ORIGINAL 


UNITED STATES OF AMERICA 


FEDERAL TRADE COMMISSION 


OFFICE OF ADMINISTRATIVE LAW JUDGES 


) 

In the Matter of ) 

) 

Ardagh Group S.A., ) 

a public limited liability company, and ) DOCKET NO. 9356 

) 

Saint-Gobain Containers, Inc., ) 

a corporation, and ) 

) 

Compagnie de Saint-Gobain, ) 

a corporation, ) 

Respondents. ) 

REVISED SCHEDULING ORDER 

In accordance with the September 30, 2013 Commission Order and due to the partial 

shutdown ofthe federal government from October 1-16, 2013, the remaining dates in the August 

2, 2013 Scheduling Order are hereby revised as follows: 

October 29, 2013 


November 1, 2013 


November 15, 2013 

Deadline for Complaint Counsel to provide expert witness reports. 

Complaint Counsel provides to Respondents' Counsel its final 

proposed witness and exhibit lists, including depositions or 

designated portions thereof~ copies of all exhibits (except for 

demonstrative, illustrative or summary exhibits and expert related 

exhibits), Complaint Counsel's basis of admissibility for each 

proposed exhibit, and a brief summary ofthe testimony of each 

witness. 

Complaint Counsel serves courtesy copies on ALJ ofits final 

proposed witness and exhibit lists, its basis of admissibility for 

each proposed exhibit, and a brief summary ofthe testimony of 

each witness, including its expert witnesses. 

Deadline for Respondents' Counsel to provide expert witness 

reports. Respondents' expert report shall include (without 
November 18, 2013 

November 19,2013 

November 25, 2013 

November 26, 2013 

November 26,2013 

December 3, 2013 

December 4, 2013 

December 4, 2013 

December 5, 2013 

limitation) rebuttal, if any, to Complaint Counsel's expert witness··· 

report(s). 

Respondents' Counsel provides to Complaint Counsel its final 

proposed witness and exhibit lists, including depositions or 

designated portions thereof, copies of all exhibits (except for 

demonstrative, illustrative or summary exhibits and expert related 

exhibits), Respondents' basis of admissibility for each proposed 

exhibit, and a brief summary ofthe testimony of each witness. 

Respondents' Counsel serves courtesy copies on ALJ its final 

proposed witness and exhibit lists, its basis of admissibility for 

each proposed exhibit, and a brief summary ofthe testimony of 

each witness, including its expert witnesses. 

Parties that intend to offer confidential materials of an opposing 

party or non-party as evidence at the hearing must provide notice 

to the opposing party or non-party, pursuant to 16 C.F.R. § 3.45(b). 

See Additional Provision 7. 

Exchange deposition transcript counter-designations. 

Complaint Counsel to identify rebuttal expert(s) and provide 

rebuttal expert report(s). Any such reports are to be limited to 

rebuttal ofmatters set forth in Respondents' expert reports. If 

material outside the scope offair rebuttal is presented, 

Respondents will have the right to seek appropriate relief (such as 

striking Complaint Counsel's rebuttal expert reports or seeking 

leave to submit surrebuttal expert reports on behalf of 

Respondents). 

Deadline for filing motions for in camera treatment ofproposed 

trial exhibits. 

Deadline for depositions of experts (including rebuttal experts) and 

exchange of expert related exhibits. 

Deadline for filing motions in limine to preclude admission of 

evidence. See Additional Provision 9. 

Deadline for filing responses to motions for in camera treatment of 

proposed trial exhibits. 

Deadline for filing motions for in camera treatment of proposed 

expert related exhibits. 

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December 11, 2013 

December 11, 2013 

December 11, 2013 

December 12, 2013 

December 12, 2013 

December 12, 2013 

December 13, 2013 

December 16, 2013 

December 17,2013 

December 19, 2013 

Deadline for filing responses to motions in limine to preclude 

admissions of evidence. 

Exchange and serve courtesy copy on ALJ objections to final 

proposed witness lists and exhibit lists. 

Exchange objections to the designated testimony to be presented 

by deposition and counter-designations. 

Deadline for filing responses to motions for in camera treatment of 

proposed expert related exhibits. 

Complaint Counsel files pretrial brief supported by legal authority. 

Exchange proposed stipulations of law, facts, and authenticity. 

Respondents' Counsel files pretrial brief supported by legal 

authority. 

File final stipulations oflaw, facts, and authenticity. Any 

subsequent stipulations may be offered as agreed by the parties. 

Final prehearing conference to begin at 10:00 a.m. in FTC 

Courtroom, Room 532, Federal Trade Commission Building, 600 

Pennsylvania Avenue, NW, Washington, DC 20580. 

The parties are to meet and confer prior to the conference 

regarding trial logistics and proposed stipulations of law, facts, and 

authenticity of exhibits and any designated deposition testimony. 

To the extent the parties stipulate to certain issues, the parties shall 

prepare a Joint Exhibit which lists the agreed stipulations. 

Counsel may present any objections to the final proposed witness 

lists and exhibits, including to any designated deposition 

testimony. Trial exhibits will be admitted or excluded to the extent 

practicable. To the extent the parties agree to the admission of 

each other's exhibits, the parties shall prepare a Joint Exhibit 

which lists the exhibits to which neither side objects. Any Joint 

Exhibit will be signed by each party with no signature for the judge 

required. 

Commencement ofHearing, to begin at 10:00 a.m. in FTC 

Courtroom, Room 532, Federal Trade Commission Building, 600 

Pennsylvania Avenue, NW, Washington, DC 20580. 

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All Additional Provisions to the August 2, 2013 Scheduling Order remain in effect. 

. '•,"1 

ORDERED: 

D. Michael Cliappel 

Chief Administrative Law Judge 

Date: October 18, 2013 

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