O.R'~.H.,\....~ ~L . . \U l¡\\ t"\

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT 

) 

RESPONDENT'S MOTION FOR THE ISSUANCE OF SUBPOENAS AD 

TESTIFICANDUM 

Pursuant to Rule 3.34(a)(2) Rules of Practice for Adjudicative Proceedings before the 

United States Federal Trade Commission, Respondent Polypore International, Inc. ("Polypore") 

respectfully moves for an Order authorizing the issuance of two subpoenas ad testifcandum to 

be issued to: Dan Weerts and Eric Heglie. Each of these individuals are located in the United 

States. 

Mr. Weerts and Mr. Heglie were identified as potential trial witnesses on both Complaint 

Counsel's Final Witness List and Respondent's Final Proposed Witness List. In conversations 

on or about April 22, 2009, Complaint Counsel indicated to Respondent's Counsel that it would 

call, as live witnesses, all of the witnesses identified on its Final Witness List. See e-mail from 

Pamela S. Anderson on behalf of Wiliam L. Rikard, Jr., dated April 22, 2009, attached hereto as 

Exhibit A. As a result of Respondent's Counsel's discussions with Complaint Counsel and in
 

reliance thereon, Respondent trimmed its Final Proposed Witness List which resulted in the 

removal of Mr. Weerts and Mr. Heglie. Respondent's Counsel also requested that Complaint 

Counsel immediately notify Respondent's Counsel should Complaint Counsel amend or alter its 

Final Witness List. Id. Consequently, Mr. Weerts and Mr. Heglie were not included in
 

Respondent's May i, 2009 Motion for Subpoenas Ad Testifcandum. On May 8, 2009, 

PPAB 1563530vl 
Complaint Counsel informed Respondent's Counsel, for the first time, that it was removing 

several witnesses from its Final Witness List, including Mr. Weerts and Mr. Heglie. As 

discussed below, Mr. Weerts and Mr. Heglie possess relevant, material information are important 

witnesses in Respondent's defense of this matter. 

The anticipated testimony of each of these individuals is reasonably relevant to 

Respondent's defense of this matter and, thus satisfies the conditions under Rule 3.34(a)(2) for 

the issuance of a subpoena ad testifcandum to give testimony at an adjudicative hearing. A brief 

description of each individual's position and relevance to Respondent's case, as set forth in the 

Final Witness List, is as follows: 

Eric Heglie Industrial Growth Partners, PrincipaL. May testify on direct 

and/or II rebuttal testimony regarding the sale of 

Microporous; the business operations of Microporous; the 

business/expansion plans for Microporous leading up to the 

sale; and other topics and issues relevant to the complaint and 

Respondent's response and defenses. 

Dan Weerts Entek International, LLC, VP of Sales and Marketing. May 

testify on direct and/or in rebuttal testimony concerning the 

business operations of Entek; the battery separator industry 

and market; suppliers to the battery separator industry; the 

competitive environment; Entek's relationship with battery 

manufacturers; Entek's relationship with Daramic and 

Microporous; and other topics and issues relevant to the 

complaint and Respondent's response and defenses. 

Respondent reserves the right to subpoena additional witnesses for triaL. Respondent has 

conferred with Complaint Counsel who have indicated that they do not oppose the instant 

motion. 

2 

PPAB 1563530vl 
Dated: May 1 1, 2009 Respectfully Submitted, 

iliam L. Rikard, Jr. 

Eric D. Welsh 

PARKR POE ADAMS & BERNSTEIN, 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 335-9689 

wiliarikard(fparkerpoe.com 

ericwelsh(fparkerpoe.com 

John F. Graybeal 

PARKR POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

j ohngraybeal(fparkerpoe.com 

Attorneys for Respondent 

PPAB 1563530vl 
From: Anderson, Pamela S. On Behalf Of Rikard, Jr., Willam L.
 

Sent: Wednesday, April 22, 2009 5:08 PM
 

To: 'rrobertson(§ftc.gov'
 

Cc: Welsh, Eric D.
 

Subject: In the Matter of Polypore International, Inc., Docket No. 9327
 

Robby, 

Below is our witness list that we pared down based on our discussions that Complaint Counsel will be 

calling all of the witnesses on your list as live witnesses (from a recent email I assume Kung wil be by 

deposition). In making these reductions, we have relied on those discussions, so if there is any change, 

please let me know immediately. Several of our witnesses are Polypore employees that you have said 

you wil call as part of Complaint Counsel's core. We will put in their testimony then, which will further 

reduce the witnesses we call in Respondent's case. This should enable us to discuss further ways to 

streamline the case.
 

Lynn Amos 

Terry Agrelius 

Art Balcerzak 

Bob Cullen 

Guy Duawe 

Jim Douglas 

Bob Flicker 

Peter Gaugl 

Michael Graff 

Henry Kahwaty 

Dale Leister 

Steve McDonald 

Tim Moyer 

Frank Nasisi 

Tom Pfanner 

Kevin Porter 

Tim Riney
 

Chris Sedor 

Harry Seibert 

Mark Stevenson 

Christophe Thuett
 

Larry Trevathan 

Kevin Whear 

William 

Willam L. Rikard, Jr., Partner 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9011
 

Facsimile: (704) 335-9689 

williamrikard(§parkerpoe.com 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) Docket No. 9327 

) 

) 

) 

Polypore International, Inc. 

a corporation 

) 

) PUBLIC DOCUMENT 

) 

PROPOSED ORDER GRANTING RESPONDENT'S MOTION 

FOR THE ISSUANCE OF SUBPOENAS AD TESTIFICANDUM 

IT is ORDERED THAT, upon due consideration, Respondent Polypore International, 

Inc.' s Motion for the Issuance of Subpoenas ad testifcandum is hereby GRANTED. 

D. Michael Chappell 

Administrative Law Judge 

Date: 

PPAB 1563530vl 
CERTIFICATE OF SERVICE
 

I hereby certify that on May 11, 2009, I caused to be fied via hand delivery and 

electronic mail delivery an original and two copies of the foregoing Respondent's Motion for 

Subpoenas Ad Testifcandum, and that the electronic copy is a true and correct copy of the 

paper original and that a paper copy with an original signatue is being fied with: 

Donald S. Clark, Secretary 

Offce of the Secretary 

Federal Trade Commission 

600 Pennsylvania 
 Avenue, NW, Rm. H-135 

Washington, DC 20580 

secretary(fftc.gov 

I hereby certify that on May 11,2009, I caused to be served one copy via electronic mail 

delivery and two copies via overnight mail delivery of the foregoing Respondent's Motion for 

Subpoenas Ad Testifcandum upon:
 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oalj (fftc. gov 

I hereby certify that on May 11, 2009, I caused to be served via first-class mail delivery 

and electronic mail delivery a copy of the foregoing Respondent's Motion for Subpoenas Ad 

Testifcandum upon:
 

1. Robert Robertson, Esq. Steven Dah, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rrobertson(fftc.gov sdah(fftc.gov 

!j~ ML ll Brian R. Weyhrich ~ 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 334-4706 

5 

PPAB 1557839v2 

PPAB 1563530vl 
United States of America
 

Federal Trade Commission
 

SUBPOENA 

1, TO 

Ey-\c "e~ \\e
 

:; M~\ O~o.n LCAV'e
 

LA~CÀ'fe-\e) c.~.'" £-ó"\" 

This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of 

Counsel listed in Item 7 at a hearing in the proceeding described in Item 4. 

2. LOCATION OF HEARING 3. DATE AND TIME OF HEARING 

Fec\e.rCA\ -rY'CAde COVVVY\~S\OV' N\a. ~ l2. J i OOq (§ lOa. VV lpOc l'eV\V\~\"(lV\\o. ~\j~) NW 

\"eo.y \Y\~ i.ooW\ 66"2 

WG.\A\\l -\V\ "D.c" 20 '0
 

4. SUBJECT OF PROCEEDINGS 

~o \~ 't0fe. \v\".\-(yV\o..hcr~\ J \Y\C' "Doc.~+ No. a3 i.l 

5. RECORDS YOU MUST BRING WITH YOU 

none. 

6, ADMINISTRATIVE LAW JUDGE 7. COUNSEL REQUESTING SUBPOENA 

y.\\\\(XW\ ~'\~o.'Vc\ (10~) 3~'S 90\ \ 

\). M\Cha.(.\ c.nCA~pe\\
 ~ y\ c. w,\ s \- (. 1 O~) '3 ~ c: '\ () '2
 

DATE ISSUED ADMINISTRATIVE LAW JUDGE'S SIGNATURE 

GENERA INSTRUCTIONS 

APPEARCE TRAVEL EXPENSES 

The delivery of this subpoena to you by any method prescribed by The Commission's Rules of Practice require that fees and mileage the Commission's Rules of Practice Is legal service and may subject be paid by the part that requested your appearance. You should you to a penalty imposed by law for failure to comply. present your claim to Counsel listed in Item 7 for payment. If you 

are permanently or temporarily living somewhere other than the MOTION TO LIMIT OR QUASH address on this subpoena and it would require excessive travel for 

The Commission's Rules of Practice require that any motion to limit you to appear, you must get prIor approval from Counsel listed in
 

or quash this subpoena be filed within the earlier of 10 days after
 Item 7. 

service or the time for compliance. The original and ten copies of 

the motion must be filed with the Secretary of the Federal Trade 

Commission. Send one copy to the Requesting Counsel named in This subpoena does not require approval by OMBunder the Item 7 and to all other parties prescribed in the Rules of Practice, Paperwork Reduction Act of 1980. 

FTC Form 69 (rev 1/97) 
RETURN OF SERVICE
 

I hereby certif that a duplicate original of the within
 

subpoena was duly served: (check the method used)
 

o in person.
 

C' by registered maiL.
 

r' by leaving copy at principal offce or place of business, to wit: 

on the person named herein on: 

(Month. day, and year) 

(Name of person making service) 

(Offcial UUe) 
United States of America
 

Federal Trade Commission
 

SUBPOENA 

1. TO 1)a.V' weev\-s . be. '( wood 1)Y\-.t. 5C\L.'ô Sov.+\AW~~+ ÄVV 


Co'l\/a.\\\S.) ol(e~oV\ q1~~3 

This subpoena requires you to appear and give testimony at the date and time specifed in Item 3 at the request of 

Counsel listed in Item 7 at a hearing in the proceeding described in Item 4. 

2. LOCATION OF HEARING 3. DATE AND TIME OF HEARING 

Fedevtl \ \v-ode (,CVVWY\\SS ',OVì
 

foOD \'evü''\s~\,,()V\,o.1\''( .) NW tlo. y \ 1. J i.OOq ~ ,tio. YV 

+\V\Nj ~OOM S~1­

V\osv" w ¡\V\ \). c i.scao
 

4. SUBJECT OF PROCEEDINGS 

1'o\~ PO(t I YlvV\tlnoY\\) \V\C.) '"oc.k--\ No. '13 i 1 

5. RECORDS YOU MUST BRING WITH YOU 

V\OV\e 

6, ADMINISTRATIVE LAW JUDGE 7. COUNSEL REQUESTING SUBPOENA 

W\\\\CAW\ ~\~yc\ L10~) 33S "Oii
 

\). t'\(.\A",oe \ C \lCA ~p't \ \
 

Ev\c V\t\S," (ï04) 3'bS qO~2.
 

DATE ISSUED ADMINISTRATIVE LAW JUDGE'S SIGNATURE 

GENERA INSTRUCTIONS 

APPEARCE TRAVEL EXPENSES 

The delivery of this subpoena to you by any method prescribed by The Commission's Rules of Practice require that fees and mileage the Commission's Rules of Practice is legal service and may subject be paid by the part that requested your appearance. You should you to a penalty imposed by law for failure to comply. present your claim to Counsel listed in Item 7 for payment. If you 

are permanently or temporarily living somewhere other than the MOTION TO LIMIT OR QUASH address on this subpoena and it would require excessive travel for 

The Commission's Rules of Practice require that any motion to limit you to appear. you must get prior approval from Counsel listed in 

Item 7. or quash this subpoena be filed within the earlier of 10 days after 

service or the time for compliance, The original and ten copies of 

the motion must be filed with the Secretary of the Federal Trade 

Commission. Send one copy to the Requesting Counsel named in This subpoena does not require approval by OMB under the Item 7 and to all other parties prescribed in the Rules of Practice, Paperwork Reduction Act of 1980. 

FTC Form 69 (rev 1/97) 
RETURN OF SERVICE 

I hereby certif that a duplicate original of the within 

subpoena was duly seNed: (check the method used) 

o in person.
 

C' by registered mail.
 

(' by leaving copy at principal offce or place of business, to wit:
 

on the person named herein on: 

(Month, day. and year) 

(Name of person making service) 

(Offcial UUe)