ORIG~NAL
 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

COMMISSIONERS:	 Wiliam E. Kovacic, Chairman 

Pamela Jones Harbour 

Jon Leibowitz
 

J. Thomas Rosch 

) 

In the Matter of ) 

Polypore International, Inc., 

) 

) 

Docket No. 9327 

Public 

) 

A corporation. ) 

) 

NON-PARTY THE MOORE COMPANY'S MOTION FOR EXTENSION OF TIME 

TO SEEK IN CAMERA TREATMENT OF DOCUMENTS 

DESIGNATED BY RESPONDENT POL YPORE INTERNATIONAL. INC. 

time, upto and until Non-Pary The Moore Company hereby seeks a brief extension of 


May 6,2009, to seek in camera treatment of documents designated by Respondent Polypore 

this motion, The Moore 

Company states as follows: 

By letter dated March 27,2009, Polyporeinformed The Moore Company that it intended 

to introduce evidence containing "Confidential Material" as that term is defined in the Protective 

Order. See Letter from Eric Welsh dated March 27,2009, attached hereto as Exhibit A. 

Contrary to the requirements of the Protective Order, 1 Polypore did not specifically identify 

which documents or records it intended to use at trial; instead, Polypore's letter merely stated 

that the Confidential Material "may be in the form' of documents The Moore Company has 

produced to Polypore's Counsel, documents The Moore Company has produced to the Federal 

International, Inc ("Polypore") as proposed trial exhibits. In support of 


i The Protective Order states that counsel who plans to introduce into evidence at a hearing any document 

containing Confidential Material produced by a third part is required to provide 10 days notice to the third part for 

puroses of allowing that part to seek in camera treatment of such documents. See Protective Order, paragraph 12.
 

790271 
Trade Commission, documents used in depositions of 
 The Moore Company's witnesses, and/or

the deposition testimony or transcripts of 
 The Moore Company's witnesses." Id.

By Order dated April 
 8, 2009, Administrative Law Judge Chappell granted Polypore and

Complaint Counsel's joint motion to modify the Scheduling Order to obtain an extension of time 

9, for filing in camera motions for designated non-party witness deposition transcripts. On April 


2009, The Moore Company filed a Motion For Extension of Time to Seek In Camera Treatment 

of the documents designated by Polypore as proposed trial exhibits. By Order dated April 14, 

2009, this Cour granted The Moore Company's Motion For Extension of Time to Seek In 

17, 2009, Camera Treatment, and directed Polypore to inform The Moore Company by April 


with specificity, which documents in intended to introduce at triaL. The Moore Company was 

directed to file its motion for in camera treatment for such documents, not including affidavits, 

by April 24, 2009 -- one week after Polypore was required to make its specific designations. 

17, 2009, Polypore provided The Moore Company with "a list identifying 

evidence" Polypore "may introduce at the May 12, 2009 hearing" in this matter. See Letter from 

On April 


17, 2009, attached hereto as Exhibit B. According to Polypore's letter, 

this list specified "The Moore Company's documents and witness testimony which Polypore 

Eric Welsh dated April 


intends to introduce at trial" . . . "subject to information leared during the April 
 23, 2009

deposition of 
 Mr. Guy Dauwe." Id. Polypore's list identified over 160 individual Bates ranges

of documents, consisting of approximately 1566 pages of evidence. The sheer volume of 

documents designated by Polypore rendered it impossible for The Moore Company to comply 

with the one-week deadline for seeking in camera treatment, in par due to the strict standards 

governing in camera applications and the level of detail and specificity required to support such 

2 790681 
applications. See, e.g., In re Hoechst Marion RousseL. Inc., 2000 FTC LEXIS 138 (Sept. 19, 

2000). 

On April 23, 2009, Complaint counsel and counsel for Polypore deposed Guy Dauwe, the 

Managing Director of Amer-Sil, in Washington, D.C. At the close of 
 Mr. Dauwe's deposition

(approximately 3:00 pm), counsel for The Moore Company was informed by Polypore's counsel 

that it had narrowed its proposed trial designations to the following documents: 

Trial Ex.	 Description Date Begin Doc. No. End Doc. No. 

No. 

RX 1606 Sales Report by Country 01/01/05 - AM 0026113 AM 0026116 

and Customer 3/12/05 

RX 1607 Sales Report by Country 01/01/06 - AM 0026117 AM 0026119 

and Customer 3/12/06 

RX 1608 Sales Report by Country 01/01/07 - AM 0026120 AM 0026123 

and Customer 3/12/07 

RX 1609 Sales Report by Country 01/01/08 - AM 0026124 AM 0026124 

and Customer 3/12/08 

RX 1610 East Penn Hisory Sales 2000/2003 AM 0026468 AM 0026473 

RX 1611 Sumary of Order and 2008 AM 0101694 AM 0101702 

Sales 

RX 1612 Marketing - Sales 2007 AM 0150896 AM 0150908 

RX 1613	 Growth at Amer-Sil 8/23/07 AM 0291731 AM 0291741 

RX 1614	 Amer-Sil S.A. 3/01/08 AM 0295059 AM 0295085 

5- Year Strategy Plan 

RX 1615	 Exide Global Separator 6/16/07 AM 0003789 AM 003802 

RFP: Amer-Sil Proposal 

RX 1616	 Confirmation of Commitment 9/21/07 AM 0197513 AM 0197513 

and Readiness for Separator 

Proposal 

RX 1617	 Timeline for Capacity 2008 -2009 AM 0297189 AM 0297192 

Increase 

RX 1618	 Mutual Confidentiality and Dec. 2008 AM 0297259 ' AM 0297264 

Non-Disclosure Agreement 

3 790681 
RX 1619 Enersys USA: Feedback 3/31/08 AM 0288909 AM 0288910 

re: Amer-Sil Separator 

RX 1620 Amer-Sil Growth Plan 7/02/08 AM 0291633 AM 0291634 

Non-Organic Growth 

Opportunities 

RX 1621 Price Proposal for Woven 8/28/08 AM 0069915 AM 0069924 

Gauntlets for US and meeting 

Proposal-sp 

RX 1622 11 tn ELBC Warsaw 10/1 0/08 AM 0037744 AM 0037753 

23.09 - 26.09.2008 

RX 1623 Email re Product 11/26/08 AM 0286572 AM 0286573 

Presentation 

RX 1624 Meeting at Crown 12/08/08 AM 0285044 AM 0285069 

Battery Amer-Sil 

Product Presentation 

RX 1625 Amer-Sil 2007 Operating 2007 AM 0290714 AM 0290714 

Budget - TechnicaDepartment 

Separators - Research & 

Development by Project 

RX 1626 Notes / IFE Catalog 2008 2008 AM 0026050 AM 0026053 

Strategie & Communication 

RX 1627 Memo to Peter Moore re 04/04/2008 AM 0026077 AM 0026077 

Meeting Minutes FTC 

Discussion 

RX 1628 Sales & Marketing 2008 AM 0250964 AM 0250999 

Presentation 

RX 1629 Visit Report Enersys / 10/16/08 AM 0037251 AM 0037256 

Kehlen 

The Moore Company is in the process of preparing a motion for in camera treatment 

relating to Polypore's revised trial designations. However, because of the late notice The Moore 

Company was given of Polyp ore's trial designations, The Moore Company requires additional 

time to prepare its motion. 

Complaint Counsel, through Benjamin Gris, Esq., does not object to the requested 

extension. Counsel for Polypore, through Adam Shearer, Esq., does not object to an extension of 

time, but has not indicated a position with respect to the May 6th proposed date. 

4 790681 
WHEREFORE, The Moore Company respectfully requests an extension time until May 

6,2009 to file its motion for in camera treatment of Polyp ore's proposed trial designations,

amended as of April 
 23, 2009.

Respectfully submitted, 

THE MOORE COMPANY 

By its attorneys, 

1-ýK :fa~ O/?7~
 Michael 1. Connolly 

Laura B. Angelini 

HINCKLEY, ALLEN & SNYDER LLP 

28 State Street 

Boston, Massachusetts 02109-1775 

Dated: April 24, 2009 (617) 345-9000 

CERTIFICATE OF SERVICE 

I hereby certify that on April 24, 2009, I caused a copy of this document to be served 

upon the following persons via first class mail, postage pre-paid: 

Eric D . Welsh, Esq. (first-class mail and email) 

Parker Poe Adams & Bernstein LLP 

Three WachoviaCenter, Suite 3000 

401 South Tryon Street 

Charlotte, NC 28202-1935 

(704) 372-9000 

J. Robert Robertson, Esq. (first-class mail and em 
 ail) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

Steven Dahm, Esq. (first class mail and email) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

5 790681 
ail) 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, D.C. 20580 

Benjamin Gris (first class mail and em 


ail) 

Federal Trade Commission 

600 Pennsylvana Avenue, NW, Room H-I06 

Washington, DC 20580 

Administrative Law Judge D. Michael Chappell (two by first class mail and by em 


Donald S. Clark (original and two copies) 

Secretary of the Federal Trade Commission 

600 Pennsylvania Avenue, NW, Room H-135 

Washington, DC 20580 

'trl\ y O~ ~~ 

6 790681 
Exhibit A
 
i 

PARKER POE 

PARR POEADAMS & BERST LLP 

Eric D. Welsh Three Wachovia Center Attorneys and Counselors at Law

Parer 401 South Tryon Street 

Suite 3000 

Charlotte, NC 28202.1942 

Telephone, 704.335.9052
 

Direct Fax: 704.335.9755
 

Telephone 704.372.9000
 ericwelsh(ßparkerpoe.com I. Fax 704.334.4706
 

March 27, 2009 www.parkerpoe.com 

VIA ELECTRONIC MAIL AND FIRST CLASS MAIL 

THE MOORE COMPANY 

36 Beach Street 

Westerly, RI 02891 

Michael 1. Connolly 

Laura B. Angelini 

Hinckley, Allen, & Snyder LLP 

28 State Street 

Boston, Massachusetts 02109- 1 77 5 

mconnoiiýig.HASLAW.com 

langelini~HASLA W.com 

Re: In the Matter of Polyp ore International, Inc.
 

Docket No. 9327
 

Ladies and Gentlemen: 

My firm represents Polypore International, Inc. ("Polypore") in connection with a matter 

pending before the Federal Trade Commission entitled In the .Matter of Polypore International, 

Inc., Docket No. 9327 (the "Matter"). The hearing of this Matter is set to begin on May 12, 

2009. 

Pursuant to the terms of the Protective Order Governing Discovery Material ("Protective 

Order")(a copy is enclosed) and Ru1e 3,45(b)of the Rules of Practice for Adjudicative 

Proceedings before the United States Federal Trade Commission ("Rule 3.45(b)"), you are 

hereby notified that Polypore's Counsel. intends to introduce evidence containing Confidential
 

Material, as that term is defined in the Protective Order, at the May 12, 2009 hearing of this 

Matter. The Confidential Material may be in the form of documents The Moore Company has 

produced to Polypore's Counsel, documents The Moore Company has produced to the Federal 

Trade Commission, documents used in depositions of The Moore Company's witnesses, and/or 

the deposition testimony or transcripts of The Moore 
 Company's witnesses.

The Confidential Material introduced into evidence at the hearng of this Matter wil
 

continue to be subject to the Protective Order, which safeguards against the use or disclosure of 

confidential information submitted or produced in connection with this Matter. However, please
 

CHAESTON, SC
 

COLUMIA, SC
 

MYTLE BEACH, SC 

RAEIGH, NC
 

SPARTANBURG. SC
 

PPAB 1548905vl 
March 27, 2009 

Page 2
 

be aware that all exhibits entered into evidence become par of the public record unless in 

camera status is granted by Administrative Law Judge Chappell. Please let this letter serve as 

formal notice that pursuant to the terms ofthe Protective Order and Rule 3.45(b), you may obtain 

in camera treatment for such Confdential Material, or any portion thereof, only by appropriate 

motion to the Administrative Law Judge. If you have any questions regarding the foregoing, 

please feel free to contact me. 

Sincerely yours, 

£~ Í/U /ßf1lJ 

Eric D. Welsh 

EDW /brw 

Enclosure 

PP AB 1548905Vl 
UNITED STATES OF AMRICA 

FEDERA TRADE COMMISSION
 

OFFICE OF ADMINISTRTIVE LAW JUDGES 

In the Matter of 

) 

) 

Polypore International, Inc. 

) 

) 

Docket No. 93Z7 

a corporation. ) 

) 

PROTECTIVE ORDER GOVERNNG DISCOVERY MATERI 

For the purose of protecting the .interests of the Paries anCl Third Paries in the abovecaptioned matter against improper use and disclosure of confidential information submitted or 

produced in connection with this Matter: 

IT is HEREBY ORDERED THAT this Protective Order Governing Confdential 

Matenal ("Protective Order") shall govern the handling of all Discovery Matenal, as hereafter 

defined. 

DEFINITIONS 

For puroses of 
 this Protective Order, the following definitions apply: 

I. "Confidential Material" shall mean all Discovery Material that is confidential or
 

propnetar infonnation produced in discovery. Such material is referred to in, and protected by, 

section 6(f) of the Federal Trade Commission Act, 15 V.S.C. § 46(f); section 21 of the Federal 

Trade Commission Act, is U$C. § 57b-2, the FTC Rules of
 . " .
 Practice, Sections 4.9, 4.10,16

C.F.R. §§ 4;9, 4; i 0; and precedents thereunder. Confidential Material shall include non-public 

trade secret or other research, development, commercial or financial information, the disclosure 

of which would likely cause commercial han to the Producing Par or to Respondent. The 
following is a non-exhaustive list of examples of information that likely will qualify for 

treatment as Confidential Material: strategic plans (involving pricing, marketing, researh and 

development, product road maps, corpori:te alliances, or mergers and acquisitions) that have not 

. been fully implemented or revealed to the public; trade secrets; customer-specific evaluations or

. . 

data (e.g., prices, volumes, or revenues); sales contracts; system maps; personnel fies and 

evaluations; information subject to confdentiality or non-disclosure agreements; proprietar 

techncal or engineering information; proprietar financial data or projections; and proprietar 

consumer, customer, or market research or analyses applicable to current or futue market 

conditions, the disclosure of which could reveal Confidential MateriaL. Discovery Material will 

not be consideted confidential if it is in the public domain. 

2. "Document"meas the complete original or a tre, correct, and complete copy 

and any non-identical copies of any wrtten or graphic matter, no matter how produced, 

recorded, stored, or reproduced. "Document" includes, but is not limited to, any wrting, letter, 

envelope, telegraph, e-mail, meeting minute, memorandum, statement, afdavit, declartion,
 

transcript of oral testimony, book, record, survey, map, study, handwrtten note, working paper, . .
 

char, index, tabulation, grph, drawing, char, printout, microfilm index, computer readable
 

media or other electronicaUy stored data,.appointment book, diar, diar entr, calendar,
 

organizer, desk pad, telephone message slip, note of inteiview or communcation, and any other 

data compilation from which information can be obtained, and includes all dra:fts and all copies 

of such Documents and every wrting or record that 
 contains any commenta, notes, or marking 

whatsoever not appearng on the originaL. 

3. "Discovery Material" includes without limitation deposition testimony, exhibits,
 

interrogatory responses, admissions, affidavits, declarations, Documents, tagible thing or 

-2­
answers to questions produced pursuant to compulsory process or voluntarly in lieu thereof, 

and any other Documents or information produced or given to one Par by another Part or by a
 

Third Par iIi connection with discovery in this Matter. Information taken from Discovery 

Material that reveals its substance shall also be considered Discovery MateriaL. 

4. "Commission" shall refer to the Federal Tn~de Commission, or any ofits 

employees, agents, attorneys, aId all other persons acting on its behalf, excluding persons 

retained as consultats or experts for puroses of ths proceeding.
 

5. "Polypore" means Polypore International, Inc., and its predecessors, divisions, 

and subsidiares, and all persons acting or purprting to act on its behalf. 

6. "Respondent" means Polypore.
 

7. "Par" means the Comnission or Polypore.
 

8. "Third Par" means any natural person, parnership, corporation, association, or 

other legal entity not named as a Par to this Matter and its employees, directors, officers, 

attorneys and agents. 

9. "Producing Par" means a Part or Third Par that produced or intends to 

produce Confidential Material to any of the Paries. With respect to Confdential Material of a
 

Third Par that is in the possession, custody 
 or control of the FTC, or has been produced by the

FTC in this mattr, the Producing Par sháii mean the Third Par that originally provided such 

material to the FTC. The Producing Part shall mean the FTC for puroses of any Document or 

Discovery Material prepared by" or on behalf of, the FTC. 

to. "Matter" means the above captioned matter pending before the Federal Trade
 

Commission, and all subsequent administrtive, appellate or other review proceedings related 

thereto. 

-3­
TERlS AND CQNDITIONS OF PROTECTIV ORDER 

1. Any Document or portion thereof submitted by Respondent or a Third Par 

dung the Federal Trade Commission ("FTC") investigation preceding ths Matter or during the 

course of proceedings in this Matter that is entitled to confidentiality l;nder the Federal Trade 

Commission Act, or any regulation, interpretation, or precedent concerning documents in the 

such possession of the Commission, as well as any information taken from any portion of 


document, shall be treated as Confidential Material for 
 puroses ofthis Protective Order. For 

this Protective Order, the identity ofa Third Par submitting such Confdential puroses of 


Material shall also be treated as Confidential Material where the submitter has requested in 

wrting such confdential treatment. 

with infonnal discovery requests, 2. The Paries and any Thrd Paries, in complying 


formal process in this Matter lIay designate any 

responsive document or portion thereof Confidential Material, including documents obtained by 

them from Third Pares pursuant to discovery or as otherwise obtaned. 

disclosure requirements, discovery demands or. 

3. The Paries, in conducting discovery from Third Parties, shall provide to each
 

Third Par a copy of this Protective Order so as to infonn each such Third Par of his, her or its 

rights herein. 

4. A designation of confidentiality shall constitute a representation in good faith and
 

afer careful deternination that the material is llot reasonably believed to be already in the public 

domain and that counsel believes the material so designated constitutes Confidential Material as 

the Definitions of this Protective Order. All deposition transcripts defined in Paragraph 1 of 


-4~. 
shall be treated as Confidential MateriaL. 

5. If any Par seeks to challenge the Producing Par's designation of material as
 

Confdential Material, the challenging Par shall notify the Prodl,cing Par and all other Paries 

of the challenge. Such notice shall identify With specificity (i.e., by document control numbers, 

deposition transcript page and line r~ference,. or other means sufficient to locate easily such 

materials) the designation being chaílenged. The Producing Par may preserve its designation

by providing the challenghig Par and all other Paries a wrtten statement of the reasons for the 

. .
 

receiving notice oft~e confidentiality challenge. If 

the Producing Par timely preserves its rights, the Paries shall continue to treat the challenged 

designation within five (5) business days of 


material as Confidential Materials, absent a wrtten agreement with the Producing Par or order 

of the Commission providing otheiwse.

6. If any conflct regarding a confidentiality designation arses and the Paries and
 

Producing Par involved have failed to resolve the conflct via good-faith negotiations, a Part 

seeking to disclose Confdential Material or challenging. å confidentiality designation may make 

wrtten application to the 
 hearng offcer for relief. The application shall be served on the

. Producing Par and the other Paries to ths Matter, and shall be accompaned by a certification 

that good-faith negotiations have failedto resolve the outstanding issues. The Producing Par 

and any other Part shall have five (5) business days aftr receiving a copy of the motion to 

respond to the application. While an application is.pending,the Paries shall maintain the preapplication status of the Confidential 
 Miiterial. Nothing in this Protective Order shall create a

the propriety ofa requested 

disclosure or change in designation. 

.;5­

presumption or alter the burden of persuading the hearng offcer of 

. .............
 

7. The Paries shall not be obligated to challenge the propriety of any designation or 

treatment of infonnation as Confidential Material and the failure to do so promptly shall not 

preclude any subsequent objection to such designation or treatment, or any motion seeking 

permission to disclose such material to Persons not otherwse entitled to access under the terms 

of ths Protective Order. If Confdential Material is produced without the designation attached,
 

the material shall be treated as Confidential from the time the Producing Par advises 

Complaint Counsel and Respondent's Counsel in wrting that such material should be so 

designated and provides all the Paries with an appropriately labeled replacement. The Paries 

shall return promptly or destroy the unmarked materials. 

-6­
contan privileged matter, provided that the copy produced shall indicate at the appropnate point 

that portions have been deleted and the reasons therefor. 

9. Confidential Matenal shall be disclosed only to: (a) the Administtive Law
 

Judge presiding over this proceeding, personnel assisting the Adminlstrative Law Judge, the 

Commssion and its employees, and personnel retained by the commission as experts or 

consultants for this proceeding, (b) judges and other court personnel of any cour having 

jurisdiction over any appellate proceedings involving this matter, (c) cour reporters in ths 

matter, (d) outside counsel of 
 record for Respondent, its associated attorneys and other

employees of its law finn(s), provided they are not employees of Respondent, (e) Michael Shor, 

Polypore Special Counsel, (f) anyone retained to assist outside counsel in the preparation of 

hearng of this proceeding including consultants, provided they are not affliated in any way with 

Respondent and have signed Exhibit A hereto, (g) any witness or deponent who may have 

authored or received the infonnation in question; (h) any individual who was in the direct chain 

the author at the time the Discovery Matenal was created or received, except 

that this provision does not pennit disclosure ofIndustral Growth parer or Warburg Pincus 

International documents to Polypre or fonner Microporous personnel who would not otherwse 

have had access to the Discovery Material; (i) any employee or agent ofthe entity that created or 

received the Discovery Matenal; 0) anyone representing the author or recipient of the Discovery 

of supervision of 


Material in this Matter; and (k) any other Person(s) authorized in wrting by the Producing Par. 

10. Disclosure of confidential material to any person descnbed in Paragraph 9 of this
 

the preparation and hearng of this Matter, or Protective Order shan be only for thè purposes of 


any appeal therefrom, and for no other 
 purose whatsoever; provided, however, that the 

-7­
Commission may, subject to taking appropriate steps to preserve the confidentiality of such 

material, use or disclose confidential materials as provided by its Rules of Practice; Sections 6(f) 

ard 21 of the Federal Trade Commission Act; or any other legal obligation imposed upon the 

Commission. 

11. In the event that any Corifidential Material is contairied in any pleading, motion
 

exhibit or other paper filed or to be fied with the Secretar of 
 the Coinission, the Secreta 

shall be so informed by the Par fiing such papers, and such papers shall be fied under seaL.
 

To the extent that such material was originally submitted by a Third Par, the Par including
 

the Materials in its papers shall immediately notify the submitter of such inclusion. Confidential 

Material contaned in the papers shall remain under seal until further order of the Administrative 

Law Judge; provided, however, that such. 
 papers may be fuishedto persons or entities who 

may receive Confidential Material pursuat to Paragrphs 9 or 10. Upon or afer 
 filing any

paper contaning Confidential Material, the fiing Par shall fie on.the public record a duplicate
 

copy of the paper that does not reveal confidential materiaL. Furher, if 
 the protection orany

such material expires, a Par may fie on the public record a dnplicate copy which also contains
 

the formerly protected materiaL.
 

12. If counsel plans to introduce into evidence at the hearng any document or
 

transcript containing Confdential Material produced by another Par or by a Third Par, they
 

shall provide ten (10) days advance notice to the other Par or Third Par for puroses of 

allowing that Par or Thrd Par to seek 
 an order that the document or transcript be granted in 

camera. treatment. If that Par or Third Pår wishes in camera treatment for the document or 

transcript, the Par. or Third Par. shall fie an appropriate motion with the Administrative Law 

-8­
." , .,...
 

Judge. Where in camera treatment is 
 granted, a duplicate copy of such document or trancript 

with the Confidential Material deleted therefrom may be placed on the public record. 

13. If any Par receives a discovery request in another proceeding that may require
 

the disclosure of Confidential Material submitted by another Par or Third Par, the recipient
 

of the discovery request shall promptly notify the submitter of receipt of such request. Unles a

shorter time is mandated by an order of a cour, 
 such notification shall be in wrting and be

received by the submitter at least LO business days before production, and shall include a copy of
 

this Protective Order and a cover letter that wil apprise the submitter of its rights hereunder. 

Nothing herein shall be constred as requiring the recipient of the discovery request or anyone 

else covered by this Order to challenge or appeal any order requirin& production of Confdential 

Material, to subject itself 
 to any penalties for non-compliance with any such order, or to seek any

relief from the Administrative Law Judge or the Commission. The recipient shal not oppose the

submitter's efforts to challenge the disclosure of confidential material. . In addition, nothing 

Practice, 16
 Rule 4.ll(e) of the Commission's Rules of
 herein srnlllimit the applicabilty of 


C.F .R. §4.ll (e), to discovery requests in another proceeding that are directed to the Commission. 

14. At the time tht any consultant or other person retined to assist counsel in the
 

preparation of this action concludes participation in the action, such person shall retu to
 

counsel all copies of documents or portions thereof designated confidential that are in the 

possession of such person, together with all notes, memoranda or other papers containing 

judicial review, the paries shall retur documents obtained in this action to their submitters, 

provided, however, that the Commission's obligation to retur documents shall be governed by 

Practice, 16 C.F.R. §4.12. the provisions of Rule 4.12 of the Rules of 


-9­
15. The inadvertent production or disclosure of any Discovery Material, which a 

Producing Par claims should not have been produced or disclosed. because of a privilege, will 

not be deemed to be a waiver of any privilege to which the Producing Par would have been . . 

entitled had the privileged Discovery Material not inadvertently been produced or disclosed. 

The inadvertent production of a privileged document shall not in itself be deemed a waiver of 

any privileged applicable toany other documentsrelating to the subject matter. 

i 6. This Protective Order shall not apply to the disclosure by a Producing Par or its
 

counsel of 
 its own Confdential Material.

17. The provi~ions of 
 this Protective Order, insofar as they restrict the

communcation and use of confdential discovel' material, shall, without wrtten peission of
 

the submitter or furter order of the Commission, continue to be binding after the conclusion of
 

ths proceeding.
 

ORDERED: ..l)M~

D. Michael Chappell 

Administrative Law Judge 

Date: October 23, 2008
 

-10­
" ,t. ..... 

EXHIBIT A 

UNITED STATES OF AMERICA
 

FEDERAL TRADE COMMISSION
 

OFFICE OF AUMINISTRATIVE LAW JUDGES
 

) 

In the Matter of ) 

)
 Docket No. 9327

Polypore International, Inc. )
 

a corporation. )
 

)
 

DECLARATION CONCERNING'PROTECTIV ORDER
 

GpVERNING DISCOVERY MATERIAL
 

I, , hereby declare and certify the following to be true:
 

I. (Statement of employment)
 

Material ("Protective 2. I have read the "Protective Order" governing Discovery 


Order'~) issued by the Conuission on October 23, 2008, in connection with the above-:captioned 

Matter. I understand the restrctions on my access to and use of any Confidential Material (as
 

that term is used in the Protective Order) in this Matter, and I agree to abide by the Protective 

Order. 

3. I understd that the restriCtions on my use of such Confdentiality Material
 

include: 

a. that I wil use such Confidential Material only for the purpose of preparng
 

this proceeding and for this proceeding, and hearng(s) and any appeal of 


for no other purpose; 

b. that I wil not disclose such Confidential Material to anyone, expect as .
 

pc:mnitted by thepProlective Order;. . 

and maintain the Confidential Material in such a way 

as to ensure its continued protected status; and 

c. that I wil use, store 


d. that, upon the termination of my participation iI this proceedig, I will
 

promptly return all Confidential Materials and all notes, memoranda, or other papers containing 

Confidential Material, to Complaint Counselor Respondent's Outside Counsel as appropriate. 

4. I understad that if! am receiving Confidentíii Material as an ExpertConsultant,
 

'as that term is defined in this Protective Order, the restrctions 'on my use of Confidential 

~l 1­
Material also include the duty and obligation to: 

a. maintain such Confidential Material in ~eparate locked room(s) or locked
 

cabinet(s) when such Confdential Material is not being reviewltd; 

b. retu such Confidential Material to Complaint Counselor Respondent's
 

Outside Counsel, as appropriate, upon the conClusion of niy assignent or
 

retention, or upon conclusion Of ths Matter; and 

c. llse such Confidential Material and the information contained therein .
 

solely for the purose of rendering consulting services to a Par to ths 

Matter, including providing testimony injudicial or administrative 

proceeding~ arsing out ofth.is Matt. 

5. I am fully aware that, pursuat to Section 3.42(h) of the FfG Rules of Practice, 16
 

C.F.R. § 3.42(h), my failure to comply with the terms of the Protective Order may constitute 

contempt of the Commission and may subject me to sanctions. 

Date: 

Full Naie (Typed or Printed)
 

Signatue 

-12­
Exhibit B
 
PARI(ER POE 

PAlPOEAD &:BERli LLP 

Three Wachovla Center Attnlry' Ild (..""'.il .r úi'" 

401 South Tiyon Street Eric D. Welsh 

Psitner Suite 3000 

Telephone: 704.335.902 Charlotte, NC iS20i.1942 Di:ecr Fax; 704.335,9755
 Telephone 704.371.9000
 

eticwellipakerpe.com Fax 704.334.4706
 

ww.parkcrpoc.com April 17, 2009 

VI ELECTRONIC MAIL AND FIRST CLASS MAL 

I 

THE MOORE COMPANY l 36 Beach Street 

Westerly, RI 02891 , I 

i 

Michael J. Connolly	 i 

1. 

Laura B. Angelini 

Hinckley, Allen, & Snyder LLP 

28 State Street 

Boston, Massachusetts 02109-1775 , I,..
 

mconnoiiv~ASLA W.com
 

lange1ini~RASLA W.com 

Re: In the Matter of Polyp ore International, Inc. 

Docket No. 9327 

Ladies and Gentlemen: 

Following up on my letter of March 27, 2009, below please find. a list identifying i

evidence Polypore International, Inc. ("Polyp 
 ore") may introduce at the May 12. 2009 heang of 

the above-referenced matter. Subject to information leared durng the April 23. 2009	 1,' 

deposition of Mr. Guy Dauwe, this list specifies The Moore Company's documents and witness 

testimony which Polypore intends to introduce at triaL. Please be advised that pursuant to the 

terms of the Protective Order, Rule 3.45(b), and the Apri114, 2009 Orer Grating Non-Party I, 

The Moore Company's Motion for Extension of 	 Time to Seek In Camera Treatent, you may t 

obtan in camera treatment for such evidence, or any portion thereof, only by appropriate motion	 1 

I to the Admiistrtive Law Judge. If you have any questions regarding the foregoing, please feel	 I

¡

1

free to contact me. 

Sincerely yours, 

~~f:-- 1~r-tV
 

CHARLESTON, sc
 

COLUMIA, sc
 

MYRTL BEACH. SC 

RAEIGH, NC
 

SPARTANBURG, SC
 

PPAB lS496U9vl 
Eric D. Welsh 

PlUm~r 

Tdephonc: 704.335.9052 

Direct Pu: 704.335,9755 

cncwelsh(Ikcrpcom 

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MYTLE BEACH, SC 

tllGH, NC 

SPART ANlJG, SC 

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