02 27 2012

N 

02 27 2012 

UNITED STATES OF AMERICA 

BEFORE THE FEDERAL TRADE COMMISSION

OFFICE OF ADMINISTRATIVE LAW JUDGES

 ) 

In the Matter of ) 

) 

McWANE, INC., ) PUBLIC 

a corporation, ) 

) 

and ) Docket No. 9351 

) 

STAR PIPE PRODUCTS, ) 

a limited partnership. ) 

)

 )

 ) 

COMPLAINT COUNSEL’S MOTION FOR IN CAMERA TREATMENT OF
 

RESPONSES TO RESPONDENT McWANE’S FIRST SET OF REQUESTS FOR 


ADMISSION
 

Complaint Counsel move the Court for provisional in camera treatment, under Rules 

3.45(g) and 4.2(c)(2), of our Responses to Respondent McWane’s First Set of Requests for 

Admissions. The grounds for this motion are that the requests may contain confidential business 

information of respondent McWane. 

The Part 3 Rules treat requests for admissions differently than other written discovery 

requests. Rule 3.32(a) requires a party to file its requests for admissions with the Secretary and, 

consistent with Rule 4.2(c)(2), to indicate which requests, if any, may contain information that 

the party considers confidential. Here, McWane did not file its requests for admissions with the 

Secretary. We are uncertain whether McWane’s requests – including some that quote directly 

from business documents that McWane labeled “confidential” when it produced them – contain 

information that warrants in camera treatment. Therefore, provisional in camera treatment of 

these requests and our responses is appropriate until we can consult with McWane to determine 

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whether and what portions of their requests and our responses, if any, should be redacted in the 

public version. 

We will consult with McWane on this issue and promptly file a public version of our 

Responses to Respondent McWane’s First Set of Requests for Admission. 

Dated: February 27, 2012 Respectfully submitted, 

 s/ Thomas H. Brock 

Edward Hassi, Esq. 

Geoffrey M. Green, Esq. 

Linda Holleran, Esq. 

Thomas H. Brock, Esq. 

Michael J. Bloom, Esq. 

Jeanine K. Balbach, Esq. 

J. Alexander Ansaldo, Esq. 

Andrew K. Mann, Esq.

 Monica M. Castillo, Esq. 

Counsel Supporting the Complaint 

 Bureau of Competition

 Federal Trade Commission

 Washington, DC 20580 

 Telephone: (202) 326-2470 

 Facsimile: (202) 326-3496 

 Electronic Mail: ehassi@ftc.gov 

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UNITED STATES OF AMERICA 


BEFORE THE FEDERAL TRADE COMMISSION 


OFFICE OF ADMINISTRATIVE LAW JUDGES


 ) 

In the Matter of ) 

) 

McWANE, INC., ) 

a corporation, ) 

) 

and ) Docket No. 9351 

) 

STAR PIPE PRODUCTS, ) 

a limited partnership. ) 

)

 )

 ) 

[PROPOSED] ORDER GRANTING COMPLAINT COUNSEL’S MOTION FOR IN 

CAMERA TREATMENT 

Upon consideration of Complaint Counsel’s Motion for In Camera Treatment of 

Responses to Respondent’s McWane’s First Set of Requests For Admission it is hereby 

ORDERED, that Complaint Counsel’s Motion for In Camera Treatment of Responses to 

Respondent’s McWane’s First Set of Requests For Admission is granted, and it is hereby 

ORDERED, that Complaint Counsel shall file a Public version of their Objections and 

Responses to Respondent McWane’s First Set of Requests for Admission on or before March 6, 

2012. 

ORDERED: _____________________________ 

 D. Michael Chappell

 Chief Administrative Law Judge 

Dated: ___________________ 

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CERTIFICATE OF SERVICE 

I certify that I filed via hand and electronic delivery an original and two copies of the 

foregoing document with: 

 Donald S. Clark 

Secretary

 Federal Trade Commission 

 600 Pennsylvania Ave., NW, Rm. H-113 

 Washington, DC 20580 

I also certify that I delivered via electronic and hand delivery a copy of the foregoing 

document to: 

 The Honorable D. Michael Chappell 

 Administrative Law Judge 

 Federal Trade Commission 

 600 Pennsylvania Ave., NW, Rm. H-110 

 Washington, DC 20580 

I further certify that I delivered via electronic mail a copy of the foregoing document to: 

Joseph A. Ostoyich 

Andreas Stargard 

William C. Lavery 

Baker Botts L.L.P. 

The Warner 

1299 Pennsylvania Ave., N.W. 

Washington, D.C. 20004 

(202) 639-7700 

joseph.ostoyich@bakerbotts.com 

andreas.stargard@bakerbotts.com 

william.lavery@bakerbotts.com 

J. Alan Truitt 

Thomas W. Thagard III 

Maynard Cooper and Gale PC 

1901 Sixth Avenue North 

2400 Regions Harbert Plaza 

Birmingham, AL 35203 

(205) 254-1000 

atruitt@maynardcooper.com 

tthagard@maynardcooper.com 

Counsel for Respondent McWane, Inc. 

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Gregory S.C. Huffman 

William Katz 

Nicole Williams 

Brian Stoltz 

Thompson and Knight LLP 

One Arts Plaza 

1722 Routh Street, Suite 1500 

Dallas, TX 75201 

(214) 969-1700 

Gregory.Huffman @tklaw.com 

William.Katz@tklaw.com 

Nicole.Williams@tklaw.com 

Brian.Stoltz@tklaw.com 

Counsel for Respondent Star Pipe Products, Ltd. 

February 27, 2012 By: s/ Thomas H. Brock 

 Thomas H. Brock

 Attorney 

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