__________________________________________

03 12 2012

UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

03 12 2012 оотйоп

)

In the Matter of )

)

McWANE, INC., ) Docket No. 9351

a corporation, and )

) PUBLIC DOCUMENT

STAR PIPE PRODUCTS, LTD., )

a limited partnership. )

__________________________________________)

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR GLIDEWELL

SPECIALTIES FOUNDRY CO., INC. TO FILE MOTION TO QUASH OR TO

LIMIT McWANE, INC.'S SUBPOENA DUCES TECUM

AND SUBPOENA AD TESTIFICANDUM

COMES NOW Glidewell Specialties Foundry Co., Inc. ("Glidewell"), by and through its

counsel, and moves as follows:

1. On March 1, 2012, counsel for respondent McWane, Inc. ("McWane") served on

Glidewell a Subpoena Duces Tecum containing requests for documents and data, with a response

date of March 21, 2012, and a Subpoena Ad Testificandum for a deposition, with a response date

of March 13, 2012 (the "Subpoenas").

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

§ 3.34(c), Glidewell has ten (10) days in which to file a motion to quash or to limit the

Subpoenas, which results in a deadline of March 12, 2012.

3. Counsel for Glidewell and McWane are engaged in negotiations regarding the

scope of McWane's requests, objections by Glidewell thereto, and the time required for

Glidewell to produce responsible documents and data. To facilitate those negotiations, Glidewell

has requested that McWane counsel agree that Glidewell shall have until March 30, 2012 in

1988745 v1
which to file a motion to quash or a motion to limit the Subpoenas should Glidewell and

McWane be unable to resolve all issues regarding Glidewell's response to the Subpoenas.

4. Glidewell requests that this Court grant it until March 30, 2012 to file a motion to

quash or to limit the Subpoenas, and that Glidewell's obligation to complete its response to the

Subpoenas shall be tolled during that period.

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

that McWane counsel does not object to the proposed extension.

Dated: March 12, 2012 Respectfully submitted,

/s/ Gerald P. Gillespy

Gerald P. Gillespy

R. Rhett Owens

BURR & FORMAN LLP

3400 Wells Fargo Tower

420 North 20th Street

Birmingham, Alabama 35203

Telephone: 205-251-3000

Facsimile: 205-458-5100

Email: gillespy@burr.com

rowens@burr.com

Attorneys for Glidewell Specialties Foundry

Co, Inc.

1988745 v1 2
CERTIFICATE OF SERVICE

I hereby certify that on March 12, 2012, I filed the foregoing document electronically in

PDF format using the FTC's E-Filing System, which will send notification of such filing to:

Donald S. Clark

Secretary

Federal Trade Commission

600 Pennsylvania Avenue NW, Room H-113

Washington, DC 20580

I hereby certify that on March 12, 2012, I caused to be served one copy via electronic

mail delivery and one copy via overnight mail delivery of the foregoing document upon:

The Honorable D. Michael Chappell

Administrative Law Judge

Federal Trade Commission

600 Pennsylvania Avenue NW, Room H-106

Washington, DC 20580

oalj@ftc.gov

I hereby certify that on March 12, 2012, I caused to be served one copy via electronic

mail delivery and one copy via first-class mail delivery of the foregoing document upon:

Thomas Brock

U.S. Federal Trade Commission

600 Pennsylvania Avenue NW

Washington, DC 20580

tbrock@ftc.gov

Joseph A. Ostoyich

Andreas Stargard

William C. Lavery

Baker Botts LLP

The Warner

1299 Pennsylvania Avenue NW

Washington, DC 20004

(202) 639-7700

joseph.ostoyich@bakerbotts.com

andreas.stargard@bakerbotts.com

william.lavery@bakerbotts.com

J. Alan Truit

Thomas W. Thagard, III

Maynard, Cooper & Gale, P.C.

1901 Sixth Avenue North

2400 Regions Harbert Plaza

1988745 v1 3
Birmingham, Alabama 35203

(205) 254-1000

atruitt@maynardcooper.com

tthagard@maynardcooper.com

Counsel for Respondent McWane, Inc.

Gregory S.C. Huffman

William Katz

Nicole Williams

Brian Stoltz

Thompson and Knight LLP

One Arts Plaza, Suite 1500

1722 Routh Street

Dallas, Texas 75201

(214) 969-1700

gregory.huffman@tklaw.com

william.katz@tklaw.com

nicole.williams@tklaw.com

brian.stoltz@tklaw.com

Counsel for Respondent Star Pipe Products, Ltd.

I also certify that the electronic PDF copy of the foregoing document sent to the

Secretary of the Commission via the FTC E-Filing System is a true and correct copy of the

original in my possession, which is available for review by the parties and the adjudicator.

March 12, 2012 By: /s/ Gerald P. Gillespy

Gerald P. Gillespy

1988745 v1 4
__________________________________________

____________________________________

UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

)

In the Matter of )

)

McWANE, INC., ) Docket No. 9351

a corporation, and )

)

STAR PIPE PRODUCTS, LTD., )

a limited partnership. )

__________________________________________)

[PROPOSED] ORDER REGARDING GLIDEWELL SPECIALTIES

FOUNDRY CO., INC.'S DEADLINE TO FILE MOTION TO QUASH OR

TO LIMIT McWANE, INC.'S SUBPOENA DUCES TECUM

AND SUBPOENA AD TESTIFICANDUM

Glidewell Specialties Foundry Co., Inc. ("Glidewell") proposes the entry of an Order

regarding Glidewell's response to McWane, Inc.'s Subpoena Duces Tecum and Subpoena Ad

Testificandum, extending Glidewell's deadline to file a motion to quash or to file a motion to

limit McWane, Inc.'s Subpoena Duces Tecum and Subpoena Ad Testificandum until and

including March 30, 2012, and tolling Glidewell's obligation to complete its response to

McWane, Inc.'s Subpoena Duces Tecum and Subpoena Ad Testificandum during that period.

Good cause having been shown,

IT IS SO ORDERED:

That the Unopposed Motion For Extension Of Time For Glidewell Specialties Foundry

Co., Inc. To File Motion To Quash Or To Limit McWane, Inc.'s Subpoena Duces Tecum and

Subpoena Ad Testificandum is GRANTED; and

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

Subpoena Duces Tecum and Subpoena Ad Testificandum is hereby extended until and including

March 30, 2012, and Glidewell's obligation to complete its response to McWane, Inc.'s Subpoena

Duces Tecum and Subpoena Ad Testificandum is tolled during that period.

D. Michael Chappell

Administrative Law Judge

DATED: _____________________

1988758 v1