ORIGINAL
 

UNITED STATES OF AMERICA 

FEDERAL TRADE COMMISSION 

OFFICE OF ADMINISTRATIVE LAW JUDGES 

)
 In the Matter of
 ) 

)


McWANE, INC.,
 )


a corporation, and ) DOCKET NO. 9351
 

)

STAR PIPE PRODUCTS, LTD., )


a limited partnership,
 )


Respondents.
 ) 

) 

ORDER ON POST-TRIAL BRIEFS 

I. Post-trial briefing schedule
 

In accordance with Commission Rules 3.46 and 4.3 and, in accordance with the Order of 

November 9,2012 extending the time for post-hearing filings, the deadlines for post-trial briefs 

are as follows: 

December 14,2012	 Deadline for filing concurrent post-trial briefs, 

proposed findings of fact, and conclusions of law; and 

January 18,2013	 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-tral pleadings 

immediately after filing such pleadings. 

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

copies of all post-trial briefs and an electronic version of all post-trial briefs. The electronic 

version shall be in MS-Word (.doc) format. Electronic service on the OALJ shall be made to 

OALJ@ftc.gov. 

In the event that the parties prepare both an in camera version and a public version of any 

post-trial filings, the parties are not required to serve the OALJ with a hard copy of the public 

version of such filings. 
II. Mandatory rules for post-trial briefs 

The following requirements apply to post-trial briefs, proposed findings of fact, 

conclusions oflaw, post-trial reply briefs, and replies to proposed findings of fact and shall be 

followed: 

16 C.F.R. § 3.46 sets forth express requirements for proposed findings of fact and 

conclusions oflaw. In accordance with Rule 3.46(a), Complaint Counsel shall provide a
 

proposed order for relief, together with supporting facts and law, and Respondent shall 

specifically reply thereto.
 

16 C.F.R. § 3.45(e) sets forth express requirements for filing briefs that include 

information that has been granted in camera treatment. Parties shall 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, parties shall 

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 l$200,OOOl while 

Company B's price was l$300,OOOl. (PX 1000 atABC 200321, in 

camera). 

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

evidentiary record. All conclusions of 
 law, including, but not limited to, liability and the 

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

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

Complaint in this case. 

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 trth ofthe matter asserted. If
 

such testimony is cited, the party shall 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 evidence that was determined at trial to be "disregarded" or "not 

considered. "
 

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

withdrawn, or documents that have been rejected.! 

i 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), http://ww.fic.gov/ os/adjpro/d9300/
 

030612aljordrantrespmotostrike.pdf. 

2
 
Do not cite to demonstrative exhibits as substantive evidence. 

Do not cite to expert testimony in support of propositions that should be
 

established by fact witnesses or documents.
 

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.
 

When citing to trial testimony, the parties shall identify that testimony 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 citation following the 

statement of fact shall be in parentheses. An example of the format that shall be used is: 

more than one source is used for the same proposition, the format 

that shall be used is (Smith, Tr. 1098; Jones, Tr. 153). 

(Smith, Tr. 1098). If 


When citing to deposition testimony or testimony from an investigational hearing 

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 witness with the same last name. The citation 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)). 

When citing to deposition testimony or testimony from an investigational hearng 

transcript that was admitted in evidence, and the opposing party has an objection to the 

use of such testimony, the opposing party shall point out its objection to such excerpt in 

its reply to the proposed finding, or such objection shall be deemed waived. 

Do not use "Id." 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., ifRX 100 and PX 

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 argum,ents in the same order as the arguments were 

presented by the opposing party in its opening brief. 

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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. Jarrett Inc. 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 1740 Lake Needwood Drive, Suite 300, Arlington, VA, 22201. 

(CX 328 at 001253; CX 021 at 1003; Hanson, Tr. 6732). 

Response to Finding No. 39: 

Respondents have no specific response. 

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 shall be spiral bound. Velo binding shall not be used. 

III. Exhibits
 

The paries shall provide the OALJ with one set of exhibits in electronic format with each 

exhibit saved as a distinct document, and in OCR (searchable format) to the 
 extent possible. 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 paries shall provide this set of exhibits within five 

business days of this order. 

ORDERED: 

Date: November 13, 2012 

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