UNITED STATES OF AMERICA
 

FEDERA TRAE COMMISSION
 ORIGINAL
 OFFICE OF ADMINISTRATIVE LAW JUGES ?~~:i-r~";~~:~~ 

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In the Matter of 

McWANE, INC., 

a corporation, and 

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NO. 9351 

STAR PIPE PRODUCTS, LTD., 

a limited parnership, 

Respondents. 

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ORDER GRATING UNOPPOSED MOTION FOR EXTENSION
 

OF TIME AND REVISED SCHEDULING ORDER 

On May 30,2012, Respondent McWane, Inc. ("McWane") filed an unopposed motion for 

extension oftime. McWane moves for a seven day extension of 
 time to respond and object to 

Complaint Counsel's Requests for Admission, which it states were served on May 22,2012 and 

responses to which are curently due on June 1,2012. In addition, McWane moves for 

corresponding seven-day extensions to the deadlines in the Scheduling Order for the provision of 

expert reports. 

In support of 
 its motion, McWane states that it does not have sufficient time to adequately 

respond to the Requests for Admission in light of other, ongoing discovery being conducted during 

the time period that McWane has to respond and object. McWane represents that Complaint 

Counsel stated it expects McWane's responses to the Requests for Admission to be used in 

Complaint Counsel's expert's report, and thus Complaint Counsel does not oppose the extension of 

time, provided there is a corresponding extension of the deadline for Complaint Counsel to provide 

its expert reports. McWane further states that the extension of the deadline for Complaint Counsel 

to provide expert witness reports would necessitate a similar extension of the deadline for McWane 

to provide expert witness reports and for Complaint Counsel to identify rebuttal experts and provide 

rebuttal expert reports. 

McWane has demonstrated good cause for granting the requested extensions. Neither the 

hearng date in this matter, nor any other deadlines established by the Scheduling Order issued in 

this case would be affected. Accordingly, McWane's motion is GRANTED. 

The Revised Scheduling Order is as follows: 
June 1,2012	 Close of discovery, other than discovery permitted under Rule 

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

authenticity and admissibility of exhibits, and Respondent Mc Wane's 

responses and objections to the May 22,2012 Requests for 

Admission. 

June 1,2012	 Deadline for filing "( m Jotions to dismiss filed before the 

evidentiary hearng, motions to strike, and motions for 

sumary decision" pursuant to Rule 3.22(a). 

June 8, 2012	 Deadline for Respondent MeW ane to serve its responses and
 

objections to pending Requests for Admission.
 

June 15,2012	 Deadline for Complaint Counsel to provide expert witness reports. 

June 29,2012 . Deadline for Respondents' Counsel to provide expert witness reports. 

Respondents' expert report shall include (without limitation) rebuttal, 

if any, to Complaint Counsel's expert witness report(s). 

July 6,2012	 Complaint Counsel provides to Respondents' Counsel its final 

proposed witness and exhibit lists, including depositions or designated 

portions thereof, copies of all exhibits (except for demonstrative, 

ilustrative or summar exhibits and expert related exhibits), 

Complaint Counsel's basis of admissibility for each proposed exhibit, 

and a brief summary of the testimony of each witness. 

Complaint Counsel serves couresy copies on ALJ of its final 

proposed witness and exhbit lists, its basis of admissibility for each 

proposed exhibit, and a brief summary of the testimony of each 

witness, including its expert witnesses. 

July 12, 2012	 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 Respondents' expert reports. If 	 material outside 

the scope of fair rebuttal is presented, Respondents 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 
 Respondents). . 

July 16, 2012	 Respondents' Counsel provides to Complaint Counsel its final 

proposed witness and exhibit lists, including depositions or designated 

portions thereof, copies of all exhbits (except for demonstrative, 

ilustrative or sumary exhibits and expert related exhibits), 

Respondents' basis of admissibility for each proposed exhibit, and a 

brief summary of the testimony of each witness. 

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Respondents' Counsel serves courtesy copies on ALJ its final 

proposed witness and exhbit lists, its basis of admissibility for each 

proposed exhbit, and a brief summary of the testimony of each 

witness, including its expert witnesses. 

July 17, 2012 Paries that intend to offer confidential materials of an opposing party 

or non-pary as evidence at the hearng must provide notice to the 

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

July 24,2012 Deadline for depositions of experts (including rebuttal experts) and 

exchange of expert related exhibits. 

July 24,2012 Exchange deposition transcript counter-designations. 

July 27,2012 Deadline for filing motions for in camera treatment of proposed tral 

exhibits. 

July 27,2012 Deadline for filing motions in limine to preclude admission of 

evidence. 

August 7, 2012 Deadline for fiing responses to motions for in camera treatment of 

proposed tral exhibits. 

August 7,2012 Deadline for filing responses to motions in limine to preclude 

admissions of evidence. 

August 16, 2012 Exchange and serve couresy copy on ALJ objections to final 

proposed witness lists and exhibit lists. 

August 16,2012 Exchange objections to the designated testimony to be presented by 

deposition and counter-designations. 

August 17, 2012 Complaint Counsel files pretrial brief supported by legal authority. 

August 21,2012 Exchange proposed stipulations oflaw, facts, and authenticity. 

August 24,2012 Respondents' Counsel files pretrial brief supported by legal authority. 

August 28, 2012 File final stipulations oflaw, facts, and authenticity. Any subsequent 

stipulations may be offered as agreed by the paries. 

August 30, 2012 Final prehearng conference to begin at 10:00 a.m. in FTC Courtoom, 

Room 532, Federal Trade Commission Building, 600 Pennsylvana 

Avenue, NW, Washington, DC 20580. 

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

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tral logistics and proposed stipulations of law, facts, and authenticity 

of exhbits and any designated deposition testimony. To the extent
 

the paries stipulate to certain issues, the paries shall prepare a Joint 

Exhbit which lists the agreed stipulations. 

Counsel may present any objections to the final proposed witness lists 

and exhibits, including to any designated deposition testimony. Trial 

exhibits wil be admitted or excluded to the extent practicable. To the 

extent the paries agree to the admission of each other's exhibits, the 

paries shall prepare a Joint Exhibit which lists the exhbits to which 

neither side objects. Any Joint Exhbit wil be signed by each pary 

with no signature for the judge required. 

September 4,2012 Commencement of
 Hearng, to begin at 10:00 a.m. in FTC 

Couroom, Room 532, Federal Trade Commission Building, 600 

Pennsylvana Avenue, NW, Washington, DC 20580. 

All Additional Provisions to the Februar 15, 2012 Scheduling Order remain in effect. The 

paries are reminded that they must comply with Additional Provision 1 which states: 

1. For all papers that are required to be fied with the Offce of 
 the Secretar, the 

pares shall serve a courtesy copy on the Administrative Law Judge by electronic mail to the 

following email address: oali@ftc.gov. The couresy copy should be transmitted at or shortly after 

the time of any electronic filing with the Office of the Secretar. The oalj@ftc.gov email account is 

to be used only for courtesy copies of pleadings fied with the Offce of the Secretary and for 

documents specifically requested of the paries by the Offce of Administrative Law Judges. The 

subject lie of all submissions to oalj@ftc.gov shall set forth only the Docket Number and the 

title of the submission. Service by email shall be followed promptly by delivery of one hard copy 

by the next business day. In any instance in which a couresy copy of a pleading for the 

Administrative Law Judge canot be 
 effectuated by electronic mail, counsel shall hand deliver a 

hard copy to the Offce of Administrative Law Judges. Discovery requests and discovery responses 

shall not be submitted to the Offce of Administrative Law Judges. The paries are reminded that all 

filings with the Offce of the Secretary, including electronic filings, are governed by the provisions 

of Commission Rule 4.~( d), which states: "Documents must be received in the Offce of the 

Secretary ofthe Commission by 5:00 p.m. Eastern time to be deemed filed that day. Any 

documents received by the agency after 5:00 p.m. wil be deemed filed the following business day." 

ORDERED: ")lY ~

D. Michael Chappell 

Chief Administrative Law Judge 

Date: June 1,2012 

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