UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION
OFFICE OF ADMINISTRATIVE LAW JUGES
) ) ) )
)
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., SOY AGE DERMLOGIC LABORATORIES, L.L.C., BAN,L.L.C., DENNIS GAY, DANIEL B. MOWREY, and MITCHELL K. FRIEDLANDER,
Respondents.
) ) ) ) ) ) ) ) ) ) )
Docket No. 9318
PUBLIC DOCUMNT
COMPLAINT COUNSEL'S MOTION FOR THE ISSUANCE OF SUBPOENAS AD TESTIFICANDUM
Pursuant to RULE 3.34(a)(2) of the Federal Trade Commssion's RULES OF PRACTICE,
Complaint Counsel make this motion for the issuance of subpoenas ad testifcandum so that
certain witnesses not affilated with the Federal Trade Commission may be called to testify at the
hearing in this matter.
Complaint Counsel's Proposed Final Witness List, served on November 8, 2005, sets
forth the names and affiiations of the witnesses that Complaint Counsel may call to testify at the
hearing in this matter. The Final Witness List summarzes the relevance of each witness'
testimony, making the required showing of "reasonable relevancy" under RUL 3.34(a)(2).
The Witness List also identifies the address of each witness, thereby demonstrating that the
witnesses are located in the United States, and satisfying the requirement stated in Paragraph 12
of the Court's August 11,2004 Scheduling Order.
Complaint Counsel respectfully request that this Court grant their motion for the issuance
of subpoenas ad testifcandum. The proposed subpoenas are attached. i
Respectfully submitted,
Laur n (202) 326-3237
Lemue wdy (202) 326~2981
Walter C. Gross il (202) 326-3319
Joshua S. Millard (202) 326-2454
Edwin Rodrguez (202) 326-3147
Laura Schneider (202) 326-2604
Bureau of Consumer Protection Federal Trade Commssion 600 Pennsylvania Avenue, N.W. Washington, D.C. 20580
Dated: Januar ~, 2006
For the convenience of the Court, the signature pages appear consecutively, followed by the blank retum-of-service pages. The proposed subpoenas identify the date and time of the hearng as March 7, 2006, at 9:30a.m., as established in the Court's Second Revised Scheduling Order. As Complaint Counsel cannot identify the precise date and time of each witness' appearance at this time, the proposed subpoenas state that the precise date and time of each witness' appearance wil be determned.
-2-
CERTIFICATION OF REVIEWING OFFICIAL
I certify that I have reviewed the attached public filing, Complaint Counsel's Motionfor the Issuance of Subpoenas Ad Testifcandum, prior to its filing to ensure the proper use and redaction of materials subject to the Protective Order in this matter and protect against any violation of that Order
or applicable RULE OF PRCTICE.
am A. Kohm
Asso iate Director, Division of
Enforcement
Bureau of Consumer Protection
APPENDIX A
United States of America Federal Trade Commission
SUBPOENA
1. TO
Don Atknson
10215 Buttercup Dr. Sandy, Uta 84092
This 'subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of listed in Item 7 at a hearing in the proceeding described in Item 4. . Counsel
2. LOCATION OF HEARING
3. DATE AND TIME OF HEARING
Federal Trade Commssion 600 Pennsylvania Ave., N.W., Room 532 ,Washington, D.C. 20580
March 7, 2006, at 9:30 a.m. (precise date and tie of appearan~e to be determned)
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et at., Docket No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA .
Stephen J. McGuire
Joshua S. Miard
Complaint Counsel Federal Trade Commssion Washington, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
Chief Admstrative Law Judge
Federal Trade Commssion
Washigton, D.C. 20580
DATE ISSUED
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by the CommissIon's Rules of Practice Is legal service and may SUbject you to a penalty imposed by law for failure to comply.
TRAVEL EXPENSES
The Commission's Rules of PractIce require that fees and mileage be paid by the part that requested your appearance. You should present your claim to Counsel listed In Item 7 for payment. If you are pemianently or temporarily living somewhere other than the address on this subpoena and it would require excessive travel for you to appear, you must get prior approval from Counsel listed In Item 7.
MOTION TO LIMIT OR QUASH
The CommIssion's Rules of Practice require that any motion to limit or quash this subpoena be fied within the earlier of 10 days after' service or the time for compliance. The original and ten copies of the motion must be fied with the Secretary of the Federal Trade
Commission. Send one copy to the Requesting Counsel named in
Item 7 and to all other parties prescribed in the Rules of Practice.
This subpoena does not require approval by OMB under the
Paperwork Reduction Act of 1980.
FTC Form 69 (rev 1/97)
United States of America Federal Trade Commission
SUBPOENA
1. TO
. Nathalie Chevreau
5742 West Harold Gatty Dr.
Salt
Lake City, UT 84116
This subpoena requires you to appear and give testimony at the date and time speclfled,ln Item 3 at the request of Counsel listed in Item 7 at a hearing in the,proceeding described In Item 4.
2. LOCATION OF HEARING 3. DATE AND TIME OF HEARING
Federal Trade Commssion
600
Pennsylvana Ave., N.W., Room 532
March 7, 2006, at 9:30 a.m.
(precise date and tie of appearance to be deterned)
Washington, D.C. 20580
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et al., Docket No. 9318
5. RECORDS yOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
,7. COUNSEL REQUESTING
SUBPOENA
Stephen J. McGuire Cluef Admnistrative-Law Judge Federal Trade Commssion Washington, D.C. 20580
DATE ISSUED
Joshua S. Millard
Complait Counsel
Federal Trade Commssion Washington, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any niethod prescribed by the Commission's Rules of Practice Is legal service and may subject you to a penalty imposed by law for failure to comply.
TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mileage be paid by the part that requested your appearance. You should present your claim to Counseillstec in Item 7 for payment. If you are permanently or temporarily living somewhere other than the address on this subpoena and It would require excessive travel for
you to appear, you must get prior approval from Counsel listed in
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoi:na be flied within the earlier of 10 days afer
Item?
This subpoena does not require approval by OMS under the
service or the time for compliance. The original and ten copies of
the motion must be flied with the Secretary of the Federal Trade
Commission. Send one copy to the Requesting Counsel named in
Item.7 and to all other parties prescribed in the Rules of Practice.
Paperwork Reduction Act of 1980.
FTC Form 69 (rev 1/97)
United States of America Federal Trade Commission
SUBPOENA
1. TO
Jeff Davis
5742 West Harold Gatt Dr.
Salt
Lake City, UT 84116
This subpoena requires you to appear and give testimony at the date flnd time specified In Item 3 at the request of Counsel listed In Item 7 at a hearing in the proceeding described in Item 4.
2. LOCATION OF HEARING 3. DATE AND TIME OF HEARING
Federal Trade Commssion
600 Pennsylvana Ave., :N.W., Room 532
Washigton, D.C. 20580
March 7, 2006, at 9:30 a.m.
(precise
date and tie of appearance to be determned)
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et aL., Docket No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7: COUNSEL REQUESTING SUBPOENA
Stephen J. McGue
Chief Administrative Law Judge
Joshua S. Miard
Complaint Counsel Federal Trade Commssion
Washigton, D.C. 20580
Federal Trade Commsion'
Washigton, D.C. 20580
DATE ISSUED
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by
TRAVEL EXPENSES
The CommissIon's Rules of Practice require that fees and mileage
be paid by the part that requested your appearance. You should
the Commission's Rules of Practice Is legal service and may subject
you to a penalty Imposed by law for failure to comply.
MOTION TO LIMIT OR QUASH
The CommissIon's Rules of Practice require that any motion to limit or quash this subpoena be filed within the earlier of 10 days after
present your claim to Counsel listed in Item 7 for payment If you are permanently or temporarly living somewhere other than the
address on this subpoena and it would requIre excessive travel for you to appear, you must get prior approval from Counsel listed in Item 7.
service or the time for compliance. The original and ten copies of
the motion must be filed with the Secretary of the Federal Trade
Commission. Send one copy to the Requesting Counsel named in
Item 7 and to all other partes prescribed in the Rules of Practice.
ThIs subpoena does not require approval by OMS under the Paperwork Reduction Act of 1980.
FTC Form 69 (rev 1/97)
United States of America Federal Trade Commission
SUBPOENA
1. TO
Carla Fobbs
5742 Harold Gatt Dr.
Salt Lake
City, UT 84116
This su~poena requires you to appear and give testimony at the date and time specifed in Item S at the request of Counsel listed ih Item 7 at a hearing in the proceeding described In Item 4.
2. LOCATION OF HÉARING
3. DATE AND TIME, OF HEARING
Federal Trade Co:ission
600 Pennsylvana Ave., N.W., Room 532
Washington, D.C. 20580
March 7, 2006, at 9:30 a.m. (precise date and tie of appearance to be determed)
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et a1., Docket
No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuire
Joshiia S. Milard
Complaint Counsel
Chief Admstrative Law Judge
Federal Trade Commssion Washington, D.C. 20580
DATE ISSUED
Federal Trade Commssion
Washigton, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by the Commission's Rules of Practice is legal service and may subject you to a penalty Imposed by law for failure to comply.
TRAVEL EXPENSES
The CommIssion's Rules of Practice require 'that fees and mileage be paid by the par that requested your appearance. You should
present your claim to Counsel listed in Item? for payment If you
are permanently or temporarly living somewhere other than the address on this subpoena and It would require excessive travel for you to appear, you must get prior approval from Counsel listed in
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoena be filed within the earlier of 10 days after
Item?
servIce or the time for compliance. The original and ten copIes of
the motion must be filed with the Secrefary of the Federal Trade
Comirlsslon. Send one copy to the Requesting Counsel named In
Item? and to all other parties prescribed In the Rules of Practice.
This SUbpoena does 'not require approval by OMB under the
Paperwork Reduction Act of 1980.
FTC Fonn 69 (rev 1/97)
.united States of America Federal Trade Commission
SUBPOENA
1. TO
Mitchell K. Friedander
5142 Harold Gatt Dr.
Salt
Lake City, UT 84116
This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of
Counsel
listed in Item 7 at a hearing in the proceeding described In Item 4. '
3. DATE AND TIME OF HEARING
2. LOCATION OF HEARING
Federal Trade Commsion 600 Pennsylvana Ave., N.W., Room 532
Washington, D.C. 20580
March 7, 2006, at 9:30 a.m. (precise date and time of appearance to be determned)
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic ResearchLLC, et al., Docket
No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuire Chief Administrative Law Judge
Federal Trade Commission Washington, D.C. 20580
DATE ISSUED
ADMINISTRATIVE LAW JUDGE'S
Joshua S. Milard Complaint Counsel Federal Trade Commission
Washington, D.C. 20580 '
SIGNATURE
GENERAl
INSTRUCTIONS
TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mileage be paid by the part that requested your appearance. You should present your claim to Counsel listed In Item 7 for payment. If you are permanently or temporarily living somewhere other than the address on 'this subpoena and it would require excessive travel for
you to appear, you must get prior approval from Counsel Item listed In
APPEARANCE
The deli\(ery of this subpoena to you by any method prescribed by the Commission's Rules of Practca 15 legal service and may subject,
you to a penalty Imposed by law for
failure to comply.
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoena be filed within the earlier of 10 days after service or the time for compliance. The orlginal and ten copies of the motion must be fied with the Secretary of the Federal Trade
7.
Commission. Send one copy to the Requesting Counsel named In
Item 7 and to all other parties prescribed in the Rules of Practice.
This subpoena does not require approval.by OMS under the Paperwork Reduction Act of 1980.
FTC Form 69 (rev 1/97)
United States of America Federal Trade Commission
SUBPOENA
1. TO
Denns Gay
5742 Harold Gatt Dr.
Salt
Lake City, UT 84116
, This subpoena requires you to appear and give testimony at the date and time specified In Item 3 at the request of Counsel listed In Item 7 at a hearing In the proceeding described in Item 4.
2. LOCATION OF HEARING
3. DATE AND TIME OF HEARING
Federal Trade Commssion
600 Pennylvana Ave., N.W., Room 532
Washigton, D.C. 20580
March 7, 2006, at 9:30 a.m. (precise date and tie of appearance to be determned)
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et aL., Docket
No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen 1. McGuie
Chief Admstrative Law Judge
Federal Trade Commssion
Washigton, D.C. 20580
Joshua S. Millard Complaint Counel
Federal Trade Commsion
Washington, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
DATE ISSUED
GENERAi INSTRUCTIONS
APPEARANCE
The dellveiy of this subpoena to you by any method prescribed by the Cammlsslon's Rules of Pr:ctlce Is legal seivice and may subject you to a penalty imposed by law for failure to cômply.
TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mileage
be paid by the part that requested your appearance. You should present your claim to Counsel listed in Item 7 for payment. If you are permanently or temporarily living somewhere other than the address on this subpoena and It would require excessive travel for
you to appear, you must get prior approval from Counsel
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoena be filed withIn the earlier of 10 days after seivice or the time for compliance. The orIginal and ten copies of the motlon must be filed wIth the Secretary of the Federal Trade
listed in
Item?
Commission. Send one copy to the Requesting Counsel named in
Item 7 and to all ôther partles prescribed in the Rules of Practice.
This subpoena ,does not require approval by OMB under the Paperwork Reduction Act of 1980. '
FTC Fonn 69 (rev 1/97)
United States of America Federal Trade Commission
SUBPOENA
1. TO
Gina Gay
5742 Harold Gatt Dr.
Salt Lake City, UT 84116
This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of
Counsallisted in Item 7 at a hearing In the proceeding described in Item 4.
2. LOCATION OF HEARING
3. DATE AND TIME OF HEARING
Federal Trade Commssion
600 Pennsylvana Ave., N.W., RDom 532
Washington, D.C. 20580
March 7, 2006, at 9:30 a.m. (precise date and tie of appearance to be determed)
4. SUBJECT OF PROCEEDINGS
In the Matter of Basic Research LLC, et a!., Docket No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuie '
Chief Adnstrative Law Judge
Federal
Joshua S. Milard
Complait Counsel
'Trade CommssiDn
WashigtDn, D.C. 20580
Federal Trade Commssion Washington, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
DATE ISSUED
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by the Commission's Rules of Practice Is legal service and may subject you to a penalty Imposed by law for failure to comply.
TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mileage be paid by the part that requested your appearance. You should present your claim to Counsel listed in Item 7 for payment. If you are permanently or temporarily living somewhere Dther than the address Dn this subpoena and it would require excessive travel for you to appear, you must get prior approval from Counsel listed in Item 7.
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motiDn tDllmit or quash this subpoena be flied within the earller.of 10 days after service or the time for compliance. The original and ten copies of the motion must be flied with the Secretary of the Federal Trade CommisslDn. Send one copy to the Requesting Counsel named in Item 7 and to all other parties prescribed in the Rules of Practice.
This subpoena does not require approval by OMS under the
Paperwork Reduction Act of 19aO.
FTC Form 69 (rev 1/97)
United States of America
Federal. Trade Commission
SUBPOENA
1. TO
Michael Meade 5742 West Harold Gatty Dr. Salt Lake City, UT 84116
This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of Counsel listed in Item 7 at a hearing in the prooeedliig desonbed ,in Item 4.
2. LOCATION OF HEARING
3. DATE AND TIME OF HEARING
F:ederal Trade Commission
600
Pennsylvania Ave., N.W., Room 532
Washington, D.C. 20580
March 7, 2006, at 9:30 a.m. tprecise date and tie of appearance to be deterned)
4., SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et al., Docket
No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuire Chief Admnistrative Law Judge Federal Trade Commssion
Washigton, D.C. 20580
Joshua S. Miard
Counsel Complait' Federal Trade Commssion Washington, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
DATE ISSUED
.
GENERAL INSTRUCTIONS
APPEARANCE
The dellveiy of this subpoena to you by any method presoribed by the Commission's Rules of Praotloe is legal servioe and may subject you to a penalty imposed by law for failure to comply.
,TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mlleaga
be paid by the part that requested your appearance. You should present your claim to Counsel listed In Item 7 for payment. If you are permanently or temporarily living somewhere other than the address on this subpoena and it would require excessive travel for you to appear, you must get prior approval from Counsel listed In Item 7.
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this sùbpoena be filed within the earlier of 10 days after
servic,e or the time for compliance. The original and ten caples of
the motion must be filed with the Secretary of the Federal Trade
Commission. Send one copy to the Requesting Counsel named In
Item 7 and to all other parties prescribed In the Rules of Practice.
This subpoena does not require approval by OMB under the Paperwork Reduotion Act of 1980.
FrC Form 69 (rev 1/97)
United States of America Federal Trade Commission
SUBPOENA
1. TO
Daniel Mowrey
5742 Harold Gatt Dr.
Salt
Lake City, UT 84116
This subpoena requires you to appear and give testimony at the date and time specified In Item 3 at the request of listed in Item 7 at a hearing in the proceeding described in Item 4. Counsel
2. LOCATION OF HEARING
3. DATE AND TIME OF HEARING -
Federal Trade Commission 600 Pennsylvana Ave., N.W., Room 532
Washigton, D.C. 20580
March 7, 2006, at 9:30 a.m.
(precise date and tie of appearance to be determined)
4. SUBJECT OF PROCEEDINGS
In the Matter of Basic Research LLC, et al., Docket No. 93 i 8
5.
RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE lAW JUDGE
7. COUNSEL REQUESTING
SUBPOENA
Stephen J. McGuie
Chief Admstrative Law Judge
Joshiia S. Miard
Complait Counsel
Federal Trade Commssion Washington, D.C. 20580
DATE ISSUED
Federal Trade Commssion
Washigton, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
GENERAL INSTRUCnONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by
the Commission's Rules of Practice is legal seivlce and may subject
you to a penalty Imposed
TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mileage
be paId by the par that requested your appearance. You should present your claim to Counsel listed in Item 7 for payment. If you
by law for failure to comply. '
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoena be fled within the earlier of 1 0 days after servce or the time for compliance. The original and ten copies of
are permanently or temporarly living somewhere other than the
address on this subpoena and It would require excessive travel for
you to appear, you must get pnor approval from Counsel listed in
Item?
the
the motion must be filed with the Secretary of. the Federal Trade Commission. Send one copy to the Requesting Counsel named in Item 7 and to all other parties prescribed in the Rules of Practice.
This subpoena does not require approval by OMB under
Paperwork Reduction Act of 1980.
FrC Form 69 (rev 1/97) ,
United States of America
Federal Trade Commission
SUBPOENA
1. TO
Ga Sandberg
5742 Haold Gatt Dr.
Salt Lake
City, UT 84116
, This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of Counsel listed in Item 7 at a hearln,9 in the proceeding described in Item 4. '
2. LOCATION OF HEARING
3. DATE AND TIME OF HEARING
Federal Trade Comnssion
600 Pennsylvana Ave., N.W., Room 532
Washigton, D.C. 20580
March 7, 2006, at 9:30 a.m. date and tie of appearance to be determed) (precise
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et aI., pocket No. 9318
5. RECORDS YOU MUST BRING WITH YciU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuie Chief Admnistrative Law Judge Federal Trade Commssion
Washigton, D.C. 20580
Joshua S. Milard
Complait Counsel
Federal Trade Commssion
Washigton, D.C. 20580
DATE ISSUED
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
GENERAL INSTRUCTIONS
APPEARANCE
The dellveiy of this subpoena to you by any method prescribed by
the Commission's Rules of Practice Is legal service and may subject you to a penal,ty Imposed by law for failure to comply.
TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mileage
be paid by the part that requested your appearance. You should
present your claim to Counsel listed In Item 7 for payment If you ,
are permanently or temporarily living somewhere othe~ ~an the address on this subpoena and it would require excessive travel for
you to appear, you must get prior approval from Counsel Item listed in
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoena be fled within the earlier of 10 days after
service or the time for compliance. The original and ten copies of the motion must be fied with the Secretary of the Federal Trade
Commission. Send one copy
7. '
to the Requesting Counsel named in
Item 7 and to all other parties prescribed in the Rules of Practice.
thIs subpoena does not require approval by OMS under the Paperwork Reduction Act of 1980.
FTC Form 69 (rev 1/97)
United States of America Federal Trade Commission
SUBPOENA
1. TO
Val Weight Harold Gatty Dr. ' 5742 West Salt Lake City. UT 84116
This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of listed in Item 7 at a hearing in the proceeding des~ribed In Item 4. Counsel
2. LOCATION OF HEARING
3~ DATE AND TIME OF HEARING
Federal'Trade Commssion ,
600 Pennsylvana Ave., N.W., Room 532
Washigton, D.C. 20580
March 7. 2006, at 9:3Ó a.m. (precise date and tie of appeaance to be detered)
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et at., Docket No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuie Chief Admstrative Law Judge Trade Commssion Federal
Washigton, D.C. 20580
Joshua S. Milard
Complait Counsel
Federal Trade Commssion Washington, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
DATE ISSUED
.
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by the CommissIon's Rules of Practice Is legal service and may subject you to a penalty imposed by law for failure to comply.
TRAVEL EXPENSES
The CommIssion's Rules of Practice require that ,fees and mileage
. be paid by the part that requested your appearance. You should your claim to Counsel listed in Item 7 for payment If you present are permanently or temporarily living somewhere other than the address on this subpoena and it would require exèessive travel for
you to appear, you must get prior approval from Counsel Item
MOTION TO LIMIT OR QUASH
The Collmlssion's Rules of Practice require that any motion to limit or quash this subpoena be filed within the earlier of 10 days after seivice or the time for compliance. The original' and ten copies of the motion must be filed with the Secretary of the Federal Trade
listed in
7.
Commission. Send one copy to the Requesting Counsel named in
Item 7 and to all other parties prescribed in the Rules of Practice.
This subpoena does not require approval by OMS under the Paperwork Reduction Act of 1980.
FTC Fomi 69 (rev 1/97)
United States of America Federal Trade Commission
SUBPOENA
1. TO
Jeffey Lang Potter, Katz, Postal & Ferguson 11300 Weddington St., North Hollywood, CA 91601
This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of listed in Item 7 at a hearing in the proceeding described in Item 4. Counsel
2. LOCATION OF HEARING
3. DATE AND TIME OF HEARING
Federal Trade Commission
600 Pennsylvana Ave., N.W., Room 532
Washington, D.C. 20580
March 7. 2006, at 9:30 a.m. (precise date and tie of appearance to be deteed)
4. SUBJECT OF PROCEEDINGS
In the Matter of Basic Research LLC, et aI., Docket No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuire Chief Administrative Law Judge Federal Trade Commission
Joshua S. Millard Gomplaint Counsel Federal Traq,e Commssion
Washigton, D.C. 20580
Washigton.p.C.20580
DATE ISSUED
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
GENERAL iNSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by the Commission's Rules of Practice is legal service and may subject you to a penalty Imposed by law for failure to comply.
TRAVEL EXPENSES
,
MOTION TO LIMIT OR QUASH '
The Commission's Rules of Praotice require that any motion to limit or quash this subpoena be filed within the earlier of 10 days after service or the time for compliance. The original and ten copies of filed with the Secretary of the Federal Trade the motion must be
The Commission's Rules of Practce require that fees and mileage be paid by the part that requested your appearance. You should listed In Item 7 for payment. If you present your claim to Counsel are permanently or temporarily living somewhere other than the address on this subpoena and it would require excessive travel for
you to appear. you must get prior approval from Counsel Item listed in
7.
Commission. Send one copy to the Requesting Counsel named in
Item 7 and to all other parties prescribed In the Rules of PractIce.
This subpoena does not require approval by OMB under the
Paperwork Reduction Act of 1980.
FTC Form 69 (rev 1/97)
, United States of America Federal Trade Commission
SUBPOENA
1. TO
Lori Jàcobus Potter, Katz, Postal & Ferguson
11300 Weddington St.,
Nort Hollywood. CA 91601
this subpoena requires you to appear and give testimony at the'date and time specified In Item 3 at the request of Counsel listed in Item 7 at a heanng In the proceeding described in Item 4.
2. LOCATION OF HEARING
3. DATE AND TIME OF HEAING
Federal Trade Commssion
600 Pennsylvana Ave., N.W., Room 532
Washington, D.C. 20580
March 7, 2006, at 9:30 a.m. (precise date and tie of appearance to be deteed
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research lLC, etal., Docket No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuire
Chief Admstrative Law Judge
Federal Trade Commssion Washington, D.C. 20580
DATE ISSUED
Joshua S. Milard Complaint Counsel Federal Trade Commssion
Washgton, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescrlbed by the Commission's Rules of Practice is legal servce and may subject you to a penalty imposed by law for failure to comply.
, TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mileage be paid by the part that requested your appearance. You should
present your claim to Counsellistee In Item 7 for payment If you
are permanently or temporarlly living somewhere other than the address on this subpoena and It would require excessive travel for
you to appear, you must get prior approval from Counsel Item listed In
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoena be filed within the earlier of 10 days afterservice or the time for compliance. The original and ten copies of
7.
the motion must be flied wit the Secretary of the Federal Trade Commission. Send one copy to the Requesting Counsel named in
Item 7 and to all other parties prescrlbed in the Rules of Practice.
This subpoena does not require approval by OMS under the Paperwork Reduction Act of 1980.
FTC Fonn 69 (rev 1/97)
United States of America
Federal Trade Commission
SUBPOENA
1. TO
Y nicsha Carflr
1107 West HOth Street
Los Angeles, CA 90044
This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of listed in Item 7 at a hearing In the proceeding described in Item 4. Counsel .
2. LOCATION OF HEARING
3. DATE AND TIME OF HEAING
Federal Trade Commission
600 Pennsylvania Ave., N.W., Room 532 Washington, D.C. 20580
March 7, 2006, at 9:30 a.m.
(precise date and time of appearance to be determned)
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et al., Dòcket No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7. COUNSEL REQUESTING SUBPOENA
Stephen J. McGuire Chief Admnistrative Law Judge Federal Trade Commssion Washington, D.C. 20580,
DATE ISSUED
ADMINISTRATIVE LAW
Joshua S. Millard
Complaint Counsel
Federal'Trade Commission
Washigton, D.C. 20580
JUDGE'S SIGNATURE
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by
TRAVEL EXPENSES
The Commission's Rules of' Practice require that fees and mileage be paid by the part that requested your appearance. You should
present your claim to Counsel
the Commission's Rules of Practice Is legal servIce and may subject
you to a penalty imposed by law for failure to comply.
listed In Item 7 for payment If you
listed in
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoena be filed within the earlier of 10 days after seivice or the time for compliance. The original and ten copIes of
the motion must be flied with the Secretary of the
are permanently or temporarily living somewhere other than the address on this subpoena and it would require excessive travel for
you to appear, you must get prior approval from Counsel
Item 7.
Federal Trade
This subpoena does not require approval by OMS under the Paperwork Reduction Act of 1980.
Commission. Send one copy to the 'Requesting Counsel named In Item 7 and to all other pares prescribed in the Rules of Practice.
FTC Form 69 (rev 1/97f
United States of America Federal Trade Commission
SUBPOENA
1. TO
Kevin Towers
US Postal
Inspection Service
8403-A Lee Highway Merrifield, VA 22082-8101
This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of Counsel listed in Item 7 at a hearing in the proceeding described in Item 4.
2, LOCATION OF HEARING
3. DATE AND TIME OF HEARING
Federal Trade Commission
600 Pennsylvania Ave., N.W.
Washington, D.C. 20580
March 7, 2006, at 9:30a.m. (precise date and time of appearance to be determined)
4. SUBJECT OF PROCEEDINGS
In the Matter of
Basic Research LLC, et aI., Docket No. 9318
5. RECORDS YOU MUST BRING WITH YOU
6. ADMINISTRATIVE LAW JUDGE
7, COUNSEL REQUESTING SUBPOENA
Stephen 1. McGuire Chief Administrative Law Judge
Federal Trade Commission
Washington, D.C. 20580
DATE ISSUED
Joshua S. Milard Complaint Counsel Federal Trade Commission Washington, D.C. 20580
ADMINISTRATIVE LAW JUDGE'S SIGNATURE
GENERAL INSTRUCTIONS
APPEARANCE
The delivery of this subpoena to you by any method prescribed by the Commission's Rules of Practice is legal service and may subject you to a penalty imposed by law for failure to comply:
TRAVEL EXPENSES
The Commission's Rules of Practice require that fees and mileage be paid by the part that requested your appearance. You should listed in Item 7 for payment. If you present your claim to Counsel are permanently or temporarily living somewhere other than the address on this subpoena and it would require excessive travel for
you to appear, you must get prior approval from Counsel Item listed in
MOTION TO LIMIT OR QUASH
The Commission's Rules of Practice require that any motion to limit or quash this subpoena be filed within the earlier of 10 days after service or the time for compliance, The original and ten copies of the motion must be fied with the Secretary of the Federal Trade
7.
Commission. Send one copy to the Requesting Counsel named in
Item 7 and to all other parties prescribed in the Rules of Practice,
This subpoena does not require approval by OMS under the Paperwork Reduction Act of 1980,
FTC Form 69 (rev 1/97)
RETURN OF SERVICE
I hereby certify that a duplicate original of the within
subpoena was duly served: (check the method used)
C in person.
C by registered mail.
o by leaving copy at prinèipal office or place of business, to wit:
on the person named herein on:
(Month, day. and year)
(Name 01 person making service)
(Ofllcialtltle)
RETURN OF SERVICE
I hereby certify that a duplIcate original of the within
subpoena was duly served: (chec Ihe melhod used)
o in person.
o by registered mail.
o by leaving copy at principal offce or place of business, to wit:
on the person named herein on:
(Month, day, and yaar)
(Nama of parson making servce)
(Oficial tnle)
RETURN OF SERVICE
I hereby certfy that a duplicate original of the within
subpoena was duly served: (check the methocl used)
o in person.
o byregistered mail.
o by leaving copy at principal offce or place of business, to wit:
on the person named herein on:
(Month, Ciay, ancl year)
(Name oJ person maklng service)
(Ofßclal titie)
RETURN OF SERVICE
I hereby certIfy that a duplicate original of the within
subpoena was duly served: (oheck the melhod used)
o in person.
o by registered maiL.
o by leaving copy at princIpal offce or place of business, to wit:
-- ----- -~---~ ----------~ - --on the person named herein on:
(Month. day. and year)
(Name of person making seivlee)
(Omelalllt1e)
RETURN OF SERVICE
I hereby certify that a duplicate original of the within
subpoena was duly served: (check the method used)
o in person.
o by registe~ mall.
o by leaving copy at principal offce or place of business, to wit:
on the person named herein on:
_ _ _ _ _ .. _ _ _ _ _ _ .. _ .. _ .. :;):;,~:¿:;-;-_':._._:;::_'-J'_:~':~':,~-;;2::~i/:j~-;...,;;:-:./i ,.~,,:~._
âJlonth, day;
. -'~ ~ -" '.'''.' - . -. - - - and year)
(Name of person making service)
(O"lclal NUe)
RETURN OF SERVICE
I hereby certIfy that a dupllcata original of the with(n
subpoena was duly seived: (check the method used)
o in person.
o by registered mail.
o by leav(ng copy at principal offce or place of business, to wit:
on the person named herein on:
(Month, day, and year)
(Nama of person mang service)
(Offcial title)
RETURN OF SERVICE
I hereby certify that a duplicate original of the within.
subpoena was duly served: (Check the method used)
o in person.
o by registered mall.
o by leaving copy at principal offce or place of business, to wit:
on the person named herein on:
(Month, day, and year)
(Nams of person maklng service)
(orncial tlUe)
RETURN OF SERVICE
I hereby certify that a duplicate original of the within
subpoena was duly seNed: (cheek the melhod used)
o in person.
o by registered mall.
o by leaving copy at pnnclpal offce or place of business, to wit:
on the person named herein on:
(Month, day, and year)
(Nam of parson maldng seivlea)
(Otfelaltltle)
RETURN OF SERVICE
I hereby certify that a duplicate original of the within
subpoena was duly seNed: (check the method used)
o in person.
o by registered mail.
o by leaving copy at principal offce or place of business, to wit:
on the person named herein on:
(Month. day, and year)
(Name of peison making service)
(Official tlle)
RETURN OF SERVICE
I hereby certif that a duplicate origInal of the within
subpoena was duly seived: (check the method usad)
o in person.
o by registered mall.
o by leaving copy at principal offce or place of
business, to wit:
on the person named herein on:
(Month, day, snd year)
(Name of parson making servIce)
(Ornelel tilla)
RETURN OF SERVICE
I hereby certIfy that a duplicate original of the within
subpoena was duly served: (check Ihe method used)
o in person.
o by registered rnaif.
o by leaving copy at principal offoe Qr plaoe of business, to wit:
on the person named herein on:
.- --- .,' - ,- - ':. '- '-' .. :; ~'..~ :-, -,. .. --, ,'-'- ,- '--'.: ., - ,
.. _ _ _ _.. _ _ _ _ _ _ _ _."' _ ~.~-,~_-~-,:: !'f_:=:.o¡;\~i.'~'~~.~:;~~~~~.~f_¡~t.;~:";'-)'
(Month, day, andyser)
(Name òf person making service)
(0"lcI8111I1e)
RETURN OF SERVICE
I hereby cerlify that a duplicate original of the within
subpoena was duly seived: (check the method used)
o In person.
o by registered mail.
o by leaving copy at principal offce or place of business, to wit:
on the person named herein on:
(Month, day, 'and yaar)
(Name of person makIng sarvloa)
(Ofcial tllle)
RETURN OF S~RVICE
I hereby certify that a duplicate original of the within
subpoena was. duly seived: (oheok the method used)
a in person.
o by registered mail.
o by leaving copy at principal offce or place of business, to wit:
on the person named herein on:
(Month, day, and year)
(Nama of person makng service)
(Omclallltle)
RETURN OF SERVICE
f hereby certfy that a duplicate onginaf of the within
subpoena was duly served: (check the mathod used)
o in person.
o by registered mall.
o by leaving copy at pnncipaf office or place of business, to wit:
on the person named herein on:
(Month, day, and year)
(Name of parson making sarvlce)
(Offcialtille)
RETURN OF SERVICE
I hereby certify that a duplicate original of the within
subpoena was duly served: (check the melhod used)
o in person.
o by registered mail.
o by leaving copy at principal offce or place of business, to wit:
on the person named herein on:
(Month, day, and year)
(Name of person makIng saivloi;)
(Ofolal IIla)
CERTIFICATE OF SERVICE
I hereby certify that on this ~ day of Januar, 2006, I caused Complaint Counsel's Motionfor the Issuance of Subpoenas Ad Testificandum, including the proposed subpoenas, to be filed and served as follows:
(1) the original, two (2) paper copies fied by hand delivery
and one (1) electronic copy via email to:
Donald S. Clark, Secretary Federal Trade Commssion
600 Penn. Ave., N.W., Room H-159 Washington, D.C. 20580
(2) two (2) paper copies served by hand delivery to:
The Honorable Stephen J. McGuire
Chief Administrative Law Judge 600 Penn. Ave., N.W., Room H-104 Washington, D.C. 20580
(3) one (1) electronic copy via email and one (1) paper copy
by first class mail to the following persons:
Stephen E. Nagin Nagi Gallop Piguerdo P.A.
3225 Aviation Ave. Miam, FL 33133-4741 (305) 854-5353 (305) 854-5351 (fax) snagin (gngf-Iaw .com
Jonathan W. Emord Emord & Associates, P.C. 1800 Alexander Bell Dr. #200 Reston, VA 20191
jemord CWemord.com
For Respondents
For Respondents A.G. Waterhouse, LLC, Basic Research, LLC, Klein-Becker USA, LLC, Nutrasport, LLC, Sovage
Dermalogic Laboratories,
Ronald F. Price Peters Scofield Price 340 Broadway Centre 111 East Broadway Salt Lake City, UT 84111 (801) 322-2002 (801) 322-2003 (fax)
rfpCWDsDlawyers.com
For Respondent Mowrey
LLC, and BAN, LLC
Richard D. Burbidge Burbridge & Mitchell 215 S. State St., Suite 920 Salt Lake City, UT 84111 (801) 355-6677 (801) 355-2341 (fax)
rburbidge(g burbidgeandmítchell.com
Mitchell K. Friedlander 5742 West Harold Gatty Dr. Salt Lake City, UT 84116 (801) 517-7000 (801) 517-7108 (fax) Respondent
mk555 CWmsn.com
For Respondent Gay
CO mT COUNSEL .
~~