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FEDERAL TRADE COMMISSION 

UNITED STATES OF AMERICA ~jjJ OFFICE OF ADMINISTRATIVE LAW JUDGES 

) In the Matter of ) 

) POL YPORE INTERNATIONAL, INC., ) Docket No. 9327

Respondent. 

November 12,2008 ­

November 14,2008 ­

December 16, 2008 

December 18, 2008 

January 6,2009 

Januar 8, 2009
 

Januar 14, 2009
 

Februar 13,2009
 

February 13, 2009 

Februar 17,2009
 

) 

) 

SCHEDULING ORDER 

Complaint Counsel provides preliminar witness list (not 

including experts) with description of 
 proposed testimony. 

Respondent's Counsel provides preliminar witness lists (not 

including experts) with description of 
 proposed testimony. 

Complaint Counsel provides expert witness list. 

Respondent's Counsel provides expert witness list. 

Complaint Counsel provides revised witness lists, including 

preliminar rebuttal witnesses, with description of proposed 

testimony. 

Respondent's Counsel provides revised witness list, including 

preliminar sur-rebuttal witnesses, with description of proposed 

testimony. 

Deadline for issuing document requests, requests for admission, 

interrogatories and subpoenas duces tecum, except for discovery 

for purposes of authenticity and admissibility of exhibits. 

Close of discovery, other than discovery permitted under Rule 

3 .24( a)( 4), depositions of experts, and discovery for purposes of 

authenticity and admissibility of exhibits. 

Complaint Counsel provides expert witness reports. 

Deadline for fiing motions for summar decision. 
Februar 20, 2009 Respondent's Counsel provides expert witness reports. 

Februar 20, 2009 Complaint Counsel provides to Respondent's counsel its final 

proposed witness and exhibit lists, including designated testimony 

to be presented by deposition, copies of all exhibits (except for 

demonstrative, ilustrative or sumar exhibits), and a brief 

sumar of the testimony of each witness. 

Complaint Counsel serves couresy copies on ALJ of its final 

proposed witness and exhibit lists and a brief sumar of the 

testimony of each witness. 

Februar 27,2009 Complaint Counsel to identify rebuttal expert(s) and provide 

rebuttal expert report(s). Any such reports are to be limited to 

rebuttal of matters set forth in Respondent's expert reports. If 

material outside the scope of fair rebuttal is presented, Respondent 

wil have the right to seek appropriate relief (such as striking 

Complaint Counsel's rebuttal expert reports or seeking leave to 

submit sur-rebuttal expert reports on behalf of Respondent). 

February 27,2009 Respondent's Counsel provides to Complaint Counsel its final 

proposed witness and exhibit lists, including designated testimony 

to be presented by deposition and copies of all exhibits (except for 

demonstrative, ilustrative or sumar exhibits), and a brief 

summar of the testimony of each witness. 

Respondent's Counsel serves couresy copies on ALJ its final 

proposed witness and exhibit lists and a brief summar of the 

testimony of each witness. 

Februar 27,2009 Parties that intend to offer confidential materials of an opposing 

par or non-par as evidence at the hearing must provide notice 

to the opposing part or non-par, pursuant to 16 C.F.R. § 3.45(b). 

March 3, 2009 Deadline for fiing responses to motions for summar decision. 

March 6, 2009 Deadline for depositions of experts (including rebuttal experts). 

March 9, 2009 Deadline for filing motions in limine and motions to strike. (Such 

motions shall be no longer than 2500 words.) 

March 12, 2009 Deadline for filing motions for in camera treatment of proposed 

trial exhibits. 

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March 19,2009 Deadline for filing responses to motions in limine and motions to 

strike. 

March 19, 2009 Deadline for fiing responses to motions for in camera treatment of 

proposed trial exhibits. 

March 23,2009 Complaint Counsel files pretrial brief, to include proposed findings 

of fact and conclusions oflaw. To the extent possible, findings of 

fact shall be supported by document citations and/or deposition 

citations. Conclusions of law shall be supported by legal authority. 

March 25,2009 Exchange and serve couresy copy on ALJ objections to final 

proposed witness lists and exhibit lists. Exchange objections to the 

designated testimony to be presented by deposition and counter 

designations. 

March 31, 2009 Exchange proposed stipulations oflaw, facts, and authenticity. 

April 7, 2009 Respondent's Counsel fies pretrial brief, to include proposed 

findings of fact and conclusions oflaw. To the extent possible, 

findings of fact shall be supported by document citations and/or 

deposition citations. Conclusions of law shall be supported by 

legal authority. 

April 8, 2009 File final stipulations oflaw, facts, and authenticity. Any 

subsequent stipulations may be offered as agreed by the paries. 

April 9, 2009 Final prehearng conference to be held at 10:00 a.m. 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 of law, facts, and 

authenticity and any designated deposition testimony. Counsel 

may present any objections to the final proposed witness lists and 

exhibits, including the designated testimony to be presented by 

deposition. Trial exhibits wil be admitted or excluded to the 

extent practicable. 

April 14, 2009 Commencement of Hearing, to begin at 10:00 a.m. in room 532, 

Federal Trade Commission Building, 600 Pennsylvania Avenue, 

NW, Washington, DC 20580, or other location to be determined. 

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ADDITIONAL PROVISIONS 

1. Pursuant to Rule 3.21 (c )(2), extensions or modifications to these deadlines wil be 

made only upon a showing of good cause. 

2. For all papers that are required to be fied with the Office of 
 the Secretary, the paries shall serve a couresy copy on the Administrative Law Judge by electronic mail to the following 

email address: oali(gftc.gov by 5:00 p.m. on the designated date. This email account is to be 

used only for couresy copies of 
 pleadings filed with the Office of 
 the Secretar. All 

submissions shall bear the words "Docket 9327" in the re line. Service by email shall be 

followed promptly by delivery of two hard copies by the next business day. 

3. The paries shall serve each other by electronic maiL. Service by email shall be
 

followed promptly by delivery ofa hard copy through one of 
 the methods in 16 C.F.R. § 4.4(b).

Deliveries shall be as follows: 

For Complaint Counsel: name: J. Robert Robertson 

address:	 Federal Trade Commission 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

fax: 202-326-2214 

tel: 202- 3 26- 2008 

email: rrobertson(fftc.gov 

name:	 Steven A. Dah 

address:	 Federal Trade Commission 

601 New Jersey Ave., NW 

Washington, DC 20001 

fax: 202-326-2071 

tel: 202-326-2192 

email: sdah~ftc.gov 

For Respondent's Counsel: name: Wiliam L. Rikard, Jr. 

address: Three Wachovia Center 

401 South Tryon St., Suite 3000 

Charlotte, NC 28202 

fax: 704-335-9689 

tel: 704-335-9011 

email: wiliamrikard~arkerpoe.com 

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name: Eric D. Welsh 

address: Three Wachovia Center 

401 South Tryon St., Suite 3000 

Charlotte, NC 28202 

fax: 704-335-9755 

tel: 704-335-9052 

email: ericwelsh~parkerpoe.com 

4. Each pleading that cites to unpublished opinions or opinions not available on LEXIS 

or WESTLA W shall include such copies as exhibits. 

5. Each motion (other than a motion to dismiss or a motion for sumar decision) shall 

be accompanied by a signed statement representing that counsel for the moving par has 

conferred with opposing counsel in an effort in good faith to resolve by agreement the issues 

raised by the motion and has been unable to reach such an agreement. Motions that fail to 

include such statement may be denied on that ground. 

6. Each motion must attach a draft order containing the proposed relief. All such 

attachments must be titled "Proposed Order," instead of simply "Order." In no event shall a 

part file a pleading that is titled "Order." 

7. If papers fied with the Office of the Secretary contain in camera or confidential 

material, the filing par shall mark any such material in the complete version of their 

submission with fbold font and bracesl. 16 C.F.R. § 3.45. Parties shall be aware ofthe rules 

for fiings containing such information, including 16 C.F.R. § 4.2. 

8. Motions for in camera treatment for evidence to be introduced at trial must meet the 

strict standards set forth in 16 C.F.R. § 3.45 and explained in In re Dura Lube Corp., 1999 FTC 

LEXIS 255 (Dec. 23, 1999); In re Hoechst Marion Roussel, Inc., 2000 FTC LEXIS 157 (Nov. 

22,2000) and 2000 FTC LEXIS 138 (Sept. 19,2000); In re Basic Research, Inc., 2006 FTC 

LEXIS 14 (Jan. 25, 2006). Motions also must be supported by a declaration or affidavit by a 

person qualified to explain the confdential nature of the documents. In re North Texas Specialty
 

Physicians, 2004 FTC LEXIS 66 (April 23, 2004). Each part or non-par that fies a motion
 

for in camera treatment shall provide one copy of the documents for which in camera treatment 

is sought to the Administrative Law Judge. 

9. Compliance with the scheduled end of discovery requires that the paries serve 

subpoenas and discovery requests sufficiently in advance of 
 the discovery cut-off and that all 

responses and objections wil be due on or before that date, unless otherwise noted. Any motion 

to compel responses to discovery requests shall be fied within 5 days of impasse if the paries
 

are negotiating in good faith and are not able to resolve their dispute. 

10. Each par is limited to 50 document requests, 50 interrogatories, and 50 requests for 

admissions, except that there shall be no limit on the number of requests for admission for 

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authentication and admissibilty of exhibits. There is no limit to the number of sets of discovery 

requests the paries may issue, so long as the total number of each tye of discovery request, 

including all subpars, does not exceed these limits. Additional discovery may be permitted only 

for good cause shown upon application to and approval by the Administrative Law Judge. 

Responses to document requests, interrogatories, and requests for admission shall be due within 

20 days of service. Objections to document requests, interrogatories, and requests for admission 

shall be due within 10 days of service. 

11. The deposition of any person may be recorded by videotape, provided that the 

deposing par notifies the deponent and all paries of its intention to record the deposition by 

videotape at least five days in advance of the deposition. 

12. The paries shall serve upon one another, at the time of issuance, copies of all 

subpoenas duces tecum and subpoenas ad testifcandum. For subpoenas ad testifcandum, the
 

par seeking the deposition shall consult with the other paries before the deposition date is 

scheduled. 

13. Non-paries shall provide copies or make available for inspection and copying of 

documents requested by subpoena to the par issuing the subpoena. The par that has
 

requested documents from non-paries shall provide copies of the documents received from nonparies to the opposing par within five business days of 
 receiving the documents. No deposition of a non-par shall be scheduled between the time a non-par provides documents in 

response to a subpoena duces tecum to a par, and 3 days after the par provides those
 

documents to the other par, unless a shorter time is required by unforseen logistical issues in 

scheduling the deposition, or a non-part produces those documents at the time of 
 the deposition as agreed to by all paries involved. 

14. The revised and final witness lists shall represent counsels' good faith designation of 

all potential witnesses who counsel reasonably expect may be called in their case-in-chief. 

Paries shall notify the opposing par promptly of changes in witness lists to faciltate 

completion of discovery within the dates of the scheduling order. The final proposed witness list 

may not include additional witnesses not listed in the preliminary or revised preliminary witness 

lists previously exchanged unless by order of 
 the Administrative Law Judge upon a showing of 

good cause. 

15. The final exhibit lists shall represent counsels' good faith designation of all trial 

exhibits other than demonstrative, ilustrative, or sumar exhibits. Additional exhibits may be 

added after the submission of the final lists only by order of the Administrative Law Judge upon 

a showing of good cause. 

16. At the time an expert is first listed as a witness by a par, the listing par will
 

provide to the other par the qualifications of the witness, including a list of all publications 

authored by the witness within the preceding 10 years; the compensation to be paid for the study 

and testimony; a listing of any other cases in which the witness has testified as an expert 

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at trial or by deposition within the preceding 4 years; and transcripts of such testimony in the 

possession, custody or control of the listing par or expert. 

17. Each expert report shall contain a complete statement of all opinions to be expressed 

and the basis and reasons therefor; the data, materials, or other information considered by the 

witness in forming the opinions; any exhibits to be used as a sumar of or support for the 

opinions. Unless otherwise agreed by the paries, draft reports and notes of experts need not be 

produced. Communications between experts and counsel or consultants need not be produced 

unless relied upon by the expert in formulating an opinion in the case. 

18. A par may not discover facts known or opinions held by an expert who has been
 

retained or specially employed by another par in anticipation of litigation or preparation for
 

hearng and who is not listed as a witness at hearing.
 

19. Applications for the issuance of subpoenas commanding a person to attend and give 

testimony at the adjudicative hearing must comply with 16 C.F.R. § 3.34, must demonstrate that 

the subject is located in the United States, and must be served on opposing counseL. Oppositions 

to applications for issuance of subpoenas shall be due within three business days. 

20. Witnesses shall not testify to a matter unless evidence is introduced sufficient to 

support a finding that the witness has personal knowledge of 
 the matter. F.R.E. 602.
 

21. Witnesses not properly designated as expert witnesses shall not provide opinions 

beyond what is allowed in F.R.E. 702. F.R.E.701. 

22. Properly admitted deposition testimony and properly admitted investigational 

hearing transcripts are par of the record and may not be read in open cour. Videotape 

deposition excerpts that have been admitted in evidence may be presented in open court only 

upon prior approval by the Administrative Law Judge. 

23. The paries shall provide one another, and the Administrative Law Judge, no later
 

than 48 hours in advance, not including weekends and holidays, a list of all witnesses to be 

called on each day of 
 hearing, subject to possible delays or other unorseen circumstances. 

24. The paries shall provide one another with copies of any demonstrative, ilustrative 

or sumar exhibits (other than those prepared for cross-examination) 24 hours before they are 

used with a witness. 

25. Complaint Counsel's exhibits shall bear the designation PX and Respondent's 

exhibits shall bear the designation RX or some other appropriate designation. Both sides shall 

number the first page of each exhibit with a single series of consecutive numbers. When an 

exhibit consists of more than one piece of paper, each page ofthe exhibit must bear a 

consecutive control number or some other consecutive page number. Additionally, paries must 

account for all their respective exhibit numbers. Any number not actually used at the hearing 

shall be designated "intentionally not used." 

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26. At the final prehearing conference, counsel wil be required to introduce all exhibits 

they intend to introduce at triaL. Additional exhibits may be added after the final prehearng 

conference only by order ofthe Administrative Law Judge upon a showing of good cause. 

Counsel wil also be required to give the originals of exhibits to the cour reporter, which the 

cour reporter will maintain as par of the record. 

ORDERED: ~ WI (YI


D. Michael Chapp 

Administrative Law Judge 

Date: October 22, 2008
 

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