“August 5, 2002

August 9, 2002

August 12, 2002
August 19, 2002

August 22, 2002
August 22, 2002

August 28, 2002

September 4, 2002

September 10, 2002

Complaint Counsel to identify rebuttal expert(s) and
provide rebuttal expert report(s). Any such reporis are
to be limited to rebuttal of mattcrs set forth in
Respondents’ cxpert reports. 1f material outside the
scope of fair rebuttal is presented, Respondent will
have the nght to seck appropnate relief (such as
striking Complaint Counsel's rebuttal expert reports or
seeking Jeave to submit sur-rebuttal expert reports on
bchalf of Respondent).

Exchange and serve courtesy copy on ALJ of
objections to final proposcd witness lists and exhibit
lists. Exchange objections to the designated tesimony
to be presented by deposition and counter
designations.

Complaint Counsel files pretrial brief.
Respondents’ Counsel files pretrial brief.

Exchange proposed stipulations of law, facts, and
authenticity.

Deadline for depositions of experts (including rebuttal
experts).

File final stipulations of law, facts, and authenticity.
Any subsequent stipulations may be filed as agreed by
the partics.

Final prehearing conference to be held at 10:00 a.m. in
room 532, Federal Trade Commission Building, 600
Pennsylvania Avenue, N.W., Washington, D.C. The
parties are to mavel and confer prior to the conference
regarding trial iogistics and proposed stipulations of
law, facis, 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 will be
adpuitted or excluded to the extent practicable,

Commencement of Hearing, to begin at 10:00 a.m. in
room 532, Federal Trade Commission Building, 600
Pemsyivania Avenue, N.W., Washington, 1.C,


CERTIFICATE OF SERVICE

Thereby certify that I today caused 2 copy of the Joint Motion for Entering of First
Revised Scheduling Order to be delivered this day by hand to

The Honorable James P, Timony
Federal Trade Commission
H-104

6” and Pennsylvania Ave. N.W.
Washington D.C, 20580

Administrative Law Judge

and by Facsimile and by first-class mail to:

Dated: May 6, 2002

Jeffrey A. Leon

Duane M. Kelley
Winston & Strawn

315 W. Wacker Drive
Chicago, IL 60601-9703
(312) 558-5600

Nada Sulaiman.

Winston & Strawn

1400 L Street, N.W.
Washington, D.C. 20005

Counsel for Respondents Chicago Bridge & fron Company

N.Y. and Pitt-Des Maines, Inc.

Khe
sin el



ADDITIONAL PROVISIONS

1. Pursuant fo Rule 3.21{c){2), extensions or modifications ic these deadlines will be
made only upon a showing of good cause.

2. Compliance with the scheduled end of discovery requires that the partics serve
subpocnas and discovery requests sufficiently in advance of the discovery cut-off, that all
responses and objections will be duc on or before thal date, unless otherwise noted. Any motion
to compel responses to discovery requests shall be filed within 5 days of impasse if the parties

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

3. The parties are limited to a total of 50 document requests, 50 interrogatories, and
50 requesis for admissions, except that there shall be no limit on the number of requests for
admission for authentication und admissibility of exhibits. There is no limit to the number of
seis of discovery requests the parties may issue, so long as the total number of each type of
discovery request, including all subparts, does not exceed these limits. Additional discovery may
be permitted only for good cause 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 servicc. Objections to document requests, interrogatorics, and requests for
admission shall be due within 10 days of service.

The deposition of any person may be recorded by videotape, provided that the deposing
party notifies the deponent and all parties of its intention to record the deposition by videotape at
least five days in advance of the deposition.

4. The revised and tinal witness lists shall represent counsels’ good faith designation
of all potential witnesses who counsel reasonably expect may be called in their case-in-chief,
Partics shall notify the opposing party promptly of changes in witness lists to facilitate
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 witmess
ists previously cxchanged unless by order of the Administrative Law Judge upon a showing of

good cause.

5. The final exhibit lists shall represent counsels’ good faith designation of all trial
exhibits other than demonstrutive, illustrative, or summary 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.

6. The partics shall scrve upon one another, at the time of issuance, copies of all
subpoenas duces tecum and subpocnas ad testificandum. Counsel scheduling depositions shall
immediately notify a other counsel that a deposition has been scheduled.

Non-parties shall provide copies or make available for inspection and copying of
documents requested by subpoena to the parly issumg the subpoena. The party that has
requested documents from non-parties shall provide copies of the documents received from
non-parties to the opposing party within five business days of receiving the documents.


20 days following close of - Partics file proposed findings of fact and conclusions
record of law,

30 days following close of - Parties file responses to proposed findings of fact and
record conclusions of law.


11. ‘The procedure for marking of exhihits referred to in the adjudicative proceeding
shall be as {follows both parties shall number their exhibits with a single senes of consccutive
numbers. Complaint Counsel's exhibits shall bear the designation CX and Respondents’ exhibits
shall hear the designation RX or some other appropriate designation. (For example, the first
exhibit shail be marked CX-1 for Complaint Counsel.) When an exhibit consists of more than
one piece of paper, each page of the exhibit must bear a consecutive bates number or some other
consecutive page number.

All exhibit numbers must be accounted for, even if a particular number is not actually
used at trial. If a party selects certain, but rot ali, documents that it previously designated as -
deposition exhibits, the parry must indicate that certain numbers were not ased in the numbcring
process for designating tial exhibits. For example, if Complaint Counsel decided to not
introduce at trial documents previously marked at deposition as cxhibits CX-2, CX-4, and CX-6.
Complaint Counsel's list of cxhibiis would begin CX-1, CX-3, and CX-3. This method of
numbering exhibits for tial is acceptable, as long as the party also prepares a list of its exhibits
indicating that CX-2, CX-4, and CX-6 wore never designated as trial exhibits. Using this
example, in preparing the sct of original exhibits to give to the court reporter, Complaint Counsel
must indicate that CX-2, CX-4, and CX-~6 were never designated as trial exhibits by inserting in
their place a picee of paper or tab indicating the appropriate number.

12. At the final pre-hearing conference, counsel will be required to introduce all
exhibits they intend to introduce at trial. Counsel will also be required to give the originals of
exhibits to the court reporter, which the court reporter will keep.

ORDERED: __
James P. Timony

Chief Administrative Iaw Judge

Date: __

ORDERED:


UNITED STATES OF AMERICA

BEFORE FEDERAL TRADE COMMISSION
aI

In the Matter of

CHICAGO BRIDGE & IRON COMPANY N.Y.
a foreign corporation,

CHICAGO BRIDGE & TRON COMPANY

a corporation,

Docket No. 9300
and

PITT-DES MOINES, INC.

acorporation.

Ne ee ee ee

JOINT MOTION FOR ENTERING OF
FIRST REVISED SCHEDULING ORDER

To: The Honorable James P. Timony
Administrative Law Judge
Complaint Counsel and Respondents request that the attached First Revised Scheduling,
Order be entered in the above captioned proceeding.
Dated: Washington, D.C.

May 6, 2002


7. At the time an expert is first listed as a witness by a party, the listing party will
provide to the olher party:

(a) materials fully describing or identilying the background and qualitications of the
expert, list of all publications, and all prior cases in which the expert has testified
or has been deposed; and

(b) transcripts of such testimony in the possession, cuslody or control of the listing
party or the expert.

At the time an expert report is produced, the isting party will provide io the other party
all documents and other written materials relied upon by the expert in formulating an opinion in

this case.

Rach export report shall include the subject matter on which the expert is expected to
testify and the substance of the facts and opinion to which the cxpert is expected to testify and a
summary of the grounds of cach opinion.

8. Demonstrative, illustrative or summary exhibits (other than those prepared for
ctoss-exatnination) shall be supplied to opposing coumsei no Jater than 24 hours prior to the day
that they are to be oLfered at trial.

9, Service of all papers filed with the Commission shaj! be made on opposing
counsel and two courtesy copies to the Administrative Law Judge by 5:00 p.m. on the designated
date. Unless requested, the partics shall not serve courtesy copies on the ALJ of any papers
(including discovery requests and responses) that are not required to be filed with the Office of

ihe Secretary.
Deliveries shail be as follows:

Fer Complaint Counsel: Steven Wilensky, Esquire
FEDERAL TRADE COMMISSION
601 Pennsyivania Avenue, N.W.
Room $-3602
Washington, D.C. 20580

For Respondents’ Counsel: Jetirey Leon. Esquire
WINSTON & STRAWN
35 West Wacker Dr.
Chicago, IL 60601

All deliveries by facsimile shall be followed promptly by delivery of an original by hand
or by U.S. mail, first class postage prepaid. It shall be the obligation of the serving party to
ensure that service by facsimile has been effected.

10, Ali pleadings that cite to unpublished opinions or opinions uot available on
1LEX{S or WESTLAW shail include such copies as exhibits.


July 8, 2002

July 8, 2002
July 15, 2002

Fly 17, 2002

July 19, 2002

July 22, 2002
July 24, 2002

July 26, 2002

Close of discovery, other than discovery permitted
under Rule 3.24(a}(4), depositions of experts, and
discovery for purposes of authenticity and
admissibrlity of exhibits.

Complaint Counsel provides expert witness reports.

Parties that intend to offer into evidence at the hearing
confidential materials of an opposing party or
non-party must provide notice to the opposing party or
non-party, pursuant to 16 C.F.R. § 3.45(b).

Complaint Counsel provides to Respondents' counsel
its final proposed witness and cxhibit lists, including
designated testimony to he presented by deposition,
copies of ail exhibits (except for demonstrative,
illustrative or summary exhibits}, and a brief summary
of the testimony of each witness. Complaint Counsel
serves courtesy copies on ALJ of its final proposed
witness and cxhibit lists and 2 brief summary of the
testimony of each witness.

Respondents’ Counsel provides to Complaint Counsel
Hs final proposed wilucss and cxhibit lists, includmg
designated testimony to be presented by deposition
and copies of all exhibits (except for demonstrative,
illustrative or summary exlubits), and a bnef summary
of the testimony of each witness. Respondents’
Counsel serves courtesy copics on ALF of its final
proposed witness and exhibit lists and a bnef summary
of the testimony of each witness.

Respondents’ Counse} provides expert witness reports.

Deadline for filmg motions for in camera treatment of
proposed trial exhibits.

Deadline for filing motions in /imine and motions to
strike. (except as to experts)


UNITED STATES OF AMERICA
FEDERAL TRADE COMMISSION

)
Tn the Mutter of J
)
CHICAGO BRIDGE & IRON COMPANY N.Y.)
a foreign corporation, }
)

CHICAGO BRIDGE & TRON COMPANY, ) Docket No. 9300
a corporation, and )
)
PITT-DES MOINES, INC., )
a corporation. }
}

FIRST REVISED SCHEDULING ORDER

April 23, 2002 - Comptaint Counsel provides preliminary wituess list
{not including experts) with description of proposed
testimony.

April 30, 2002 - Respondents' Counsel provides preliminary witness
lists (uot including experts) with description of
proposed testimony.

April 30, 2002 - Complaint Counsel provides expert witness list.

May 7, 2002 - Respondents’ Counsel provides expert witness list.

May 21, 2002 - Status conference with AL to address disputes
regarding discovery and other pretrial matters, if
requested by parties.

May 28, 2002 - Complaint Counsel provides revised witness lists,
including preliminary rebuttal witnesses, with
description of proposed testimony.

June 3, 2002 - Respondents’ Counse] provides revised witness list,
including preliminary sur-rebuttal witnesses, with
description of proposed testimony.

June 7, 2002 - Deadline for issuing document requests, requests for

admission, interrogatorics and subpoenas duces tecum,
execpt lor discovery for purposes of authenticity and
admissibility of exhibits.


Respectiully submifed,
he

Steven L, Wiens

Cecelia Walied

Michael A. Franchak

Rhett R. Krulla

Federal Tracle Commission

601 Pennsylvania Ave, N.W.

Washington D.C. 20580
(202) 326-2650 ‘

Complaint Counsel

M. Kelley
Jeffrey A. Leon
Winston & Strawa

315 W. Wacker Drive
Chicago, IL 60601-9703
(312) 558-5600

Nada Sulaiman

Winston & Strawn

1400 L Strect, NW.
Washington, D.C. 20005
(202) 371-5700

Counsel for Respondents Chicago
Bridge & Iron Company N.V. and
Pitt Des-Moines, Inc.