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UNITED STATES OF AMERICA s-ltf 9 ~3 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

) 

Polypore International, Inc. ) 

a corporation ) PUBLIC DOCUMENT 

) 

RESPONDENT'S MOTION FOR LEAVE TO 

FILE SUPPLEMENT AL AFFIDAVIT OF HARRY D. SEIBERT 

Pursuant to Rule 3.22 of the Rules of Practice, Respondent Polypore International, Inc. 

("Polypore") respectfully moves for leave to fie a supplemental affidavit of Harry D. Seibert in 

further support of Respondent's Reply Memorandum In Support Of Second Motion To Reopen 

the Hearing Record ("Reply Memorandum"). The proposed supplemental affidavit is being 

conditionally fied herewith as Exhibit A. In support of this motion, Respondent states as
 

follows: 

1. On October 2, 2009, Administrative Law Judge Chappell entered an Order Requiring
 

Reply Brief 
 Respondent's Reply Memorandum be ("Order"). The Order specified that a copy of 


submitted by electronic mail to the Office of the Administrative Law Judges no later than 5:00 

p.m. on Wednesday, October 7, 2009. 

2. At approximately 4:48 p.m. on Wednesday, October 7, 2009, Respondent
 

electronically submitted its Reply Memorandum and the Affidavit of Hary D. Seibert in support 

thereof ("Affidavit") to the Office of the Administrative Law Judges. 

3. After the Affidavit was prepared and executed, additional relevant information related
 

to Exide Technologies, Inc. and the subject matter of the Affdavit arose. Because of the 5:00 

PPAB 1615611vl 
p.m. filing deadline, Respondent's counsel was not able to include this relevant information in 

the Affidavit filed on October 7, 2009. 

4. This newly proffered information set forth in the supplemental affidavit (Exhibit A) is 

relevant and admissible for the reasons set forth in Respondent's Reply Memorandum In Support 

Of Second Motion To Reopen The Hearing Record. 

5. Respondent's counsel has contacted Complaint Counsel, which has indicated that it
 

does not consent to the requested relief. 

2 

PPAB 1615611vl 
Dated: October 9, 2009 Respectfully Submitted,

Wiliam L. Rikard, Jr. tiÔ. t.~

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(fparkerpoe.com
 

ericwelsh(fparkerpoe.com
 

John F. Graybeal 

PARKER POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

j ohngraybeal(fparkerpoe.com 

Attorneys for Respondent 
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 have been unable to reach such an agreement. Parker Poe and 

Complaint Counsel discussed these issues on October 9, 2009. As a result of these
 

communications, Polypore and Complaint Counsel are at an impasse with respect to the issue 

raised in Respondent's Motion. 

Dated: October 9, 2009 6. &kEric 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 

ericwelsh(fparkerpoe.com 
CERTIFICATE OF SERVICE 

I hereby certifY that on October 9,2009, I caused to be fied via hand delivery and electronic mail 

delivery an original and two copies of the foregoing Motion For Leave to File Supplemental Affdavit 

and Proposed Supplemental Affdavit fPublicf, 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 

secretary(fftc. gov 

I hereby certifY that on October 9, 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 File 

Supplemental Affdavit and Proposed Supplemental Affdavit fPublicf upon: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oali gov (fftc. 

I hereby certifY that on October 9, 2009, I caused to be served via first-class mail delivery and 

electronic mail delivery a copy of the foregoing Motion For Leave to File Supplemental Affdavit and 

Proposed Supplemental Affdavit fPublicf 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 

rrobertson(fftc.gov sdahm(fftc.gov 

B~;J::R Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9534
 

Facsimile: (704) 335-9776 
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 GRANTING RESPONDENT'S MOTION 

FOR LEAVE TO FILE SUPPLEMENT AL AFFIDAVIT OF HARRY D. SEIBERT 

IT is ORDERED THAT, upon due consideration, Respondent Polypore International, 

Inc.'s Motion for Leave to File a Supplemental Affidavit of 
 Harry D. Seibert is hereby 

GRANTED. 

D. Michael Chappell 

Administrative Law Judge 

Date: 
EXHIBIT A
 

PROPOSED SUPPLEMENTAL AFFIDAVIT OF
 

HARRY D. SEIBERT (PUBLIC)
 

POLYPORE INTERNATIONAL, INC.
 

A CORPORATION
 

DOCKET NO. 9327
 
(REDACTED)