--

UNITED STATES OF AMERICA OR\G\NAL BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 tZ9~\~~3 

) Dr~f 2 2 LUUJ 

) 5't 566/ 

)

Polypore International, Inc. )

a corporation ) PUBLIC DOCUMENT 

) 

RESPONDENT'S MOTION TO AMEND ORDER SETTING HEARING SCHEDULE 

Respondent Polypore International, Inc. ("Polypore") respectfully moves this Cour to 

amend the Order Granting Respondent's Second Motion to Reopen the Hearing Record and 

Setting Hearing Schedule ("Order Setting Hearing Schedule"), to set the prehearing conference 

(curently scheduled to begin on November 4 at 10:00 a.m.) and the commencement date of the 

hearing (curently scheduled to begin on November 4 immediately following the prehearing 

conference) for November 9, 2009, i any other day the week of November 9, or such other 

suitable day and time as the Cour may direct. Under Respondent's proposal, all remaining
 

deadlines set forth in the Order Setting Hearing Schedule would remain the same. Counsel for 

Respondent conferred with Complaint Counsel in a good faith attempt to resolve by agreement 

the issues raised by the present motion, but has been unable to reach such an agreement. Neither 

Complaint Counsel nor any third pary wil be prejudiced by this minimal extension of the 

relevant dates and deadlines.
 

In support of 
 this motion, Respondent says: 

1 Respondent's Counsel previously approached Complaint Counsel about moving the hearing to November 6, 2009, but 

Complaint Counsel refused to consider moving the hearing date at alL. Due to a conflct of Philip Bryson, Respondent's General
 

Counsel, on November 6, Respondent requests that the prehearing conference and commencement of the hearing be moved to 

November 9, 2009, beginning at 10:00 a.m. 

PPAB 1618749vl 
1. On October 15, 2009, the Honorable D. Michael Chappell granted Respondent's
 

Second Motion to Reopen the Hearing Record in order to allow the reception of additional 

evidence limited to Respondent's proffer as set forth in the Order Setting Hearing Schedule. 

2. In addition to setting the prehearing conference and hearing dates, the Order Setting
 

Hearing Schedule sets forth the schedule for completing limited depositions, exchanging witness 

and exhibit lists, exchanging objections to such lists, filing stipulations with the Cour, filing 

objections to testimony or exhibits, filing in camera motions, and filing post-hearing
 

supplemental briefs and proposed findings of fact. 

3. Pursuant to the Order Setting Hearing Schedule, the prehearing conference is to begin
 

at 10:00 a.m. on Wednesday, November 4, 2009, with the commencement of the hearing 

beginning immediately after the prehearing conference. 

4. Unfortunately, Respondent's trial counsel, Willam L. Rikard, Jr., has an unavoidable
 

conflct on November 4 and 5, 2009, which canot be rescheduled. Moreover, one of the 

witnesses Respondent wil call to testify as to its proffer of evidence, Mr. Robert Toth2, also has 

an immovable conflct and wil be unavailable to testify on November 4 and 5, 2009. See 

Respondent's Reply Memorandum In Support of Second Motion to Reopen the Hearing Record 

at p. 5 (describing the evidence Respondent intends to offer through the testimony of 
 Mr. Toth). 

Mr. Toth's abilty to testify at the hearing is paricularly important to Respondent, and to the 

interests of justice, in order to ensure that the fact finder can "have all of the facts upon which it 

can render full justice on the merits" of the action. See Caracci v. Brother Int'l Sewing Mach. 

Corp., 222 F. Supp. 769, 771 (E.D. La. 1963, aff'd, 341 F.2d 377 (5th Cir. 1965). Mr. Rikard, 

Mr. Toth and Mr. Seibert are each available for a hearing on November 9,2009. 

2 On October 19, 2009, Complaint Counsel noticed the deposition of 
 Robert Toth in relation to Respondent's proffer of 

new and additional evidence in this matter. 

2 

PPAB 1618749v1 
5. More specifically, Mr. Rikard is attending a Board of 
 Trustees meeting on November 

4 and 5, 2009 for Union Theological Seminary - PSCE in Richmond, Virginia. Mr. Rikard is the 

Vice-Chairman of the Board and must attend this meeting. The Board wil be addressing a 

number of very important items in which Mr. Rikard has been intimately involved and for which 

he has specific responsibilties. For example, the President's performance review wil be 

conducted, and a presentation concerning an issue of the Charlotte campus relocation wil be 

made from a committee chaired by Mr. Rikard. This Board meeting has been on Mr. Rikard's 

schedule for over a year and canot be rescheduled.3 

6. Mr. Toth is scheduled to prepare for and participate in Polypore's Third Quarer
 

earings call on November 4 and 5, 2009. The earnings call with investors, which wil take 

place on November 5, 2009 at 9:00 a.m., has been on Mr. Toth's calendar since the beginning of 

the year. The date has been published to investors and analysts, and Respondent issued a public 

press release on October 5, 2009 concerning the date of the earings call. The call cannot be
 

rescheduled. An earings call is an obligation that every public company, including Polypore, 

has to its investors, and the call is critical to investors and rating agencies and has a significant 

impact on the value of Polypore's business. Polypore's earings release must be issued
 

following the close of business on November 4,2009. Because of 
 this obligation, Mr. Toth must 

paricipate in finalizing the earings release and preparing for the earings call on November 4. 

Preparation for the earnings call is a labor-intensive process that involves, among other things, 

finalizing the earings release, collecting and processing data from Polypore's business units to
 

support and explain the quarerly figures, finalizing the formal presentation/script for the 

earings call, preparing for questions from investors and analysts in compliance with earlier (and 

3 The Board only meets three times a year and Mr. Rikard missed the spring meeting because ofthe trial in this matter. 

This meeting wil address many other issues in which Mr. Rikard has been closely involved. 

3 

PPAB 1618749vl 
required) disclosures, and in this paricular quarer, presenting issues in a very comprehensive 

and understandable maner since Polyp 
 ore has a number of upcoming investor presentations and 

meetings in November and December. 

7. The scheduling order may be modified upon a showing of "good cause." 16 C.FR.
 

3.21. Pursuant to 16 C.F.R. § 4.3(b), the Administrative Law Judge may, for good cause shown, 

extend any time limit prescribed or allowed by the rules of Chapter 16 or by order of the 

Commission or the Administrative Law Judge. 16 C. F R. 4. 3 (b). Good cause has been defined to 

require a showing that the action sought could not have been achieved despite the dilgence of 

the part making the request. In re Chicago Bridge, No. 9300, 2002 FTC LEXIS 64, at *4 (Oct. 

16, 2002). 

8. Despite their dilgence and best efforts to re-schedule their previously scheduled
 

commitments, Polypore's chief trial counsel and one of its critical witnesses expected to testify 

on Polypore's behalf have been unable to resolve their scheduling conflcts. As a result, 

Polypore cannot effectively meet the deadlines set forth in the Order Setting Hearing Schedule. 

9. Respondent contends that such scheduling conflcts constitute good cause.
 

10. Consequently, in light of these unavoidable and immovable scheduling conflcts,
 

Respondent respectfully requests that the prehearing conference and commencement of the 

hearing be set for November 9, 2009, beginning at 10:00 a.m., or such other suitable day and 

time as the Cour may direct. Complaint Counsel has steadfastly refused to consider moving the 

hearing date at all. 

11. The remaining deadlines set forth in the Order Setting Hearing Schedule, both prior to 

the commencement of the prehearing conference and after the conclusion of the hearing, would 

remain unaltered by the extension sought by Respondent. 

4 

PPAB 1618749v1 
12. Moreover, the modest extension of the prehearing conference and the hearing date
 

sought by Respondent wil not prejudice Complaint Counselor have any impact on any third 

parties. 

CONCLUSION 

For the foregoing reasons, Respondent Polypore respectfully submits that it has 

demonstrated good cause to amend the Order Setting Hearing Schedule and therefore moves this 

Cour to enter an order amending the Order Setting Hearing Schedule as set forth above. A 

proposed order has been attached to Respondent's motion. 

5 

PPAB 1618749v1 
Dated: October 22,2009 Respectfully Submitted, 

€~ tAdL /se~


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 

willamrikard~parkerpoe.com 

ericwelsh~parkerpoe.com 

John F. Graybeal 

PARKER POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street 

Raleigh, NC 27602 

Telephone: (919) 835-4599
 

Facsimile: (919) 828-0564 

i ohngraybeal(fparkerpoe.com 

Attorneys for Respondent 

PPAB 1618749vl 
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 

On October 22, 2009, Respondent Polypore International, Inc. ("Polypore") filed a 

Motion to Amend Order Setting Hearing Schedule. Polypore has demonstrated good cause for 

extending the specified deadlines. Accordingly, Polypore's motion is GRANTED. 

It is hereby ORDERED that (a) the prehearing conference shall commence on Monday, 

November 9, 2009 at 10:00 a.m.; (b) the hearing shall commence on Monday, November 9, 2009 

immediately following the prehearing conference; and ( c) all other deadlines set forth in the 

Order Setting Hearing Schedule shall remain unchanged. 

ORDERED: 

D. Michael Chappell 

Administrative Law Judge 

Date: 

PPAB 1618749vl 
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 SCHEDULING ORDER 

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 Complaint Counsel in an effort in good faith to resolve by agreement the issues 

raised by Respondent's Motion to Amend Order Setting Hearing Schedule, and have been unable 

to reach such an agreement. 

Parker Poe and Complaint Counsel discussed these issues by telephone on October 19, 

2009. During this call, I was present for Parker Poe and 1. Robert Robertson, Esq., was present 

for Complaint CounseL. As a result of this discussion, it was concluded that Polypore and 

Complaint Counsel were at an impasse with respect to the issues raised in the instant Motion. 

Dated: October 22, 2009 Respectfully Submitted, 

£ ~ wLL !5fZW
 

Eric D. Welsh 

PARKR 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(fparkerpoe.com 

PPAB 1618749vl 
CERTIFICATE OF SERVICE
 

I hereby certify that on October 22, 2009, I caused to be fied via hand delivery and 

electronic mail delivery an original and two copies of the foregoing Respondent's Motion to 

Amend Order Setting Hearing Schedule, 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 October 22, 2009, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Respondent's Motion 

to Amend Order Setting Hearing Schedule 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 October 22, 2009, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Respondent's Motion to Amend 

Order Setting Hearing Schedule upon: 

1. Robert Robertson, Esq. Steven Dahm, Esq. 

Fcdcral Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson(fftc.gov sdahm(fftc.gov 

2~ ~ Lt 

Brian R. Weyhrich ~ 

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 

PPAB 1618749vl 
ORIGINAL d?
 

Parker Poe Brian R. Weyhrich 

Telephone: 704.335.9534
 

Direct Fax: 704.335.9776
 

brianweyhrich(§parkerpoe.com
 

October 22, 2009 

VIA HAND DELIVERY AND E-MAIL 

Donald S. Clark, Esq.
 

Secretary
 

Office of the Secretary of The Federal Trade 

Commission
 

600 Pennsylvania Avenue, N.W.
 

Room H-135 

Washington, DC 20580 

Re: In the Matter of Polypore International, Inc. 

Docket No. 9327 

Dear Secretar Clark: 

On behalf of Respondent Polypore International, Inc., I enclose for fiing a paper original 

and two (2) copies of the following document with regard to the above-referenced matter: 

1. Respondent's Motion to Amend Order Setting Hearing Schedule.
 

Sincerely, / / f
 

£i. ftc 

BRW/mnb 

Enclosures 

Parker Poe Adams & Bernstein LLP Attorneys and Counselols at Law Three Wachovia Center 401 South Tryon Street Suite 3000 Charlotte. NC 28202 

PPAB 1619034vl t 704.372.9000 f 704.334.4706 www.parkerpoe.com 

..