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. 

SECOND UNOPPOSED MOTION FOR EXTENSION OF TIME FOR MUELLER 


WATER PRODUCTS, INC. TO FILE MOTION TO QUASH OR TO LIMIT 


.THE FEDERAL TRADE COMMISSION'S SUBPOENA DUCES TECUM 


COMES NOW MUELLER WATER PRODUCTS, INC., BY AND THROUGH ITS 

COUNSEL AND MOVES AS FOLLOWS: 

1. On or about March 15, 2012, Federal Trade Commission ("FTC") Complaint 

Counsel served on Mueller Water Products ("Mueller") a Subpoena Duces Tecum (the 

"Subpoena") containing requests for documents and data, with a response date ofApril 4, 2012. 

2. Mueller previously filed an unopposed motion to extend its deadline to file a 

motion to quash or to limit the Subpoena until April 27, 2012 or five (5) calendar days from the 

date on which Mueller or Complaint Counsel notified the other via email that the negotiations 

had broken down. The motion was granted, with a new deadline of April 30, 2012, by order of 

the Chief Administrative Law Judge signed March 28,2012. 

3. Mueller has produced responsive documents and data as agreed with Complaint 

Counsel through further negotiations. Complaint Counsel has requested additional time to 

review these documents and data to determine whether Complaint Counsel views them as a 

sufficient response to the Subpoena. 

4. To facilitate Complaint Counsel's review of these documents and data while 

preserving Mueller's opportunity to move to quash or to limit the Subpoena, Complaint Counsel 

has agreed not to oppose Mueller's request for an additional thirty-one (31) days in which to file 

LATHAM&WATKI N 5'LP ATTORNEYS AT LAw 

WASHINGTON, D.C. 
a motion to quash or to limit the Subpoena should Mueller and Complaint Counsel be unable to 

resolve all issues regarding Mueller's response to the Subpoena; provided, however, that if either 

Mueller or Complaint Counsel notifies the other via email that the negotiations have broken 

down, Mueller shall have instead five (5) calendar days from the date on which the email was 

sent to file a motion to quash or to limit the Subpoena. 

5. Therefore, Mueller requests that this Court grant it until the earlier of May 31, 

2012 or five (5) calendar days from the date on which Mueller or Complaint Counsel notifies the 

other via email that the negotiations have broken down to file a motion to quash or to limit the 

Subpoena. 

6. This extension has been agreed upon in order to afford Complaint Counsel 

sufficient time to review the documents and data that Mueller has produced and, if need be, to 

further negotiate with Mueller regarding its response to the Subpoena, thereby potentially 

avoiding the necessity of Mueller filing a motion to quash or to limit the Subpoena. 

7. Undersigned counsel represents that he has conferred with Complaint Counsel 

and that Complaint Counsel does not object to the proposed extension. 

Dated: April 30, 2012 Respectfully submitted, 

By Abbott ~Yf#h 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 

Attorneysfor Mueller Water Products, Inc. 
-----

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. 

[PROPOSED] ORDER GRANTING SECOND UNOPPOSED MOTION OF NON-PARTY 

MUELLER WATER PRODUCTS, INC. FOR EXTENSION OF TIME 

On April 30, 2012, non-party Mueller Water Products, Inc. ("Mueller") filed a second 

unopposed motion to extend the time for Mueller to file a motion to quash or to limit a Subpoena 

Duces Tecum (the "Subpoena") served on it on or about March 15,2012 by Federal Trade 

Commission ("FTC") Complaint Counsel, with a response date ofApril 4, 2012. 

By Order dated March 28,2012, Mueller was previously granted an extension oftime to 

move to limit or quash the Subpoena through April 30, 2012 or five (5) calendar days from the 

date on which Mueller or Complaint Counsel notifies the other via email that the negotiations 

have broken down. 

In support ofits motion, Mueller states that Complaint Counsel has requested additional 

time to review the documents and data that Mueller has produced to determine whether 

Complaint Counsel views them as a sufficient response to the Subpoena. Mueller further states 

that Complaint Counsel does not oppose an extension through the earlier ofMay 31,2012 or five 

(5) calendar days from the date on which Mueller or Complaint Counsel notifies the other via 

email that the negotiations have broken down, in order to afford Complaint Counsel sufficient 

time to review the documents and data that Mueller has produced and, ifneed be, to further 

negotiate with Mueller regarding its response to the Subpoena, thereby potentially avoiding the 

necessity ofMueller filing a motion to quash or to limit the Subpoena. 

Accordingly, based on the foregoing, the Unopposed Motion is GRANTED. It is hereby 

ORDERED that the deadline for non-party Mueller to file any motion to limit or quash the 

Subpoena shall be the earlier ofMay 31,2012 or five (5) calendar days from the date on which 

Mueller or Complaint Counsel notifies the other via email that the negotiations have broken 

down. 

ORDERED: 

D. Michael Chappell 

Administrative Law Judge 

Date: 
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 30th day ofApril, 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 two copies) 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.1avery@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) 	Second Unopposed Motion for Extension ofTime for Mueller Water Products, Inc. to 

File Motion to Quash or to Limit the Federal Trade Commission's Subpoena Duces 

Tecum; 

(2) [Proposed] Order Regarding Mueller Water Products, Inc. 's Deadline to File Motion 

to Quash or to Limit the Federal Trade Commission's Subpoena Duces Tecum; 

(3) This Proof of Service. 
I also certify that on this 30th day ofApril, 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. Huffinan 

Thompson and Knight LLP 

1722 Routh Street, Suite 1500 

Dallas, TX 75201 

April 30, 2012 By: 

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 Mueller Water Products, Inc.