UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of 

McWANE,INC., DOCKET NO. 9351 

a corporation. 

PUBLIC 

RESPONSE OF U.S. PIPE & FOUNDRY COMPANY, INC. TO 


COMPLAINT COUNSEL'S MOTION TO EXCLUDE EVIDENCE RELATING TO 


ADVICE RELATED TO DIFRA AND ITS OPERATIONS, OR IN THE ALTERNATIVE, 


TO COMPEL RELATED DISCOVERY 


U.S. PIPE & FOUNDRY COMPANY, INC. RESPONDS AS FOLLOWS: 

1. On or about June 25, 2012, Federal Trade Commission ("FTC") Complaint 

Counsel submitted a motion to this Court requesting that the Court "exclude all evidence relating 

to any advice by [counsel for the Ductile Iron Fitting Research Association ("DIFRA")], or any 

reliance thereof by DIFRA Members; or in the alternative, compel the production of any DIFRA 

related documents that have been withheld on the basis of privilege and permit Complaint 

Counsel to re-depose DIFRA's counsel and its Members related to the substance of that advice." 

Mot. at 9. 

2. U.S. Pipe & Foundry Company, Inc. ("U.S. Pipe"), a third party to this matter, 

takes no position on Complaint Counsel's assertion that McWane, Inc. ("McWane") has relied 

on the advice of counselor intends to offer such evidence at trial. 

LATHAM&WATKINS'" ATTORNEYS AT LAw 

WASHINGTON, D.C. 
3. U.S. Pipe reserves its rights to move to quash and otherwise object to and resist 

any further discovery of U.S. Pipe on any basis, including but not limited to the bases that any 

such discovery would be privileged, unduly burdensome or untimely. 

Dated: July 5, 2012 Respectfully submitted, 

Byg:i• ..t~(~ Abbott B. Lipsky, Jr. 


Jason D. Cruise 


Michael L. Hitsky 


LATHAM & WATKINS LLP 


555 Eleventh Street, NW, Suite 1000 


Washington, DC 20004-1304 


Telephone: (202) 637-2200 


Facsimile: (202) 637-2201 


Attorneys for us. Pipe & Foundry 

Company, Inc. 

2 

UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of 

MeW ANE, INC., DOCKET NO. 9351 

a corporation. 

PROOF OF SERVICE OF PUBLIC FILING AND CERTIFICATION 

I, Michael L. Hitsky, hereby certify that on this 5th day ofJuly, 2012, I caused a copy of 

the documents listed below to be served by hand on each of the following: The Office of the 

. Secretary of the Federal Trade Commission (original and two copies) and the Honorable D. 

Michael Chappell (one copy), 

and by electronic mail to the Honorable D. Michael Chappell (oalj@ftc.gov); Thomas H. 

Brock (tbrock@ftc.gov); Edward Hassi (ehassi@ftc.gov); Linda Holleran (lholleran@ftc.gov); J. 

Alexander Ansaldo (jansaldo@ftc.gov); Andrew K. Mann (amann@ftc.gov); Jeanine Balbach 

(jbalbach@ftc.gov); Michael J. Bloom (mjbloom@ftc.gov); Geoffrey Green (ggreen@ftc.gov); 

Joseph A. Ostoyich (joseph.ostoyich@bakerbotts.com); Andreas Stargard 

(andreas.stargard@bakerbotts.com); William Lavery (william.lavery@bakerbotts.com); Alan 

Truitt (atruitt@maynardcooper.com); Thomas Thagard III (tthagard@maynardcooper.com); 

Gregory Huffman (Gregory.Huffman@tklaw.com); William Katz (William.Katz@tklaw.com); 

Nicole Williams (Nicole.Williams@tklaw.com); Brian Stoltz (Brian.Stoltz@tklaw.com); 

Matthew White (whitema@ballardspahr.com); Jason Leckerman 

(leckermanj@ballardspahr.com); Richard Gill (gill@copelandfranco.com); Thad Long 

(thadlong@aol.com); and Michael Denniston (mdenniston@babc.com): 

(1) 	Response of U.S. Pipe & Foundry Company, Inc. to Complaint Counsel's Motion to 

Exclude Evidence Relating to Advice Related to DIFRA and its Operations, or in the 

Alternative, to Compel Related Discovery; 

(2) This Proofof Service. 
July 5, 2012 	 "By: ~4c\ ~4~ Michael L. Hitsky 

LATHAM & WATKINS LLP 

555 Eleventh Street NW, Suite 1000 

Washington D.C., 20009 

Tel: (202) 637-2200 

michael.hitsky@lw.com 

Counselfor us. Pipe & Foundry Company, 

Inc.