Daniel Chapter One, and James Feijo individually and as an officer of Daniel Chapter One, In the Matter of

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Last Updated

June 1, 2010

In the Matter of Daniel Chapter One, a corporation and James Feijo, individually, and as an officer of Daniel Chapter One

FTC Matter/File Number

082-3085

Docket Number

9329

Case Summary

There is a related federal proceeding.

Case Timeline

June 1, 2010

Respondents Notice of Compliance (182.65 KB)

May 6, 2010

Commission Order Granting Joint Motion To Correct Transcript of Oral Argument (109.79 KB)

Final Transcript of December 3, 2009 Oral Argument (141.47 KB)

April 26, 2010

Commission Order Ruling OnRespondents' Motion ForExtension of Time To Fully Comply With Paragraph V.A. of Modified Final Order (157.65 KB)

April 13, 2010

Respondents' Motion for Extension of Time To Fully Comply with Paragraph V.A. of Modified Final Order. (140.29 KB)

March 30, 2010

Joint Motion to Correct the December 3, 2009, Oral Argument Transcript - Public (150.34 KB)

March 22, 2010

Commission Order Denying Respondents' Application For Stay of Modified Final Order Pending Petition For Review (189.53 KB)

March 10, 2010

Respondents' Reply to Complaint Counsel's Opposition to Respondents' Application for Stay of Modified Final Order Pending Petition for Review - Public (1.11 MB)

March 4, 2010

Complaint Counsel's Opposition to Respondents' Application for Stay of Modified Final Order Pending Petition for Review (712.52 KB)

February 25, 2010

Respondents' Application For Stay of Modified Final Order Pending Judicial Review (4.26 MB)

January 25, 2010

Modified Final Order (176.98 KB)

Order Ruling on Respondents Petition for Reconsideration of Final Order (158.08 KB)

Complaint Counsel's Opposition to Respondents' Petition for Reconsideration of Final Order - Public (190.55 KB)

January 19, 2010

Respondents' Petition for Reconsideration of Final Order - Public (328.98 KB)

January 11, 2010

Notice of Appearance Filed by Herbert W. Titus, William J. Olson, John S. Miles, and Jeremiah L. Morgan of William J. Olson, P.C. Counsel for Daniel Chapter One and James Feijo (155.23 KB)

December 24, 2009

Opinion of the Commission, By Commissioner J. Thomas Rosch For A Unanimous Commission (297.32 KB)

Final Order (169.14 KB)

PRESS RELEASE: Commission Upholds Judges Ruling Against Marketers of Bogus Cancer Cures

December 24, 2009

Opinion of the Commission, By Commissioner J. Thomas Rosch For A Unanimous Commission (297.32 KB)

Final Order (169.14 KB)

PRESS RELEASE: Commission Upholds Judges Ruling Against Marketers of Bogus Cancer Cures

December 1, 2009

Complaint Counsel's Exhibits for the Oral Argument on December 3, 2009 - Public (956.01 KB)

November 16, 2009

Commission Order Regarding Oral Argument in the Matter of Daniel Chapter One and James Feijo (443.4 KB)

November 4, 2009

Respondent's Reply Brief - Public (3.83 MB)

October 20, 2009

Answering Brief of Counsel Supporting the Complaint - Public (3.19 MB)

October 16, 2009

Commission Order Denying Motion to Reschedule Oral Argument in the Matter of Daniel Chapter One and James Feijo (78.12 KB)

October 15, 2009

Complaint Counsel's Unopposed Motion to Reschedule Oral Argument - Public (174.96 KB)

October 13, 2009

Commission Notice Scheduling Oral Argument (109.04 KB)

October 2, 2009

Commission Order Granting Respondents' Motion To Extend the Deadline For Submission of Respondents' Reply Brief Until November 4, 2009 (106.53 KB)

October 1, 2009

Respondents' Motion for Leave to File Reply Brief No Later than November 4, 2009 - Public (171.71 KB)

September 21, 2009

Commission Order Granting Joint Motion For Leave To File Respondents' Corrected Appeal Brief and Set Due Date For Complaint Counsel's Answering Brief (106.21 KB)

September 18, 2009

Respondents' Appeal Brief - Corrected (4.18 MB)

Joint Motion for Leave to File Respondents' Corrected Appeal Brief and Set Due Date for Complaint Counsel's Answering Brief (48.97 KB)

September 14, 2009

Respondent's Appeal Brief (Corrected Appeal Brief Filed by Respondent's on September 18, 2009) (4.36 MB)

August 21, 2009

Respondents' Notice of Appeal - Public (97.52 KB)

August 11, 2009

Initial Decision byChief Administrative Law Judge D. Michael Chappell, Filed onAugust 5, 2009 (6.17 MB)

PRESS RELEASE: Judge Upholds FTC Staff Complaint Against Marketers of Bogus Cancer Cures

June 24, 2009

Administrative Law Judge's Order Granting Respondents' Motion for Leave to Amend (55.4 KB)

June 23, 2009

Respondent's Stipulated Motion for Leave to Amend Their Reply to Complaint Counsel's Proposed Findings of Fact - Public (662.99 KB)

June 11, 2009

Complaint Counsel's Post-Trial Reply Brief - Public (1.61 MB)

Respondents' Reply to Complaint Counsel's Proposed Findings of Fact and Brief in Support Thereof - Public (6.88 MB)

June 9, 2009

Administrative Law Judge's Order Resetting Closing Arguments (21.77 KB)

June 1, 2009

Errata to Respondents' Proposed Findings of Fact - Public (169.05 KB)

May 28, 2009

Respondents' Proposed Findings of Fact, Conclusions of Law and Order and Brief in Support Thereof - Public (2.21 MB)

Complaint Counsel's Post Trial Brief - Public (4.91 MB)

May 7, 2009

Administrative Law Judge's Order Closing Hearing Record and Setting Closing Arguments (42.95 KB)

Administrative Law Judge's Order Granting Motion to Include Exhibit in Hearing Record (53.5 KB)

May 6, 2009

Complaint Counsel and Respondents' Stipulated Motion to Include Exhibit in Hearing Record - Public (11.76 MB)

May 5, 2009

Administrative Law Judge's Order Denying Respondents' Motion for Rule 3.23(b) Certification for Interlocutory Appeal (428.01 KB)

April 29, 2009

Complaint Counsel's Opposition to Respondent's Motion for a Rule 3.23(b) Determination - Public (489.64 KB)

Administrative Law Judge's Order on Post Trial Briefs (219.33 KB)

April 27, 2009

Administrative Law Judge's Order Memorializing Bench Rulings on Jurisdiction, Respondents' Motion to Dismiss, Motions for Summary Decision, and Respondents' Motion for Stay Pending Interlocutory Appeal (111.07 KB)

April 23, 2009

Respondents' Motion for a Rule 3.23(b) Determination Authorizing Respondents to Immediately Appeal the Denial of Respondents' Motion to Dismiss for Lack of Jurisdiction - Public (368.74 KB)

April 20, 2009

Administrative Law Judge's Order on Stipulation Regarding the Authenticity of Exhibits (42.16 KB)

Administrative Law Judge's Order Denying Respondents' Motion in Limine to Exclude Testimony from Oppie and Certain Exhibits (304.82 KB)

Administrative Law Judge's Order Denying Respondents' Motion in Limine to Preclude Complaint Counsel from Introducing at Trial the Testimony of Dr. Denis R. Miller (303.78 KB)

Administrative Law Judge's Order on Complaint Counsel's Motion in Limine to Preclude Respondents from Introducing at Trial Evidence of Purported Consumer Satisfaction as a Defense to Liability (298.94 KB)

Administrative Law Judge's Order on Complaint Counsel's Motion in Limine to Preclude Respondents from Introducing at Trial Evidence of Respondent's "Good Faith" and Non-expert Opinions about Daniel Chapter One Products as a Defense to Liability (327.27 KB)

Administrative Law Judge's Order Denying Complaint Counsel's Motions in Limine to Exclude Opinions from Respondent's Proposed Expert Witnesses (807.66 KB)

Administrative Law Judge's Order on Complaint Counsel's Motion in Limine to Exclude Evidence Relating to Daniel Chapter One's For-profit Status (108.23 KB)

Administrative Law Judge's Order Granting Motion to Modify Final Exhibit List (220.25 KB)

Notice of Appearance Filed by Christopher B. Turner of Swankin & Turner, Counsel for Daniel Chapter One and James Feijo (56.26 KB)

Notice of Appearance Filed by Betsy E. Lehrfeld of Swankin & Turner, Counsel for Daniel Chapter One and James Feijo (55.66 KB)

April 16, 2009

Respondents' Opposition to Complaint Counsel's Motion and Memorandum to Modify Complaint Counsel's Final Exhibit List and to Introduce New Evidence to the Court on Respondents' For-profit Legal Status - Public (1.03 MB)

Signed Declaration to Accompany Respondents' Reply to Complaint Counsel's Pre-hearing Brief on Jurisdiction - Public (184.1 KB)

Respondents' Reply to Complaint Counsel's Pre-hearing Brief on Jurisdiction - Public (1.22 MB)

Complaint Counsel's Reply Pre-hearing Brief on Jurisdiction - Public (494.96 KB)

April 15, 2009

Respondents' Pre-hearing Brief - Public (1.77 MB)

Administrative Law Judge's Order Requiring Expedited Response (50.32 KB)

April 14, 2009

Complaint Counsel's Motion and Memorandum to Modify Complaint Counsel's Final Exhibit List and to Introduce New Evidence to the Court on Respondents' For-profit Legal Status - Public (520.61 KB)

Errata to Respondents' Pre-hearing Memorandum on Jurisdiction - Public (616.15 KB)

April 9, 2009

Notice of Appearance Filed by William H. Efron, Counsel for the Federal Trade Commission (73.82 KB)

April 8, 2009

Administrative Law Judges Order Granting Motion to Modify Final Exhibit List (256.4 KB)

April 7, 2009

Administrative Law Judges Order on Joint Motion and Stipulation Regarding Substitution of CX 32 (49.72 KB)

Complaint Counsel and Respondents' Motion and Stipulation Regarding Substitution of CX 32 - Public (1.27 MB)

April 6, 2009

Respondents' Reply to Complaint Counsel's Motion and Memorandum to Modify Complaint Counsel's Final Exhibit List and to Introduce New Evidence to the Court on the Issue of Respondents' Financial Condition - Public (335.14 KB)

Complaint Counsel's Motion and Memorandum to Modify Complaint Counsel's Final Exhibit List and to Introduce New Evidence to the Court on the Issue of Respondents' Financial Condition and Declaration of Theodore Zang in Support of Motion - Public (883.35 KB)

March 31, 2009

Complaint Counsel's Pre-trial Brief - Public (4.08 MB)

Administrative Law Judge's Order Requiring Briefing (72.47 KB)

Administrative Law Judge's Order Denying Respondents' Motion to Allow Additional Witnesses (122.22 KB)

March 27, 2009

Respondents' Opposition to Complaint Counsel's Motions to Exclude the Testimony and Reports of Respondents' Expert Witnesses Drs. James Duke, Sally Lamont, Rustum Roy, and Jay Lehr and Mr. James Dews - Public (1 MB)

Respondents' Opposition to Complaint Counsel's Motion to Preclude Respondents from Introducing at Trial Evidence of Purported Consumer Satisfaction as a Defense to Liability - Public (378.48 KB)

Respondents' Opposition to Complaint Counsel's Motion in Limine to Preclude Respondents from Introducing at Trial Evidence of Respondents' Good Faith and Non-expert Opinions about the DCO Products as a Defense to Liability - Public (350.57 KB)

Respondents' Opposition to Complaint Counsel's Motion in Limine to Exclude Evidence Relating to Daniel Chapter One's For-profits Status - Public (317.87 KB)

Complaint Counsel's Memorandum in Opposition to Respondents' Motion to Exclude the Expert Testimony of Expert Witness Dr. Denis R. Miller - Public (4.85 MB)

Complaint Counsel's Memorandum in Opposition to Respondents' Motions in Limine to Preclude Complaint Counsel from Introducing the Testimony of Ms. Lynne Givens Oppie at Trial, to Exclude Recordings and Transcripts of Radio Programs, Acccent Radio Network (2.18 MB)

March 23, 2009

Complaint Counsel's Memorandum in Opposition to Respondents' Motion to Allow Additional Witnesses During Respondents' Case-in-Chief - Public (268.17 KB)

March 20, 2009

Administrative Law Judge's Order on Pending Motion to Dismiss and Motions for Summary Decision (59.13 KB)

Administrative Law Judge's Order Setting Hearing on Jurisdiction and Revising Scheduling Order (525.94 KB)

Respondents' Stipulated Motion for Leave to Amend Their Opposition to Complaint Counsel's Motion for Summary Decision - Public (283.86 KB)

March 17, 2009

Respondents' Motions in Limine to Preclude Complaint Counsel from Introducing the Testimony of Ms. Lynne Givens Oppie at Trial, to Exclude Recordings and Transcripts of Radio Programs, Accent Radio Network Web Page, and Respondents' Educational Material (29.11 MB)

Respondent's Motion in Limine to Preclude Complaint Counsel from Introducing at Trial the Testimony of Dr. Denis R. Miller and Memorandum in Support - Public (6.21 MB)

Complaint Counsel's Motion in Limine and Memorandum in Support to Preclude Respondents from Introducing at Trial Evidence of Purported Consumer Satisfaction as a Defense to Liability - Public (1.09 MB)

Complaint Counsel's Motion in Limine and Memorandum in Support to Exclude Evidence Relating to Daniel Chapter One's For-profit Status - Public (2.6 MB)

Complaint Counsel's Motion and Memorandum in Support of Their Motion to Exclude the Testimony and Reports of Respondents' Expert Witnesses Rustum Roy, Jay Lehr, and Jim Dews - Public (1.26 MB)

Complaint Counsel's Motion and Memorandum in Support of Their Motion to Exclude the Testimony and Report of Respondents' Expert Witness James Duke - Public (1.21 MB)

Complaint Counsel's Motion and Memorandum in Support of Their Motion to Exclude the Testimony and Report of Respondents' Expert Witness Sally Lamont - Public (2.52 MB)

March 11, 2009

Respondents' Motion to Allow Additional Witnesses During Respondents' Case-in-Chief and Argument in Support - Public (1.06 MB)

Memorandum in Opposition to Complaint Counsel's Motion for Summary Decision - Public (14.33 MB)

Complaint Counsel's Memorandum in Opposition to Respondents' Motion for Summary Decision - Public (1.29 MB)

Complaint Counsel's Counter-statement of Material Facts in Response to Respondents' Statement of Undisputed Facts in Support of Motion for Summary Decision - Public (639.95 KB)

March 9, 2009

Administrative Law Judge's Order Denying Respondents' Second Motion to Amend Answer (444.17 KB)

March 6, 2009

Complaint Counsel's Memorandum in Opposition to Respondents' Second Motion to Dismiss - Public (2.76 MB)

Complaint Counsel's Memorandum in Opposition to Respondents' Second Motion to Amend Answer - Public (683.29 KB)

March 3, 2009

Withdrawal of Second Errata for Respondents' Motion for Summary Decision, Request for Leave to Amend Respondents' Motion for Summary Decision and Argument in Support Thereof - Public (480.45 KB)

Second Errata for Respondents' Motion for Summary Decision - Public (449.27 KB)

Administrative Law Judge's Order Denying Respondents' Motion to Amend Answer (617.34 KB)

Exhibits Submitted in Support of Complaint Counsel's Motion for Summary Decision (69.92 MB)

Deposition Testimony Submitted in Support of Complaint Counsel's Motion for Summary Decision - Public (52.47 MB)

February 26, 2009

Errata for Respondents' Motion for Summary Decision - Public (2.53 MB)

February 25, 2009

Respondents' Motion to Dismiss for Lack of Jurisdiction and Violation of Respondents Constitutional Rights and Memorandum in Support - Public (917.25 KB)

Respondents' Second Motion to Amend Answer and Memorandum in Support, Sworn Statement of Counsel for Respondent, Respondents' Motion for Summary Decision and Memorandum in Support and Declaration of Michael McCormack in Support of Motion - Public (16.02 MB)

Complaint Counsel's Statement of Material Facts as to Which There Is No Genuine Issue - Public (2.94 MB)

Complaint Counsel's Motion for Summary Decision - Public (2.83 MB)

February 24, 2009

Respondents' Response to Complaint Counsel's Request for Admissions - Public (363.62 KB)

February 23, 2009

Complaint Counsel's Memorandum in Opposition to Respondent's Motion to Amend Answer - Public (550.96 KB)

Administrative Law Judges Order Denying Respondents' Motion for Reconsideration (487.26 KB)

February 13, 2009

Complaint Counsel's Memorandum in Opposition to Respondents' Motion to Reconsider Order Denying Respondents' Motion to Dismiss Complaint - Public (249 KB)

Respondent's Motion to Reconsider Order Denying Respondents' Motion to Dismiss Complaint and Supporting Memorandum of Points and Authorities - Public (499.15 KB)

February 11, 2009

Respondent's Motion to Amend Answer & Memorandum in Support - Public (522.95 KB)

Administrative Law Judge's Order Granting Complaint Counsel's Motion to Compel Answers to Interrogatories, Production of Documents and Responses to Requests for Admissions (148.68 KB)

February 10, 2009

Notice of Appearance Filed by Counsel Supporting the Complaint (53.35 KB)

February 2, 2009

January 27, 2009

Notice of Appearance Filed by Counsel Supporting the Complaint (44.16 KB)

January 21, 2009

Administrative Law Judge's Order Denying Respondents' Motion for Stay of Discovery (104.01 KB)

Administrative Law Judge's Order Amending Scheduling Order to Extend Discovery Deadline (42.91 KB)

Complaint Counsel's Memorandum in Opposition to Respondents' Motion to Dismiss - Public (3.29 MB)

Complaint Counsel and Respondents' Stipulation Extending the Discovery Deadline - Public (181.61 KB)

January 16, 2009

Complaint Counsel's Memorandum in Opposition to Respondents' Motion for Stay of Discovery - Public (293.7 KB)

January 13, 2009

Respondents' Motion for Stay of Discovery and Supporting Memorandum and Respondents' Motion to Dismiss and Supporting Memorandum of Points and Authorities - Public (2.08 MB)

January 9, 2009

Administrative Law Judge's Order on Stipulation (115 KB)

Administrative Law Judges Order Granting Complaint Counsel's Motion to Compel Production of Documents (138.52 KB)

Notice of Appearance Filed by Counsel Supporting the Complaint (67.49 KB)

December 31, 2008

Respondents' Objection and Memorandum in Opposition to Complaint Counsel's Motion to Compel Production of Documents (1.67 MB)

December 30, 2008

Respondents' Responses and Objections to Complaint Counsel's Request for Admissions - Public (337.43 KB)

Notice of Appearance Filed by Counsel for Daniel Chapter One (111.77 KB)

December 18, 2008

Respondents' First Request for Admissions - Public (474.1 KB)

December 16, 2008

Complaint Counsel's Motion and Memorandum to Compel Production of Documents - Public (1.02 MB)

October 16, 2008

Administrative Law Judge's Order on Prehearing Conference (35.67 KB)

October 11, 2008

Answer of Respondents (323.73 KB)

Notice of Appearance Filed by Counsel for Respondents (83.59 KB)

October 10, 2008

Scheduling Order (3.75 MB)

Protective Order Governing Discovery Material (2.37 MB)

September 25, 2008

Notice of Appearance Filed by Counsel Supporting the Complaint (83.21 KB)

September 18, 2008

Order Designating Administrative Law Judge (285.87 KB)

Administrative Complaint (94.78 KB)

Exhibits A - D (1.95 MB)

PRESS RELEASE:

September 18, 2008

Order Designating Administrative Law Judge (285.87 KB)

Administrative Complaint (94.78 KB)

Exhibits A - D (1.95 MB)

PRESS RELEASE:

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Daniel Chapter One, and James Feijo individually and as an officer of Daniel Chapter One, In the Matter of

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