UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of ) 

) PUBLIC 

Mc WANE, INC., ) 

a corporation and ) 

) DOCKET NO. 9351 

STAR PIPE PRODUCTS, LTD., ) 

a limited partnership ) 

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR 


EVERETT J. PRESCOTT, INC. TO FILE MOTION TO QUASH 


OR TO LIMIT MC'VANE, INC.'S SUBPOENA DUCES TECUM 


AND SUBPOENAAD TESTIFICANDUM 


COMES NOW EVERETT J. PRESCOTT, INC., BY AND THROUGH ITS COUNSEL 

AND MOVES AS FOLLOWS: 

1. On or about February 29, 2012, counsel for respondent McWane, Inc. 

("McWane") served on Everett J. Prescott, Inc. ("EJP") by registered mail a Subpoenas Duces 

Tecum and Subpoenas Ad Testificandum (the "Subpoenas") containing requests for documents 

and data, with a response date of March 23,2012, and a deposition date of March 29,2012. 

2. Pursuant to the Federal Trade Commission's Rules of Practice, 16 C.F.R. § 

3.34(c), EJP has ten (10) days in which to file a motion to quash or to limit the Subpoenas, which 

results in a deadline of March 13,2012. 

3. Counsel for EJP and McWane are engaged in negotiations regarding the scope of 

McWane's requests, objections by EJP thereto and the time required for EJP to produce 

responsive documents and data and conduct of the deposition. To facilitate those negotiations, EJP 

has requested that Mc Wane counsel agree that EJP shall have an additional thirteen (13) days in 

which to file a motion to quash or a motion to limit the Subpoenas should EJP and Mc Wane be 

unable to resolve all issues regarding EJP's response to the Subpoenas. 
4. Therefore, EJP requests that this Court grant it until March 26,2012 to file a motion 

to quash or to limit the Subpoenas, and that EJP's obligation to complete its response to the 

Subpoenas shall be tolled during that period. 

5. This extension has been agreed upon in order to afford EJP counsel sufficient time to 

negotiate with McWane counsel regarding reasonable limitations and modifications of McWane's 

requests to reduce the burden on EJP ofresponding, and thereby to potentially avoid the necessity of 

filing a motion to quash or to limit the Subpoenas. 

6. Undersigned counsel represents that he has confeiTed with McWane counsel and that 

McWane counsel does not object to the proposed extension. 

Dated at Augusta, Maine this 12th day ofMarch 2012. 

Av-!·0~1 Michael A. Hodgins, Maine Bar #007741 

Attorneys for Everett J. Prescott, Inc. 

Bernstein, Shur, Sawyer & Nelson 

P.O. Box 5057 (146 Capitol Street) 

Augusta, ME 04332-5057 

Tel. (207) 623-1596 
UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of ) 

) PUBLIC 

Mc WANE, INC., ) 

a corporation and ) 

) DOCKET NO. 9351 

STAR PIPE PRODUCTS, LTD., ) 

a limited partnership ) 

[PROPOSED] ORDER REGARDING EVERETT J. PRESCOTT, INC.'S 

DEADLINE TO FILE MOTION TO QUASH OR TO LIMIT 

MCWANE, INC. 's SUBPOENA DVCl!.,~ TECUNI AND 

SUBPOENAAD TESTIFICANDUM 

Everett 1. Prescott, Inc. ("EJP") proposes the entry of an Order regarding EJP's Response to 

McWane, Inc.'s Subpoena Duces Tecum and Subpoena Ad Testificandum, extending EJP's deadline 

to file a motion to quash or to file a motion to limit McWane, Inc.'s Subpoenas until and including 

March 26, 2012, and tolling EJP's obligation to complete its response to McWane, Inc.'s Subpoenas 

during that period. 

Good cause having been shown, 

IT IS SO ORDERED: 

That the Unopposed Motion for Extension of Time for Everett 1. Prescott, Inc. to File Motion 

to Quash or To Limit McWane, Inc.'s Subpoena Duces Tecum and Subpoena Ad Testificandum is 

GRANTED; and 

EJP's deadline to file a motion to quash or to file a motion to limit McWane, Inc.'s Subpoenas 

is hereby extended until and including March 26,2012, and EJP's obligation to complete its response 

to Mc Wane, Inc.'s Subpoenas is tolled during that period. 

Dated: _____ 

D. Michael Chappell 

Administrative Law Judge 
UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of 	 ) 

) PUBLIC 

McWANE, INC., ) 

a corporation and ) 

) DOCKET NO. 9351 

STAR PIPE PRODUCTS, LTD., ) 

a limited partnership ) 

PROOF OF SERVICE OF PUBLIC FILING AND CERTIFICATION 

I, Michael A. Hodgins, hereby certifY that on this 12th day of March 2012, I caused a copy of 

the documents listed below to be served by mail on each ofthe following: The Office ofthe Secretary 

of the Federal Trade Commission (original) and the Honorable D. Michael Chappell (one copy), and 

by electronic mail to the Honorable D. Michael Chappell (oalj@ftc.gov); Thomas H. Brock 

(tbrockrmftc.gov); Edward Hassi (ehassi@ftc.gov); Linda Holleran (lholleran@ftc.gov); 1. Alexander 

Ansaldo (iansaldo@ftc.gov); Andrew K. Mann (amann@ftc.gov); Jeanine Balbach 

(jbalbach@ftc.gov); Michael J. Bloom (mjbloom@ftc.gov); Geoffrey Green (ggreen@ftc.gov); 

Joseph A. Ostoyich (ioseph.ostoyich@bakerbotts.com); Andreas Stargard 

(andreas.stargard@bakerbotts.com); William Lavery (william.lavery@bakerbotts.com); Gregory 

Huffinan (Gregory.Huffinan@tklaw.com); William Katz (William.Katz@tklaw.com); Nicole 

Williams iliicole.Williams@tklaw.comj; Brian Stoltz (Brian.Stoltz@tklaw.com); 1. Alan Truitt 

(atruitt@maynardcooper.com); and Thomas W. Thagard, III (tthagard@maynardcooper.com): 

(1) 	 NOTICE OF APPEARANCE; 

(2) 	 Statement of Good Standing (Michael A. Hodgins); 

(3) 	 Unopposed Motion for Extension ofTirne for Everett 1. Prescott, Inc. to File Motion 

to Quash or to Limit Respondent Counsel's Subpoena Duces Tecum and Subpoena 

Ad Testificandum; 
(4) 	 [Proposed] Order Regarding Everett 1. Prescott, Inc. Deadline to File Motion to 

Quash or to Limit McWane, Inc.'s Subpoena Duces Tecum and Subpoena Ad 

Testifcandum; 

(5) This Proof of Service. 

I also certify that on this 12th day ofMarch 2012, I caused to be served one copy via fIrst class 

mail delivery ofthe foregoing documents upon: 

Thomas Brock 

U.S. Federal Trade Commission 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

Joseph A. Ostoyich 

Baker Botts LLP 

1299 Pennsylvania Ave., NW 

Washington, DC 20004 

1. Alan Truitt 

Maynard Cooper and Gale, PC 

1901 Sixth Avenue North 2400 

Regions Harbert Plaza 

Birmingham, AL 35203 

Gregory S.C. Huffman 

Thompson and Knight LLP 

1722 Routh Street, Suite 1500 

Dallas, TX 75201 

March 12,2012 

Michael A. Hodgins, Maine Bar #007741 

Attorneys for Everett J. Prescott, Inc. 

Bernstein, Shur, Sawyer & Nelson 

P.O. Box 5057 (146 Capitol Street) 

Augusta, ME 04332-5057 

Tel. (207) 623-1596