ORIGINAL 
 JUt 0 5 2012 

5607B"f 

SECRETARY 

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 STAR PIPE PRODUCTS, LTD. 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. Star Pipe Products, Ltd. ("Star") responds to the motion filed by Complaint 

Counsel 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. Star is no longer a party to this proceeding and takes no position as to Complaint 

Counsel's request to exclude evidence. 

3. As to Complaint Counsel's request to reopen discovery, Star is unable to respond 

because Complaint Counsel has not identified any specific discovery they seek against Star. Star 

accordingly reserves any rights to object it may have until such time as Complaint Counsel 

identify a specific request to Star, and Star objects to any ruling to the extent the ruling would 

require Star to provide additional discovery without having the opportunity to object to any 

specific requests and/or respond to whatever specific arguments Complaint Counsel may choose 

to make as to Star's objections. 

Dated: July 5, 2012 
Respectfully submitted, 

/s/ Gregory S. C. Huffman 

Gregory S. C. Huffman 

William M. Katz,. Jr. 

Nicole L. Williams 

Brian W. Stoltz 

Thompson & Knight LLP 

1722 Routh Street, Suite 1500 

Dallas, Texas 75201 

(214) 969-1700 

fax: (214) 969-1751 

gregory .huffinan@tklaw.com 

william.katz@tklaw.com 

nicole. williams@tklaw.com 

brian.stoltz@tklaw.com 

Attorneysfor Star Pipe Products, Ltd. 
--------

UNITED STATES OF AMERICA 


FEDERAL TRADE COMMISSION 


OFFICE OF ADMINISTRA TIVE LAW JUDGES 


) 

In the Matter of ) 

) PUBLIC 

McWANE, INC., ) 

a corporation. ) DOCKET NO. 9351 

) 

-----------------------------) 

ORDER REGARDING ALTERNATE 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 ofprivilege and permit 

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

that advice." Star Pipe Products, Ltd. ("Star") has filed a response to Complaint Counsel's 

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

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

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

relief is denied as to Star. 

ORDERED: 

D. Michael Chappell 

ChiefAdministrative Law Judge 

Date: 
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 

Certificate of Service and Regarding Electronic Submission 

I certifY that on July 5, 2012, I submitted the "Response of Star Pipe Products, Ltd. 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" 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: 

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 III 

Maynard Cooper & Gale PC 

1901 Sixth Avenue North 

2400 Regions Harbert Plaza 

Birmingham, AL 35203 

Counsel for Mc Wane, Inc. 

(by email to 

joseph.ostoyich@bakerbotts.com) 

Matthew A. White 

Jason A. Leckerman 

Ballard Spahr LLP 

1735 Market Street, 51 st Floor 

Philadelphia, PA 19103-7599 

whitema@ballardspahr.com 

leckermanj@ballardspahr.com 

Edward Hassi 

Geoffrey M. Green 

Linda Holleran 

Thomas H. Brock 

Michael L. Bloom 

Jeanine K. Balbach 

J. Alexander Ansaldo 

Bureau ofCompetition 

Federal Trade Commission 

Washington, DC 20580 

Complaint Counsel 

(by email to ehassi@ftc.gov) 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Ave., NW, Rm. H-I06 

Washington, DC 20580 

(to oalj@ftc.gov and by Federal 

Express) 

Thad G. Long 

Thad Long Legal Services 
Counsel for SIGMA Corporation and 2880 Balmoral Road 

Tom Brakefield 	 Birmingham, AL 35223-1236 

Richard Gill 	 Michael S. Denniston 

. , Copeland, Franco, Screws & Gill Bradley Arant Boult Cummings, LLP , 444 South Perry Street 1819 Fifth Avenue North 

Montgomery, AL 36104 Birmingham, AL 35203 

gill@copelandfranco.com mdenniston@babc.com 

Counsel for Tom Brakefield 	 Jason D. Cruise 

Michale Hitsky 

Latham & Watkins LLP 

555 Eleventh Street, NW, Suite 1000 

Washington, DC 20004-1304 

jason.cruise@lw.com 

michael.hitsky@lw.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 Brian W. Stoltz 

Brian W. Stoltz