UNITED STATES INTERNATIONAL TRADE COMMISSION
`Washington, D.C.
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`In the Matter of
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`CERTAIN AGRICULTURAL
`VEHICLES AND COMPONENTS
`THEREOF
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`Investigation No. 337-TA-487
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`Order No. 1 : Notice Of Ground Rules And Setting Dates For Discovery Statements
`And For Preliminarv Conference
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`By notice, which issued on February 7,2003, the Commission instituted an investigation,
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`pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, to determine
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`whether there is a violation of subsection (a)(l)(B) of section 337 in the importation into the
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`United States, the sale for importation into the United States, or the sale within the United States
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`after importation of certain agricultural vehicles or components thereof by reason of infringement
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`of US. Registered Trademark No. 1,254,339, 1,502,103, 1,503,576, or 91,860, and whether an
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`industry in the United States exists as required by subsection (a)(2) of section 337; and whether
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`there is a violation of subsection (a)(l)(A) of section 337 in the importation into the United
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`States, the sale for importation, or the sale within the United States after importation of certain
`agricultural vehicles or components thereof by reason of dilution of US. Registered Trademark
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`No. 1,254,339, 1,502,103, or 1,503,576, the threat or effect of which is to destroy or substantially
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`injure an industry in the United States.
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`The complaint was filed with the US. International Trade Commission on January 8,
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`2003, under section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. $1337, on behalf of
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`Deere & Company of Moline, Illinois. Letters supplementing the complaint were filed on
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`January 27 and 28,2003.
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`The following were named in the notice as respondents and were served with the
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`complaint:
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`Jingsa Yueda Co. Ltd.
`71 Renmin Road Central
`Yangcheng City
`Jiangsu Province
`China 224002
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`Dongfeng Agricultural Machinery Group
`No. 10 Xinye Road
`Changzhou
`Jiangsu Province
`China 213012
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`Jiangling Tractors Co.
`509 Northern Yingbing Avenue
`Nanchang City
`Jaingxi Province
`China 330001
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`Agra-Infocentrum-Benelux
`Postbus 49
`5 1 10 AA Baarle-Nassau
`The Netherlands
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`Agrideal
`Chemin des Perrines
`3550 Vitre
`France
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`Erntetechnik Franz Becker
`Naendorf 6
`Metelen 48629
`Germany
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`Agracat, Incorporated
`57 E. Main Street
`Farmington, Arkansas 72730
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`Bolton Power Equipment
`39 Whitcomb Road
`Bolton, MA 0 1740
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`Bourdeau Bros., Incorporated
`590 Mason Road
`Champlain, NY 1291 9-4855
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`China America Imports
`33898 Adler Lane
`Creswell,, OR 97426
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`CO-AG LLC
`894 County Road
`Theresa, WI 53091
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`Crossroads Technologies International
`815 Bedford Street
`Chesapeake, VA 23322
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`Dale Ilgen Enterprises
`W. 6897 Firelane 4
`Menasha, WI 54952
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`Davey-Joans Tractor and Chopper Supermarket
`980 SR 13 Box 173
`Williamstown, NY 13493
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`Fitzpatrick Farms
`12210 Stone Road
`Fowler, MI 48835
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`J&T Farms
`370 Spring Grove Road
`Ephrata, PA 17522
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`Lenar Equipment, LLC
`3261 Northeast Alexander Lane
`Albany, OR 97321
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`OK Enterprises
`55617 Country Road 13
`Mountain Lake, MN 561 59
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`Pacific Avenue Equipment
`10 15 Pacific Avenue
`Yakima, WA 98901
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`SamTrac Tractor and Equipment
`3 199 Plummers Lane, No. 13
`Chico, CA 95973
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`Stanley Farms
`3821 County Hwy H
`Stanley, WI 54768
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`Sunova Implement Company
`196679 1 9th Line RR # 1
`Lakeside, Ontario
`Canada NOM 2G0
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`Task Master Equipment LLC/Tractors Etc.
`83969 N. Pacific Highway 99
`Creswell, OR 97426
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`Workhorse Tractors
`366126 N. 27'h Avenue
`Phoenix, AZ 85806
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`A response to the complaint and the notice of investigation must be submitted by the
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`named respondents, in accordance with Commission rule 2 10.13. Also, pursuant to Commission
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`rules 20 l.l6(d) and 2 10.1 3(a), such responses will be considered by the Commission if received
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`not later than 20 days after the date of service of the complaint and the notice of investigation.
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`Any extensions of time for submitting said responses will not be granted unless good cause
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`therefor is shown.
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`Ground Rules and Discoverv
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`The attached ground rules supplement the Commission rules, which with the ground rules,
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`govern the investigation. The attached ground rules are in effect upon the issuance of this order.
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`The ground rules of this administrative law judge not only have changed from
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`investigation to investigation but, due to situations that have arisen, their number has increased.
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`Counsel are urged to review the ground rules and comment on them with respect to any proposed
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`changes as is felt necessary.
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`The parties should commence discovery at an early date. See Commission rules 21 0.27
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`through 210.34. To facilitate discovery, Order No. 2 (the protective order) which relates to the
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`treatment of confidential business information, is being issued simultaneously with Order No. 1.
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`With respect to amendments to the complaint and notice of investigation, reference is made to
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`ground rule 1. Attention of the parties is also directed to ground rule 3, which requires that all
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`motions, including motions related to discovery, include express verification that the party filing
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`the motion has made reasonable, good faith efforts to contact and resolve the matter with
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`opposing parties and, if known, to state the position of the other parties on any motion.
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`Moreover, ground rule 3 also requires inter alia that prior to filing any written motion related to
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`discovery, the party intending to file such a motion shall meet and confer with opposing counsel
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`and make a reasonable, good-faith effort to resolve the matter with the opposing parties and if no
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`resolution is reached among the parties, the party intending to file a motion shall contact the
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`attorney advisor, as well as the other parties, to schedule a telephone conference with the
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`administrative law judge to attempt to resolve the discovery dispute and that the party initiating
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`the telephone conference should arrange to have the conference transcribed and copies of the
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`transcript should be made available to the administrative law judge and all parties. Ground rule
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`22 stresses the responsibility of each of the parties and its counsel to cooperate due to time limits.
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`Ground rule 24 orders that there should be no ex parte contacts with the administrative law
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`judge. Attention of the parties is further directed to ground rule 10.
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`Discovery Statement
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`On or before March 10,2003, each party shall have in the hands of the administrative law
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`judge and the other parties a discovery statement which should state the following:
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`1. The proposed issues to be litigated within the framework of the general issues set out in
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`paragraph one of this order;
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`2. A general description of information and evidence that each party intends to submit to
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`prove its own case;
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`3. A general description of information and evidence that each party will be seeking from
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`others;
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`4. A description of information and evidence each party believes can be obtained only by
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`deposition, interrogatory, subpoena or request for admissions;
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`5. Status of any settlement discussions;
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`6. Status of any litigation that may affect any issue in this investigation;
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`7. Proposal for modification of, or addition to, the ground rules attached to this order and
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`which are in effect, pursuant to this order, for this investigation;
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`8. Proposal for any modifications of the protective order (Order No. 2) now in effect for
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`this investigation; and
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`9.
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`Position as to target date.
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`Two copies of the discovery statement shall be supplied to the administrative law judge
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`and one copy shall be supplied to each of the other parties to this investigation. No copy should
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`be filed with the Commission.
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`Preliminary Conference
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`The parties are put on notice that a preliminary conference will be held on March 13,2003
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`commencing at 1 :45 pm in Hearing Room B (Room 1 1 1). The purpose of the preliminary
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`conference is to have the opportunity (1) to question the parties with respect to issues raised by
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`the complaint, and any responses to the complaint, (2) to hear any issues the parties may have
`raised with respect to the discovery statements, s, ground rules and protective order, and (3) to
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`hear possible arguments on any other issue that may have surfaced.
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`Should the parties have any questions, they should contact Michael Maas (Tel. No. 202-
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`205-2694), who is attorney advisor to the undersigned.
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`Paul J. Luckefh
`Administrative Law Judge
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`Issued: February 11,2003
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`GROUND RULES FOR SECTION 337 INVESTIGATION
`The ground rules. which supplement the Commission rules. ' are designed to aid the administrative law
`judge in the orderly conduct of the investigation pursuant to the Administrative Procedure Act .
`5 U.S.C.
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`Table of Contents
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`25 .
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`Amendments to Complaint and Notice ....................................................
`Responses to the Complaint and Notice of Investigation ......................................
`Motions ............................................................................
`Discoverv ...........................................................................
`Privileged Matter .....................................................................
`Subpoenas ..........................................................................
`Filing and Service of Documents and Copy Reauirements .....................................
`Proposed Procedural Schedule .........................................................
`Pre-Hearingstatement ................................................................
`Evidence ..........................................................................
`NoticeofArt .......................................................................
`Exhibits ...........................................................................
`(i) In Camera Treatment of Confidential Information: ......................................
`(ii) Formal Recluirements for Exhibits: ...................................................
`(iii) Obiections and Admissibilitv .......................................................
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`(iv) Final Post-Hearing Exhibit List and Maintenance of Commission Exhibits
`Depositions ........................................................................
`ExaminationofWitnesses .............................................................
`Settlement .........................................................................
`Briefs .............................................................................
`DevelopmentofIssues ................................................................
`Proposed Findings of Fact .............................................................
`...........................................................................
`Hearing
`Obtaining HearinP Transcript ..........................................................
`Use of Translators for the Hearing ......................................................
`Cooperation ........................................................................
`TelephoneConferences ...............................................................
`Ex-ParteContacts ....................................................................
`Address of Administrative Law Judge ....................................................
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`10
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`12
`15
`16
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`17
`18
`19
`20
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`22
`22
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`27
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`See 19 C.F.R. 5 200 et . seq . (April 1. 1995). 60 Fed . Reg . 32442 (June 22. 1995). 60 Fed . Reg . 53 117 (October
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`12,995)
`* Ground rules 3(iv). 4(ii). (iii) and (vi) and 7(vii) apply exclusively to aspects of an investigation involving a
`pending motion for temporary relief . Otherwise gJ the ground rules apply to the investigation. whether or not it
`involves a motion for temporary relief. to the extent that they are not inconsistent with the ground rules listed in the
`preceding sentence .
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`1.
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`Amendments to Comdaint and Notice
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`(i) Amendment of the complaint and notice of investigation is governed by Commission rules 2 10.14 and
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`210.15(a)(2), and should be considered at an early stage of the investigation. Any party proposing such an
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`amendment within sixty days of the date set for discovery cut-off has a heavy burden in establishing why such
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`amendment was not sought at an earlier date.
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`(ii) Amendment to a motion for temporary relief is governed by Commission rule 210.57. That rule states that
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`motions for temporary relief may not be amended to expand the scope of the temporary relief inquiry after an
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`investigation is instituted.
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`2.
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`Responses to the Complaint and Notice of Investigation
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`(i) Commission rule 2 10.13(b) requires inclusion of certain available statistical data in a response to the complaint
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`and notice of investigation. The term "involved article," as used in Commission rule 210.13(b), includes products
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`of the respondents which have been alleged in the complaint and notice of investigation to involve an unfair act.
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`Where a respondent has imported into, exported to, or sold such products for export to the United States, or sold
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`such products in the United States, that respondent shall provide this information, if available, even if the
`respondent denies committing the unfair acts alleged h, infringement). Non-manufacturer respondents shall state
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`the production capacity, to the extent known, of its suppliers and name those suppliers of the imported article.
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`(ii) Attention is particularly directed to Commission rule 210.13(b) and 210.4(c), respectively requiring that
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`affirmative defenses be pleaded with as much specificity as possible and that a pleader have a factual basis for its
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`pleadings. Responses may be amended pursuant to Commission rule 210.14(b)(2).
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`(iii) Commission rule 210.59 governs responses to a motion for temporary relief.
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`3.
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`Motions
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`(i) All written motions shall be filed with the Office of the Secretary and shall be in two parts: (1) the motion, and
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`(2) a separate memorandum of points and authorities. The time to respond to all motions, with the exception of any
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`motion for summary determination or any motion for termination as to any issue or party, is six (6) business days
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`after receipt of the motion in the Office of the Secretary unless otherwise ordered by the administrative law judge.
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`The time to respond to any motion for summary determination or any motion for termination as to any issue or party
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`is ten (1 0) calendar days after receipt of the motion in the Office of the Secretary, unless otherwise ordered by the
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`administrative law judge. It is emphasized that the filing of any motion will not stop discovery or suspend an
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`investigation. A reply to responses and sur-replies shall only be allowed if the replying party moves for (with the
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`reply attached thereto), and is granted, leave to file such a reply.
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`(ii) All motions must include certification that the movant has made reasonable, good-faith efforts to contact and
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`resolve the matter with opposing parties and shall state, if known, the position of the other parties on such motion.
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`'
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`(iii) Prior to filing any written motion related to discovery, the party intending to file such a motion shall meet and
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`confer with opposing counsel and make a reasonable, good-faith effort to resolve the matter with the opposing
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`parties. If no resolution is reached among the parties, the party intending to file a motion shall contact the attorney
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`advisor, as well as the other parties, to schedule a telephone conference with the administrative law judge to attempt
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`to resolve the discovery dispute. The party initiating the telephone conference should arrange to have the
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`conference transcribed and copies of the transcript should be made available to the administrative law judge and all
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`parties. In the event a written motion is filed, copies of the relevant discovery requests and any responses thereto
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`should be attached to discovery-related motions, such as motions to compel.
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`(iv) All motions for summary judgment shall be accompanied by a separate statement of the material facts as to
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`which the movant contends there is no genuine issue and which entitle the movant to judgment as a matter of law.
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`The statement shall consist of short numbered paragraphs with specific references to the affidavits or other
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`supporting materials submitted of record. Each party opposing such a motion for summary judgment shall append
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`to his opposition a statement, with specific references to supporting materials, responding separately to the
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`numbered paragraphs with which the party disagrees, together with similarly numbered and referenced paragraphs
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`of additional supported facts which the opposing party believes warrant denial of summary judgment. All material
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`facts set forth in the movant's statement may be deemed admitted unless so specifically controverted in the opposing
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`party's statement.
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`(v) In any investigation that involves a pending motion for temporary relief, any motion for summary judgement
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`must be filed within two weeks of institution of that investigation.
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`(vi) Commission rule 210. 15(d) provides that the administrative law judge may rule on a motion for an extension
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`time to respond to any motion on an ex parte basis. It is required that any party that desires an extension of time to
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`respond to any motion to move for said extension of time by written submission only, and prior to any deadline.
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`The administrative law judge will not entertain any oral motions for an extension of time. Furthermore, the movant
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`must include the position of all parties including the staff and including any conditional support. Moreover, in
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`addition to the movant stating the position of another party, that party independently must file a written motion if it
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`wants any extension of time. Also, a motion for extension of time will not be automatic. Time will not be extended
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`until there is an order by the administrative law judge.
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`4.
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`Discovery
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`(i) Responses to discovery requests are due ten (10) days after service thereof. With the exception of any aspect of
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`an investigation involving a motion for temporary relief, parties involved in discovery requests can agree to an
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`extension of time, not to exceed ten (10) days, for a response thereto without the need to seek or obtain consent
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`from the administrative law judge. As to any extension or rescheduling of any deposition, all parties entitled to
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`attend and participate should be notified promptly.
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`(ii) In any aspect of an investigation which involves a pending motion for temporary relief, responses to discovery
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`requests must be received by the party that served the requests within four (4) business days after receipt of the
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`discovery request by the responding party.3
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`(iii) In any aspect of an investigation involving a motion for temporary relief, parties involved in discovery requests
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`can obtain an extension for responding only by leave of the administrative law judge.
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`(iv) Discovery requests and responses shall, however, be served upon the party to whom they are addressed, upon
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`the Commission investigative staff attorney, and upon other parties who have appeared in this investigation, with
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`two copies served on the office of the administrative law judge (with the exception of documents produced).
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`(v) All documents produced in response to a document request shall be the original or true complete copies of
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`originals. If an English translation of any document produced exists, the English translation should be produced.
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`Note that ground rule 7(vii) provides that a party serving discovery requests must notify counsel for the other
`parties by telephone on the day the requests are served about the contents of the discovery requests and must
`arrange for the other parties to receive the requests on the next business day.
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`As feasible, groups of documents produced shall be segregated to correspond to applicable interrogatories
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`requesting their identification andor to correspond to applicable document production requests. When producing
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`documents in response to document requests of a party, the producing party shall serve notice on all the parties, who
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`have appeared in the investigation, of such production. With respect to the due date for a response to a document
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`request that contains privileged information, the party serving said response may have an additional four days after a
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`response is filed to serve a public version to a party not under the protective order. With respect to the inspection of
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`documents at the site of the producing party, the producing party shall make available to the inspecting party at least
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`one employee who is knowledgeable as to the general nature, volume and organization of the producing party's
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`documents and records and, when necessary, shall make a translator available, which translator will be paid in
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`accordance with an agreement to be reached between the parties.
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`(vi) In any aspect of an investigation involving a pending motion for temporary relief, parties shall make documents
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`available for inspection beyond normal working hours (including weekends and holidays)
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`the documents shall
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`be provided for inspection on or before the due date of responses to document requests.
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`(vii) All parties will be required to identify their witnesses who will testify at the hearing as experts, to state how
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`the experts are to be qualified and their area of expertise and to exchange their curriculum vitae so that discovery of
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`those experts who have been specially retained for testimony at the hearing may, if desired, be had during this
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`portion of the discovery period. The identities of the experts and their curriculum vitae shall be served on the other
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`parties and the administrative law judge but need not be filed with the Office of the Secretary. The precise time for
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`the identification of experts and exchange of curriculum vitae will be set forth in a procedural schedule issued by
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`the administrative law judge. In addition, all parties will be required to supply a tentative list of witnesses who will
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`testify at the hearing, with a brief indication of their relationship to the party, approximately three weeks prior to
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`close of discovery.
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`(viii) Parties will be required to submit before the discovery cut-off date expert reports for any expert who will
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`testify at the hearing.4 Said expert reports shall take into consideration Fed. R. Civ. P. 26(a)(2)(B). The party
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`Said expert report(s) should not be filed with the Office of the Secretary, however, two (2) courtesy copies should
`be served on the administrative law judge.
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`submitting said expert report shall have the opportunity to supplement at appropriate intervals the information
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`contained therein if the party learns that in some material respect the information disclosed in incomplete or
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`incorrect. If a party fails to disclose required information in an expert report, without substantial justification, said
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`expert may be precluded from testifying unless the failure was harmless.
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`Fed. R. Civ. P. 37(c)( 1). But see
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`Newel1 Puerto Rico, Ltd. v. Rubbermaid Inc., 20 F.3d 15,22 (1st Cir. 1994)("It is not unusual for experts to make
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`changes in their opinions and revise their analyses and reports frequently in preparation for, and sometimes even
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`during, a trial."). The date for submission of said expert reports will be set in the procedural schedule to be issued
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`by the administrative law judge.
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`(ix) Any survey or polling evidence to be relied on at the hearing shall be made available for discovery production,
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`upon prior proper discovery request therefor, no later than the date established for the identification of expert
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`witnesses, or as otherwise ordered upon motion.
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`(x) The parties are put on notice that excessive use of interrogatories can constitute overly burdensome and
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`improper discovery. A protective order may be sought by motion under Commission rule 21 0.34 to remedy such
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`excess.
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`(xi) A document not received before 6:30 p.m. (EST) by a counsel for a party, including the staff, shall be
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`considered to have been received on the next business day. If a document is to be received between 5: 15 p.m. and
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`6:30 p.m. (EST), counsel serving said document shall notify the recipient about the estimated arrival time.
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`(xii) In any aspect of an investigation involving a motion for temporary relief, the administrative law judge will set
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`a date for identification of any witnesses for a hearing on the motion.
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`5.
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`Privileged Matter
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`(i) During the course of discovery, the following procedure, similar to what is set forth in Dudan v. Deerinp;
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`Millikin Inc., 184 U.S.P.Q. 775 (D.S.C. 1975), should be followed with respect to those documents for which
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`counsel claims attomey-client andor work product privilege.
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`(a) When there is no objection to production of a document other than that the document is subject to a
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`claim of privilege, each document so withheld should be separately identified in a privileged document list, by the
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`party claiming the privilege, which privileged document list shall be provided to the requesting party within ten (IO)
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`calendar days following the date of the production from which the privileged document have been withheld.
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`(b)
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`The privileged document list must identify each document separately, specifying for each
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`document at least the following: (1) the date that the document was created; (2) the sender(s); (3) the recipient(s),
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`including copy recipients; (4) the general subject matter of the document; and (5) the portion(s) of the document as
`to which privilege is claimed b, one sentence, one paragraph, entire document, etc. The sender(s) and
`recipient(s) shall be identified by position and entity (corporation or f m , e&)
`with which they are employed or
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`associated. If the sender or recipient is an attorney or foreign patent agent, he or she should be so identified. In the
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`case of a foreign patent agent, there should be a statement of whether the laws of the agent's country grant
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`privileged status to a patent agent's communication. The type of privilege claimed must also be stated, together with
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`certification that all elements of the claimed privilege have been met and not waived with respect to each document.
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`(ii) A party seeking production of allegedly privileged documents should file an appropriate motion with the
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`administrative law judge, but only after examining the privileged document list.
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`6.
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`Subpoenas
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`(i) Pursuant to Commission rule 210.32, application for subpoena may be made ex parte to the administrative law
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`judge. The application shall be in writing with the proposed subpoena attached, and two copies thereof submitted to
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`the office of the administrative law judge. The application shall set forth with specificity the relevancy of the
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`information sought and the reasonableness of the scope of the inquiry. In addition the subpoena should set forth a
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`time limit for a motion to quash and should also state that the subpoena will be served by overnight delivery, if not
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`sooner. A copy of the issued subpoena and the application shall be served by the applicant upon the subpoenaed
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`party and all other parties to the investigation on the same day the subpoena is issued, and all parties including the
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`subpoenaed party shall be notified on that day about the contents of the subpoena.
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`(ii) Subpoenas should be used only to compel third parties to testify or produce documents, although, where there is
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`reason to believe that another party may not appear for a deposition, or there exists similar circumstances,
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`subpoenas may be issued to parties to the investigation.
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`(iii) Should enforcement of a subpoena be necessary, a request for enforcement should be addressed initially to the
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`administrative law judge by motion for his certification. Upon favorable consideration by the administrative law
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`judge, the request will be certified to the Commission for consideration.
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`(iv) Subpoenas procured by a party for the hearing testimony of third-party non-retained witnesses should be
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`procured for a time that minimizes delay to said witnesses.
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`(v) Filing of any motion to quash an issued subpoena automatically stays such subpoena pending disposition of the
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`motion to quash by the administrative law judge.
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`7.
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`Filing and Service of Documents and CODV Requirements
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`(i) While the investigation is before the administrative law judge, all documents filed with the Secretary must
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`include one (1) original and six (6) copies pursuant to Commission rule 210.4(0(2).
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`(ii) Copies of the papers served on the Secretary shall be served on all other parties, including the Commission
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`investigative attorney, and
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`courtesy copies shall be served concurrently on the administrative law judge at his
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`office. In addition, any party submitting a motion or any response to a motion that is five (5) pages or more in
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`length (exclusive of any service list), as well as post hearing submissions, shall serve on the administrative law
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`judge an electronic copy of said document in Wordperfect 8 format no later than the next business day.
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`(iii) Service of any document on the administrative law judge by facsimile transmission is strongly disfavored. No
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`party may serve any paper on the administrative law judge by facsimile unless the party has first contacted the office
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`of the administrative law judge and has received permission to serve the paper on the administrative law judge by
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`facsimile, explaining why service of the paper by mail, overnight courier, or hand delivery is not feasible, and
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`informing the office of the administrative law judge of the number of pages to be transmitted, the exact time the
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`transmission will take place, and whether the document to be transmitted contains any confidential business
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`information. Service of any paper on the administrative law judge by facsimile must be followed by service on the
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`administrative law judge of a hard copy of the paper within three (3) business days.
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`(iv) Service on opposing counsel may be by hand, by facsimile or by overnight courier. However see ground rule
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`7(viii). Unless otherwise agreed by counsel, service of documents of no more than fifteen (1 5) pages in length
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`(exclusive of any service list) shall be effected by facsimile transmission or by hand delivery and documents
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`consisting of more than fifteen (1 5) pages shall be served by overnight courier or by hand. Any foreign respondent
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`who is not represented by counsel may be served by first class mail. Motions served by facsimile shall be served no
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`8
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`later 6:30 pm (EST) on the day said motion is filed with the Office of the Secretary. Motions served by overnight
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`courier shall be received by the other parties no later than the close of business on the day following the day on
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`which said motion is filed. Where documents are served on the Office of the Secretary by hand, said documents
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`shall also be served on local counsel by hand the same day. Where service is by facsimile, the serving party must
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`notify the other parties so served. The six (6) business days for responding to a motion received by the
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`administrative law judge, pursuant to ground rule 3(i), shall apply whether a motion is hand delivered, faxed or
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`served by overnight courier on the other parties.
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`(v) Any documents containing confidential business information should be prominently marked on their face with
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`the legend "confidential business information," "in camera," or equivalent wording. Documents filed with
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`confidential attachments should similarly contain a label on the face of the document indicating that there are
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`confidential attachments. A party who mistakenly files a document without a confidential designation thereon
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`should immediately contact the Office of the Secretary and the attorney-advisor; otherwise, the document will be
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`placed on the public record and its confidential status may be lost. Filing of non-confidential versions of discovery
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`related motions that contain confidential business information is not required. With respect to items (A), (B), and
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`(C) of Commission rule 210.4(f)(3)(ii) and any post-hearing brief "and 4 other posthearing submissions"