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 ORIGINAL i'.(.~'~' FiECUi/. to "".UGUIJ..EN!i': ..)-/(¿,.~;,\. 6 _ --. \ t'lt.(, .,f,/',i

UNITED STATES OF AMERICA i JUt Z 5 Z012 

BEFORE THE FEDERAL TRADE COMMISSION ',,~~~:.~~¿~ ...' 

In the Matter of PUBLIC 

McWANE, INC.,
 

a corporation.
 

DOCKET NO. 9351
 

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR NON-PARTY U.S. PIPE & 

FOUNDRY COMPANY, INC. TO FILE MOTION FOR 
 IN CAMERA TREATMENT OF 

COMPLAINT COUNSEL AND MCW ANE, INC. TRIAL EXHIBITS 

1. On or about July 17, 2012, Federal Trade Commission ("FTC") Complaint
 

Counsel and counsel for Respondent McWane, Inc. ("McWane") provided notice by 

correspondence that they have designated certain documents, data and deposition testimony of 

U.S. Pipe (the "U.S. Pipe Confidential Materials") for possible introduction as exhibits at the 

hearng in this matter. 

2. Complaint Counsel and counsel for McWane have indicated that the deadline for
 

U.S. Pipe's motion for in camera treatment of any U.S. Pipe Confidential Materials is Friday 

July 27, 2012. 

3. U.S. Pipe and its counsel are in the process of reviewing the U.S. Pipe
 

Confidential Materials and identifyng those for which U.S. Pipe will seek in camera treatment.
 

However, additional time is needed to complete the review process and to prepare the requisite
 

showing under 16 C.F.R. § 3.45(b) that those U.S. Pipe Confidential Materials are entitled to in 

camera treatment. 

4. Therefore, U.S. Pipe requests that this Court grant it an additional two (2)
 

business days until Tuesday July 31,2012 to fie a motion for in camera treatment. 

LATHAM&WATKINSLL' 

ATTORNEYS AT LAw 

WASHINGTON, D.C.
 
5. Counsel for U.S. Pipe have conferred with Complaint Counsel and McWane's
 

counsel and neither opposes this motion. 

Dated: July 25,2012 Respectfully submitted,
 

BYØ,~f~ Abbott B. LiPškY
 

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 for Mueller Water Products, Inc. 

and U.S. Pipe & Foundry Company, Inc. 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRAE COMMISSION
 

In the Matter of PUBLIC 

McWANE, INC.,
 

a corporation.
 

DOCKET NO. 9351
 

(PROPo'SEDJORDER ON MOTION OF NON-PARTY U.S. PIPE & FOUNDRY

COMPANY, INC. FOR EXTENSION OF TIME TO MOVE FOR IN CAMERA
 

TREATMENT OF PROPOSED COMPLAINT COUNSEL AND MCW ANE, INC.
 

TRIL EXHIBITS
 

On July 25, 2012, non-pary U.S. Pipe & Foundry Company, Inc. ("U.S. Pipe") filed an 

Unopposed Motion for Extension of 
 Time to file a motion for in camera treatment ("Motion"). 

Under the Scheduling Order in this matter, the deadline for submitting motions for in 

camera treatment under Rule 3.45(b) is Friday July 27, 2012. U.S. Pipe seeks an order
 

extending the deadline to Tuesday July 31,2012. 

U.S. Pipe states that Complaint Counsel and Respondent McWane's counsel provided 

notice, by correspondence dated July 17, 2012, that they may seek to introduce into evidence at 

trial certain documents, data and deposition testimony of 
 U.S. Pipe. U.S. Pipe further states that it is in the process of reviewing the materials and identifyng those materials or documents for 

which U.S. Pipe wil seek in camera treatment but that additional time is necessar to complete 

that process and prepare a motion making the requisite showing. 

U.S. Pipe further states that it has conferred with Complaint Counsel and Respondent McWane's counsel and that they do not oppose the requested extension of time. 

Based on the foregoing, there is good cause to grant U.S. Pipe an extension oftime to file 

a motion for in camera treatment. 16 C.F.R. § 3.21(c). Accordingly, the Motion is GRANTED. 

It is hereby ORDERED that the deadline for non-party U.S. Pipe to file a motion for in camera 

treatment shall be Tuesday July 31,2012. 

ORDERED: 

D. Michael Chappell 

Administrative Law Judge 

Date: 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of 

McW ANE, INC., DOCKET NO. 9351 

a corporation. 

PROOF OF SERVICE OF PUBLIC FILING AND CERTIFICATION 

I, Michael L. Hitsky, hereby certify that on this 25th day of July, 2012, I caused a copy of 

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

Secretary of 
 the Federal Trade Commission (original and two copies) and the Honorable D. 

Michael Chappell (two copies), 

and by electronic mail to the Honorable D. Michael Chappell (oali@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. Man (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); Wiliam Lavery (wiliam.lavery@bakerbotts.com); Alan 

Truitt (atruitt@maynardcooper.com); Thomas Thagard III (tthagard@maynardcooper.com); 

Gregory Huffian (Gregory.Huffian@tklaw.com); Wiliam Katz (Wiliam.Katz@tklaw.com);
 

Nicole Wiliams ilicoleWiliams@tklaw.com); and Brian Stoltz (Brian.Stoltz@tklaw.com): 

Time to File Motion for In Camera Treatment; (l) Motion for Extension of 


(2) (Proposed) Order Granting Motion for Extension of 	 Time to File Motion for In 

Camera Treatment; and 

(3) This Proof of Service.
 
I also certify that on this 25th day of July, 2012, I caused to be served one copy via 

Federal Express of 
 the foregoing documents upon: 

Edward Hassi 

U.S. Federal Trade Commission 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

Thomas W. Thagard III 

Maynard Cooper & Gale, P.C. 

1901 Sixth Avenue North 

2400 Regions/Harbert Tower 

Birmingham,AL 35203 

July 25, 2012 By: 4t-~~~ 

Michael L~Hit 

LATHAM & WATKIS LLP
 

555 Eleventh Street NW, Suite 1000 

Washington D.C., 20009 

Tel: (202) 637-2200 

michaeLhitsky@lw.com 

Attorney for Mueller Water Products, Inc.
 

and u.s. Pipe & Foundry Company, Inc.