ORIGINAL

SEP i 5 1008 533'3i~ UNTED STATES OF AMERICA SEAR

BEFORE THE FEDERA TRADE COMMISSION

In the Matter of

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PUBLIC DOCUMENT

Docket No. 9327

Polypore International, Inc.

a corporation.

RESPONDENT'S MOTION FOR A MORE DEFINITE STATEMENT OR, IN THE

AL TERNATIVE, FOR AN ORDER REQUIRING CLARIFICATION OF THE

ALLEGATIONS OF. AND RELATED TO. COUNTS II AND III OF THE COMPLAINT

Respondent Polypore International, Inc. ("Polypore"), pursuant to Rules 3 .11 (c) and 3 .22

of the Rules of Practice of the Federal Trade Commission, 16 C.F.R. §§ 3.11(c) and 3.22,

respectfully moves for a More Definite Statement or, in the Alternative, for an Order Requiring

Clarification of the Allegations of, and Related to, Counts II and III of the Complaint. Rule

3.II(c) provides, in pertinent par, that "(w)here the respondent makes a reasonable showing that

it canot frame a responsive answer based on the allegations contained in the complaint, such

respondent may move for a more definite statement of the charges against it before filing an

answer." Grant of this motion is necessar in order for Polypore completely and effectively to

answer the Complaint and to plan for discovery in this case.

In support, respondent Polypore respectfully refers the Cour to, and incorporates herein,

the contemporaneously-fied memorandum.

PPAB 1481106vl
Dated: September 25, 2008 Respectfully Submitted,

W¡-l L. ~ g/ /~ æ: ù ~ Wiliam L. Rikard, Jr. rt I

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) 334-4706

wiliarkard~parkerpoe.com

ericwelsh~parkerpoe.com

John F. Graybeal

PARR POE ADAMS & BERNSTEIN LLP

150 Fayettevile Street

Raleigh, NC 27602

Telephone: (919) 835-4599

Facsimile: (919) 828-0564

johngraybeal~parkerpoe.com

Attorneys for Respondent

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PPAB 1481 106vl
CERTIFICATE OF SERVICE

I hereby certify that on September 25, 2008, I caused to be filed via hand delivery and

electronic mail delivery an original and one copy of the foregoing Respondent's Motion for a

More Definite Statement or, in the Alternative, for an Order Requiring Clarifcation of the

Allegations of, and Related to, Counts II and III of the Complaint, and that the electronic copy

is a tre and correct copy of the paper original and that a paper copy with an original signatue is

being filed with:

Donald S. Clark, Secretary

Office of the Secretar

Federal Trade Commission

600 Pennsylvana Avenue, NW, Rr. H-135

Washington, DC 20580

secretar~ftc.gov

I hereby certify that on September 25, 2008, I served via hand delivery and first-class

mail delivery a copy of the foregoing Respondent's Motion for a More Definite Statement or,

in the Alternative, for an Order Requiring Clarifcation of the Allegations of, and Related to,

Counts II and III of the Complaint with:

The Honorable D. Michael Chappell

Administrative Law Judge

Federal Trade Commission

600 Pennsylvana Avenue, NW

Washington, DC 20580

I hereby certify that on September 25, 2008, I served via first-class mail delivery and

electronic mail delivery a copy of the foregoing Respondent's Motion for a More Definite

Statement or, in the Alternative, for an Order Requiring Clarifcation of the Allegations of,

and Related to, Counts II and III of the Complaint with:

J. Robert Robertson, Esq.

Federal Trade Commission

600 Pennsylvana Avenue, NW

Washington, DC 20580

rrobertson~ftc.gov

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PPAB 1481 lO6v1
Steven Dah, Esq.

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

sdah~ftc.gov ~LAdam C. Shearer

Parker Poe Adams & Bernstein LLP

Three Wachovia Center

401 South Tryon Street, Suite 3000

Charlotte, NC 28202

Telephone: (704) 335-9050

Facsimile: (704) 334-4706

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PPAB 1481106v1
UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

In the Matter of

)

)

)

)

)

)

)

PUBLIC DOCUMENT

Docket No. 9327

Polypore International, Inc.

a corporation.

ORDER .

Upon consideration of Respondent's Motion for a More Definite Statement or, in the

Alternative, for an Order Requiring Clarification of the Allegations of, and Related to, Counts II

and III of the Complaint and Complaint Counsel's response thereto, and the Court being fully

informed, it is this _ day of , 2008, hereby

ORDERED, that the Motion is GRANTED; and it is further

ORDERED, that Complaint Counsel file an amended complaint or an addendum to the

Complaint that clarifies each of the issues raised in the above-referenced motion.

The Honorable D. Michael Chappell

Chief Administrative Law Judge (Acting)

Federal Trade Commission

PPAB 1482308vl