Federal Trade Commission v. D-Link Corporation et al
Filing
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Administrative Motion to File Under Seal filed by Federal Trade Commission. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Exhibit Redacted Complaint, # 4 Exhibit Unredacted Complaint, # 5 Certificate/Proof of Service)(Tully, Cathlin) (Filed on 1/5/2017)
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LAURA D. BERGER (FL Bar No. 11762)
Federal Trade Commission
901 Market Street, Suite 570
San Francisco, CA 94103
P: (202) 326-2471/F: (415) 848-5184
lberger@ftc.gov;
KEVIN H. MORIARTY (DC Bar No. 975904)
CATHLIN TULLY (NY Bar)
Federal Trade Commission
600 Pennsylvania Ave N.W.
Washington, DC 20580
P: (202) 326-3644/F: (202) 326-3062
kmoriarty@ftc.gov; ctully@ftc.gov
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Attorneys for Plaintiff Federal Trade Commission
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION
____________________________________
FEDERAL TRADE COMMISSION,
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Plaintiff,
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v.
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D-LINK CORPORATION
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and
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D-LINK SYSTEMS, INC.,
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corporations,
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Defendants.
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___________________________________ )
Case No. 3:17-cv-00039
FEDERAL TRADE COMMISSION’S
ADMINISTRATIVE MOTION TO FILE
UNDER SEAL PORTIONS OF
PLAINTIFF’S COMPLAINT
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FTC’S ADMIN. MOTION TO FILE UNDER SEAL PORTIONS OF PLAINTIFF’S COMPLAINT
CASE NO. 3:17-CV-00039
PAGE 1
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Plaintiff Federal Trade Commission (“FTC”) hereby moves the Court to issue an
administrative order that authorizes the filing under seal, pursuant to Civil Local Rules 7-11 and
79-5(d) and (e), of certain portions of Plaintiff’s Complaint.
The FTC’s complaint alleges facts in Paragraphs 10, 11, and 25 that the FTC obtained
during the course of its non-public investigation of D-Link Systems, Inc. (“DLS”). In providing
this information to the FTC, DLS designated this information as confidential pursuant to Section
21 of the FTC Act, 15 U.S.C. § 57b-2.
Local Rule 79-5 governs the filing of documents under seal in civil cases. Subsection (d)
of Local Rule 79-5 sets forth additional procedures that apply when a party seeks to file
“documents designated as confidential by the opposing party or a Non-Party pursuant to a
protective order” and provides as follows:
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If the Submitting Party is seeking to file under seal a document
designated as confidential by the opposing party or a non-party
pursuant to a protective order, or a document containing
information so designated by an opposing party or a non-party, the
Submitting Party's declaration in support of the Administrative
Motion to File Under Seal must identify the document or portions
thereof which contain the designated confidential material and
identify the party that has designated the material as confidential
(“the Designating Party”).
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Pursuant to subsection (e)(1) of Local Rule 79-5, the Designating Party then has four days to file
a declaration establishing that all of the designated material is “sealable” (as defined in Local
Rule 79-5(b)).
As “designating party,” DLS bears the burden of establishing that the information
identified in the specified paragraphs is “sealable.” The FTC takes no position as to whether this
information should remain under seal until such time as DLS provides its justifications for the
information to be maintained under seal. A declaration of FTC counsel and a proposed order
granting this motion will be filed concurrently with this motion.
For the reasons stated above, the FTC’s motion should be granted.
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FTC’S ADMIN. MOTION TO FILE UNDER SEAL PORTIONS OF PLAINTIFF’S COMPLAINT
CASE NO. 3:17-CV-00039
PAGE 2
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Respectfully Submitted
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Dated: January 5, 2017
/s/ Cathlin Tully___________
LAURA D. BERGER
KEVIN H. MORIARTY
CATHLIN TULLY
Attorneys for Plaintiff
Federal Trade Commission
901 Market Street, Suite 570
San Francisco, CA 94103
P: (202) 326-2471/F: (415) 848-5184
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FTC’S ADMIN. MOTION TO FILE UNDER SEAL PORTIONS OF PLAINTIFF’S COMPLAINT
CASE NO. 3:17-CV-00039
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