CERTIFICATE OF SERVICE

I, Nada S. Sulaiman, hereby certify that on this 1st day of July, 2002, i served a
true and correet copy of Respondent's Motion for an Exertion of ‘Time, by facsimile and first-
class mail upon:

The Ilonorable James P. Timony
Administrative Law Judge
Federal Trade Commission

600 Pennsylvania Avenuc, N.W.
Washington, D.C, 20580

Richard Liebeskind

Assistant Director

Bureau of Competition

Federal ‘Trade Commission

600 Pennsylvania Avenue, N.W.
Room 8-3602

Washington, D.C. 20580

Steven L. Wilensky

Federal Trade Commission

601 Pemsylvania Avenue. N.W.
Room §-3618

Washington, D.C. 20580

a

Lids LK rs

Nast. Sulaiman “



Dated: Washington, D.C. Respectfully submitted,

July 7, 2002

as ae
Duane M. Keliey
Jeffrey A. Leon
Greg J. Miarecki
Winston & Strawn
35 W. Wacker Drive
Chicago, IL 60601-9703
(312) 558-5600 (voice)
(312) 558-5700 (fax)
dkelley@winston.com
jleon@winston.com
gmiareck@winston.com

Nada Sulaiman

Winston & Strawn

1400 L Street, N.W.
Washington, D.C. 20005
(202) 371-5700 (voice)
(202) 371-5950 (fax)
nsulaima@winston.com

Counsel for Respondents
Chicago Bridge & Iron Company N.V.
and Pitt Des-Moines, Inc,


UNITED STATES OF AMERICA
BEFORE FEDERAL TRADE COMMISSION

Tn the Matter of

CHICAGO BRIDGE & IRON COMPANY N.Y.
a forcign corporation,

CHICAGO BRIDGE & IRON COMPANY

a corporation,

Docket No. 9300
and

PITT-DES MOINES, INC.

a corporation.

ee Se

PROPOSED ORDER

UPON CONSIDERATION of Respondent's Motion for an Extension of Time, filed on
July 1, 2002, and being fully advised in the premises,

TT IS HEREBY ORDERED, ihat the motion is GRANTED, and that Respondent's
responses the Federal Trade Commission's June 7, 2002 document requests, interrogatories and
reyuesis for admission shall be extended as follows: CB&I's time to respond to Complaint
Counsel's request for admissions and interrogatories shall be extended to July 19, 2002, and
CB&] will produce documents responsive to the Complaint Counsel's document requests on @

rolling basis beginning on July 12, 2002 and ending no later than August 6, 2002.

ORDERED: James P. Timony
Administrative Law Indge

July__, 2002


Tn the Matter of
CHICAGO BRIDGE & TRON COMPANY N.V.
a foreign corporation,

CHICAGO BRIDGE & IRON COMPANY

a corporation,

Docket No. 9300

and
PITT-DES MOINES, INC.

a corporation.

Ne eee ES

RESPONDENT'S MOTION FOR EXTENSION OF TIME

Pursuant to the Scheduling Order entered im this case on February 20, 2002, Respondent
Chicago Bridge & Iron Company N.Y. ("CB&I") respectfully submits this motion for an
extension of the discovery deadline relating to document requests, interrogatories and requests
for admissions served by the Federal Trade Commission ("FTC") on June 7, 2002,’ CB&I
requests that the Court extend ils time to respond to the document requests, interrogatories and
requests for admissions served by the FTC in accordance with the agreements reached by
counsel for the parties on July 1, 2002. CB&I has cousulied with Complaint Counsel, who has
authorized CB&J to state that it does not object ta this motion to extend CRél’s time to respond

to the FTC's discovery as follows: Subject to the Court's approval, the parties have agrecd that

‘These documents are (i) Complaint Counsel's Second Request for Production of Documents to Respondent
Chicago Bridge & Iron Company N.¥.; (ii) Coruplaint Counsel's Requests for Admissions to Chicago Bridge &


CB&I's time to respond the FTC's interrogatories and requests for admission shall be extended
unti] July 19, 2002, and CB&I will produce documents responsive to the FTC's document
requests on a rolling basis beginning on hily 12th, and ending no later than August 6, 2002. In
support of its motion, CB&I states as follows:

1. On June 7, 2002 -- the last day on which wniten discovery could be served
pursuant to the Scheduling Order -- the FTC served a series of new document requests,
interrogatories and requests for admissions upon CB&I.

2. On June 14, 2002, Respondents moved for a sixty-day extension of the fact
discovery deadline in this case based, in part, on the fact that Respondents necded additional

time to respond to the FTC's discovery.

3. On June 18, 2002, this Court granted Respondents' motion for a 60-day extension,
specifically noting in its Order that CB&I nceds at Icast two months to respond to the FTC's
discovery.

4, Moreover, on June 13, 2002, the parties participated in a twe hour meet and
confer conference in an attempt to resolve their disputes regarding the FTC's discovery. Several
significant issues remain, however, and it will take some time for the parties to resolve those
issues.

5. CB&i has becn diligently collecting documents and information responsive to the
discovery requests over the last couple of weeks, CB&! has communicated this fact to several
attomeys on the FTC Siaff. The FTC has stated that pursuant to the Scheduling Order and FTC
Ruks of Practice, all extensions or modifications of the deadlines contained in the Scheduling

Order and to discovery deadlines will be made by the Cott only upon a showing of good cause.

Iron Company N.¥.; and {iii) Complaint Counsel's Second Interrogulories Directed to Respondent Chicago
Bridge & lron Company N.¥.


Complaint Counsel has agreed not la oppose a motion seeking to extend CB&I's time for
responding to the requests for admissions and interrogatories untif July 19, 2002. In addition,
Complaint Counsel has also agreed no to oppose an extension permitting CB&I to produce
documents in response to the document requests on 2 rolling basis beginning on July 12, 2002,
and ending no later than August 6, 2002.

6. Jn sum, CBé&] has in good faith been attempting to resolve the discovery disputes
with the FTC while continuing to gather information responsive to the discovery requests.
Respondents felt that it was implicit in the Court's June 18, 2002 Order that they would have
additional time to respond to the FTC's discovery requests. In a abundance of caution, however,
we make this motion today,

7. Thus, CB&I respectfully requests that this Court grant CB&I's motion for
extension of time and order that CB&I responses to the FTC's June 7, 2002 discovery shall be

extended in accordance with the agreements reached between the parties on July 1, 2002.