UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION ORIGINAL 

In the Matter of PUBLIC 

McWANE, INC., 

a corporation, and 

DOCKET NO. 9351 

STAR PIPE PRODUCTS, LTD., 

a limited partnership. 

UNOPPOSED MOTION FOR EXTENSION OF TIME FOR MUELLER WATER 


PRODUCTS, INC. TO FILE MOTION TO QUASH OR TO LIMIT 


THE FEDERAL TRADE COMMISSION'S SUBPOENA DUCES TECUM 


COMES NOW MUELLER WATER PRODUCTS, INC., BY AND THROUGH ITS 

COUNSEL AND MOVES AS FOLLOWS: 

1. On or about March 15, 2012, the Federal Trade Commission ("FTC") served on 

Mueller Water Products ("Mueller") a Subpoena Duces Tecum (the "Subpoena") containing 

requests for documents and data, with a response date of April 4, 2012. 

2. Pursuant to the FTC's Rules of Practice, 16 C.F.R. § 3.34(c), Mueller has ten (10) 

days in which to file a motion to quash or to limit the Subpoena, which results in a deadline of 

March 28,2012. 

3. Counsel for Mueller and the FTC are engaged in negotiations regarding the scope 

.of the FTC's requests, objections by Mueller thereto, and the time required for Mueller to 

produce responsive documents and data. To facilitate those negotiations, and a rolling 

production of documents in furtherance thereof, Mueller has requested that the FTC's counsel 

agree that Mueller shall have an additional thirty (30) days in which to file a motion to quash or a 

motion to limit the Subpoena should Mueller and the FTC be unable to resolve all issues 

regarding Mueller's response to the Subpoena; provided, however, that if either Mueller or the 

FTC's counsel notifies the other via email that the negotiations have broken down, Mueller shall 

have instead five (5) calendar days from the date on which the email was sent to file a motion to 

LATHAM&WATKI NS'"p 

ATTORNEYS AT LAw 

WASHINGTON, D.C. 
quash or to limit the Subpoena. 

4. Therefore, Mueller reque~tsthaithl~:'Court glint it until the earlier of April 27, 

2012 or five (5) calendar days from the date ,on which Mueller or the FTC's counsel notifies the 

other via email that the negotiations have broken down to file a motion to quash or to limit the 

Subpoena. 

5. This extension has been agreed upon in order to afford Mueller counsel sufficient 

time to negotiate with FTC counsel regarding reasonable limitations and modifications of the 

FTC's specifications, to produce responsive materials on a rolling basis, and to reduce the burden 

on Mueller of responding, and thereby to potentially avoid the necessity of filing a motion to 

quash or to limit the Subpoena. 

6. Undersigned counsel represents that he has conferred with the FTC's counsel and 

that the FTC's counsel does not object to the proposed extension. 

Dated: March 28, 2012 Respectfully submitted, 

BY~~~ AbDott 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) 637~220l 

Attorneys/or Mueller Water Products, Inc. 
-----

UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of PUBLIC 

McWANE, INC., 

a corporation, and 

DOCKET NO. 9351 

STAR PIPE PRODUCTS, LTD., 

a limited partnership. 

[PROPOSED] ORDER GRANTING UNOPPOSED MOTION OF NON-PARTY 

MUELLER WATER'PRODUCTS, INC. FOR EXTENSION OF TIME 

On March 28,2012, non-party Mueller Water Products, Inc. ("Mueller") filed an 

unopposed motion to extend the time for Mueller to file amotion to quash or limit a Subpoena 

Duces Tecum (the "Subpoena") served on it on or about March 15,2012 by the Federal Trade 

Commission ("FTC"), with a response date of April 4, 2012. 

In support of its motion, Mueller states that the parties are engaged in negotiations 

regarding the scope ofthe Subpoena, its objections, arid the time required for Mueller to produce 

its documents, and in a rolling production of responsive materials. Mueller further states that the 

FTC does not oppose an extension through the earlier of April 27, 2012 or five (5) calendar days 

from the date on which Mueller or the FTC's counsel notifi~s the other via email that the 

negotiations have broken down in order to afford Mueller's counsel sufficient time to continue 

negotiating with FTC's counsel on reasonable limitations and modifications ofthe FTC's 

specifications and producing responsive materials on a rolling basis, to reduce the burden on 

Mueller of responding, thereby potentially avoiding the necessity of filing a motion to quash or 

limit the Subpoena. 

Accordingly, based on the foregoing, the Unopposed Motion is GRANTED. It is hereby 

ORDERED that the deadline for non-party Mueller to file any motion to limit or quash the 

Subpoena shall be the earlier of April 27, 2012 or five (5) calendar days from the date on which 

Mueller or the FTC's counsel notifies the other via email that the negotiations have broken 

down. 

ORDERED: 

D. Michael Chappell 

Administrative Law Judge 

Date: 
UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


In the Matter of PUBLIC 

McWANE, INC., 

a corporation, and 

DOCKET NO. 9351 

STAR PIPE PRODUCTS, LTD., 

a limited partnership. 

PROOF OF SERVICE OF PUBLIC FILING AND CERTIFICATION 

-j 

I, Michael L. Hitsky, hereby certify that on this 28th day of March, 2012, I caused a copy 

of the documents listed below to be served by hand on each ofthe 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 

Cibalbach@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); Gregory 

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

Williams iliicole.Williams@tklaw.com); and Brian Stoltz (Brian.Stoltz@tklaw.com): 

(1) 	Unopposed Motion for Extension of Time for Mueller Water Products, Inc. to File 

Motion to Quash or to Limit the Federal Trade Commission's Subpoena Duces 

Tecum; 

(2) [Proposed] Order Regarding Mueller Water Products, Inc.'s Deadline to File Motion 

to Quash or to Limit the Federal Trade Commission's Subpoena Duces Tecum; 

(3) This Proof of Service. 
I also certify that on this 28th day of March, 2012, I caused to be served one copy via first 

class mail delivery ofthe foregoing documents upon: 

Thomas Brock 

U.S. Federal Trade Commission 

600 Pennsylvania Ave., NW 

Washington, DC 20580 

Joseph A. Ostoyich 

Baker Botts LLP 

1299 Pennsylvania Ave., NW 

Washington, DC 20004 

Gregory S.C. Huffman 

Thompson and Knight LLP 

1722 Routh Street, Suite 1500 

Dallas, TX 75201 

March 28,2012 By: .~.cW'f~ Michael L. Hitsky 

LATHAM & WATKINS LLP 

555 Eleventh Street NW, Suite 1000 

Washington D.C., 20009 

Tel: (202) 637-2200 

michael.hitsky@lw.com 

Counsel for Mueller Water Products, Inc.