(ft. CAUSE ~o£ACTION Advocates for Government Accountability

A 501(c)(3) Nonprofit Corporation

VIA E-MAIL AND FIRST -CLASS MAIL

The Honorable D. Michael Chappell Chief Administrative Law Judge Federal Trade Commission

November 12, 2013

600 Pennsylvania Ave., NW, Rm. H-110 Washington, D.C. 20580

Re: Amended Certificate of Service for Respondent LabMD, Inc. s Motion for a Protective Order

Dear Chief Administrative Law Judge Chappell:

I write to inform you that, despite good-faith efforts, we were unable to serve Complaint Counsel via e-mail with Respondent LabMD, Inc.'s Motion for a Protective Order and supporting exhibits (collectively "LabMD's Motion for a Protective Order") on November 5, 2013, the date on which those documents were filed in paper form in Room H-113 of the Office of the Secretary. Courtesy copies of LabMD's Motion for a Protective Order were sent via e-mail to you and the Secretary, and Complaint Counsel was served via e-mail and courier service with LabMD's Motion for a Protective Order, the following day, November 6, 2013. Accordingly, please find enclosed along with this letter an Amended Certificate of Service reflecting the correct date on which LabMD's Motion for a Protective Order was served on Complaint Counsel via email and sent via courier service.

I regret and sincerely apologize for any inconvenience that this may have caused.

Respectfully submitted,

./k: k~ ........... Michael D. Pepson

Cause of Action 1919 Pennsylvania Ave., NW, Suite 650 Washington, D.C. 20006 Phone: 202.499.4232 Fax: 202.330.5842 Email: michael.pepson@causeofaction.org Admitted only in Maryland. Practice limited to cases in federal court and administrative proceedings before federal agencies.

Enclosed: Amended Certificate of Service

~mcauseOfAction • :

1919 Pennsylvania Ave, NW Suite 6so

Washington, DC 20006 202.499·4232

PUBLIC

11 12 2013

PUBLIC

AMENDED CERTIFICATE OF SERVICE FOR RESPONDENT LabMD, INC.'S MOTION FOR A PROTECTIVE ORDER

I hereby certify that on November 5, 2013, I hand-delivered the paper original of the foregoing document to:

Donald S. Clark, Esq. Secretary Federal Trade Commission 600 Pennsylvania Ave., NW, Rm. H-113 Washington, DC 20580

I also certify that on November 6, 2013, I delivered via electronic mail and sent via courier service a copy of the foregoing document to:

The Honorable D. Michael Chappell Chief Administrative Law Judge Federal Trade Commission 600 Pennsylvania Ave., NW, Rm. H-110 Washington, DC 20580

I further certify that on November 6, 2013, I delivered via electronic mail and sent via courier service a copy of the foregoing document to:

Alain Sheer, Esq. Laura Riposo VanDruff, Esq. Megan Cox, Esq. Margaret Lassack, Esq. Ryan Mehm, Esq. Division of Privacy and Identity Protection Federal Trade Commission 600 Pennsylvania Ave., N.W. Mail Stop NJ-8122 Washington, D.C. 20580

Dated: November 11, 2013 By: (!_~~A___ Catherine Chae

PUBLIC

PUBLIC

CERTIFICATE OF SERVICE

I hereby certify that on November 12, 2013, I filed the foregoing document electronically using the FTC's E-Filing System, which will send notification of such filing to:

Donald S. Clark, Esq. Secretary Federal Trade Commission 600 Pennsylvania Ave., NW, Rm. H-113 Washington, DC 20580

I also certify that I delivered via electronic mail and first-class mail a copy of the foregoing document to:

The Honorable D. Michael Chappell Chief Administrative Law Judge Federal Trade Commission 600 Pennsylvania Ave., NW, Rm. H-110 Washington, DC 20580

I further certify that I delivered via electronic mail and first-class mail a copy of the foregoing document to:

Alain Sheer, Esq. Laura Riposo VanDruff, Esq. Megan Cox, Esq. Margaret Lassack, Esq. Ryan Mehm, Esq. Division of Privacy and Identity Protection Federal Trade Commission 600 Pennsylvania Ave., N.W. Mail Stop NJ-8122 Washington, D.C. 20580

CERTIFICATE FOR ELECTRONIC FILING

I certify that the electronic copy sent to the Secretary of the Commission is a true and correct copy of the paper original and that I possess a paper original of the signed document that is available for review by the parties and the adjudicator.

~-By: ______________Dated: November 12, 2013 Michael D. Pepson

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