nR1GJNAL 

UNITED STATES OF AMERICA
 

FEDERAL TRADE COMMISSION
 

OFFICE OF ADMINISTRATIVE LAW JUGES 

~ ;~"':""'~'-~'~=..'r_~~".",/'"
 

) 

In the Matter of ) 

) Docket No. 9327 

POL YPORE INTERNATIONAL, INC., ) 

Respondent. ) 

) 

ORDER GRANTING MOTION TO REVISE HEARIG SCHEDULE 

I. 

By Order dated October 15,2009, Respondent's Second Motion to Reopen the 

Hearing Record was granted and a scheduling order was issued. Respondent, on October 

22,2009, submitted a motion to amend the hearng schedule. Complaint Counsel 

submitted its response on October 23,2009. For the reasons set forth below, 

Respondent's motion is GRANTED. 

II. 

The final prehearing conference and hearng are currently scheduled to begin on' 

November 4,2009. Respondent asks that the date of 
 the prehearng conference and 

hearng be rescheduled for November 9, 2009, any other day the week of 
 November 9, 

2009, or other such suitable day and time as the Court may direct. 

Respondent states that Respondent's trial counsel, Wiliam L. Rikard, Jr., has an 

unavoidable conflict on November 4 and 5, 2009, which cannot be rescheduled and that 

Mr. Robert Toth, one of Respondent's intended witnesses, also has an immovable 

conflict which wil render him unable to testify on November 4 and 5, 2009. Respondent 

asserts that these long-standing conflicts cannot be rescheduled and thus argues that good 

cause exists for modifying the scheduling order. 

Complaint Counsel filed a response indicating that it would not oppose the 

request to reschedule the hearing for November 9,2009. 

III. 

Respondent has demonstrated good cause to modify the schedule. Although 

Respondent did not seek modifications to other dates in the scheduling order, in order to 
allow the paries additional time to prepare for the hearing, some modifications are made. 

The schedule is hereby revised, with the hearing to begin on November 12, 2009: 

October 27,2009 

October 29, 2009 

October 29,2009 

November 3,2009
 

November 6, 2009 

November 6, 2009 

November 9, 2009 

November 9,2009
 

November 12, 2009 ­

Deadline for depositions, limited to the individuals to be 

called at the hearng and limited to the proffered evidence. 

Parties exchange and serve courtesy copies on ALJ of their 

proposed witness and exhibit lists, including designated 

testimony to be presented by deposition, copies of all 

exhibits (except for demonstrative, ilustrative, or summar 

exhibits), and a brief summary of the testimony of each 

witness. 

Parties that intend to offer confidential materials of an 

opposing pary or non-party as evidence at the hearing must 

provide notice to the opposing party or non-party, pursuant 

to 16 C.F.R. § 3.45(b). 

Deadline for filing motions for in camera treatment of 

proposed exhibits. 

Exchange objections to final proposed exhibit lists. 

Exchange objections to the designated testimony to be 

presented by deposition and counter-designations. The 

parties shall attempt to stipulate to admissibility of exhibits 

and any designated testimony.
 

Deadline for filing responses to motions for in camera 

treatment of proposed exhibits. 

Provide to ALJ any remaining objections to final proposed 

exhibits and any remaining objections to designated 

testimony. 

File final stipulations oflaw, facts, and authenticity. Any 

subsequent stipulations may be offered as agreed by the 

paries. 

Prehearing conference to begin at 10:00 a.m. in Room 532, 

Federal Trade Commission Building, 600 Pennsylvania 

Avenue, NW, Washington, DC 20580. 

The paries are to meet and confer prior to the conference 

regarding trial 
 logistics and proposed stipulations oflaw, 

facts, and authenticity and any designated deposition 

2
 
November 12, 2009 ­

November 24,2009 ­

December 4, 2009 

Date: October 23,2009 

testimony. Counsel may present any objections to the final 

proposed witness lists and exhibits, including the 

designated testimony to be presented by deposition. 

Exhibits wil be admitted or excluded to the extent 

practicable. 

Commencement of hearing, to begin immediately afer the 

prehearing conference, in Room 532, Federal Trade 

Commission Building, 600 Pennsylvania Avenue, NW, 

Washington, DC 20580. 

Each party wil be allowed a brief opening statement and 

closing argument. 

Deadline for filing concurrent post-hearing supplemental 

briefs, proposed findings of fact, and proposed conclusions 

of law. 

Deadline for filing concurrent post-hearing supplemental 

reply briefs and replies to proposed findings of fact. 

J) '" rL"J 

D. Michael Chappell 

Chief Administrative Law Judge 

3