ORIGINAL

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRAE COMMISSION

In the Matter of

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PUBLIC DOCUMENT

Docket No. 9327

Polypore International, Inc.

a corporation.

MOTION TO EXTEND RESPONDENT'S TIME TO

RESPOND TO COMPLAINT AND TO SET DATE FOR

INITIAL SCHEDULING CONFERENCE

Counsel for Respondent moves to extend the time for Respondent to answer or otherwise

respond to the Complaint and to set an initial scheduling conference in this matter. Curently,

Respondent's response to the Complaint is due October 6, 2008. Respondent seeks, by this

motion, to extend the Respondent's time to fie an answer or otherwise respond to October 20,

2008. Subject to the Administrative Law Judge's convenience and the availability of Complaint

Counsel, Respondent respectfully requests an initial scheduling conference be set for October 22

or 23, 2008.

The extension of Respondent's time to respond to the Complaint is waranted due to the

complex natue. of the allegations in the Complaint and Respondent's retention of the

undersigned counsel upon the commencement of this litigation. Although the rules do not

require an initial scheduling conference until foureen (14) days after the answer has been filed,

the setting of an earlier initial scheduling conference may facilitate the smooth administration of

the case.

Respondent contacted Complaint Counsel to determine whether Complaint Counsel

would join in a joint motion to extend the time to answer or object to such a request. Complaint

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Counsel responded that it would not join the motion, but would not object to "a short extension

of time" on the condition that Respondent would not request a delay in discovery or the trial

date. Respondent canot agree to such conditions for a host of reasons. Respondent will set

forth those reasons in. detail in a motion regarding discovery and the trial date that wil be filed

shortly.

Simultaneously with the fiing of this motion, Respondent is also fiing a motion for a

more definite statement. The decision on that motion may affect the relief requested in this

motion. If that motion is granted, Respondent would request that it have the greater of

October 20, 2008, or consistent with Rule 3.12(9)(2), ten (10) days after service of the more

definite statement, as the time by which it must answer or otherwise respond. Respondent would

not change the dates for a scheduling conference on either October 22 or 23,2008, irrespective

of the Cour's decision on the motion for a more definite statement.

WHEREFORE, for these and such other reasons as may appear just to the Cour,

Respondent requests that ths Motion to Extend Respondent's Time to Respond to Complaint

and to Set Date for Initial Scheduling Conference be granted, and that the attached Order be

entered.

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Dated: September '2 ~, 1õ08 Respectfully submitted,

Wiliam L. Rikard, Jr.

~

Eric D. Welsh

Parker Poe Adams & Bernstein, LL

Three Wachovia Center

401 South Tryon Street, Suite 3000

Charlotte, NC 28202

Telephone: (704) 335-9011

Facsimile: (704) 334-4706

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JohnF. Graybeal

Parker Poe Adams & Bernstein, LLP

Wachovia Capitol Center

150 Fayettevile Street, Suite 1400

Raleigh, NC 27601

Telephone: (919) 835-4599

Facsimile: (919) 834-4564

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CERTIFICATE OF SERVICE

I hereby certify that on September 25, 2008, I caused to be filed via hand delivery and

electronic mail delivery an original and one copy of the foregoing Motion to Extend

Respondent's Time to Respond to Complaint and to Set Date for Initial Scheduling

Conference, 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 Secretar

Federal Trade Commission

600 Pennsylvania Avenue, NW, Rm. H-135

Washington, DC 20580

secretar~ftc.gov

I hereby certify that on September 25, 2008, I served via hand delivery and first-class

mail delivery a copy of the foregoing Motion to Extend Respondent's Time to Respond to

Complaint and to Set Date for Initial Scheduling Conference with:

The Honorable D. Michael Chappell

Administrative Law Judge

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

I hereby certify that on September 25, 2008, I served via first-class mail delivery and

electronic mail delivery a copy of the foregoing Motion to Extend Respondent's Time to

Respond to Complaint and to Set Date for Initial Scheduling Conference with:

J. Robert Robertson, Esq.

Federal Trade Commission

600 Pennsylvania Avenue, NW

Washington, DC 20580

rrobertson~ftc.gov

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Steven Dah, Esq.

Federal Trade Commission

600 Pennsylvana Avenue, NW

Washington, DC 20580

sdah~ftc.gov

Adam C. Shearer (l~

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

5

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UNITED STATES OF AMERICA

BEFORE THE FEDERA TRAE COMMISSION

In the Matter of

)

)

)

)

)

)

)

PUBLIC DOCUMENT

Docket No. 9327

Polypore International, Inc.

a corporation.

ORDER

Upon consideration of the Motion to Extend Respondent's Time to Respond to

Complaint and to Set Date for Initial Scheduling Conference and the Cour being fully inormed,

it is hereby

ORDERED that the Motion be GRANTED and that the Respondent shall answer or

otherwise respond to the complaint on or before October 20, 2008, and that the scheduling

conference shall be held October _, 2008, at .m.

The Honorable D. Michael Chappell

Chief Administrative Law Judge (Acting)

September _, 2008

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