UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of

PUBLIC

McWANE, INC.,

a corporation. Docket No. 9351

RESPONSE OF SIGMA CORPORATION TO

COMPLAINT COUNSEL'S MOTION TO EXCLUDE EVIDENCE RELATING TO

ADVICE RELATED TO DIFRA AND ITS OPERATIONS, OR IN THE ALTERNATIVE,

TO COMPEL RELATED DISCOVERY

1. SIGMA Corporation ("SIGMA"), through undersigned counsel, hereby responds

to Complaint Counsel's motion requesting the Administrative Law Judge "to exclude evidence

relating to advice related to DIFRA and its operations, or in the alternative, to compel related

discovery."

2. SIGMA is no longer a party to this proceeding and takes no position regarding

Complaint Counsel's request to exclude evidence.

3. Furthermore, SIGMA cannot respond to Complaint Counsel's request to reopen

discovery, because Complaint Counsel has not identified any specific discovery they seek

against SIGMA. Accordingly, SIGMA reserves its right to object until such time as Complaint

Counsel identifies a specific request to SIGMA. In addition, SIGMA objects to any ruling that

would require SIGMA to provide additional discovery without the opportunity to object to

specific requests andlor respond to whatever arguments Complaint Counsel may make in

response to SIGMA's objections.

Dated: July 9, 2012

07 09 2012 
Respectfully submitted,

lsi Matthew A. White

Matthew A. White

Ballard Spahr lLP
 

1735 Market Street, 5151 Floor
 

Philadelphia, PA 19103
 

Phone: (215) 665-8500
 

Fax: (215) 864-8999
 

white rna @ballardspahr.com
 

Attorney for SIGMA Corporation
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

OFFlCE OF ADMINISTRATIVE LAW JUDGES
 

In the Matter of

PUBLIC

McWANE, INC.,

a corporation. Docket No. 9351

ORDER REGARDING ALTERNATIVE RELIEF REQUESTED BY COMPLAINT
 

COUNSEL IN MOTION TO EXCLUDE EVIDENCE
 

Complaint Counsel has filed a Motion to Exclude Evidence Relating to Advice Related to

DIFRA and Its Operations, or in the Alternative, to Compel Related Discovery, in which for

alternate relief, Complaint Counsel request that the undersigned "compel the production of any

DIFRA related documents that have been withheld on the basis of privilege and permit

Complaint Counsel to re-depose DIFRA's counsel and its Members related to the substance of

that advice." SIGMA Corporation ("SIGMA") has filed a response to Complaint Counsel's

motion, in which SIGMA takes no position on the issue of excluding evidence but does note that

Complaint Counsel have not identified any specific discovery sought against SIGMA. Finding

that SIGMA's response is well-taken, it is ORDERED that Complaint Counsel's request for

alternate relief is denied as to SIGMA.

ORDERED:

D. Michael Chappell

Chief Administrative Law Judge

Date: _
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

OFFlCE OF ADMINISTRA TIVE LAW JUDGES
 

Inthe Matter of

PUBLIC

McW ANE, INC.,

a corporation. Docket No. 9351

Certificate of Service and Regarding Electronic Submission

I certify that on July 9, 2012, I submitted the "Response to SIGMA Corporation to

Complaint Counsel's Motion to Exclude Evidence Relating to Advice Related to DIFRA and Its

Operations, or in the Alternative, to Compel Discovery" along with a proposed order,

electronically in PDF format using the FTC's E-Filing System, and also served a copy of the

foregoing document on the following by the method indicated:

The Honorable D. Michael Chappell
 

Administrative Law Judge
 

Federal Trade Commission
 

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

Washington, DC 20580
 

(by Federal Express)

Edward Hassi
 

Geoffrey M. Green
 

Linda Holleran
 

Thomas H. Brock
 

Michael L. Bloom
 

Jeanine K. Balbach
 

J. Alexander Ansaldo
 

Bureau of Competition
 

Federal Trade Commission
 

Washington, DC 20580
 

Complaint Counsel
 

(by email to ehassitisftc.gov; ggreentsftc.gov; lhollerantsftc.gov; tbrock@ftc.gov;

mjbloomssftc.gov; jbalbach@ftc.gov; jansaidossftc.govs
Joseph A. Ostoyich
 

William Lavery
 

Baker Botts L.L.P.
 

1299 Pennsylvania Ave., N.W.
 

Washington, D.C. 20004-2420
 

J. Alan Truitt
 

Thomas W. Thagard m
 Maynard Cooper & Gale PC
 

1901 Sixth Avenue North
 

2400 Regions Harbert Plaza

Birmingham, AL 35203

Counsel for MeWane, Inc.

(by email tojoseph.ostoyich@bakerbotts.com;William.lavery@bakerbotts.com;

atruitt@maynardcooper.com)

Gregory S.C. Huffman
 

William M. Katz, Jr.
 

Nicole L. Williams
 

Brian W. Stolz
 

Thompson & Knight LLP
 

1722 Routh Street, Suite 1500
 

Dallas, Texas 75201
 

Counsel for Star Pipe Products, Ltd.,
 

(by email togregory.huffman@tklaw.com;william.katz@tklaw.com;

nicole. williams@ tklaw. com; brian. stolz @tklaw.com)

Richard Gill
 

Copeland, Franco, Screws & Gill
 

444 South Perry Street
 

Montgomery, AL 36104
 

Counsel for Tom Brakefield
 

(by email togill@copelandfranco.com)

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

Secretary of the Commission via 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.

lsI Matthew A. White

Matthew A. White

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