n~ll4%~ 

~ il ~~ A:;:~lj ~~f.~ 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

Polypore International, Inc. 

a corporation 

) 

) 

) Public Document 

) 

RESPONDENT'S MOTION FOR EXTENSION OF TIME 

Respondent Polypore International, Inc. ("Polypore"), respectfully requests a 

modification of the Scheduling Order (as amended by this Court's February 4, 2009 

order)("Amended Scheduling Order") for the purpose of extending certain dates as related to 

Respondent's expert, Dr. James Mark Stevenson ("Dr. Stevenson"). Respondent respectfully 

requests a one week extension of the following dates: (a) the deadline to provide the expert 

witness report of Dr. Stevenson; (b) the deadline for Complaint Counsel to identify rebuttal 

experts and provide rebuttal expert reports in response to the expert report of Dr. Stevenson; (c) 

the deadline for the expert deposition of Dr. Stevenson (and rebuttal experts, if any, identified by 

Complaint Counsel in response to Dr. Stevenson's expert report); and (d) the deadline for filing 

motions in limine and motions to strike only as such motions relate to the expert report or 

deposition of Dr. Stevenson or to corresponding rebuttal evidence. All other dates in the 

Amended Scheduling Order, including the deadlines relating to experts other than Dr. Stevenson, 

remain unaffected by this consent motion. 

In accordance with 16 C.F.R. §§ 3.22 and 4.3(b) Respondent states the following in 

support of this consent motion: 

1. On December 18, 2008, Respondent's Counsel identified Dr. Stevenson as an 

expert witness in this matter. 

PPAB 1546736vl 
2. Pursuant to the Amended Scheduling Order, the deadline for Respondent's
 

Counsel to submit Dr. Stevenson's expert witness report was March 20,2009. 

3. On March 19, 2009, Dr. Stevenson was finalizing his expert report for submission 

the following day.
 

4. Also on March 19, 2009, however, Dr. Stevenson was informed by counsel for 

Exide Technologies ("Exide"), an interested third pary in this proceeding, that Exide had 

"concerns" over Dr. Stevenson's acting as an expert witness in this case and threatening him 

with the possibility of a lawsuit if he testified in this matter. See Exide's Counsel's March 19, '­

2009 letter attached as Exhibit A hereto. 

5. Later that day, Exide's counsel provided a copy of the "Confidentiality 

Agreement" referred to in Exide's Counsel's March 19,2009 letter which is part of a 25-year old 

employment agreement and subject to the laws of the United Kingdom. Dr. Stevenson has not 

been employed by Exide for over two years. 

6. Respondent respectfully requests that deadlines in the Amended Scheduling Order 

relating to Dr. Stevenson be extended by one week so that Dr. Stevenson be permitted time to 

confer with Exide regarding their positions and threats, and to obtain and confer with United 

Kingdom counsel in order to assess Exide's threatened claims. 

7. In the interest of equity, Respondent requests that the one week extension be
 

applied to all deadlines relating to Dr. Stevenson, as set forth herein. 

8. Respondent requests that the March 20, 2009 deadline to provide the expert
 

witness report of 
 Dr. Stevenson be extended through March 27,2009. 

9. Respondent requests that the March 27, 2009 deadline for Complaint Counsel to
 

identify rebuttal experts and provide rebuttal expert reports in response to the expert report of Dr. \ 

Stevenson be extended through April 
 3, 2009. 

2 

PPAB 1546736vl 
10. Respondent requests that the April 3, 2009 deadline for the expert deposition of 

Dr. Stevenson (and the deposition(s) of rebuttal experts, if any, identified by Complaint Counsel 

in response to Dr. Stevenson's expert report) be extended through April 
 10, 2009. 

11. Finally, Respondent requests that the April 6, 2009 deadline for fiing motions in
 

limine and motions to strike, only as such motions relate to the expert report or deposition of Dr. 

Stevenson or to corresponding rebuttal evidence, be extended through April 
 13, 2009. 

12. The one week extension sought to the deadlines set forth above affects no other 

date in the Amended Scheduling Order, including the deadlines applicable to other expert 

witnesses. 

13. The proposed extension does not affect the hearing date scheduled for May 12, 

2009. 

14. Complaint Counsel, Benjamin Oris, Esq., stated to Counsel for Respondent, Eric 

D. Welsh, Esq., that he has insufficient knowledge of the above facts but consents to the oneweek extensions of the deadlines described above. 

Pursuant to 16 C.F.R. § 4.3(b), the Administrative Law Judge may, for good cause 

shown, extend any time limit prescribed or allowed by the rules of Chapter 16 or by order of the 

Commission or the Administrative Law Judge. Accordingly, the undersigned counsel 

respectfully requests that specific deadlines set forth herein, as they relate to Dr. James Mark 

Stevenson, be extended by one week as described above. A proposed order is attached. 

3 

PPAB 1546736vl 
Dated: January 23, 2009 Respectfully Submitted, 

Wili m L. kard, Jr 

~ U4­

Eric D. Welsh 

PARKR POE ADAMS & BERNSTEIN, LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 335-9689 

wiliamrikardCIparkerpoe.com 

ericwelshCIparkerpoe.com 

John F. Graybeal 

PARKR POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

i ohngraybealCIparkerpoe .com 

Attorneys for Respondent 

PPAB 1546736vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) 

) Docket No. 9327 

Polypore International, Inc. 

a corporation 

) 

) 

) Public Document 

) 

STATEMENT PURSUANT TO SCHEDULING ORDER 

I, Eric D. Welsh, Esq., on behalf of Parker Poe Adams & Bernstein LLP (" Parker Poe") 

as counsel for Polypore International, Inc. ("Polypore"), hereby represent that Parker Poe has 

conferred with Complaint Counsel in an effort in good faith to resolve by agreement the issues 

raised by the instant motion and that Benjamin Gris, Esq., on behalf of Complaint Counsel, 

indicated his consent to extensions requested in the consent motion. 

Dated: March 23,2009 Respectfully Submitted,

Eric D. e sh ~u.(J~

PARKR POE ADAMS & BERNSTEIN, LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 335-9689 

ericwelshCIparkerpoe.com 

PPAB 1546736vl 
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 

On _, Respondent Polypore International, Inc. ("Polypore") fied a motion for 

extensions of time. Polypore has demonstrated good cause for extending the specified deadlines. 

Accordingly, Polypore's motion is GRANTED. 

It is hereby ORDERED that (a) the March 20, 2009 deadline to provide the expert 

witness report of Dr. Stevenson be extended through March 27, 2009; (b) the March 27, 2009 

deadline for Complaint Counsel to identify rebuttal experts and provide rebuttal expert reports in 

Dr. Stevenson be extended through April 3, 2009; (c) the April 3, 

2009 deadline for the expert deposition of Dr. Stevenson (and the deposition(s) of rebuttal 

experts, if any, identified by Complaint Counsel in response to Dr. Stevenson's expert report) be 

response to the expert report of 


extended through April 10, 2009; and (d) the April 6, 2009 deadline for fiing motions in limine

and motions to strike, only as such motions relate to the expert report or deposition of Dr. 

Stevenson or to corresponding rebuttal evidence, be extended through April 
 13, 2009.

ORDERED: 

D. Michael Chappell 

Administrative Law Judge 

Date: 

4 

PP AB 1546736v 1
 
CERTIFICATE OF SERVICE 

I hereby certify that on March 24, 2009, I caused to be fied via hand delivery and 

electronic mail delivery an original and two copies of the foregoing Respondent's Motion for 

Extension of Time, 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 

Offce of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, Rm. H-135 

Washington, DC 20580 

secretaryCIftc. gov 

I hereby certify that on March 23, 2009, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Respondent's Motion 

for Extension of Time upon:
 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oaliCIftc.gov 

I hereby certify that on March 23,2009, I caused to be served via first-class mail delivery 

and electronic mail delivery a copy of the foregoing Respondent's Motion for Extension of 

Time upon: 

1. 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 

rrobertsonCIftc.gov sdahCIftc. gov 

Brian R. Wey . h 

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 1546736vl 
ROBBINS, RUSSELL, ENGLERT, ORSECK, UNTEREINER & SAUBER LLP 

1801 K STREET, N.W., SUITE 411
 

WASHINGTON, D.C. 20006
 

PHONE (202) 775-4500
 

FAX (202) 775-4510 

www.robbinsrussell.com 

Donald J. Russell (202) 775-4502 

drussell(Qrobblnsrussell.com 

March 19, 2009 

BY MAIL AN EMAIL 

Dr. James Mark Stevenson 

213 Higher Lane 

Lymm 

Cheshire 

WA13 ORN 

United Kingdom 

Dear Dr. Stevenson: 

I am writing to you on behalf of 
 Exide Technologies, which has retained me to protect the 

company's interest in preserving the confidentiality of its proprietary information. It has come to 

our attention that you have contracted to serve as an expeit witness in litigation brought by the 

United States Federal Trade Commission against Polyp ore hiternational, Inc.
 

As you know, your employment by Exide was conditioned on a contractual commitment that 

requires you to keep secret all confidential infomiation that you acquired during your 

employment with the company. The contract also prohibits your use of such information to your 

own or another's advantage. Confidential info11ation includes, among other things, any 

technical or commercial infonnation as well as infoimation about research and development 

projects or planned research and development projects conceming products or manufacturing 

processes. Your contractual obligation to maintain the confidentiality of such information did 

not terminate when your employment with Exide ended, but continues so long as the infoiiiation 

remains confidentiaL. 

We have conceiis that your work as an expert witness for Polypore may conflct with your 

continuing obligations under your employment agreement. We believe that there is a risk that 

your work as an expeit witness wil require the disclosure of confidential infol1nation in your 

testimony or, at the very least, in your discussions with counsel for Polypore. We expect you to 
ROBBINS, RUSSELL, ENGLERT, ORSECK & UNTEREINER LLP 

Dr. James Mark Stevenson
 

March 19,2009
 

Page 2 

comply fully with your contractual obligations, but Exide Technologies wil take action, if 

necessary, to protect the confidentiality of 
 its proprietary information.

If you have any questions concerning this matter, please feel free to contact me. 

Sincerely yours,

~~~ 

Donald J. Russell 

Counsel for Exide Technologies 

cc: Barbara Hatcher
 

Wiliam Rickard