_________________________________________ 

05 30 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
 

Pursuant to Rule of Practice 3.21(c)(2), Respondent McWane, Inc. (“McWane”) 

respectfully moves for a seven (7) day extension of time to respond and object to Complaint 

Counsel’s Requests for Admission served on May 22, 2012 and currently due on June 1, 2012. 

McWane also moves for corresponding 7-day extensions to the deadlines in the Scheduling 

Order for the provision of expert reports. In support of its motion, McWane states as follows: 

1. Complaint Counsel served Requests for Admission on Respondent McWane on 

May 22, 2012. Responses and objections are due on June 1, 2012, the same date established by 

the Scheduling Order as the close of discovery. During this same 10-day time period between 

May 22 and June 1 (which includes Memorial Day), eighteen (18) fact depositions have been or 

are scheduled to be taken in nine (9) different cities. Good cause exists for the requested 

extension in that McWane counsel does not have sufficient time to adequately respond to the 

detailed Requests on behalf of their client, McWane, in light of the other, ongoing discovery. 

2. Counsel for McWane has discussed the requested extension with Complaint 

Counsel. Because Complaint Counsel expects the responses to its Requests for Admissions to be 

used for its expert report, Complaint Counsel does not oppose the extension of time provided 

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there is a corresponding extension of the deadline for Complaint Counsel to provide its expert 

witness reports. The extension of the deadline for Complaint Counsel to provide expert witness 

reports would necessitate a similar extension of time of the deadline for McWane counsel to 

provide expert witness reports and the deadline for Complaint Counsel to identify rebuttal 

experts and provide rebuttal expert reports. Counsel for McWane agrees that there is good cause 

for this extension. 

3. In sum, if the relief sought by McWane is granted, (i) McWane’s responses and 

objections to the pending Requests for Admission would be due on Friday, June 8, 2012; (ii) the 

deadline for Complaint Counsel to provide expert witness reports would be extended to Friday, 

June 15, 2012; (iii) the deadline for McWane to provide expert witness reports would be 

extended to Friday, June 29, 2012; and, (iv) the deadline for Complaint Counsel to identify 

rebuttal experts and to provide rebuttal expert reports would be extended to Thursday, July 12, 

2012. Neither the trial date nor any other deadlines established by the Scheduling Order would 

be affected. 

4. No extensions of any other deadlines set by the Scheduling Order have been 

sought previously. 

5. A proposed Order is attached for the Court’s consideration. 

Respectfully submitted, 

/s/ J. Alan Truitt
 

Counsel for Respondent McWane, Inc. 


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02363685.1 
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 

02363685.1 

3 
 

 

 

 

 

 

 

 

 

 

CERTIFICATE OF SERVICE
 

This is to certify that on May 30, 2012, I filed the foregoing document electronically in 

PDF format using the FTC’s E-Filing System, which will send notification of such filing to: 

Donald S. Clark 

Secretary of Commission 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H113 

Washington, D.C. 20580 

I also certify that I delivered via overnight mail a copy of the foregoing document to: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

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

Washington, D.C. 20580 

I further certify that I served via electronic mail a copy of the foregoing document to: 

Edward Hassi 

Linda M. Holleran 

Michael J. Bloom 

Geoffrey M. Green 

J. Alexander Ansaldo 

Jeanine K. Balbach 

Michael L. Bloom 

Thomas H. Brock 

Monica Castillo 

Andrew K. Mann 

/s/ J. Alan Truitt 

J. Alan Truitt 

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02363685.1 
 

 

 

 

 

_________________________________________ 

_______________________________________ 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

_______________________________________ 

In the Matter of ) 

) 

MCWANE, INC., ) 

a corporation, and ) DOCKET NO. 9351 

) 

STAR PIPE PRODUCTS, LTD., ) 

 a limited partnership. ) 

ORDER ON UNOPPOSED MOTION FOR EXTENSION OF TIME 

On May 29, 2012, Respondent McWane, Inc. filed an unopposed motion seeking to 

extend the time for it to respond to pending Requests for Admission until June 8, 2012. 

Complaint Counsel does not object to the extension in the event the deadlines set by the 

Scheduling Order for Complaint Counsel to provide expert reports and rebuttal expert reports are 

extended by the same amount of time to June 15, 2012 and to July 12, 2012, respectively. In 

turn, McWane seeks a corresponding extension of the deadline in the Scheduling Order for it to 

provide expert reports to June 29, 2012. No other extensions have been sought and no other 

dates in the Scheduling Order would be affected. Based upon the agreement of the parties and 

good cause, the motion is GRANTED. 

ORDERED this ___ day of May, 2012 

D. MICHAEL CHAPPEL 

Chief Administrative Law Judge 

02362986.1