On March 1, 2013, ALJ Robert K. Rogers, Jr. issued Order No. 16 in Certain Integrated Circuit Chips and Products Containing The Same (Inv. No. 337-TA-859).
According to the Order, non-party Apple, Inc. (“Apple”) filed a motion to limit or quash the subpoenas duces tecum and ad testificandum issued by the U.S. International Trade Commission by way of Complainant Realtek Semiconductor Corporation (“RealTek”). The response to Apple’s motion to quash or limit the subpoenas was due on February 28, 2013. RealTek filed an opposition after the close of business on February 28, 2013. As a result, the opposition was not officially filed until March 1, 2013 and since RealTek did not request an extension of time pursuant to Ground Rule 1.8, the opposition was deemed untimely. Accordingly, ALJ Rogers quashed RealTek’s subpoenas.
ALJ Rogers included in the Order the following excerpt from the prehearing conference in this investigation where he warned the parties about Ground Rule 1.8 and timeliness:
Rule 1.8, talking about my ground rules, 1.8, any request for extension of time must be made by written motion no later than the day before the due date and good cause for the extension must be established. That means if you file something at 5:14 in the afternoon and realize that, A, something went wrong and it didn’t get filed or, B, the Secretary rejected it and you come in the next day and ask for an extension of time, you will not get it. That is not good cause. That’s you being late. What will happen then is whatever you have spent all that time and effort on won’t be reviewed by me, and it will be denied as late.