August 12, 2004. Accordingly, on July 16, 2004, Respondents filed a Request for Eillargement of Time, which was granted by the Admillistrative Law Judge on July 22, 2004. The responses are currently due 011 August 12,2004. 3. Unfortunately, there are two storm systems that are due to hit Florida within the next 24 hours: (1) Tropical Storm Bonnie, which will affect the western coast of Florida tlxough Panama City and up through Georgia; and (2) Hurricane Charley, whicl~ will affect parts of the Florida Keys up through Naples, Tampa and Clearwater. 4. These storm systems have required lead counsel, Jeffrey Feldman, to travel from Miami, Florida to Naples, Florida. As such, he is unable to review the interrogatory responses prior to the August 12,2004 deadline. 5. Pursuant to Rule of Practice 3.35, the Admhlistrative Law Judge may allow shorter or longer time to respond to the Interrogatories. Similarly, under Rule of Practice 4.3, the Administrative Law Judge may extend any time limit prescribed or allowed by the Rules. 6. Under the circumstances, Respondents respectfully request a brief extension (two bushess days) up to and including Monday, August 16,2004, to file their Responses to the First Interrogatories. 7. On August 12,2004, Mr. Feldman contacted Complaint Counsel, Laureen Kapin, to discuss the relief sought in tllis Request. Complaint Counsel had no objection to the requested enlargement and has stipulated that the extension will apply to all Respondents. DOCKET NO. 9318 8. A proposed order is attached hereto for the Court's convenience. Respectfully submitted, JeMey D. Feldman Gregory L. Hillyer Cluistopher P. Demetriades FeldinanGale, P.A. Miami Center, 19" Floor 201 South Biscayne Blvd. Miami, Florida 33 13 1 Tel: (305) 358-5001 Fax: (305) 358-3309 Attorneys for Respondents Basic Research, LLC, A.G. Waterhouse, LLC, Klein-Becker USA, LLC, Nutrasport, LLC, Savage Dermalogic.Laboratories, LLC and Ban, LLC DOCKET NO. 9318 CERTIFICATE OF SERVICE I IIEREBY CERTIFY that a true and correct copy of the foregoing was provided to the following parties this 12th day of August, 2004 as follows: (1) One (1) original and one (1) copy by Federal Express to Donald S. Clark, Secretary, Federal Trade Conmission, Room H-159, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580; (2) One (1) electronic copy via e-mail attachment in Adobe@ ".pdf' format to the Secretary of the FTC at Secretary@,fic.gov; (3) Two (2) copies by U.S. Postal Service to Administrative Law Judge Stephen J. McGuire, Federal Trade Commission, Room H-104, 600 Pemsylvania Avenue N.W., Washington, D.C. 20580; (4) One (1) copy via e-mail attaclunent in dob be' ".pdf7 format to Commission Complaint Counsel, Laureen Kapin, Joshua S. Millard, and Laura Schneider, all care of !.kapin@,fic.gov, imillard@Xtc.gov; r~-icl~ardso~~@fic.gov; lsclu~eider@fic.nov with one (1) paper courtesy copy via U. S. Postal Service to Laureen Kapin, Bureau of Consumer Protection, Federal Trade Commission, Suite NJ-2122, 600 Pennsylvania Avenue, N.W., Washington, D.C., 20580; (5) One (I) copy via U. S. Postal Service to Elaine Kolish, Associate Director in the Bureau of Consumer Protection, Federal Trade Coinnussion, 600 Pennsylvania Avenue, N.W., Washington, D.C. 20580 (6) One (1) copy via United States Postal Service to Stephen Nagin, Esq., Nagin Gallop & Figueredo, 3225 Aviation Avenue, Suite 301, Miami, Florida 33 131. (7) One (1) copy via United States Postal Service to Richard Bu~bidge, Esq., Jefferson W. Gross, Esq. and Andrew J. Dymek, Esq., Burbidge & Mitchell, 215 South State Street, Suite 920, Salt Lake City, Utah 841 11, Counsel for Dennis Gay. (8) One (1) copy via United States Postal Service to Ronald F. Price, Esq., Peters Scofield Price, A Professional Corporation, 340 Broadway Centre, 11 1 East Broadway, Salt Lake City, Utah 841 11, Counsel for Daniel B. Mowrey. (9) One (1) copy via United States Postal Service to Mitchell K. Friedlander, 5742 West Harold Gatty Drive, Salt Lake City, Utah 841 11, Pro Se. DOCKET NO. 9318 CERTIFICATION FOR ELECTRONIC FILING I IJEREBY CERTIFY that the electronic version of the foregoing is a true and correct copy of the original document being iiled lhis same day of August 12,2004 via Federal Express with the Office of the Secretary, Room H-159, Federal Trade Commission, 600 Peimsylvania Avenue, N.W., Washington, D.C. 20580. UNITED STATES OF AMERICA BEFORE FEDERAL TRADE COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES In the Matter of BASIC RESEARCH, L.L.C, A.G. WATERHOUSE, L.L.C., KLEIN-BECKER USA, L.L.C., NUTRASPORT, L.L.C., SOVAGE DERMALOGIC LABOUTONES, L.L.C., d/b/a BASIC RESEARCH, L.L.C., OLD BASIC RESEARCH, L.L.C., BASIC RESEARCH, A.G. WATERHOUSE, BAN, L.L.C., d/b/a KLEIN-BECICER USA, NUTRA SPORT, and SOVAGE DERMALOGIC LABORATORIES, DENNIS GAY, DANIEL B. MOWREY, d/b/a AMERICAN PHYTOTHERAPY RESEARCH LABORATORY, and MITCHELL I<. FRIEDLANDER ) DOCKET NO. 9318 ORDER ON REOUEST FOR ENLARGEMENT OF TIME THIS CAUSE cane before the Administrative Law Judge on Respondents' Request for Enlargement of Tune to respond to Complaint Counsel's First Set of Interrogatories. Having carefully reviewed the Request for Enlargement and being othe~wise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Respondents' Request for Enlargement of Tine is hereby GRANTED. All Respondents sl~all have up to and including August 16,2004, to respond to Complaint Counsel's First Set of Interrogatories. DONE AND ORDERED this day of August, 2004. Stephen J. McGuire Administrative Law Judge Copies furnished to: All counsel of record