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UNITED STATES OF AMERICA ~=~,...'.

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) 

)
 Docket No. 9327

)
 

Polyp ore International, Inc. ) 

a corporation	 ) PUBLIC DOCUMENT
 

)
 

RESPONDENT'S MOTION FOR LEAVE TO TAKE THE DEPOSITION OFGRAEME 

FRASER-BELL IN THE UNITED KINGDOM PURSUANT TO 16 C.F.R. § 3.36(b) 

Respondent Polypore International, Inc. ("Polypore") respectfully submits this Motion 

Practice 3.36,16 C.F.R. § 3.36, for the issuance pursuant to Federal Trade Commission Rule of 


of a subpoena ad testifcandum for the deposition of Graeme Fraser¥Bell, the Vice President of 

International Sales. for ENTEK International Ltd., a British corporation and a wholly-owted 

company of ENTEK International LLC. This Motion is based on the grounds set fort in 

Poylpore's Memorandum in Support of its Motion for Leave to Take the Deposition of Graeme 

Fraser-Bell in the United Kingdom Pursuant to 16 C.F.R. § 3.36. 

In December 2008, Polypore served four subpoenas ad testifcandum, including a 

subpoena for the deposition of Mr. Fraser-Bell as an agent of ENTEK International, LLC, a 

business in Lebanon, Oregon ("ENTEK") (the "FraserBell Subpoena"). Counsel for ENTEK agreed to accept service of the subpoenas ad 

testifcandum issued to ENTEK on December 30, 2008. Since receiving the subpoenas, ENTEK 

corporation with its principle place of 


tecum served on it in November 2008, has now changed course, and as with the subpoena duces 


has now attempted to severely limit Polypore's discovery of it. ENTEK opposes Polypore's 

discovery despite the fact that it has produced tens of thousands of documents to the FTC during 

the investigational stage of this proceeding last summer and cooperated extensively with the FTC 

during that investigation. 

PPAB IS22739vl 
ENTEK has moved to quash the Fraser-Bell Subpoena, arguing that the subpoena was not 

properly issued under Section 3.36 of the FTC Rules of Practice. While Respondent disagrees 

with ENTEK's position and wil fie its opposition to that motion to quash, Respondent 

nevertheless in the interest of time moves this Cour for the issuance of a subpoena ad 

testifcandum directed to Mr. Graeme Fraser-Bell without prejudice to its position regarding the 

propriety of the Fraser-Bell Subpoena. 

For the reasons set fort in the accompanying memoràndum of law, Respondent 

respectfully requests that the Cour grant Polypore's mot~on and issue a subpoena ad 

testifcandum for the deposition of Mr. Fraser-Bell in London at a date to be agreed upon by 

Complaint Counsel, Respondent, ENTEK and the witness. 

PPAB 1522739vl 
Dated: January 14,2009 Respectfully Submitted, 

Wiliam L. Rikárd, Jr. 

~V l/W~

Eric D . Welsh 

PARKER POE ADAMS & BERNSTEIN, LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 335-9689 

wiliamikard(qparkerpoe.com 

ericwelsh(qparkerpoe.com 

John F. Graybeal 

PARKR POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

i ohngraybeal(qparkerpoe.com 

Attorneys for Respondent 

PPAB 1522739vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) 

) , Docket No. 9327 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT 

) 

PROPOSED ORDER 

Upon consideration of Respondent's Motion for Leave to Take the Deposition of Graeme 

Fraser-Bell in the United Kingdom Pursuant to 16 C.F.R. § 3.36, any opposition thereto, and the 

Cour being fully informed, 

IT is HEREBY ORDERED, that Respondent's Motion is GRANTED. 

IT is FURTHER ORDERED, that Respondent may submit a subpoena to be issued upon 

Graeme Fraser-Bell, an employee ofENTEK International Ltd., pursuant to 16 C.F.R. § 3.34. 

D. Michael Chappell
 

Administrative Law Judge 

Date: 

PPAB 1522739vl 
CERTIFICATE OF SERVICE 

I hereby certify that on Januar 14, 2009, I caused to be fied via hand delivery and 

electronic mail delivery an original and two copies of the foregoing Motion for Leave to Take 

the Deposition of Graeme Fraser-Bell in the United Kingdom Pursuant to 16 CF.R. § 3.36 

and Proposed Order, and that the electronic copy is a true and correct copy of 
 the paper original 

and that a paper copy with an original signature is being fied with: 

Donald S. Clark, Secretary 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, Rm. H-135 

Washington, DC 20580 

secretaryêftc.gov 

I hereby certify that on January 14, 2009, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Motion for Leave to 

Take the Deposition of Graeme Fraser-Bell in the United Kingdom Pursuant to 16 CF.R. § 

3.36 and Proposed Order upon: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oaliêftc.gov 

I hereby certify that on Januar 14, 2009, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Motion for Leave to Take the 

Deposition of Graeme Fraser-Bell in the United Kingdom Pursuant to 16 CF.R. § 3.36 and 

Proposed Order upon:
 

J. Robert Robertson, Esq. Steven Dahm, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rro bertsonêftc. gov sdahmêftc.gov 

Darius Ogloza, Esq.
 

LATHAM & WATKINS, LLP
 

505 Montgomery Street, Suite 2000
 

San Francisco, California 94111-6538
 

DARIUS.OGLOZAêL W.com
 

PPAB 1522739vl 
~~ 

Adam 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
 

PPAB 1522739vl