Docket No. 9318
In the Matter of  Basic Research

File No. 002-3300
Civil Action No. 09-CV-972
[Related Federal Court Proceeding Page]

June 23, 2006

• Decision and Order
• News Release

May 11, 2006

• Agreement Containing Consent Order
• Analysis of Agreement Containing Consent Order to Aid Public Comment
• Administrative Complaint Issued on June 15, 2004
  • Exhibits A-L
• News Release

February 28, 2006

• Joint Motion to Withdraw Matter from Adjudication (Public Version)

February 27, 2006

• Commission Order Withdrawing Matter From Adjudication For The Purpose Of Considering A Proposed Consent Agreement
• Administrative Law Judge's Order Extending the One Year Deadline for Filing the Initial Decision

February 24, 2006

• Complaint Counsel's Unopposed Motion For Extension of Time to File Public Versions Of Pretrial Brief, Proposed Findings of Fact and Conclusions of Law, and Opposition to Second Revised Motion for in Camera Treatment

February 22, 2006

• Corporate Respondents' Pretrial Brief (Public Version)

February 21, 2006

• Administrative Law Judge's Order Denying Respondents' Motion for Certification or Reconsideration and Denying Motion to Exclude FTC's Investigator Witnesses
• Administrative Law Judge's Order Granting Complaint Counsel's Motion for Extension of Time to File Public Versions of Complaint Counsel's Pretrial Brief and Proposed Findings of Fact and Conclusions of Law
• Respondent's Supplemental Motion for in Camera Treatment of Trial Exhibits

February 17, 2006

• Complaint Counsel's Unopposed Motion for Extension of Time to File Public Versions of Complaint Counsel's Pretrial Brief and Proposed Findings of Fact and Conclusions of Law

February 13, 2006

• Respondent Mitchell K. Friedlander's Corrected Pre-hearing Brief and Proposed Findings of Fact and Conclusions of Law

February 10, 2006

• Respondents' Second Revised Motion for in Camera Treatment of Trial Exhibits
• Respondent Daniel B. Mowrey, Ph.D.'s Pre-hearing Brief With Proposed Findings of Fact and Conclusions of Law
• Respondent Mitchell K. Friedlander's Pre-hearing Brief and Proposed Findings of Fact and Conclusions of Law
• Trial Brief of Dennis Gay

February 6, 2006

• Motion for Leave to File Draft Order Inadvertently Omitted from Respondents' Second Revised Motion for in Camera Treatment of Trial Exhibits

February 3, 2006

• Second Motion for Leave to Add Additional Materials to Complaint Counsel's Second Final Proposed Exhibit List

January 30, 2006

• Complaint Counsel's Opposition to Respondents' Motion to Exclude FTC Investigator Witnesses

January 25, 2006

• Administrative Law Judge's Order on Respondents' Revised Motion for in Camera Treatment of Documents Listed on Parties' Exhibit Lists and on Joint Motion for Enlargement of Time to Submit Pretrial Briefs
• Complaint Counsel's Consolidated Opposition to Respondents' Motions for Reconsideration or Certification of January 10th Order on Complaint Counsel's Motion in Limine

January 24, 2006

• Parties' Joint Motion for Enlargement of Time for the Submission of Pretrial Briefs

January 23, 2006

• Order on Respondents' Second Request for Official Notice
• Order on Complaint Counsel's Motion For Issuance of Subpoenas Ad Testificandum
• Order Granting Complaint Counsel's Unopposed Motion For Extension of Time to Respond to Respondents' Revised Motion For in Camera Treatment
• Respondents' Application for Review of the January 10, 2006 Order That Excludes Relevant Evidence Concerning the FTC's Pre-complaint Investigation and Abridges Respondents' Constitutional Rights

January 20, 2006

• Complaint Counsel's Unopposed Motion for Extension of Time To Respond to Revised Motion for in Camera Treatment

January 18, 2006

• Order Setting Final Prehearing Conference and Trial Date
• Complaint Counsel’s Opposition to Respondents’ Motion For Official Notice of FTC/FDA/NIH-related Documents Included in Respondents’ Exhibit List
• Respondent Mitchell K. Friedlander's Concurrence in Respondents' Application for Review of the January 10, 2006 Order That Excludes Relevant Evidence Concerning the FTC's Pre-complaint Investigation and Abridges Respondents' Constitutional Rights
• Respondents' Combined Opposition to FTC's Motion for the Issuance of Subpoenas Ad Testificandum and Motion to Exclude FTC's Investigator Witnesses Based on the January 10, 2006 Order

January 17, 2006

• Respondents' Revised Motion for in Camera Treatment of Trial Exhibits

January 10, 2006

• Order on Complaint Counsel's Motion in Limine
• Order Denying Respondents' Motions for Reconsideration, Clarification, in Limine, to Include Witnesses and Reopen Discovery, or for Certification to the Commission
• Complaint Counsel's Motion for the Issuance of Subpoenas Ad Testificandum

January 9, 2006

• Order Denying Complaint Counsel's Motion in Limine to Preclude Respondents from Introducing Evidence of Customer Satisfaction

January 6, 2006

• Respondents' Motion for Official Notice of FTC/FDA/NIH Documents Included in Respondents' Exhibit List

January 5, 2006

• Order on Complaint Counsel's Motion for Leave to Add Additional Material to its Proposed Exhibit List and on Respondents' Motion for Leave to Identify a New Exhibit
• Order Denying Respondent Friedlander's Motion to Dismiss For Lack of Subject Matter Jurisdiction
• Order Denying Respondents' Motion in Limine to Preclude Complaint Counsel from Introducing Evidence of Express Claims or New Implied Claims for the Purposes of Establishing Liability

December 29, 2005

• Order Extending the One Year Deadline for Filing the Initial Decision

December 22, 2005

• Motion for Leave to Add Additional Materials to Complaint Counsel's Second Final Proposed Exhibit List
• Respondent's Unopposed Motion for Leave to Identify a New Exhibit

December 20, 2005

• Respondent Mitchell K. Friedlander's Original Signature Amendment

December 16, 2005

• Complaint Counsel's Consolidated Opposition to Respondents' Motions for Reconsideration, Clarification, or Certification of November 22nd Orders Denying Respondents' Motions to Exclude An Expert, Sanction Counsel, Add a Witness, and Reopen Discovery
• Complaint Counsel's Objections to Respondents' Late Disclosure Of Eight Witnesses and Additional Purported Substantiation and Motion to Strike and Exclude Such Testimony and Evidence

December 14, 2005

• Order on Complaint Counsel's Objections to Late Disclosed Witnesses and Exhibit
• Order Granting Respondents' Motion to File Draft Orders

December 9, 2005

• Order Revising December 7, 2005 Order On Complaint Counsel's Motion to Strike
• Respondent Mitchell Friedlander's Motion in Limine to Exclude a Witness Or, Alternatively, to Include Witnesses and Reopen Discovery for a Limited Purpose Or, in the Alternative, for Reconsideration, Clarification or Certification of Orders Denying the Exclusion of a Witness, Sanctions, and Leave to Add a Witness and to Reopen Discovery for Limited Purpose

December 7, 2005

• Order on Respondents' Motions to Exclude Complaint Counsel Witnesses Heymsfield, Mazis, and Nunberg
• Order on Complaint Counsel's Motion to Strike

December 6, 2005

• Order on Respondents' Motions to Strike Expert Reports of Michael Mazis and of Geoffrey Nunberg
• Respondents' Motion for Reconsideration or Clarification of Orders Denying Motions to Exclude a Witness for Sanctions, or for Leave to Reopen Discovery for a Limited Purpose; and Motion for Leave to Add an Expert Witness and to Reopen Discovery for a Limited Purpose

December 5, 2005

• Order on Respondents' Request for Official Notice
• Order on Respondents’ Motion for in Camera Treatment of Documents Listed on Parties' Exhibit Lists
• Complaint Counsel's Consolidated Opposition to Respondents' Motions to Exclude Complaint Counsel's Designated Experts Michael B. Mazis, PH.D and Geoffrey Nunberg. PH.D.

December 2, 2005

• Respondents' Opposition to Complaint Counsel's Objections to Respondents' Late Disclosure of Eight Witnesses and Additional Purported Substantiation and Motion to Strike and Exclude Such Testimony and Evidence
• Respondents' Motion for Leave to File Draft Orders Inadvertently Omitted from Motions in Limine And Motion for in Camera Treatment

December 1, 2005

• Order on Motions to Quash Respondents' Subpoenas
• Order on Respondents' Motion in Limine to Preclude Reliance on or Use of "Facial Analysis"

November 23, 2005

• Respondents' Objections to Complaint Counsel' s Final Proposed Exhibits
• Respondents' Objections to Complaint Counsel's Proposed Final Witness List
• Respondents' Motion to Exclude Complaint Counsel Witness Heymsfield Or. In the Alternative. To Limit His Testimony 
• Corporate Respondents' Motion in Opposition to Nonparty Yahoo! Inc.'s Motion in Support of Complaint Counsel's Motion to Quash Respondents' Twenty- Five Subpoenas Directed to Third Parties and in Reply to Respondents' Opposition to Complaint Counsel's Motion to Quash Corpora Te Respondents' Subpoenas
• Respondents' Motion to Exclude Complaint Counsel Witness Geoffrey D. Nunberg

November 22, 2005

• Respondents' Motion to Exclude Complaint Counsel Witness Michael B. Mazis
• Order on Motions to Exclude a Witness, for Sanctions, or for Leave to Reopen Discovery for a Limited Purpose
• Order on Complaint Counsel’s Motion for in Camera Review, Sanctions, and Other Relief Relating to Mowrey's Production of Expert Related Documents
• Order Denying Respondents' Motion for Leave to Add an Expert Witness and to Reopen Discovery for a Limited Purpose

November 21, 2005

• Order on Motion for Extension of Time to Exchange and Provide Courtesy Copies of Objections to Final Proposed Witness and Exhibit Lists

November 17, 2005

• Parties' Stipulations of Fact and Authenticity

November 16, 2005

• Respondents', Mitchell Friedlander's, Combined Motion to Exclude a Witness, for Sanctions, and to Depose Both Complainant's Counsel and Complainant's Expert, Dr. Steven Heymsfield; and this Respondent's Joinder in the Motion by the Other Respondents to Exclude a Witness and for Sanctions; and Also to Correct False Statements of Record That Were Made by Complainant's Counsel

November 15, 2005

• Nonparty Yahoo! Inc.’s Motion in Support of Complaint Counsel's Motion to Quash Respondents' Twenty-five Subpoenas Directed to Third Parties and in Reply to Respondents' Opposition to Complaint Counsel's Motion to Quash Corporate Respondents' Subpoenas
• Notice of Appearance of Rachel Shachter, Counsel for Nonparty Yahoo! Inc.
• Notice of Appearance of Anne Harkavy, Counsel for Nonparty Yahoo! Inc.
• Notice of Appearance of David Medine, Counsel for Nonparty Yahoo! Inc.
• Nonparty Yahoo! Inc.'s Motion for Enlargement of Time to Respond to Respondents' Subpoena Duces Tecum

November 14, 2005

• Motion for Extension of Time to Exchange and Serve Courtesy Copies on the Administrative Law Judge of Objections to Final Proposed Witness and Exhibit Lists

November 7, 2005

• Respondents' Opposition to Complaint Counsel's Motion to Quash Corporate Respondents' Subpoenas

November 4, 2005

• Response to Respondents' Reply to Complaint Counsel’s Opposition to Respondents' Motion to Exclude a Witness, Sanction Counsel, and Reopen Discovery

November 1, 2005

• Order Granting Motion for Extension of Time to File Parties' Objections and Counter-Designations to Designated Deposition Testimony

October 31, 2005

• Respondents Daniel B. Mowrey's and Dennis Gay's Joinder in Respondents' Motion to Exclude a Witness and for Sanctions, and Correction of Complaint Counsel's False Statements

October 28, 2005

• Order Extending the One Year Deadline for Filing the Initial Decision
• Unopposed Motion for Extension of Time to File Parties' Objections and Counter-designations To Designated Deposition Testimony
• Notice of Service of Motion to Quash Respondents' Twenty -Five Subpoenas Directed to Third Parties
  And Motion to File Such Notice

October 26, 2005

• Complaint Counsel's Motion to Quash Respondents' Twenty -Five Subpoenas Directed to Third Parties

October 20, 2005

• Complaint Counsel's Opposition to Respondents' Petition for Leave to File Reply
• Complaint Counsel's Opposition to Respondents' Omnibus Motion to Exclude a Witness, Sanction Counsel, and Reopen Discovery

October 13, 2005

• Respondents’ Petition for Leave to File Reply

October 11, 2005

• Complaint Counsel's Opposition to Respondents' Motion to Add an Expert Witness and to Reopen Discovery

October 7, 2005

• Respondents' Motion to Exclude a Witness and for Sanctions Or, In the Alternative, For Sanctions and For Leave to Reopen Discovery for a Limited Purpose

October 4, 2005

• Respondent Dennis Gay's Joinder in Respondents' Motion for Leave to Add an Expert Witness and to Reopen Discovery for a Limited Purpose

September 30, 2005

• Respondent Daniel B. Mowrey's Joinder in Respondents' Motion for Leave to Add an Expert Witness and to Reopen Discovery for a Limited Purpose

September 29, 2005

• Respondents' Motion for Leave to Add an Expert Witness and to Reopen Discovery for a Limited Purpose

September 20, 2005

• Order Granting Respondents' Motion for Extension of Time (With Respect to Proposed Stipulations of Fact, Law and Authenticity, and Deposition Designations)
• Complaint Counsel Notice of Appearance

September 19, 2005

• Respondents' Unopposed Motion for Extension of Time

September 16, 2005

• Declaration of Ronald F. Price in Opposition to Complaint Counsel's Motion for Sanctions
• Declaration of Daniel B. Mowrey, Ph.D. in Opposition to Complaint Counsel’s Motion for Sanctions
• Respondent Daniel B. Mowrey's Memorandum Opposing Complaint Counsel’s Motion for in Camera Review and for Sanctions

September 12, 2005

• Order Granting Respondents' Motion for Extension of Time

September 8, 2005

• Complaint Counsel's Motion for in Camera Review, Sanctions, and Other Relief for Dr. Mowrey’s Continued Refusal to Produce All Expert-Related Documents (Expedited Response Requested)

September 6, 2005

• Order On Deposition of Dr. Mowrey

August 29, 2005

• Order Extending One Year Deadline for Filing the Initial Decision

August 9, 2005

• Order Denying Respondent Gay's Motion for Reconsideration
• Order on Complaint Colunsel's Motion to Compel Production of Dr. Mowrey's Expert-Related Documents

August 4, 2005

• Second Revised Scheduling Order

July 7, 2005

• Order Granting Respondent's Unopposed Motion for Extension of Time to Respond to Complaint Counsel's Motion to Compel Production of Dr. Mowrey's Expert-Related Documents

June 27, 2005

• Order Denying Complaint Counsel's Motion for Partial Summary Decision

June 22, 2005

• Order Granting Complaint Counsel's Unopposed Motion for Extension of Time to File Public Versions of Complaint Counsel's Motion to Compel Production of Dr. Mowrey's Expert-Related Documents and Complaint Counsel's Opposition to Respondent Friedlander's Motion to Dismiss

June 17, 2005

• Commission Order Imposing Certain Procedural Restrictions But Otherwise Denying Respondents' Contempt Motion, Granting in Part and Denying in Part Respondents' Electronic Files Motion, Denying Respondents' Discovery Motion, and Lifting the Stay of This Proceeding

April 8, 2005

• Respondents' Response to Order to Show Cause (Amended public version of March 16, 2005 filing.)
• Respondents' Motion for Order to Show Cause Why Complaint Counsel Should Not Be Held in Contempt (Amended public version of March 8, 2005 filing.)

April 6, 2005

• Order Issued by Chief Judge McGuire Certifying Motions to Commission and Staying Proceedings

April 5, 2005

• Complaint Counsel's Amended Consolidated Opposition to Respondents' Motion for Order to Show Cause Why Complaint Counsel Should Not Be Held in Contempt and Respondents' Motion for Leave to Take Discovery (Amended public version of March 21, 2005 filing.)

April 4, 2005

• Complaint Counsel's Amended Supplemental Response to Respondents' Emergency Motion Requiring the Commission to Provide Respondents with Electronic Files (Amended public version of February 25, 2005 filing.)
• Complaint Counsel's Amended Partial Response to Respondents' Emergency Motion Requiring the Commission to Provide Respondents with Electronic Files (Amended public version of February 18, 2005 filing.)

March 29, 2005

• Order Requiring Amended Pleadings

March 22, 2005

• Motion for Leave to Take Discovery Regarding Complaint Counsel's Violation of the Protective Order

March 9, 2005

• Order for Respondents to Show Cause

March 4, 2005

• Reply to Complaint Counsel's Partial and Supplemental Responses to Respondents' Emergency Motion Requiring the Commission to Provide Respondents with Electronic Files and Request for Expedited Ruling

February 22, 2005

• Order on Respondents' Request for Expedited Briefing
• Respondents' Emergency Motion Requiring the Commission to Provide Respondents with Electronic Files Showing Who Accessed Respondents' Confidential Information While it Was on the Commission's Website - Expedited Briefing Requested

February 7, 2005

• Complaint Counsel's Motion for Partial Summary Decision

January 27, 2005

• Respondents' Emergency Motion to Strike Dr. Robert Eckel and Dr. Steven Heymsfield as Petitioner's Expert Witnesses and for Sanctions and Other Relief - Expedited Briefing and Decision Requested [PDF 15.9M]

January 19, 2005

• Order on Complaint Counsel's Motion to Compel a Document from Respondents' Testifying Expert Solan [PDF 320K]
• Order Granting Joint Motion for Extension of Time to File Motions for Summary Decision and Responses to Motions for Summary Decision [PDF 60K]

January 18, 2005

• Complaint Counsel and Respondents' Joint Motion for Extension of Time to File Motions for Summary Decision and Responses to Motions for Summary Decision [PDF 240K]

January 6, 2005

• Respondent Dennis Gay's Memorandum in Opposition to Complaint Counsel's Motion to Compel [PDF 264K]

December 29, 2004

• Order on Complaint Counsel's Motion to Compel Production of Documents and Answers to Interrogatories [ PDF 268KB]
• Order Granting Complaint Counsel's Motion to Compel Complete Privilege Logs and Granting Complaint Counsel's Unopposed Motion for Extension of Time to File a Complete Privilege Log [PDF 188KB]
• Respondents' Second Unopposed Motion to Extend Time to File Response to Complaint Counsel's Motion to Compel [PDF 399K]

December 27, 2004

• Respondents' Opposition to Complaint Counsel's Motion to Compel Production of Documents and Answers to Interrogatories (Corrected) [PDF 1.95M]
• Notice of Filing Corrected Opposition to Complaint Counsel's Motion to Compel Production of Documentary Materials and Answers to Interrogatories [PDF 95K]

December 23, 2004

• Respondents' Opposition to Complaint Counsel's Motion to Compel Production of Documents and Answers to Interrogatories [PDF 2.16M]

December 22, 2004

• Unopposed Motion to Extend Time to File Response to Complaint Counsel's Motion to Compel Production of Respondents' Testifying Expert Lawrence Solan's Documents [PDF 165K]

December 20, 2004

• Respondents' Reply to Complaint Counsel's Motion to Compel Privilege Log [PDF 174K]

December 16, 2004

• Respondents' Unopposed Amended Motion to Extend Time to File Response To Complaint Counsel's Motion to Compel [PDF 110K]

December 15, 2004

• Respondents' Unopposed Motion to Extend Time to File Response to Complaint Counsel's Motion to Compel [PDF 111K]

December 14, 2004

• Complaint Counsel's Unopposed Motion for Extension of Time To File a More Complete Privilege Log [PDF 138K]

December 13, 2004

• Complaint Counsel's Motion to Compel Production of Documentary Materials And Answers to Interrogatories [PDF 264K]
• Complaint Counsel's Motion to Compel Production of Respondents' Testifying Expert Lawrence Solan's Document [PDF 1.71M]

December 9, 2004

• Order on Complaint Counsel's Second Motion for Protective Order [PDF 492K]

December 7, 2004

• Complaint Counsel's Motion to Compel Respondents' Production of Privilege Logs That Comply with Rule of Practice 3.38A [PDF 400K]
  • Exhibits [PDF 5.7M]

December 2, 2004

• Respondents' Opposition to Complaint Counsel's Motion For Protective Order [PDF 542K]

December 1, 2004

• ALJ's Order Granting Complaint Counsel's Unopposed Motion for Extension of Time to File Responses to First Set of Interrogatories Propounded by Respondents Gay and Friedlander [PDF 47K]
• ALJ's Order Granting Basic Research' s Fourth Motion to Compel [PDF 114K]
• Respondents' Second Unopposed Motion for Extension of Time To Provide Expert Report of Daniel B. Mowrey, Ph.D., and for Complaint Counsel to Identify Rebuttal Expert and Provide Rebuttal Expert Report Rebutting Matters Set Forth in the Expert Report of Daniel B. Mowrey, Ph.D [PDF 151K]
• Complaint Counsel's Response to Respondent Pro Se Respondent Friedlander's First Request for Production of Documents [PDF 439K]
• Complaint Counsel's Response to Respondent Dennis Gay's First Set of Requests for Production [PDF 358K]
• Complaint Counsel's Response to Respondent Dennis Gay's Requests for Admissions [PDF 2.9M]

November 30, 2004

• ALJ's Order Denying Basic Research's Third Motion to Compel [PDF 181K]
• ALJ's Order on Respondents' Unopposed Motion for Extension of Time to Provide Expert Report of Daniel B. Mowrey, Ph.D. and for Complaint Counsel to Identify Rebuttal Expert and Provide Rebuttal Expert Report [PDF 51K]
• Expert Report of Lawrence M. Solan [PDF 4.5M]

November 29, 2004

• Complaint Counsel's Unopposed Motion for Extension Of Time to File Responses to Respondent Gay's First Set of Interrogatories and Respondent Friedlander's First Set of Interrogatories [PDF 157K]
• Revised Certificate of Service to Complaint Counsel's Opposition to Basic Research’s Motion to Compel Proper Privilege Log [PDF 46K]

November 26, 2004

• Complaint Counsel's Opposition to Basic Research’s Motion to Compel Proper Privilege Log [PDF 1.87M]

November 24, 2004

• Complaint Counsel's Opposition to Basic Research's Motion to Compel [PDF 1.86M]
• Complaint Counsel's Supplemental Response to Basic Research's First Request for Admissions [PDF 122K]

November 23, 2004

• Respondents’ Unopposed Motion for Extension of Time to Provide Expert Report of Daniel B. Mowrey, Ph.D., and for Complaint Counsel to Identify Rebuttal Expert and to Provide Rebuttal Expert Report Rebutting Matters Set Forth in the Expert Report of Daniel B. Mowrey, Ph.D. [PDF 171K]

November 22, 2004

• ALJ's Order on Complaint Counsel's Motions for Extension of Time To File Responses to Respondent Gay's Discovery Requests, Respondent Basic Research's Third Motion to Compel, and Respondent Friedlander' s Discovery Requests [PDF 84K]
• AlJ's Order Denying Complaint Counsel's Motion for Protective Order To Limit Respondents' Discovery Or, in the Alternative To Clarify the Scheduling Order [PDF 182K]

November 19, 2004

• Complaint Counsel's Unopposed Motion for Extension of Time to Respond to Respondent Friedlander's Discovery Requests [PDF 149K]

November 18, 2004

• Complaint Counsel's Motion for Protective Order (and Exhibits) [PDF 9.3M]

November 16, 2004

• Pro Se Respondent Friedlander's Notice of Adoption of Respondents Basic Research, LLC, A.G. Waterhouse, LLC, Kleinbecker USA, LLC, Nutrasport, LLC, Sovage Dermalogic Laboratories, LLC, Dennls Gay and Daniel Mowrey's Respective Responses to Complaint Counsel's Motion for Protective Order To Limit Respondents' Discovery Or, in the Alternative, to Clarify Scheduling Order [PDF 356K]
• Respondents' Opposition to Complaint Counsel's Motion For Extension of Time to File Responses to Respondent Dennis Gay's Discovery and To Respond to Basic Research's Motion To Compel [PDF 272K]
• Basic Research, L.L.C., A.G. Waterhouse, L.L.C., Klein-Becker USA L.L.C., Nutrasport, L.L.C. and
  Sovage Dermalogic Laboratories, L.L.C.'s Notice of Adoption of Respondents Dennis Gay and Daniel Mowrey's Respective Responses to Complaint Counsel's Motion for Protective Order to Limit Respondents' Discovery or, in the Alternative, To Clarify Scheduling Order [PDF 448K]

November 15, 2004

• Respondent Daniel B. Mowrey's Response to Complaint Counsel's Motion for Protective Order to Limit Respondents' Discovery Or, in the Alternative, to Clarify Scheduling Order [PDF 953K]
• Respondent Dennis Gay's Reply Memorandum In Opposition to Complaint Counsel's Motion for Protective Order to Limit Respondent's Discovery Or, in the Alternative, to Clarify Scheduling Order [PDF 213K]

November 12, 2004

• Respondent Basic Research LLC's Motion to Compel Proper Privilege Log [PDF 209K]
• Complaint Counsel's [Corrected] Motion for Extension of Time To File Responses to Respondent Dennis Gay's Discovery and To Respondent Basic Research's Motion to Compel [PDF 172K]

November 10, 2004

• Complaint Counsel's Motion for Extension of Time To File Responses to Respondent Dennis Gay's Discovery and To Respondent Basic Research's Motion to Compel [PDF 149K]

November 9, 2004

• Order Requiring Expedited Response To Complaint Counsel's Motion For Protective Order To Limit Respondents' Discovery [PDF 118K]

November 8, 2004

• Order On Basic Resarch's Second Motion To Compel [PDF 118K]
• Complaint Counsel's Requests for Admissions [PDF 377K]
• Complaint Counsel's Motion for Protective Order to Limit Respondents' Discovery Or, in the Alternative, to Clarify Scheduling Order [PDF 5.4M]

November 4, 2004

• Respondent Dennis Gay's First Set of Interrogatories [PDF 392K]
• Order on Complaint Counsel's Motion to Strike Respondents' Additional Defenses [PDF 654K]
• Order Denying Basic Research's Motion to Compel [PDF 406K]
• Basic Research, LLC's Motion to Compel [PDF 2.7M]
• Response to Complaint Counsel's Second Set of Interrogatories [PDF 3.4M]

November 3, 2004

• Complaint Counsel's Memorandum in Opposition to Respondent Basic Research's Second Motion to Compel [PDF 4.3M]

October 29, 2004

• Complaint Counsel's Supplemental Brief in Support of Pending Motion to Strike Respondents' Additional Defenses [PDF 2.65M]
• Complaint Counsel's Response to Daniel B. Mowrey's First Request for Admissions [PDF 903K]

October 28, 2004

• Respondents' Supplemental Brief Opposing Complaint Counsel's Motion to Strike Respondents' Additional Defenses [PDF 2.1M]

October 26, 2004

• Order on Complaint Counsel's Motion to Stay Response to Parts of Respondents' Second Motion to Compel and for Extension of Time to Respond to Respondents' Second Motion to Compel [PDF 78KB]

October 25, 2004

• Basic Research, LLC's Opposition to Complaint Counsel's Motion to Stay Response to Parts of Respondent's Second Motion to Compel Related to Pending Motion to Strike Defenses, and Opposed Motion for Extension of Time to Respond to the Rest of the Second Motion to Compel [PDF 275K]

October 21, 2004

• Complaint Counsel's Opposed Motion to Stay Response to Parts of Respondent's Second Motion to Compel Related to Pending Motion to Strike Defenses, and Opposed Motion for Extension of Time to Respond to the Rest of the Second Motion to Compel [PDF 260K]

October 18, 2004

• ALJ's Order on Respondents' Request for Oral Argument Or, in the Alternative, for Permission to File a Sur-reply and Ordering Supplemental Briefing [PDF 93K]
• ALJ's Order on Respondents' Motion for Enlargement of Time to Provide Transcribed Testimony [PDF 201K]
• Notice of Appearance and Declaration of Todd M. Malynn [PDF 114K]
• ALJ's Order Requiring Expedited Response [PDF 67K]

October 15, 2004

• Request for Enlargement of Time to Provide Transcribed Testimony [PDF 396K]
• Complaint Counsel's Unopposed Motion for Extension of Time to File Responses to Respondent Mowrey's Discovery [PDF 189K]

October 14, 2004

• Notice of Filing of Proposed Order [PDF 99K]

October 13, 2004

• Basic Research, LLC's Second Motion to Compel [PDF 1.5M]

October 12, 2004

• ALJ's Order Granting Joint Motion for Enlargement of Time [PDF 61K]

October 4, 2004

• Complaint Counsel's Opposition to Basic Research's Motion to Compel [PDF 2.4M]

October 1, 2004

• Complaint Counsel's Opposition to Respondents' Request For Permission to File a Sur-Reply [PDF 140K]

September 29, 2004

• Respondents' Request for Oral Argument or, in the Alternative, for Permission to File a Sur-Reply [PDF 167K]

September 28, 2004

• Complaint Counsel's Reply to Respondents' Opposition to Motion to Strike Respondents' "Additional Defenses" [PDF 1.9M]

September 23, 2004

• Complaint Counsel's Unopposed Motion for Extension of Time to File Opposition to Motion to Compel [PDF 118K]

September 21, 2004

• Order Grating Complaint Counsel's Motion to Submit Reply to Respondents' Opposition to Pending Motion To Strike Respondents' Additional Defenses [PDF 44K]
• Stipulated Request For Enlargement of Time [PDF 478K]

September 16, 2004

• Notice of Non-Objection to Complaint Counsel's Motion to Submit Reply to Respondents' Opposition to Pending Motion to Strike Respondents' Additional Defenses [PDF 163K]
• Notice of Correction [PDF 405K]

September 15, 2004

• Order Requiring Expedited Response [PDF 42K]

September 13, 2004

• Complaint Counsel's Motion for Leave to Submit Reply to Respondents' Opposition to Pending Motion to Strike Respondents' "Additional Defenses" [PDF 543K]

September 10, 2004

• Respondent Basic Research, LLC's Notice of Correction [PDF 93K]

September 9, 2004

• Basic Research LLC’s First Request for Admissions [PDF 222K]
• Respondents’ Opposition to Complaint Counsel’s Motion to Strike Respondents’ Additional Defenses [PDF 1.3M]
• Basic Research, LLC’s Motion to Compel [PDF 1.4M]
• Respondents’ Preliminary Witness List [PDF 224K]

September 8, 2004

• Order Granting Respondent's Second Motion for Extension of Time to File Response to Motion to Strike [PDF 44K]

September 1, 2004

• Agreed Motion to Extend Time to File Response to Complaint Counsel's Motion to Strike Respondents' Additional Defenses [PDF 101K]

August 30, 2004

• Order Granting Respondents' Motion for Extension of Time to File Response to Motion to Strike [PDF 41K]
• Order Granting Respondent's Motion for Extension of Time to File Responses to Interrogatories [PDF 42K]

August 27, 2004

• Complaint Counsel's Response to Basic Research LLC's First Request for Admissions [PDF 330K]

August 25, 2004

• Order Granting Complaint Councel's Motion of Extenstion of Time to File Responses to Interrogatories [PDF 40K]

August 23, 2004

• Complaint Counsel's Motion for Extension of Time To File Responses to Interrogatories [PDF 122K]

August 20, 2004

• Complaint Counsel's Motion to Strike Respondents' "Additional Defenses" [PDF 1M]
  • Attachments to Motion [PDF 1M]

August 18, 2004

• Order on Respondents' Motion to Quash in Part and to Limit Subpoenas to Non-Parties [PDF 147K]

August 17, 2004

• Order Denying Motions for Interlocutory Appeal and Motion to Certify [PDF 261K]

August 16, 2004

• Response of Respondent Dennis Gay to Complaint Counsel’s First Set of Interrogatories [PDF 32K]

August 12, 2004

• Respondents' Request for Enlargement of Time [PDF 120K[

August 11, 2004

• Protective Order Governing Discovery Material [PDF 619K]
• Scheduling Order [PDF 293K]

August 10, 2004

• Respondents' Initial Disclosures [PDF 318K]

August 9, 2004

• Respondents' Initial Disclosures [PDF 136K]
• Respondent Mitchell K. Friedlander's Initial Disclosures [PDF 451K]
• Respondents' Notice of Appearance [PDF 226K]
• Respondents' Notice of Appearance [PDF 100K]
• Respondent Daniel B. Mowrey’s Initial Disclosures [PDF 188K]

August 5, 2004

• Notice of Withdrawal of Appearance [PDF 75K]

August 3, 2004

• Complaint Counsel’s Opposition to Respondents’ Motions for Interlocutory Appeal and Pro Se Respondent Friedlander’s Motion for Certification [PDF 43K]
  • Exhibit 1[PDF 295K]
  • Exhibit 2 [PDF 789K]

August 2 , 2004

• Order on Prehearing Conference [PDF 38K]

July 30, 2004

• Answer of Respondent Dennis Gay [PDF 352K]
• Answer and Grounds of Defense of Respondent Basic Research, LLC [PDF 452K]
• Answer and Grounds of Defense of Respondent A.G. Waterhouse, LLC [PDF 356K]
• Answer and Grounds of Defense of Respondent Sovage Dermalogic Laboratories, LLC [PDF 347K]
• Answer and Grounds of Defense of Respondent Nutrasport, LLC [PDF 324K]
• Answer and Grounds of Defense of Respondent Klein-Becker USA, LLC [PDF 358K]
• Answer and Grounds of Defense of Respondent BAN, LLC[PDF 442K]
• Answer of Respondent Mitchell K. Friedlander [PDF 381K]
• Answer of Respondent Daniel B. Mowrey [PDF 370K]

July 28, 2004

• Order Reassigning Matter to Administrative Law Judge Stephen J. McGuire [PDF 40K]
• Respondents' Notice of Appearance [PDF 94K]

July 27, 2004

• Certain Respondents' Motion for Interlocutory Appeal [PDF 258K]
• Motion re Certification Or, Alternatively, for an Interlocutory Appeal [PDF367K]

July 22, 2004

• Order Granting Motion for Extension in the matter of Basic Research [PDF 49K]

July 20, 2004

• Order Denying Motions for a More Definite Statement and Motion to Dismiss the Complaint for Lack of Definiteness [PDF 242K]
• Respondents' Notice of Appearance [PDF 138K]

July 19, 2004

• Complaint Counsel's Opposition to Respondents' Motions to Submit Replies [PDF 210K]
• Respondents' Notice of Appearance [PDF 119K]
• Respondents' Motion to Quash in Part and to Limit Subpoenas on Non-Parties [PDF 565K]

July 16, 2004

• Request for Enlargement of Time [PDF 108K]
• Respondents' Notice of Appearance [PDF 113K]

July 15, 2004

• Respondents' Notice of Appearance [PDF 132K]

July 13, 2004

• Respondent Mitchell K. Friedlander's Reply to Complaint Counsel's Opposition to Respondents' Motions for a More Definite Statement and Motion for Leave to File Same [PDF 214K]
• Respondents’ Reply to Complaint Counsel’s Opposition to Respondents’ Motion for a More Definite Statement [PDF 58K]
• Respondents’ Motion to Submit Reply to Complaint Counsel’s Opposition to Respondents’ Motion for a More Definite Statement [PDF 54K]

July 12, 2004

• Complaint Counsel's Notice of Appearance [PDF 58K]

July 8, 2004

• Complaint Counsel's Opposition to Respondents' Motions For a More Definite Statement [PDF 559K]
  • Attachment 1[PDF 1.3M]
  • Attachment 2 [PDF 273K]
  • Attachment 3 [PDF 4.6M]

July 6, 2004

• Respondent Mitchell K. Friedlander's Motion to Dismiss Complaint for Lack of Definiteness [PDF 303K]
• Complaint Counsel's Notice of Appearance [PDF 34K]

June 28, 2004

• Respondent Mitchell K. Friedlander Joinder and Motion for a More Definite Statement [PDF 230K]
• Respondent Mitchell K. Friedlander Notice of Appearance [PDF 42K]
• Respondent’s Motion for a More Definite Statement [PDF 29K]
• Respondent’s Counsel Notice of Appearance [PDF 306K]

June 25, 2004

• Complaint Counsel's Notice of Appearance [PDF 36K]

June 23, 2004

• Order Designating Administrative Law Judge [PDF 38KB]

June 16, 2004

• Text of the Administrative Complaint [PDF 59KB]
  • Exhibits A-L [PDF 3MB]
• News Release