UNITED STATES OF AMERICA 


FEDERAL TRADE COMMISSION 
 ORIGINAL 

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 GRANTING COMPLAINT COUNSEL'S MOTION FOR 

IN CAMERA TREATMENT OF TELEPHONE RECORDS 

I. 

Pursuant to Rule 3.45(b) ofthe Commission's Rules ofPractice, Complaint Counsel filed 

a supplemental Unopposed Motion for In Camera Treatment of Telephone Records ("Motion") 

on December 13,2012. As set forth below, Complaint Counsel's Motion is GRANTED. 

II. 

In response to subpoenas duces tecum issued by Complaint Counsel, Verizon Legal 

Compliance and Verizon Wireless (collectively, "Verizon") submitted phone records of certain 

employees ofRespondent McWane, Inc. ("McWane") and non-party Sigma Corporation 

("Sigma") (collectively, "Phone Records"). The Phone Records were admitted into evidence 

pursuant to the parties' Joint Stipulation on Admissibility ofParty Exhibits (JX 0002-A). 

By previous motion dated September 17, 2012, Complaint Counsel sought in camera 

treatment for Phone Records that were used with witnesses at trial. That motion was granted on 

September 17,2012. (Order Granting Motion for In Camera Treatment ofWitness Telephone 

Records). Through the instant motion, Complaint Counsel seeks in camera treatment for Phone 

Records which had not been used with any witness at trial, but which were nevertheless admitted 

into evidence pursuant to JX 0002-A. Specifically, Complaint Counsel seeks in camera 

treatment for CX 1619, which contains call records for Vince Napoli, and CX 1622, which 

contains call records for Leon McCullough, both ofMcWane, as well as for CX 1620, which 

contains call records for Greg Fox, and CX 1623, which contains call records for Siddarth 

Bhattacharji, both of Sigma. 
Rule 3.45(b) ofthe Commission's Rules ofPractice sets forth that a party may obtain in 

camera treatment for material offered into evidence only by motion to the Administrative Law 

Judge and that the Administrative Law Judge shall order that such material be placed in camera 

after finding that the material constitutes sensitive personal information. 16 C.F.R. § 3.45(b). 

Under the Commission's Rules, "sensitive personal information" includes, but is not limited to, 

an individual's Social Security number, taxpayer identification number, financial account 

number, credit card or debit card number, driver's license number, state-issued identification 

number, passport number, date ofbirth (other than year), and any sensitive health information 

identifiable by individual, such as an individual's medical records. 16 C.F.R. § 3.45(b). 

Pursuant to Rule 3 .45(b), subpoenaed telephone records identified by the individual constitute 

"sensitive personal information." "[S]ensitive personal information ... shall be accorded 

permanent in camera treatment unless disclosure or an expiration date is required or provided by 

law." 16 C.F.R. § 3.45(b). 

III. 

After reviewing Complaint Counsel's Unopposed Motion for In Camera Treatment of 

Telephone Records, it is ordered that permanent in camera treatment is hereby GRANTED for 

the following documents: CX1619, CX1620, CX1622, and CX1623. 

Although the record in this case was closed by Order dated November 7,2012, pursuant 

to Commission Rule 3.44(b), corrections to the record may still be made, ifnecessary. Pursuant 

to this Order, the court reporter is instructed to remove these exhibits from the public record and 

treat them as in camera exhibits. 

ORDERED: 

Date: December 14, 2012 

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