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BEFORE THE FEDERA TRADE COMMISSION
 

UNITED STATES OF AMERICA \ 539l3S- /1 ~~ 

In the Matter of CASE NO. 9327 

Polypore International, Inc.
 

a corporation. PUBLIC DOCUMENT
 

TIDRD PARTY ENTEK INTERNATIONAL LLC'S
 

MOTION TO QUASH THE SUBPOENAS AD TESTIFICANDUM
 

ISSUED TO GRAEME FRASER-BELL AND ROBERT KEITH
 

PURSUANT TO 16 C.F.R § 3.34(c)
 

Pursuant to 16 C.F.R. §3.34(c), third party ENTEK International LLC 

("ENTEK") moves for an Order quashing the subpoenas ad testifcandum issued to Graeme 

Fraser-Bell and Robert Keith ("Fraser-Bell Subpoena" and "Keith Subpoena" respectively) and 

served on ENTEK by Polypore International, Inc. ("Polypore") on December 30, 2008. The 

Fraser-Bell Subpoena is invalid because of defective process and defective service. The Keith 

Subpoena, issued to ENTEK's President and Chief 
 Executive Officer, must be quashed because 

it is overbroad, unduly burdensome and seeks duplicative testimony from the highest raning 

ENTEK offcer who has no unique knowledge of the facts and circumstaces relevant to this 

case. The information sought from both Mr. Fraser-Bell and Mr. Keith is obtainable from other 

sources that are more convenient, less burdensome and less expensive. 

In support of this motion, ENTEK refers the Cour to, and incorporates herein, the 

contemporaneously- fied memorandum. 
Dated: Januar 9, 2009 Respectfully submitted, 

BY..~ O~II~JS
 

Darus Ogloza (/ 

of. Kaiser*
 

LATHAM & WATKINS LLP 

505 Montgomery Street, Suite 2000 

San Francisco, Californa 94111-6538 

Telephone: +1.415.391.0600 

Facsimile: + 1.415.395.8095 

hano.kaiser(ßlw.com 

darus.ogloza(ßlw.com 

* Admitted in New York only. Not aditted in
 

California. 

Attorneys for ENTEK International LLe 

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--

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION 

In the Matter of CASE NO. 9327 

Polypore International, Inc. 

a corporation. PUBLIC DOCUMENT 

CERTIFICATE OF SERVICE 

flfi;~ -. 

Í! .,':i

~.¡~

~ 
CERTIFICATE OF SERVICE
 

I am employed in the County of San Francisco, State of California. I am over the 

age of 18 years and not a part to this action. My business address is Latham & Watkins LLP, 

505 Montgomery Street, Suite 2000, San Francisco, CA 94111-6538. 

On January 9, 2009, I served the following documents described as: 

· THIRD PARTY ENTEK INTERNATIONAL LLC'S MOTION TO QUASH
 

THE SUBPOENAS AD TESTIFICANDUM ISSUED TO GRAEME 

FRASER-BELL AND ROBERT KEITH PURSUANT TO 16 C.F.R § 3.34(c) 

· THIRD PARTY ENTEK INTERNATIONAL LLC'S MEMORANDUM IN 

SUPPORT OF MOTION TO QUASH THE SUBPOENAS AD 

TESTIFICANDUM ISSUED TO GRAEME FRASER-BELL AND ROBERT 

KEITH PURSUANT TO 16 C.F.R § 3.34(c) 

· DECLARATION OF JOEL KUNTZ IN SUPPORT OF ENTEK 

INTERNATIONAL LLC'S MOTION TO QUASH THE SUBPOENAS AD 

TESTIFICANDUM ISSUED TO GRAEME FRASER-BELL AND ROBERT 

KEITH PURSUANT TO 16 C.F.R § 3.34(c) 

· DECLARATION OF GRAEME FRASER-BELL IN SUPPORT OF ENTEK 

INTERNATIONAL LLC'S MOTION TO QUASH THE SUBPOENAS AD 

TESTIFICANDUM ISSUED TO GRAEME FRASER-BELL AND ROBERT 

KEITH PURSUANT TO 16 C.F.R § 3.34(c) 

· DECLARATION OF HANNO F. KAISER IN SUPPORT OF ENTEK 

INTERNATIONAL LLC'S MOTION TO QUASH THE SUBPOENAS AD 

TESTIFICANDUM ISSUED TO GRAEME FRASER-BELL AND ROBERT 

KEITH PURSUANT TO 16 C.F.R § 3.34(c) 

· PROPOSED ORDER
 

by serving a true copy of the above-described documents in the following maner: 

BY ELECTRONIC MAIL 

The above-described document was transmitted via electronic mail to the following part 

on January 9, 2009: 

Donald S. Clark, Secretary The Honorable D. Michael Chappell 

Offce of the Secretary Administrative Law Judge 

Federal Trade Commission Federal Trade Commission 

secretary~ftc.gov oalj~ftc.gov 

Robert Robertson, Esq. J. Steven Dahm, Esq. 

Federal Trade Commission Federal Trade Commission 

ITobertson~ftc.gov sdahm~ftc.gov 

2
 
BY ELECTRONIC MAIL
 

Wiliam L. Rikard, Jr. Eric D. Welsh 

Parker Poe Adams & Bernstein LLP Parker Poe Adams & Bernstein LLP 

williamrikard~parkerpoe.com ericwelsh~parkerpe.com 

The part on whom this electronic mail has been served has agreed in writing to such 

form of service pursuant to agreement. 

BY U.S. MAIL 

I am familar with the offce practice of Latham & Watkins LLP for collecting and 

processing documents for mailng with the United States Postal Service. Under that practice, documents 

are deposited with the Latham & Watkins LLP personnel responsible for depositing documents with the 

United States Postal Service; such documents are delivered to the United States Postal Service on that 

same day in the ordinary course of business, with postage thereon fully prepaid. I deposited in Latham & 

Watkins LLP' interoffce mail a sealed envelope or package containing the above-described document 

and addressed as set forth below in accordance with the offce practice of Latham & Watkins LLP for 

collecting and processing documents for mailng with the United States Postal Service: 

Ro bert Robertson, Esq. J. Steven Dah, Esq. 

Federal Trade Commission Federal Trade Commission 

600 Pennsylvania Avenue, NW 600 Pennsylvania Avenue, NW 

Washington, DC 20580 Washington, DC 20580 

Wiliam L. Rikard, Jr. Eric D . Welsh 

Parker Poe Adams & Bernstein LLP Parker Poe Adams & Bernstein LLP 

Three Wachovia Center Three Wachovia Center 

401 South Tyson St., Suite 3000 401 South Tyson St., Suite 3000 

Charlotte, NC 28202 Charlotte, NC 28202 

I declare that I am employed in the office of a member of the Bar of, or permitted 

to practice before, this Cour at whose direction the service was made and declare under penalty 

of perjury under the laws of the State of California that the foregoing is true and correct. 

Executd on January 9,2009, at San Fra~ ?~iromiA- . .
 ( ~~l~ Beth A. Davis 

3