UNITED STATES'OFAMERICA '
 

FEDERAL TRADE COMMISSION
 

OFFICE OF ADMINISTRATiVE LAW JUDGES 

,,',. 

In the Matter of 

) 

) 

McWANE, INC., 

a corporation, and 

) 

) 

) DOCKET NO. 9351 

STAR PIPE PRODUCTS, LTD., 

a limited parnership, 

Respondents. 

) 

) 

) 

) 

) 

PROTECTIVE ORDER GOVERNING DISCOVERY MATERIAL 

Commission Rule 3.31 (d) states: "In order to protect the paries and third paries 

against improper use and disclosure of confidential information, the Administrative Law 

Judge shall issue a protective order as set forth in the appendix to this section." 16 C.F.R. 

§ 3 .31 (d). Pursuant to Commission Rule 3 .31 (d), the protective order set forth in the 

appendix to that section is attached verbatim as Attachment A and is hereby issued. 

ORDERED: ))MF,~


D. Michae Chappell 

Chief Administrative Law Judge 

Date: January 5, 2012 
ATTACHMENT A
 

For the purose of 
 protecting the interests of 
 the paries and third parties in the

above-captioned 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 Material ("Protective Order") shall govern the handling of all Discovery
 

Material, as hereafter defined.
 

1. As used in this Order, "confidential material" shall refer to any document or portion 

thereof that contains privileged, competitively sensitive information, or sensitive personal 

information. "Sensitive personal information" shall refer to, but shall not be limited to, 

an individual's Social Security number, taxpayer identification number, financial account 

number, credit card or debit card number, driver's license number, state-issued 

identification number, passport number, date of 
 birth (other than year), and any sensitive health information identifiable by individual, such as an individual's medical records. 

"Document" shall refer to any discoverable writing, recording, transcript of oral 

testimony, or electronically stored information in the possession of a party or a third 

par. "Commission" shall refer to the Federal Trade Commission ("FTC"), or any of its 

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

retained as consultants or experts for purposes of this proceeding. 

2. Any document or portion thereof submitted by a respondent or a third pary during a 

Federal Trade Commission investigation or during the course of 
 this proceeding that is entitled to confidentiality under the Federal Trade Commission Act, or any regulation, 

interpretation, or precedent concerning documents in the possession of the Commission, 

as well as any information taken from any portion of such document, shall be treated as 

confidential material for puroses of this Order. The identity of a third party submitting 

such confidential material shall also be treated as confidential material for the puroses of 

this Order where the submitter has requested such confidential treatment. 

3. The paries and any third paries, in complying with informal discovery requests, 

disclosure requirements, or discovery demands in this proceeding may designate any 

responsive document or portion thereof as confidential material, including documents 

obtained by them from third paries pursuant to discovery or as otherwise obtained. 

4. The paries, in conducting discovery from third paries, shall provide to each third 

this Order so as to inform each such third pary of
 par a copy of 
 his, her, or its rights herein. 

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

careful determination that the material is not reasonably believed to be already in the 

public domain and that counsel believes the material so designated constitutes 

confidential material as defined in Paragraph 1 of 
 this Order. 

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6. Material may be designated as confidential by placing on or affixing to the document 

containing such material (in such maner as wil not interfere with the legibilty thereof), 

or if an entire folder or box of documents is confidential by placing or affxing to that 

folder or box, the designation "CONFIDENTIAL-FTC Docket No. 9351" or any other 

appropriate notice that identifies this proceeding, together with an indication of the 

portion or portions of the document considered to be confidential materiaL. Confidential 

information contained in electronic documents may also be designated as confidential by 

placing the designation "CONFIDENTIAL-FTC Docket No. 9351" or any other 

appropriate notice that identifies this proceeding, on the face of 
 the CD or DVD or other 

medium on which the document is produced. Masked or otherwise redacted copies of 

documents may be produced where the portions deleted contain privileged matter, 

provided that the copy produced shall indicate at the appropriate point that portions have 

been deleted and the reasons therefor. 

7. Confidential material shall be disclosed only to: (a) the Administrative Law Judge 

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

Commission 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) outside counsel of 

record for any respondent, their associated attorneys and other employees of their law 

firm(s), provided they are not employees of a respondent; (d) anyone retained to assist 

outside counsel in the preparation or hearing of this proceeding including consultants, 

provided they are not affliated in any way with a respondent and have signed an 

agreement to abide by the terms of the protective order; and (e) any witness or deponent 

who may have authored or received the information in question. 

8. Disclosure of confidential material to any person described in Paragraph 7 of 
 this 

Order shall be only for the puroses of the preparation and hearing of this proceeding, or 

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

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

such material, use or disclose confidential material as provided by its Rules of Practice; 

sections 6(f) and 21 of 
 the Federal Trade Commission Act; or any other legal obligation 

imposed upon the Commission. 

9. In the event that any confidential material is contained in any pleading, motion, exhibit 

or other paper fied or to be fied with the Secretar of the Commission, the Secretary 

shall be so informed by the Party filing such papers, and such papers shall be filed in 

camera. To the extent that such material was originally submitted by a third pary, the 

pary including the materials in its papers shall immediately notify the submitter of such 

inclusion. Confidential material contained in the papers shall continue to have in camera 

treatment until fuher order of 
 the Administrative Law Judge, provided, however, that 

such papers may be furnished to persons or entities who may receive confidential 

material pursuant to Paragraphs 7 or 8. Upon or after fiing any paper containing 

confidential material, the filing party shall fie on the public record a duplicate copy of 

the paper that does not reveal confidential materiaL. Further, if the protection for any 

such material expires, a pary may fie on the public record a duplicate copy which also 

contains the formerly protected materiaL.
 

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10. If counsel plans to introduce into evidence at the hearing any document or transcript 

containing confidential material produced by another pary or by a third party, they shall 

provide advance notice to the other pary or third par for purposes of allowing that
 

pary to seek an order that the document or transcript be granted in camera treatment. If 

that pary wishes in camera treatment for the document or transcript, the party shall file 

an appropriate motion with the Administrative Law Judge within 5 days after it receives 

such notice. Except where such an order is granted, all documents and transcripts shall 

be par of the public record. Where in camera treatment is granted, a duplicate copy of 

such document or transcript with the confidential material deleted therefrom may be 

placed on the public record. 

11. If any pary receives a discovery request in any investigation or in any other 

proceeding or matter that may require the disclosure of confidential material submitted by 

another party or third pary, the recipient of 
 the discovery request shall promptly notify 

the submitter of receipt of such request. Unless a shorter time is mandated by an order of 

a court, such notification shall be in writing and be received by the submitter at least 10 

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 

construed as requiring the recipient of the discovery request or anyone else covered by 

this Order to challenge or appeal any order requiring production of confidential 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 shall not 

oppose the submitter's efforts to challenge the disclosure of confidential materiaL. In 

addition, nothing herein shall limit the applicabilty of 
 Rule 4.11(e) of the Commission's Rules of 
 Practice, 16 CFR 4.11(e), to discovery requests in another proceeding that are 

directed to the Commission. 

12. At the time that any consultant or other person retained to assist counsel in the 

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

confidential information. At the conclusion of this proceeding, including the exhaustion 

of judicial review, the parties shall retur documents obtained in this action to their 

submitters, provided, however, that the Commission's obligation to retur documents 

shall be governed by the provisions of 
 Rule 4.12 of the Rules of 
 Practice, 16 CFR 4.12. 

13. The provisions of 
 this Protective Order, insofar as they restrict the communication 

and use of confidential discovery material, shall, without written permission of the 

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

of this proceeding. 

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