~,' "',I ~, i,!\ a etìdr'i E	 r. ,,\t\ ii;¡ t1 

:; ti\b ß,,2.,.¡1 e., ~ rf'~', u 5 ~ 'Wil 'A~ \",h ';'. 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

,,¡::~;(;::;i:':O-:,?,~~"¡'~':~~:~t~~:::,:' ,'" 

In the Matter of )	 l'I,¿()J '". fis;¿ 1,1 "', ' . U,",'

) Docket No. 9327 \" 6~r; ;~.J:f
 ) " - ~,:~¡,r:-~,n,':"'" ..& . ,;
 Polypore International, Inc. ) ~:.~ 

a corporation	 ) PUBLIC DOCUMENT
 

)
 

RESPONDENT'S MOTION TO COMPEL ENTEK INTERNATIONAL LLC TO 

PRODUCE DOCUMENTS REQUESTED BY SUBPOENA DUCES TECUM 

Respondent Polypore International, Inc. ("Polypore") respectfully submits this Motion to 

Compel ENTEK International LLC ("ENTEK") to Produce Documents Requested by Subpoena 

Duces Tecum, as amended by agreement between Polypore and ENTEK, in accordance with 

Commission Rule § 3.38(a)(2). This Motion is based on the grounds set forth in Poylpore's 

memorandum in support of its M()tion to Compel ENTEK International LLC to Produce 

Documents Requested by Subpoena Duces Tecum. 

Respondent seeks the immediate production of documents and electronic data responsive 

to its subpoena duces tecum, as amended by agreement between Polypore and ENTEK. Counsel 

for Respondent has conferred with counsel for ENTEK in a good faith effort to reach a resolution 

on ENTEK's compliance with Respondent's subpoena duces tecum. Respondent and ENTEK 

have been unable to resolve the dispute and Respondent therefore respectfully petitions this 

Court for an Order requiring immediate compliance. 

PPAB 152191 Ivl 
Dated: January 12,2009 Respectfully Submitted, 

(3ò Vl4­ Wiliam L. Rikard, Jr. 

Eric D. Welsh 

PARKER POE ADAMS & BERNSTEIN, LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 372-9000 

Facsimile: (704) 335-9689 

willamrikard~parkerpoe.com 

ericwelsh~parkerpoe.com 

John F. Graybeal 

PARKR POE ADAMS & BERNSTEIN, LLP 

150 Fayettevile Street 

Raleigh, NC 27602 

Telephone: (919) 835-4599 

Facsimile: (919) 828-0564 

i ohngraybeal~parkerpoe.com 

Attorneys for Respondent 

2 

PPAB 152191 Ivl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) 

) Docket No. 9327 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT 

) 

PROPOSED ORDER 

Upon consideration of Respondent's Motion to Compel ENTEK International LLC to 

Produce Documents Requested by Subpoena Duces Tecum, any opposition thereto, and the Court 

being fully informed, 

IT IS HEREBY ORDERED, that Respondent's Motion is GRANTED. 

naIl IT IS FUR'FHER"0RBEREB;thatEN'FEKshall immediately take necessary steps 

toward producing to Respondent all subpoenaed documents responsive to Respondent's
 

subpoena duces tecum as soon as possible. Such production shall be completed within one (1) 

week from the date of issuance of this Order. 

D. Michael Chappell 

Administrative Law Judge 

Date: 

PPAB 152191 Ivl 
CERTIFICATE OF SERVICE 

I hereby certify that on January 13, 2009, I caused to be fied via hand delivery and 

electronic mail delivery an original and two copies of the foregoing Motion to Compel ENTEK 

International LLC to Produce Documents Requested by Subpoena Duces Tecum and 

Proposed Order, and that the electronic copy is a true and correct copy of the paper original and 

that a paper copy with an original signature is being fied with: 

Donald S. Clark, Secretary 

Office of the Secretary 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, Rm. H-135 

Washington, DC 20580 

secretary~ftc. gov 

. I hereby certify that on January 12, 2009, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Motion to Compel 

ENTEK International LLC to Produce Documents Requested by Subpoena Duces Tecum and 

Proposed Order upon: 

The Honorable D. Michael Chappell
 

Administrative Law Judge 

Federal Trade Commission 

600 Pennsylvania Avenue, NW 

Washington, DC 20580 

oali~ftc.gov 

I hereby certify that on January 12, 2009, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Motion to Compel ENTEK 

International LLC to Produce Documents Requested by Subpoena Duces Tecum and 

Proposed Order upon: 

1. Robert Robertson, Esq. Steven Dah, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

rro bertson~ftc. gov sdahm~ftc. gov 

Darius Ogloza, Esq.
 

LATHAM & WATKINS, LLP 

505 Montgomery Street, Suite 2000 

San Francisco, California 94111-6538 

DARIUS.OGLOZA~L W.com 

4 

PPAB 152191 Ivl 
aALL-


Adam C. Shearer
 

Parker Poe Adams & Bernstein LLP
 

Three Wachovia Center
 

401 South Tryon Street, Suite 3000
 

Charlotte, NC 28202
 

Telephone: (704) 335-9050
 

Facsimile: (704) 334-4706
 

PPAB 152191 Ivl 
UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of ) 

) Docket No. 9327 

Polypore International, Inc. 

a corporation 

) 

) 

) PUBLIC DOCUMENT 

) 

STATEMENT PURSUANT TO 16 C.F.R. § 3.22(0 

I, Eric D. Welsh, Esq., on behalf of Parker Poe Adams & Bernstein LLP ("Parker Poe") 

as counsel for Polypore International, Inc. ("Polypore"), hereby represent that Parker Poe has 

conferred with counsel for ENTEK International LLC ("ENTEK") in an effort in good faith to 

resolve by agreement the issues raised by Respondent's Motion to Compel ENTEK International 

LLC to Produce Documents Requested by Subpoena Duces Tecum, and have been unable to 

reach such an agreement. 

Parker Poe and counsel for- ENTEK discussed these issues in correspondence on 

November 24,2008, November 25,2008, December 5, 2008, December 9,2008, December 10, 

2008, December 12, 2008, and January 7, 2009. Additionally, Parker Poe met with counsel for 

ENTEK by conference call, including on November 14, 18, 24, 2008, December 5, 2008, and 

January 6, 2009, to fuher discuss these issues. During these calls, I was present for Parker Poe 

and Darius Ogloza, Esq., Hano Kaiser, Esq. and/or Brett Collns, Esq. were present for ENTEK. 

During the telephone call on January 6, 2009, ENTEK's counsel was unable to commit to when 

ENTEK's production would be complete and would not commit that it would be complete by 

January 13,2009. 

As a result of these discussions it was concluded that Polypore and ENTEK were at an 

impasse with respect to the issues raised in Polypore's Motion. 

6 

PPAB 1521911vl 
Dated: January 12, 2009
 Respectfully Submitted,
 

Eri . Welsh
 æu- ~4­

PARKER POE ADAMS & BERNSTEIN, LLP
 

Three Wachovia Center
 

401 South Tryon Street, Suite 3000
 

Charlotte, NC 28202
 

Telephone: (704) 372-9000
 

Facsimile: (704) 335-9689
 

ericwelsh~parkerpoe.com
 

7
 

PPAB 152191 Ivl