ORIGINAL
 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION
 

OFFICE OF ADMINISTRATIVE LAW JUGES
 

) 

In the Matter of ) 

) 

POL YPORE INTERNATIONAL, INC., ) Docket No. 9327 

Respondent. ) 

) 

ORDER GRATING NON-PARTY THE MOORE COMPANY'S
 

MOTION FOR EXTENSION OF TIME TO SEEK 
 IN CAMERA TREATMENT 

I. 

On April 
 9, 2009, non-party The Moore Company submitted a motion for an extension of 

time to seek in camera treatment ("Motion"). As set forth below, The Moore Company has 

demonstrated good cause for the relief requested and no response or opposition wil be 

necessar, and the Motion is GRANTED. 

II. 

The Scheduling Order in this case, issued on October 22,2008, and revised on February 

4,2009, sets April 
 9, 2009 as the deadline for fiing motions for in camera treatment. The 

Revised Scheduling Order also requires the parties, by March 27,2009, to provide notice to nonparties if they intend to offer non-parties' confidential materials into evidence. In addition, by 

Order dated April 
 8, 2009, the deadline for non-parties to file motions for in camera treatment 

for designated non-party witness deposition transcripts was extended until after the paries have 

determined whether to call such individuals to testify at trial or to offer such transcripts into 

evidence. 

The Moore Company states that, by letter dated March 26, 2009, Complaint Counsel 

informed The Moore Company that it intended to introduce into evidence an affidavit of Guy 

Dauwe. The Moore Company further states that since that designation has been made, it has 

been determined that Dauwe wil be the subject of a deposition by Complaint Counsel on April 

23,2009. The Moore Company states that in light ofDauwe's pending deposition, it is unlikely 

that the parties wil seek to rely on the affidavit. The Moore Company requests that the relief 

granted in the April 8, 2009 Order be applied to the testimony of Dauwe, including all deposition 

testimony and affidavit excerpts. 

In addition, The Moore Company states that, by letter dated March 2'7,2009, Respondent 

informed The Moore Company that it intended to introduce into evidence confidential material 
in the form of documents The Moore Company has produced, documents used in depositions of 

The Moore Company's witnesses, and/or the deposition testimony or transcripts of The Moore's 

Company's witnesses. The Moore Company argues that because Respondent has not identified 

with specificity which documents Respondent may introduce at tral, The Moore Company is 

severely hampered in its efforts to apply for in camera treatment. 

III. 

Upon consideration of 
 the arguments raised in The Moore Company's motion for an 

extension of 
 time to fie its motion for in camera treatment, it is GRANTED. 

Respondent is hereby directed to inform The Moore Company, with specificity, which 

documents it intends to introduce at trial by April 
 17, 2009. The Moore Company shall file its 

motion for in camera treatment for such documents, not including affidavits, by April 
 24, 2009. 

Any oppositions to The Moore Company's motion for in camera treatment for such documents 

shall be filed by April 28, 2009. 

The Moore Company shall file its motion for in camera treatment for deposition 

testimony and affidavits in accordance with the April 
 8, 2009 Order Granting Joint Motion to 

Revised the Scheduling Order, as modified by the April 
 14, 2009 Modification of Order 

Granting Joint Motion to Revise the Scheduling Order. 

ORDERED: ~~cl l- D. Michael Ch~ 

Administrative Law Judge 

Dated: April 14, 2009 

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