UNITED STATES OF AMERICA

FEDERAL TRAE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUGES

In the Matter of

)

)

)

)

)

)

POL YPORE INTERNATIONAL, INC., Docket No. 9327

Respondent.

ORDER GRATING RESPONDENT'S MOTION

TO AMEND THE SCHEDULING ORDER

I.

On Januar 16, 2009, Respondent submitted a motion to amend the Scheduling Order.

Complaint Counsel submitted its opposition on January 26,2009.

On Januar 28,2009, Respondent submitted a motion for leave to file a reply brief.

Complaint Counsel submitted an opposition to Respondent's motion for leave to file a reply

brief on January 28,2009.

F or the reasons set forth below, Respondent's motion to amend the Scheduling Order is

GRATED. Respondent's motion for leave to fie a reply brief is DENIED.

II.

Respondent proposes to extend by one month all remaining deadlines set forth in the

Scheduling Order. Respondent argues that neither Complaint Counsel nor any non-pary wil be

prejudiced by this extension of the relevant deadlines.

Complaint Counsel filed an opposition labeled "Confidential" and "Filed Under Seal.")

Complaint Counsel opposes Respondent's motion, stating that it has offered to extend certain

deadlines, but that it opposes a delay in the start of the triaL. Complaint Counsel argues that any

delay in the star of trial wil harm consumers and is not warranted.

) "Filed Under Seal" is not a proper designation for pleadings under the Commission's

Rules of Practice. See 16 C.F.R. § 3.22(b), 3.45(e).
III.

The Scheduling Order in this case, issued on October 22, 2008, sets February 13, 2009 as

the deadline for the close of discovery and April 14, 2009 as the trial star date. Discovery in this

case has been extensive. Numerous non-parties have resisted discovery, necessitating orders

ruling on motions to quash or to compeL. It is apparent that Respondent has not waited until the

last moment to propound discovery and does need additional time to adequately prepare its

defense at triaL.

The Scheduling Order may be modified upon a showing of good cause. FTC Rule 3.21.

Good cause exists when a deadline in a scheduling order "cannot be met despite the diligence of

the party seeking the extension." In re Chicago Bridge & Iron Co., 2002 FTC LEXIS 69, *2

(2002). Respondent has demonstrated good cause for extending the deadlines set forth in the

Scheduling Order.

Respondent's motion is GRANTED. The remaining dates in the Scheduling Order are

hereby extended by four additional weeks, as set forth below. All additional provisions in the

October 22, 2008 Scheduling Order remain in effect.

March 13,2009 Close of discovery, other than discovery permitted under Rule

3.24(a)(4), depositions of experts, and discovery for purposes of

authenticity and admissibility of exhibits.

March 13,2009 Complaint Counsel provides expert witness reports.

March 17, 2009 Deadline for filing motions for summary decision.

March 20, 2009 Respondent's Counsel provides expert witness reports.

March 20, 2009 Complaint Counsel provides to Respondent's counsel its final

proposed witness and exhbit lists, including designated testimony

to be presented by deposition, copies of all exhibits (except for

demonstrative, ilustrative or summary exhibits), and a brief

summar of the testimony of each witness.

Complaint Counsel serves courtesy copies on ALJ of its final

proposed witness and exhibit lists and a brief summary of the

testimony of each witness.

March 27, 2009 Complaint Counsel to identify rebuttal expert( s) and provide

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

rebuttal of matters set forth in Respondent's expert reports. If

material outside the scope of fair rebuttal is presented, Respondent

2
wil have the right to seek appropriate relief (such as striking

Complaint Counsel's rebuttal expert reports or seeking leave to

submit sur-rebuttal expert reports on behalf of Respondent).

March 27, 2009 Respondent's Counsel provides to Complaint Counsel its final

proposed witness and exhibit lists, including designated testimony

to be presented by deposition and copies of all exhibits (except for

demonstrative, ilustrative or summar exhibits), and a brief

summary of the testimony of each witness.

Respondent's Counsel serves couresy copies on ALJ its final

proposed witness and exhibit lists and a brief summar of the

testimony of each witness.

March 27,2009 Paries that intend to offer confidential materials of an opposing

par or non-pary as evidence at the hearng must provide notice to

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

March 31, 2009 Deadline for filing responses to motions for summar decision.

April 3, 2009 Deadline for depositions of experts (including rebuttal experts).

April 6, 2009 Deadline for filing motions in limine and motions to strke. (Such

motions shall be no longer than 2500 words.)

April 9, 2009 Deadline for filing motions for in camera treatment of proposed

trial exhibits.

April 16, 2009 Deadline for filing responses to motions in limine and motions to

strke.

April 16, 2009 Deadline for filing responses to motions for in camera treatment of

proposed trial exhibits.

April 20, 2009 Complaint Counsel files pretrial brief, to include proposed findings

of fact and conclusions oflaw. To the extent possible, findings of

fact shall be supported by document citations and/or deposition

citations. Conclusions of law shall be supported by legal authority.

April 22, 2009 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.

3
April 28, 2009

May 5, 2009

May 6, 2009

May 7, 2009

May 12,2009

ORDERED:

Date: February 4, 2009

Exchange proposed stipulations oflaw, facts, and authenticity.

Respondent's Counsel files pretrial brief, to include proposed

findings of fact and conclusions oflaw. To the extent possible,

findings of fact shall be supported by document citations and/or

deposition citations. Conclusions oflaw shall be 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 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 oflaw, facts, and

authenticity and any designated deposition testimony. Counsel

may present any objections to the final proposed witness lists and

exhibits, including the designated testimony to be presented by

deposition. Trial exhibits wil be admitted or excluded to the

extent practicable.

Commencement of Hearing, to begin at 10:00 a.m. in room 532,

Federal Trade Commission Building, 600 Pennsylvania Avenue,

NW, Washington, DC 20580.

~i~i~

Administrative Law Judge

4