ORlGlNAL 

UNITED STATES OF AMERICA 

BEFORE THE FEDERA TRADE COMMISSION 

) In the Matter of ) 

) 

) POL YPORE INTERNATIONAL, INC. ) Docket No. 9327
 

) 

PUBLIC DOCUMENT 

) 

MOTION TO QUASH SUBPOENA OF ERIC HEGLIE 

Pursuant to Federal Trade Commission Rule of Practice § 3.34, Eric Heglie ("Mr. 

Heglie"), through his counsel, respectfully moves the Commission to quash the subpoena to 

testify issued to him in the above-referenced matter (the "Subpoena"). 

Back2round 

Mr. Heglie is a director at Industrial Growth Parners ("IGP"). He lives in LaFayette, 

California and works in San Francisco, California. Neither Mr. Heglie nor IGP is a pary in this 

litigation. Mr. Heglie has provided sworn testimony in this matter already; once at an 

Investigation Hearing (an "IH"), and once at a deposition at which all paries were represented. 

On May 14, 2009, Mr. Heglie received the Subpoena issued by Polypore International, 

Inc. ("Polypore"), ordering him to appear live at the ongoing hearing in this matter at an 

unspecified date and time. A copy of the Subpoena is attached to this Motion as Exhibit A. The 

letter accompanying the Subpoena requests that Mr. Heglie appear live in Washington, D.C. for 

trial testimony sometime "after May 22, 2009." Counsel for Polypore has provided no fuher 

information about the proposed date for Mr. Heglie's testimony. 

Counsel for Mr. Heglie have attempted to confer with counsel for Polypore as required 

by the Commission's Rule of 
 Practice 3.22(g) on May 26, 2009, regarding the substantial burden 
imposed by Polypore's late-issued Subpoena and the ongoing uncertainty of the date for Mr. 

Heglie's appearance. (See attached Certificate of 
 Conference). 

Ar2ument 

Mr. Heglie moves to quash the Subpoena because his live appearance at trial - which, 

presumably, would be called for sometime over the next two weeks - would be highly 

burdensome, especially given the long distance he must travel to appear and his prior work 

commitments during this time period. His earlier testimony under oath in this case makes such a 

live appearance unecessary, and therefore Mr. Heglie requests that his appearance be excused 

as "impractical" under FTC Rule 3.33(g)(1)(iii)(B) . 

Compelling Mr. Heglie to travel over 3000 miles, with minimal to no notice, wil impose 

substantial hardships on him. He is a principal in ongoing IGP business transactions and has 

committed himself to various meetings and events occuring in Ohio, Pennsylvania, California, 

and elsewhere over the next few weeks. Compounding the burden associated with his live 

appearance is the lack of notice about the expected date of his testimony. Compellng him to 

appear live on very short notice is, in any event, unecessary in this case. Mr. Heglie has already 

appeared in this litigation both at an IH held on July 23, 2008, and at a deposition held on 

Januar 29,2009. Polypore was represented by counsel from Parker Poe LLP at the deposition, 

and Parker Poe has access to Mr. Heglie's IH transcript. 

During the course of the IH and the deposition, Mr. Heglie provided hundreds of 
 pages of
 

testimony on matters at issue in this litigation and about which he is expected to testify at triaL. 

IGP has also produced substantial numbers of documents from Mr. Heglie's fies and the files of 

IGP. There is no reason why that earlier testimony and the related documents should not be 

2
 
sufficient, especially given the extremely tight timing, long distance, and associated work and 

travel burdens in having him appear live. 

In short, Mr. Heglie's appearance at trial in Washington, D.C. with exceptionally little 

notice - and we stil do not know when he is supposed to appear - is unwarranted and outside of 

the requirements of the FTC's Rules of 
 Procedure. See, FTC Rule 3.33(g). The Commission's 

Rules specifically provide for the use of existing deposition testimony in circumstances such as 

this, where the deponent "is located at such a distance that his attendance would be
 

impracticable." FTC Rule 3.33(g)(1)(iii)(B). 

For the foregoing reasons, Mr. Heglie respectfully requests that the Commission quash 

the Subpoena. 

Date: May 26, 2009
 

~ 

Mark L ovner 

KIRK AND & ELL
 

655 15th Street, N.W. 

Washington, D.C. 20005 

Tel: (202) 879-5000 

Fax: (202) 879-5200 

Attorney for Eric Heglie 

3 
CERTIFICATE OF SERVICE
 

This is to certify that on this 26th day of May, 2009, I electronically fied the original, an 

electronic, and ten (10) true and correct copies of the foregoing MOTION TO QUASH 

SUBPOENA OF ERIC HEGUE to be filed with: 

Donald S. Clark 

Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, Room H-159 

Washington, D.C. 20580 

Email: secretary~ftc.gov
 

I fuher hereby certify that on May 26, 2009, I caused to be served via electronic mail
 

and Federal Express copies of the foregoing MOTION TO QUASH SUBPOENA OF ERIC 

HEGUE upon: 

J. Robert Robertson, Esq. 

Federal Trade Commission 

600 Pennsylvania Avenue NW 

Washington, D.C. 20580 

rrobertson~ftc.gov 

Steven Dah, Esq. 

Federal Trade Commission 

600 Pennsylvania Avenue NW 

Washington, D.C. 20580 

sdah~ftc.gov 

Wiliam L. Rikard, Jr. 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

williamikard~parkerpoe.com 

I fuher certify that on May 26,2009, I caused to be served via hand delivery two copies
 

of the foregoing MOTION TO QUASH SUBPOENA OF ERIC HEGUE upon: 
Dated: May 26, 2009 

5 
CERTIFICATE OF CONFERENCE
 

This is to certify, pursuant to Rule 3.22(g), that I, as counsel for Mr. Eric Heglie and 

Industrial Growth Parners (IGP), attempted in good faith via electronic mail and telephone on 

Tuesday, May 26, 2009, to confer with counsel for Polypore International, Inc. regarding 

resolution of the issues raised in the attached Motion to Quash the Subpoena of Eric Heglie. I 

sent e-mail messages to Eric Welsh and Willam Rickard of Parker Poe Adams & Bernstein LLP 

at 12:53 pm and 2:19 pm on May 26, 2009, conveying the substance of this Motion to Quash, 

and also attempted to reach them by telephone. This effort to contact counsel for Polypore was 

in par in response to Wiliam Rickard's voicemail message left on Friday, May 22, 2009, with
 

my parner, James Basile, who is also counsel to IGP. I intend to continue to attempt to confer 

with counsel for Polypore regarding the resolution of the issues discussed herein. 

~ l6
 
UNITED STATES OF AMERICA
 

BEFORE THE FEDERAL TRADE COMMISSION
 

)

In the Matter of ) 

) 

)

POL YPORE INTERNATIONAL, INC. ) Docket No. 9327
 

) 

PUBLIC DOCUMENT 

) 

rPROPOSEDl ORDER QUASHING SUBPOENA OF ERIC HEGLIE 

Having considered the Motion to Quash of Eric Heglie pursuant to Rule 3 .34( c) of the 

Commission's Riles of 
 Practice, 16 C.F.R. § 3.34(c), and having considered the opposition fied 

by the Complaint Counsel, it is hereby 

ORDERED that the Motion to Quash of 
 Eric Heglie is GRATED. It is further 

ORDERED that the Subpoena sent via Federal Express to Eric Heglie on May 14,2009 is 

QUASHED. 

ORDERED this _ May/June, 2009 

D. Michael Chappell 

Administrative Law Judge 
Exhibit A
 

Willam L. Rikard, Jr. Attorn,ys and Coun"lors at Law Three Wachovia Center 

Parter 40 i South Tryon Street 

Telephone: 704.335.9011 Suite 3000 

Direct Fax: 704.335.9689 Charlotte, NC 28202-1942 

williamrkarùCirarkcrpoc .com Telephone 704.372.9000 

Fax 704.334.4706 

May 13, 2009 www.parkerpoe.com 

VIA FEDERAL EXPRESS 

Mr. Eric Heglie 

3 Maloyan Lane 

Lafayette, California 94549 

Re: In the Matter of Polyp ore International, Inc., Docket No. 9327 

Dear Mr. Heglie: 

This firm represents Polypore International, Inc. in the above matter before the Federal 

Trade Commission. Pursuant to Administrative Law Judge D. Michael Chappell's May 12,2009 

Order, enclosed is a Subpoena requiring you to appear and testify at the adjudicative hearing in 

this matter. The Subpoena requires your attendance on Tuesday, May 12, 2009. Please 

disregard that date. We wil contact you to inform you of 
 the date you are scheduled to testify. We anticipate it wil be after May 22, 2009. We appreciate your cooperation and we wil attempt 

to give you as much notice as possible. 

Please contact my offce if you have any questions about this matter. 

Very truly yours, 

1/ Á t /i
 

Wiliam L. Rikard, Jr. 

WLR:psa 

Enclosure 

cc; 1. Robert Robertson, Esq.
 

Steven A. Dahm, Esq. 

CHARLESTON, SC
 

COLUMBIA. sc
 

MYRTLE BEACH, SC 

RALEIGH. NC 

SPARTANBURG. SC
 

PP AB -i93v2
 
United States of America
 

Federal Trade CommIssion
 

SUBPOENA 

,. TO 

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:; Mo\o~~V\ LciV\e
 

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This subpoena reuires you to appear and give teslfmoy al. the dale and Ife specfied In Item 3 at the reest of
 

Counsel listed in Item 7 at a hearfng In it proding described In Item 4. 

2. LOCTION OF HERING 3. DATE AND TIME OF HEARING 

Fec\tV'\ Tro.e COMMi~sio\' 

lDOe l'~\'nS\\Vo.V\io. ~v~)NW May 1'2, i Ooq (§ IOcLm

t\tQY,V\~ ~OOW\ 6~ 2- .
 

WO-i.\'l -\", . 20 .
 

4. SUBJECT OF PROCEEDINGS 

"Po\,:yOt'e \v\-\VVlD.'\'c!o.\J \nc. Dod:..e+ No. a3J.l 

5. RECORDS YOU MUST BRING WITH YOU 

(\ 0 ne 

6. ADMINISTRTIVE LAW JUDGE 7. COUNSEL REQUESTING SUBPOENA 

\¡\h\\\a'M ~\~~vcl (10"\') 3~S 90\ \ 

\). M\cha..e.\ c.V\Cllpe\\
 ~""k \Ñe\s~ ('0"\) '3~~ '\O'i- DATE JSSUEO ADMINISTRATIVE LAW JUDGE'S SIGNATURE 

SI\a\o9 J) it


GENERA INSTRUCTIONS 

APPEACE TRAVEL EXPENSES 

Th d&lvei of !his sub to yo by any melh presbe by 

th Commlss's Rules of Prce Is legl SeMce and may subJed	 Tl Comission's Rules of Practice require lhl fees an nieage you to a penally Impose by law ror rallure to comply.	 be paid by \h part lht reueste yo appearanc. You should 

prt your clam to Counseillte In Item 7 for payment. If you


MOTION TO LIMIT OR QUASH	 ara pannanonti or IeponiHy IMng somehere orher than th

addre on this suba and n would reuIre exclvelrvel ror 

Th Cosson's Rule of Pr reuir that any motTon to "m~
 you 10 apar. you mut get prr apprva frm Counsel
 or quh th sUbpna be rded within tM earlr of 10 days after	 lited In It 7.
 serv or the ti for companc. Th origina and ten copie of
 

th motion must be flIed with th Secrry of the Federal Trade

CommISion. Sen one co 10 th Requetlng Counsel name In

Item 7 an to aH oter parts precribe In the Rules at Praic.	 Ths subpona does not requir approval by OMS uner the

Parwrt Reduc Act of 198, 

FTC Fonn 69 (rev 1/97) 
- - - - - - - - - - - - - - - -- - - - - - - - - - --

REURN OF SERVICE 

l/ly cer /h a duplcale cil of /he wrhl
 

subpne wii duly sør: (_ .,..-..
 

o In pe~on
 

Co by re/e maR,
 

o by leaving copy at plpelolce or p/ of bulnes. 10 wit:
 

_. -. - -- -.--- - - -- --- -- ------­

-- - -- -. ---- ------. ---. --- --­

- - --------. ------ ----- -- ---­

on /he pers n81d herein on: 

-- .-. --- --- --- -- ------ -. - --- - ---- -----­ (Me", da, __, 

-- - ------ -- - - - - --- .-. - -------- - ---- - - -­ (Nol_~_) 

- - - - - -- ----- - - --e~-~i ---- ------ --- --­
CERTIFICATE OF SERVICE 

I hereby certify that on May 13, 2009, I served via Federal Express delivery two copies of 

the foregoing trial Subpoena issued to Eric Heglie upon: 

Eric Heglie 

3 Maloyan Lane 

Lafayette, California 94549 

I hereby certify that on May 13, 2009, I caused to be served via electronic mail and 

Federal Express delivery two copies of 
 the foregoing trial Subpoena issued to Eric Heglie upon: 

J. Robert Robertson, Esq. Steven Dahm, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rro bertson(iftc. gov sdahm (iftc. gov

V~ t l0
 

Willam L. Rikard, Jr. 

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-9052 

Facsimile: (704) 334-4706 

PPAB 1563495v2