__________________________________________ 

PUBLIC 

07 26 2012 

UNITED STATES OF AMERICA
	

BEFORE THE FEDERAL TRADE COMMISSION
	

OFFICE OF ADMINISTRATIVE LAW JUDGES
	

In the Matter of ) 

) PUBLIC 

McWANE, INC., )

 a corporation, and ) DOCKET NO. 9351 

) 

STAR PIPE PRODUCTS, LTD., )

 a limited partnership. ) 

__________________________________________) 

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR
	

RESPONDENT MCWANE, INC. TO FILE MOTION FOR IN CAMERA TREATMENT
	

OF HEARING EXHIBITS AND DEPOSITION DESIGNATIONS
	

1. On July 6, 2012, Complaint Counsel provided Respondent McWane, Inc. 

(“McWane”) its exhibit list in this case. At that same time, Complaint Counsel provided its 

deposition designations, and on July 16th, Complaint Counsel provided its deposition counterdesignations. Per the Scheduling Order, the deadline for McWane’s motion for in camera 

treatment of any McWane Confidential Materials is currently Friday, July 27, 2012. 

2. McWane and its counsel are in the process of reviewing the McWane 

Confidential Materials and identifying those for which it will seek in camera treatment. 

However, because of the volume of McWane Confidential Materials (over 500 McWane 

documents alone) that have been designated and the many other pretrial deadlines that have been 

met this month, additional time is needed to (i) complete the review process, (ii) identify which 

of the McWane Confidential Materials should be entitled to in camera treatment under the 

standards of Rule 3.45 (b), and (iii) prepare a motion and other supporting materials to make the 

requisite showing. 

02397725.1 
PUBLIC
	

3. Therefore, McWane requests that the Administrative Law Judge grant it an 

additional two business days, until Tuesday, July 31, 2012, to file a motion for in camera 

treatment. 

4. Counsel for McWane has conferred with Complaint Counsel about the 

relief requested in this motion, and they do not oppose the requested extension of four calendar 

days if Complaint Counsel will be granted until August 13, 2012, to respond. 

. Dated: July 26, 2012 

/s/ Thomas W. Thagard III 

Thomas W. Thagard III 

One of the Attorneys for McWane, Inc. 

OF COUNSEL: 

Joseph A. Ostoyich 

William C. Lavery 

Baker Botts L.L.P. 

The Warner 

1299 Pennsylvania Ave., N.W. 

Washington, D.C. 20004-2420 

Phone: 202.639.7700 

Fax: 202.639.7890 

joseph.ostoyich@bakerbotts.com 

andreas.stargard@bakerbotts.com 

J. Alan Truitt 

Thomas W. Thagard, III 

Julie S. Elmer 

Maynard, Cooper & Gale, P.C. 

1901 Sixth Avenue North 

2400 AmSouth/Harbert Plaza 

Birmingham, AL 35203-2608 

(205) 254-1000 

(205) 254-1999 (facsimile) 

atruitt@maynardcooper.com 

tthagard@maynardcooper.com 

jelmer@maynardcooper.com 

02397725.1 
 

__________________________________________ 

__________________________________________ 

 

 

PUBLIC
	

UNITED STATES OF AMERICA
	

BEFORE THE FEDERAL TRADE COMMISSION
	

In the Matter of ) 

) 

McWANE, INC., )

 a corporation, and ) DOCKET NO. 9351 

) 

STAR PIPE PRODUCTS, LTD., )

 a limited partnership. ) 

ORDER GRANTING EXTENSION OF TIME FOR RESPONDENT MCWANE, INC. 

TO FILE A MOTION FOR IN CAMERA TREATMENT 

On July 25, 2012, Respondent McWane, Inc. (“McWane”) filed an Unopposed Motion 

for Extension of Time to File Motion for In Camera Treatment of Hearing Exhibits and 

Deposition Designations. 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. McWane seeks an 

Order extending its deadline for filing motions for in camera treatment to July 31, 2012. 

In support of its motion, McWane states that Complaint Counsel previously provided 

notice on or about July 6 and July 16, 2012, that they may seek to introduce into evidence at the 

evidentiary hearing certain documents, data, and deposition testimony provided by McWane in 

discovery. McWane further states that it is in the process of reviewing confidential materials and 

identifying those for which it will seek in camera treatment. McWane further states that it has 

conferred with Complaint Counsel’s counsel and that they do not oppose the requested extension 

if Complaint Counsel will be granted until August 13, 2012, to respond. 

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

ORDERED that the deadline for McWane to file a motion for in camera treatment shall be 

Tuesday, July 31, 2012. Complaint Counsel’s opposition to such motion shall be filed no later 

than August 13, 2012. 

ORDERED: __________________________________ 

D. Michael Chappell 

Chief Administrative Law Judge 

Date: __________ 

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PUBLIC
	

Certificate of Service and Regarding Electronic Submission 

I certify that on July 26, 2012, I caused a copy of the Unopposed Motion for Extension of 

Time for Respondent McWane, Inc. to File Motion for In Camera Treatment of Complaint 

Counsel’s and McWane’s Hearing Exhibits and Deposition Designations, along with a proposed 

order, to be filed electronically with the Secretary of the FTC in PDF format using the FTC’s EFiling System, and also for a copy of these documents to be served on the following by the 

method indicated: 

Edward Hassi, Esq. 

Geoffrey M. Green, Esq. 

Linda Holleran, Esq. 

Thomas H. Brock, Esq. 

Michael L. Bloom, Esq. 

Jeanine K. Balbach, Esq. 

J. Alexander Ansaldo, Esq. 

Andrew K. Mann, Esq. 

Electronic mail: ehassi@ftc.gov 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-106 

Washington, DC 20580 

(to and by Federal Express) 

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

Secretary of the Commission of 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. 

/s/ Thomas W. Thagard III 

One of the Attorneys for McWane, Inc 

02397725.1