UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

ORIGINAL
 

In the Matter of	 Docket No. 9327 

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~~69~ 

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Polypore International, Inc. 

)	 5il~~

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a corporation ) PUBLIC DOCUMENT
 

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RESPONDENT'S MOTION FOR THE ISSUANCE OF A SUBPOENA AD 

TESTIFICANDUM 

Pursuant to Rule 3.34(a)(2) Rules of 
 Practice for Adjudicative Proceedings before the 

United States Federal Trade Commission, Respondent Polypore International, Inc. ("Polypore") 

respectfully moves for an Order authorizing the issuance of one subpoena ad testifcandum to be 

issued to Douglas Gilespie. This individual is located in the United States. 

The anticipated testimony of 
 this individual is reasonably relevant to Respondent's 

defense of 
 this matter and, thus satisfies the conditions under Rule 3.34(a)(2) for the issuance of 

a subpoena ad testifcandum to give testimony at an adjudicative hearing. A brief description of 

this individual's position and relevance to Respondent's case is as follows: 

Douglas Gilespie	 Exide Technologies, Vice President, Global Procurement. 

May testify on direct and/or in rebuttal testimony regarding 

information concerning the matters related to his Declaration, 

dated September 30, 2009, including without limitation, 

Exide's purchase orders for separators placed with Daramic 

following the close of the hearing record, Exide's actual or 

potential warehousing of Daramic separators, Exide's 

purchase of PE separators for 2010 and 2011 and discussions 

between Exide and Daramic regarding a new contract 

PPAB 1557839v3 
Respondent reserves the right to subpoena additional witnesses for triaL. 

2
 

PPAB 1557839v3 
Dated: October 20, 2009 Respectfully Submitted, 

ci()W~
 Wilham L. RiKard, Jr. 

Eric D . Welsh 

PARKR 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 

iohngraybeal~parkerpoe.com 

Attorneys for Respondent 

PPAB 1557839v3 
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 GRANTING RESPONDENT'S MOTION 

FOR THE ISSUANCE OF A SUBPOENA AD TESTIFICANDUM 

IT is ORDERED THAT, upon due consideration, Respondent Polypore International, 

Inc.'s Motion for the Issuance of a Subpoena ad testifcandum is hereby GRANTED. 

D. Michael Chappell 

Administrative Law Judge 

Date: 

PPAB 1557839v3 
CERTIFICATE OF SERVICE
 

I hereby certify that on October 21, 2009, I caused to be fied viahand delivery and 

electronic mail delivery an original and two copies of the foregoing Respondent's Motion for 

the Issuance of a Subpoena ad testifcandum, 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 filed with: 

Donald S. Clark, Secretary 

Office of the Secretar 

Federal Trade Commission 

600 Pennsylvania Avenue, NW, Rm. H-135 

Washington, DC 20580 

secretary~ftc. gov 

I hereby certify that on October 21, 2009, I caused to be served one copy via electronic 

mail delivery and two copies via overnight mail delivery of the foregoing Respondent's Motion 

for the Issuance of a Subpoena ad testifcandum 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 October 21, 2009, I caused to be served via first-class mail 

delivery and electronic mail delivery a copy of the foregoing Respondent's Motion for the 

Issuance of a Subpoena ad testifcandum 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 

rrobertson~ftc.gov sdah~ftc.gov 

Brian Weyhrich ~ 

,3~ MÚ

Parker Poe Adams & Bernstein LLP 

Three Wachovia Center 

401 South Tryon Street, Suite 3000 

Charlotte, NC 28202 

Telephone: (704) 335-6639 

Facsimile: (704) 334-4491 

5 

PPAB 1557839v3 
United States of America
 

Federal Trade Commission
 

SUBPOENA 

1. TO 

Mr. Dougl~s Gillespie
 

Exide Technologies
 

13000 Deerfield Parkway
 

Building 200
 

Alpharetta, GA 30004
 

This subpoena requires you to appear and give testimony at the date and time specified in Item 3 at the request of 

Counsel listed in Item 7 at a hearing in the proceeding described in Item 4. 

2. LOCATION OF HEARING 3. DATE AND TIME OF HEARING 

FEDERAL TRADE COMMISSION November 4, 2009 at 10: 00 am
 600 PENNSYLVANIA AVE., NW 

HEARING ROOM 532
 

WASHINGTON, DC 20580
 

4. SUBJECT OF PROCEEDINGS 

POL YPORE INTERNATIONAL, INC., DOCKET NO. 9327 

5. RECORDS YOU MUST BRING WITH YOU
 

NONE 

6. ADMINISTRATIVE LAW JUDGE 7. COUNSEL REQUESTING SUBPOENA 

Eric D. Welsh
 

Three Wachovia Center, Suite 300
 D. MICHAEL CHAPPELL 

401 South Tryon Street
 

Charlotte, NC 28202-1935
 

DATE ISSUED
 ADMINISTRATIVE LAW JUDGE'S SIGNATURE 

GENERAL INSTRUCTIONS
 

APPEARANCE
 TRAVEL EXPENSES 

The delivery of this subpoena to you by any method prescribed by 

.the Commlsslon's Rules of Practice Is legal service and may subject The Commission's Rules of Practice require that fees and mileage 

you to a penalty Imposed bylaw for failure to comply. be paid by the part that requested your appearance. You should 

present your claim 10 Counsel listed in Item 7 for payment. If 
you

MOTION TO LIMIT OR QUASH are permanently or temporarily liVing somewhere other than the

address on this subpoena and it would require excessive travel for 

The Commission's Rules of Practice require that any motion to limit you to appear, you musl get prior approval from Counsel listed In 

or quash thIs subpoena be fied withIn the earlier of 10 days after Item 7. service or the time for compliance. The original and 
 ten caples of the motion must be fied with the Secretary of the Federal Trade 

Commision. Send one copy to the Requesting Counsel named In This subpoena does not require approval by OMB under the Item 7 and to all other parties prescribed In the Rules of Practice. Paperwork Reduction Act of 1980. 

FTC Form 69 (rev 1/97) 
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RETURN OF SERVICE
 

I hereby certify that a duplicate original of the within
 

subpoena was duly seNed: (chec the method used) 

C in person. 

C by registered mail. 

C by leaving coy at principal offce or place of business, to wit: 

on the person named herein on: 

(Moth. day. and yeer) 

(Nama 01 pars making servce)
 

(OIlal title)