In the Matter of 

McW ANE, INC., 

a corporation, and 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSI 

PUBLIC 

DOCKET NO. 9351 

STAR PIPE PRODUCTS, LTD., 

a limited partnership. 

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR U.S. PIPE & FOUNDRY 

COMPANY, INC. TO FILE MOTION TO QUASH OR TO LIMIT 

MCW ANE, INC.'S SUBPOENA DUCES TECUM 

COMES NOW U.S. PIPE & FOUNDRY COMPANY, INC., BY AND THROUGH ITS 

COUNSEL AND MOVES AS FOLLOWS: 

1. On or about February 24, 2012, counsel for respondent McWane, Inc. 

("McWane") served on U.S. Pipe & Foundry Company, Inc. ("U.S. Pipe") a Subpoena Duces 

Tecum (the "Subpoena") containing requests for documents and data, with a response date of 

March 21,2012. 

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

§ 3.34(c), U.S. Pipe has ten (10) days in which to file a motion to quash or to limit the Subpoena, 

which results in a deadline of March 7, 2012. 

3. Counsel for U.S. Pipe and McWane are engaged in negotiations regarding the 

scope of McWane's specifications, objections by U.S. Pipe thereto, and the time required for 

U.S. Pipe to produce responsive documents and data. To facilitate those negotiations, U.S. Pipe 

has requested that McWane counsel agree that U.S. Pipe shall have an additional sixteen (16) 

days in which to file a motion to quash or a motion to limit the Subpoena should U.S. Pipe and 

McWane be unable to resolve all issues regarding U.S. Pipe's response to the Subpoena. 

4. Therefore, U.S. Pipe requests that this Court grant it until March 23,2012 to file a 

motion to quash or to limit the Subpoena, and that U.S. Pipe's obligation to complete its 

LATHAM&WATKINSLU' 

ATTORNEYS AT LAw 

WASHINGTON, D.C. 

03 05 2012
 03 05 2012
 
, ~" ... ..., . . " .

response to the Subpoena shall be tolled during that period. . ., ~ 

...., .,. " 

5. This extension has been agreed upo~ ' i~' order v to . ~fford:i~ u.S. Pipe counsel 

.,. ; ~.. ..... ... ~. : '. 

sufficient time to negotiate with McWane counsel regarding teasenable limitations and 

modifications of McWane's specifications to reduce the burden on u.s. Pipe of responding, and 

thereby to potentially avoid the necessity offiling a motion to quash or to limit the Subpoena. 

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

that McWane counsel does not object to the proposed extension. 

Dated: March 5, 2012 Respectfully submitted, 

By ~t01.44 Abbott B. Lipsky, Jr. 

Jason D. Cruise 

Michael L. Hitsky 

LATHAM & WATKINS LLP 

555 Eleventh Street, NW, Suite 1000 

Washington, DC 20004-1304 

Telephone: (202) 637-2200 . 

Facsimile: (202) 637-2201 

Attorneys/or u.s. Pipe & Foundry 

Company, Inc. 
-----

UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of PUBLIC 

M.cW ANE, INC., 

a corporation, and 

DOCKET NO. 9351 

STAR PIPE PRODUCtS, LTD., 

a limited partnership. 

[PROPOSED] ORDER REGARDING U.S. PIPE & FOUNDRY COMPANY, INC.'S 


DEADLINE TO FILE MOTION TO QUASH OR TO LIMIT 


MCWANE, INC.'S SUBPOENA DUCES TECUM 


u.s. Pipe & Foundry Company, Inc. ("U.S. Pipe") proposes the entry of an Order 

regarding u.s. Pipe's Response to McWane, Inc. 's subpoena duces tecum, extending u.s. Pipe's 

deadline to file a motion to quash or to file a motion to limit Mc Wane, Inc.' s subpoena duces 

tecum until and including March 23,2012, and tolling u.s. Pipe's obligation to complete its 

response to Mc Wane, Inc.' s subpoena duces tecum during that period. 

Good cause having been shown, 

IT IS SO ORDERED: 

That the Unopposed Motion for Extension ofTime for u.s. Pipe & Foundry Company, 

Inc. to File Motion to Quash or To Limit McWane, Inc.'s Subpoena Duces Tecum is 

GRANTED; and 

u.s. Pipe's deadline to file a motion to quash or to file a motion to limit McWane, Inc.'s 

subpoena duces tecum is hereby extended until and including March 23,2012, and u.s. Pipe's 

obligation to complete its response to McWane, Inc.'s subpoena duces tecum is tolled during that 

period. 

D. Michael Chappell 

Administrative Law Judge 

DATED: 
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 L. Hitsky, hereby certify that on this 5th day ofMarch, 2012, I caused a copy 

ofthe documents listed below to be served by hand on each ofthe following: The Office ofthe 

Secretary ofthe Federal Trade Commission (original) and the Honorable D. Michael Chappell 

(one copy), 

and by electronic mail to the Honorable D. Michael Chappell (oa1i@ftc.gov); Thomas H. 

Brock (tbrock@ftc.gov); Edward Hassi (ehassi@ftc.gov); Linda Holleran (lholleran@ftc.gov); J. 

Alexander Ansaldo (jansaldo@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 (joseph.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 (Nicole.Williams@tklaw.com); and Brian Stoltz (Brian.Stoltz@tklaw.com): 

(1) Unopposed Motion for Extension ofTime for U.S. Pipe & Foundry Company, Inc. to 

File Motion to Quash or to Limit Respondent Counsel's Subpoean Duces Tecum; 

(2) [Proposed] Order Regarding U.S. Pipe & Foundry Company, Inc.'s Deadline to File 

Motion to Quash or to Limit McWane, Inc.'s Subpoena Duces Tecum; 

(3) This Proof of Service. 
I also certify that on this 5

th 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 

Gregory S.C. Huffman 

Thompson and Knight LLP 

1722 Routh Street, Suite 1500 

Dallas, TX 75201 

March 5, 2012 By: ~~i~~ Michael L, Hitsky 

LATHAM & WATKINS LLP 

555 Eleventh Street NW, Suite 1000 

Washington D.C., 20009 

Tel: (202) 637-2200 

michael.hitsky@lw.com 

Counselfor u.s. Pipe & Foundry 

Company, Inc.