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UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

In the Matter of

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)

)

)

)

)

Docket No. 9327

Polypore International, Inc.,

a corporation. PUBLIC DOCUMENT

AMENDMENT TO RESPONDENT'S STATUS REPORT ON RESPONDENT'S

MOTIONS TO COMPEL EXIDE TECHNOLOGIES AND ENTEK INTERNATIONAL.

LLC PURSUANT TO SUBPOENAS DUCES TECUM

Respondent hereby fies an amendment to its report on the status of the production of

documents by Exide Technologies ("Exide") and ENTEK International, LLC ("ENTEK") and

the pending motions to compel fied by Respondent with respect to such subpoenas ("Status

Report").

Footnote 1 in Respondent's Status Report states that "Respondent has yet to receive any

documents from EnerSys pursuant to the subpoena." An amendment is required to correct this

statement. On Monday, February 2, 2009, a disk from EnerSys' counsel, which contained

approximately 30,000 pages of responsive documents, was received in Respondent's counsel's

offce. This disk was the first production of documents by EnerSys pursuant to Respondent's

subpoena duces tecum. EnerSys' February 2, 2009 production was inadvertently overlooked by

Respondent's counseL. Respondent's counsel was unaware of EnerSys' partial production at the

time its Status Report was fied on February 3, 2009. Respondent's counsel has not had the

opportunity to review the documents included in EnerSys' February 2,2009 production.

On Wednesday, February 04, 2009, EnerSys' counsel advised Respondent's counsel that

additional documents sought by Respondent's subpoena duces tecum would be delivered to

Respondent's counsel on Thursday, February 5, 2009. The extent or timing of additional

document productions by EnerSys, if any, is unclear at this time.

PPAB 1530594vl
Dated: February 4, 2009 Respectfully Submitted, ,

1 Ham L. Rikard, r.

Eric D. Welsh

PARKR POE ADAMS & BERNSTEIN LLP

Three Wachovia Center

401 South Tryon Street, Suite 3000

Charlotte, NC 28202

Telephone: (704) 372-9000

Facsimile: (704) 335-9689

willamikard~parkerpoe.com

ericwelsh~parkerpoe.com

Attorneys for Respondent

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PPAB 1530594vl
CERTIFICATE OF SERVICE

I hereby certify that on February 5, 2009, I caused to be fied via hand delivery and

electronic mail delivery an original and two copies of the foregoing Amendment to

Respondent's Status Report on Motions to Compel Exide Technologies and ENTEK

International, LLC, and that the electronic copy is a true and correct copy of the paper original

and that a paper copy with an original signature is being filed with:

Donald S. Clark, Secretary

Office of the Secretary

Federal Trade Commission

600 Pennsylvania Avenue, NW, Rm. H-135

Washington, DC 20580

secretary~ftc. gov

I hereby certify that on February 4, 2009, I caused to be served one copy via electronic

mail delivery and two copies via overnight mail delivery of the foregoing Amendment to

Respondent's Status Report on Motions to Compel Exide Technologies and ENTEK

International, LLC upon:

The Honorable D. Michael Chappell

Administrative Law Judge

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

oali~ftc.gov

I hereby certify that on February 4, 2009, I caused to be served via first-class mail

delivery and electronic mail delivery a copy of the foregoing Amendment to Respondent's

Status Report on Motions to Compel Exide Technologies and ENTEK International, LLC

upon:

1. Robert Robertson, Esq.

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

rrobertson~ftc.gov

Darius Ogloza, Esq.

LATHAM & WATKINS, LLP

505 Montgomery Street, Suite 2000

San Francisco, California 94111-6538

DARIUS.OGLOZA~L W.com

PPAB 1530594vl

Steven Dahm, Esq.

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

sdah~ftc. gov

Donald J. Russell, Esq.

Robbins, Russell, Englert, Orseck,

Untereiner & Sauber, LLP

1801 K Street, N.W. Suite 411

Washington, DC 20006

drussell~ro bbinsrussell.com
Brian R. Weyhrich

Parker Poe Adams & Bernstein LLP

Three Wachovia Center

401 South Tryon Street, Suite 3000

Charlotte, NC 28202

Telephone: (704) 335-9052

4

PPAB 1530594vl