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 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 TO AMEND THE SCHEDULING ORDER 

Respondent Polypore International, Inc. ("Polypore") respectfully moves this Court to 

amend the Scheduling Order in this proceeding to extend by one month all remaining deadlines 

set forth in the Scheduling Order, and to set the commencement date of the hearing on May 14, 

2009. A Memorandum in Support of Respondent's Motion to Amend the Scheduling Order and 

a proposed revised scheduling order are submitted herewith. 

PPAB 1523298vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of	 ) 

) Docket No. 9327 

) 

Polypore International, Inc. ) 

a corporation 

November 12,2008 

November 14,2008 

December 16, 2008 

December 18, 2008 

January 6, 2009 

January 8, 2009 

January 14,2009 

March 13, 2009 

March 13, 2009 

March 17, 2009 

March 20, 2009 

March 20, 2009 

Public Document )
 

)
 

PROPOSED REVISED SCHEDULING ORDER 

Complaint Counsel provides preliminary witness list (not including 

experts) with description of proposed testimony. 

Respondent's Counsel provides preliminary witness lists (not including 

experts) with description of proposed testimony. 

Complaint Counsel provides expert witness list. 

; .
 

Respondent's Counsel provides expert witness list. 

Complaint Counsel provides revised witness lists, including 

proposed testimony. 

Respondent's Counsel provides revised witness list, including
 

preliminary sur-rebuttal witnesses, with description of proposed
 

testimony.
 

Deadline for issuing document requests, requests for admission, 

interrogatories and subpoenas duces tecum, except for discovery for 

preliminary rebuttal witnesses, with description of 


puroses of authenticity and admissibility of exhibits. 

Close of discovery, other than discovery permitted under Rule
 

3.24(a)(4), depositions of experts, and discovery for purposes of
 

authenticity and admissibility of exhibits.
 

Complaint Counsel provides expert witness reports. 

Deadline for filing motions for summary decision. 

Respondent's Counsel provides expert witness reports. 

Complaint Counsel provides to Respondent's counsel its final proposed 

witness and exhibit lists, including designated testimony to be 

presented by deposition, copies of all exhibits (except for 

2 

PPAB 1523298vl 
March 27, 2009 

March 27,2009 

March 27,2009 

April 3, 2009 

April 6, 2009 

April 9, 2009 

April 13,2009 

April 20, 2009 

April 20, 2009 

April 23, 2009 

PPAB 1523298vl 

demonstrative, ilustrative or summary exhibits), and a brief summary 

of the testimony of each witness. 

Complaint Counsel serves courtesy copies on ALJ of its final proposed 

witnesses and exhibit lists and a brief summary of the testimony of 

each witness. 

Complaint Counsel to identify rebuttal expert(s) and provide rebuttal 

expert report(s). Any such reports are to be limited to rebuttal of 

matters set forth in Respondent's expert reports. If material outside the
 

scope of fair rebuttal is presented, Respondent wil have the right to 

seek appropriate relief (such as striking Complaint Counsel's rebuttal 

expert reports or seeking leave to submit sur-rebuttal expert reports on 

behalf of Respondent).

Respondent's Counsel provides to Complaint Counsel its final 

proposed witness and exhibit lists, including designated testimony to be 

presented by deposition and copies of all exhibits (except for 

demonstrative, ilustrative or summary exhibits), and a brief summary 

of the testimony of each witness. 

Respondent's Counsel serves courtesy copies of ALJ its final proposed 

witness and exhibit lists and a brief summary of the testimony of each 

witness. 

Parties that intend to offer confidential materials of an opposing party 

or non-party as. evidence at the hearing must provide notice to the 

opposing party or non-party, pursuant to 16 C.F.R. §3.45(b). 

Deadline for filing responses to motions for summary decision. 

Deadline for depositions of experts (including rebuttal experts). 

Deadline for fiing motions in limine and motions to strike (such 

motions shall be no longer than 2500 words). 

Deadline for fiing motions for in camera treatment for proposed trial 

exhibits. 

Deadline for filing responses to motions in limine and motions to strike. 

Deadline for filing responses to motions for in camera treatment of 

proposed trial exhibits. 

Complaint Counsel files pretrial brief, to include proposed findings of 

fact and conclusions of law. To the extent possible, findings of fact 

shall be supported by document citations and/or deposition citations. 

3 
Conclusions of law shall be supported by legal authority. 

April 27, 2009 Exchange and serve couresy copy on ALJ objections to final proposed 

witness lists and exhibit lists. Exchange objections to the designated 

testimony to be presented by deposition and counter designations. 

April 30, 2009 Exchange proposed stipulations of law, facts, and authenticity. 

May 7, 2009 Respondent's Counsel files pretrial brief, to include proposed findings 

of face and conclusions of law. To the extent possible, findings of fact 

shall be supported by document citations and/or deposition citations. 

Conclusions of law shall be supported by legal authority. 

May 8, 2009 File final stipulations oflaw, facts, and authenticity. Any subsequent 

stipulations may be offered as agreed by the parties. 

May 11,2009 Final pre-hearing conference to be held at 10:00 a.m. to being at 10:00 

a.m. in room 532, Federal Trade Commission Building, 600 

Pennsylvania Avenue, NW, Washington, DC 20580. 

The parties are to meet and confer prior to the conference regarding 

trial logistics and proposed stipulations of law, facts and authenticity 

and any designated deposition testimony. Counsel may present any 

objections to the final proposed witness lists and exhibits, including the 

designated testimony to be presented by deposition. Trial exhibits wil 

be admitted or excluded to the extent practicable. 

May 14,2009 Commencement of Hearing, to begin at 10:00 a.m. in room 532, 

Federal Trade Commission Building, 600 Pennsylvania Avenue, NW, 

Washington, DC 20580. 

4 

PPAB 1523298vl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) 

) Docket No. 9327 

) 

Polypore International, Inc. ) 

a corporation ) Public Document 

) 

STATEMENT PURSUANT TO SCHEDULING ORDER 

I, Eric D. Welsh, Esq., on behalf of Parker Poe Adams & Bernstein LLP ("Parker Poe") 

as counsel for Polypore International, Inc. ("Polypore"), hereby represent that Parker Poe has 

conferred with Complaint Counsel in an effort in good faith to resolve by agreement the issues 

raised by Respondent's Motion to Amend the Scheduling Order, and have been unable to reach 

such an agreement. 

Parker Poe and Complaint Counsel discussed these issues by telephone on January 12, 

2009 and January 14,2009. During these calls, I was present for Parker Poe and Steven Dahm, 

Esq. and/or J. Robert Robertson, Esq., were present for Complaint CounseL. 

As a result of these discussions it was concluded that Polypore and Complaint Counsel 

were at an impasse with respect to the issues raised in Polypore's Motion. 

PPAB 1523298vl 
t

¡: 

Dated: January 16, 2009 Respectfully Submitted, 

Eric . Welsh
 

~h-v

PARKER POE ADAMS & BERNSTEIN, LLP
 

Three Wachovia Center
 

401 South Tryon Street, Suite 3000
 

Charlotte, NC 28202
 

Telephone: (704) 372-9000
 

Facsimile: (704) 335-9689
 

ericwelsh~parkerpoe.com
 

PPAB 1523298vl 
Dated: January 16, 2009 Respectfully Submitted, 

l;dL.


Wiliam L. Rikard, Jr. 

Eric D . Welsh 

PARKER POE ADAMS & BERNSTEIN, LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 335-9689 

williamrikard~parkerpoe.com 

ericwelsh~parkerpoe.com 

John F. Graybeal 

PARKR POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

iohngraybeal~parkerpoe.com 

Attorneys for Respondent 

PPAB 1523298vl 
CERTIFICATE OF SERVICE 

I hereby certify that on January 16, 2009, I caused to be fied via hand delivery and 

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

Amend the Scheduling Order and Proposed Order, 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 filed 

with: 

Donald S. Clark, Secretary 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, Rm. H-135 

Washington, DC 20580 

secretarv~ftc. gov 

I hereby certify that on January 16, 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 

to Amend the Scheduling Order and Proposed Order upon: 

The Honorable D. Michael Chappell 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oali~ftc.gov 

I hereby certify that on January 16, 2009, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Respondent's Motion to Amend 

the Scheduling Order and Proposed Order upon: 

J. 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~ftc.gov sdahm~ftc.gov 

all ~OC
 tf~) ~t/~'~i/


Adam C. Shearer 

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 

PPAB 1523298vl