ORIGINAL 

UNITED STATES OF AMERICA
 

FEDERAL TRADE COMMISSION
 

OFFICE OF ADMINISTRATIVE LAW JUDGES
 

In the Matter of 

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POL YPORE INTERNATIONAL, INC., 

Respondent. 

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) 

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Docket No. 9327 

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ORDER ON POST TRIAL BRIEFS 

I. Post trial briefing schedule
 

July 10, 2009	 Deadline for filing concurrent post trial briefs, 

proposed findings of fact, and conclusions of law 

July 31, 2009	 Deadline for filing concurrent reply briefs 

and replies to proposed findings of fact 

The parties shall serve each other with electronic copies of all post trial pleadings 

immediately after filing such pleadings. 

The parties shall serve the Office of Administrative Law Judges (OALJ) with four hard 

copies of all post trial pleadings and an electronic version of all post tral pleadings. The 

electronic version shall be converted into WordPerfect before service upon the OALJ. 

Electronic service on the OALJ may be made to OALJ~ftc.gov. 

II. Requirements for post trial briefs
 

The following requirements for post trial briefs, proposed findings of fact, conclusions of 

law, post trial reply briefs, and replies to proposed findings of fact shall be followed: 

· 16 C.F.R. § 3.46 has express requirements for proposed findings of fact and 

conclusions oflaw. These requirements shall be followed. 

· 16 C.F.R. § 3 .45( e) has express requirements for fiing briefs that include 

information that has been granted in camera treatment. Paries must clearly 

indicate material that has been granted in camera treatment by use of 	 braces and 

bold font in the in camera versions of their briefs and proposed findings. In 
addition, paries must indicate that the exhibit or transcript page is in camera. An 

example follows: 

Company A and Company B each submitted budget pricing on the Texas 

project. Company A's price was f$200,OOOl while Company B's price
 

was f$300,OOOl. (CX 1000 at ABC 200321, in camera). 

· All proposed findings of fact shall be supported by specific references to the 

record. All conclusions oflaw, including, but not limited to, liability and the 

proposed remedy, shall be supported by legal authority. The parties shall provide 

briefing in support of or in opposition to the proposed order attached to the 

Complaint in this case. On the issue of jurisdiction, only proposed findings of 

fact (supported by specific references to the record) are required. 

· Do not cite to testimony for the truth of the matter asserted if the testimony was 

admitted over objection for a purpose other than for the truth of the matter 

asserted. If such testimony is cited, the party must indicate in its brief or 

proposed findings that the testimony was elicited for a purpose other than for the 

truth of the matter asserted. 

· Do not cite to evidence that was admitted for a limited purpose for any purpose 

other than the theory under which it was admitted. 

· Do not cite to documents that are not in evidence, documents that have been 

withdrawn, or documents that have been rejected. i 

· Do not cite to demonstrative exhibits as substantive evidence. 

· Do not cite to an offer of proof or testimony or documents that were elicited on an 

offer of proof. 

· Violations of the requirements of this Order should be pointed out by opposing 

counsel in the reply brief or reply to proposed findings of fact. 

· Where testimony cited to is testimony elicited at tral, the paries shall identify 

that cite by the witness' name, the letters "Tr." and the transcript page number. 

Do not provide line numbers or the word "at" before the transcript page number. 

Do not use first initials unless there is more than one witness with the same last 

name. The cite following the statement of fact shall be in parentheses. An 

example of 
 the format that shall be used is: (Smith, Tr. 1098). Ifmore than one 

¡The parties are directed to comply with the Order Granting Respondents' Motion to Strike, 

issued in Chicago Bridge & Iron Co., Docket 9300 (June 12, 2003), 

htt://www .ftc.gov/ os/ adjpro/ d93 OO/030612aljordrantrespmotostrike.pdf. 

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source is used for the same proposition, the format that shall be used is (Smith, Tr. 

1098; Jones, Tr. 153).
 

· Where testimony cited to is from a deposition or an investigational hearng 

transcript that was admitted in evidence, the parties shall identify that cite by the 

exhibit number, and then, in parentheses, the deponent's name, the letters "Dep." 

or "IHT", and the transcript page number. Do not provide line numbers. Do not 

use first initials unless there is more than one declarant with the same last name. 

The cite following the statement of fact shall be in parentheses. An example of 

the format that shall be used is: (RX 100 (Smith, Dep. at 1098)). 

· Do not use "!d." as a cite in the proposed findings of fact or the reply findings of 

fact. 

· Do not cite to more than one copy of the same document. (I e., if RX 100 and CX 

200 are different copies ofthe same document, cite to only one exhibit number.) 

· Reply briefs shall be limited to refuting issues raised by the opposing side and 

should not be used merely to bolster arguments made in the opening post trial 

briefs. 

· Reply briefs shall reply to the arguments in the same order as the arguments were 

presented by the opposing party in its opening brief. 

· Reply findings of fact shall set forth the opposing party's proposed finding of fact 

in single space and then set forth the reply in double space. Reply findings of fact 

shall be numbered to correspond to the findings that the reply findings are 

refuting and shall use the same outline headings as used by the opposing party in 

its opening proposed findings of fact. If you have no specific response to the 

opposing party's proposed finding of fact, set forth the opposing party's proposed 

finding of fact and then state that you have no specific response or do not 

disagree. 

· An example of the format .for reply findings that shall be followed is: 

39. Pitt Des-Moines was a corporation organized and existing
 

under the laws of the Commonwealth of Pennsylvania, publicly 

traded on the American Stock Exchange, with its principal place of 

business at 1450 Lake Robbins Drive, Suite 400, the Woodlands, 

Texas, 77380. (CX 328 at CB&I 001253-CHI; CX 21 at PDM-C 

1000003; Byers, Tr. 6732). 

Response to Findinl: No. 39: 

Respondents have no specific response. 

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· Reply findings of 
 fact should be used only to directly contradict the other side's 

proposed findings, and should not be used merely to restate the proposition in 

language which is more favorable to your position. 

· Briefs must be spiral bound. Velo binding shall not be used. 

III. Exhibits
 

The parties shall provide the OALJ with one set in hard copy of all exhibits. The paries 

are to confer to ensure that duplicate sets of exhibits that are used by both sides are not provided. 

Binders containing the exhibits must not exceed three inches. The paries shall provide this set 

of exhibits within five business days ofthis order. 

The paries shall provide the OALJ with one set in electronic copy of all exhibits. In 

addition, the parties shall provide the OALJ with deposition transcripts or portions thereof that 

have been admitted into evidence as exhibits, in an OCR (searchable) electronic format, such as 

e-transcript, ASCii, Word or RTF. The parties shall provide this set of exhibits within five 

business days of this order. 

ORDERED: ~ 

D. Michael Chappe 

Chief Administrative Law Judge 

Date: June 16,2009 

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