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UNITED STATES OF AMERICA 

(í~~V'li4t)~,'~zs "I(;~,¡/,;''','~':\'\'';'' '. ,5J9J'16 ,l BEFORE THE FEDERAL TRADE COMMISSION ~~4/ 

In the Matter of ) 

) Docket No. 9327 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT 

) 

RESPONDENT'S MOTION TO COMPEL EXIDE TECHNOLOGIES TO PRODUCE 

DOCUMENTS REQUESTED BY SUBPOENA DUCES TECUM 

Respondent Polypore International, Inc. ("Polypore") respectfully submits this Motion to 

Compel Exide Technologies ("Exide") to Produce Documents Requested by Subpoena Duces 

Tecum, as amended by agreement between Polypore and Exide, in accordance with Commission 

Rule § 3.38(a)(2). This Motion is based on the grounds set forth in Poylpore's memorandum in 

support of its Motion to Compel Exide Technologies to Produce Documents Requested by 

Subpoena Duces Tecum. 

Respondent seeks the immediate production of documents and electronic data responsive 

to its subpoena duces tecum, as amended by agreement between Polypore and Exide. Counsel 

for Respondent has conferred with counsel for Exide in a good faith effort to reach a resolution 

on Exide's compliance with Respondent's subpoena duces tecum. Respondent and Exide have 

been unable to resolve the dispute and Respondent therefore respectfully petitions this Court for 

an Order requiring immediate compliance. 

PPAB 1521917vl 
Dated: January 12,2009 Respectfully Submitted, 

(l () ú/v&.. Wiliam L. Rikard, Jr. 

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 

williamrikard~parkerpoe.com 

ericwelsh~parkerpoe .com 

John F. Graybeal 

PARKR POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

iohngraybeal~parkerpoe.com 

Attorneys for Respondent 

2 

PPAB 1521917vl 
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 

Upon consideration of Respondent's Motion to Compel Exide Technologies to Produce 

Documents Requested by Subpoena Duces Tecum, any opposition thereto, and the Court being 

fully informed, 

IT is HEREBY ORDERED, that Respondent's Motion is GRANTED. 

IT is FURTHER ORDERED, that Exide shall immediately take all necessary steps 

toward producing to Respondent all subpoenaed documents responsive to Respondent's
 

subpoena duces tecum as soon as possible. Such production shall be completed within one (1) 

week from the date of issuance of 
 this Order. 

D. Michael Chappell 

Administrative Law Judge 

Date: 

PPAB 1521917vl 
CERTIFICATE OF SERVICE 

I hereby certify that on January 13, 2009, I caused to be fied via hand delivery and 

electronic mail delivery an original and two copies of the foregoing this Motion to Compel 

Exide Technologies to Produce Documents Requested by Subpoena Duces Tecum and 

Proposed Order, 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~ftc.gov 

I hereby certify that on January 12, 2009, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Motion to Compel 

Exide Technologies to Produce Documents Requested by Subpoena Duces Tecum and 

Proposed Order upon: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oali~ftc.gov 

I hereby certify that on January 12, 2009, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Motion to Compel Exide 

Technologies to Produce Documents Requested by Subpoena Duces Tecum and Proposed 

Order upon: 

J. Robert Robertson, Esq. Steven Dah, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson~ftc.gov sdahm~ftc.gov 

Donald J. Russell, Esq. 

Robbins, Russell, Englert, Orseck, 

Untereiner & Sauber LLP 

1801 K Street, N.W., Suite 411 

Washington, D.C. 20006 

drussell~robbinsrussell.com 

4 

PPAB 1521917vl 
Cl~


Adam C. Shearer
 

Parker Poe Adams & Bernstein LLP
 

Three Wachovia Center
 

401 South Tryon Street, Suite 3000
 

Charlotte, NC 28202
 

Telephone: (704) 335-9050
 

Facsimile: (704) 334-4706
 

4
 

PPAB 1521917vl 
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 16 C.F.R. § 3.22(0 

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 counsel for Exide Technologies ("Exide") in an effort in good faith to resolve by 

agreement the issues raised by Respondent's Motion to Compel Exide Technologies to Produce 

Documents Requested by Subpoena Duces Tecum, and have been unable to reach such an 

agreement. 

Parker Poe and counsel for Exide discussed these issues in correspondence on November 

20, 2008, November 26, 2008, December 4, 2008, December 22, 2008, January 5, 2009, and 

January 7, 2009. Additionally, Parker Poe met with counsel for Exide by conference call, 

including on November 18, 2008, November 25, 2008 and January 5, 2009, to further discuss 

these issues. During these calls, I was present for Parker Poe and Don Russell, Esq., was present 

for Exide. During the telephone call on January 5, 2009, counsel for Exide was unable to 

commit to have Exide's production complete by January 12,2009 and could not commit to when 

Exide's production would be complete. 

As a result of these discussions it was concluded that Polypore and Exide were at an 

impasse with respect to the issues raised in Polypore's Motion. 

PPAB 1521917vl 
Dated: January 12,2009 Respectfully Submitted,

Eric D. Wélsh 

6~

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~parkerpoe.com
 

PPAB 1521917vl