Federal Trade Commission v. D-Link Corporation et al

Filing 3

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: [phone]/F: [phone]
[e-mail];
KEVIN H. MORIARTY (DC Bar No. 975904)
CATHLIN TULLY (NY Bar)
Federal Trade Commission
600 Pennsylvania Ave N.W.
Washington, DC 20580
P: [phone]/F: [phone]
[e-mail]; [e-mail]

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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.
)
___________________________________ )

Case No. 3:17-cv-00039

DECLARATION OF CATHLIN TULLY
IN SUPPORT OF FEDERAL TRADE
COMMISSION’S ADMINISTRATIVE
MOTION TO FILE UNDER SEAL
PORTIONS OF PLAINTIFF’S
COMPLAINT

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1. I am an attorney for the plaintiff Federal Trade Commission (“FTC”) in this matter. I submit

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this declaration in support of the FTC’s Administrative Motion to File Under Seal Portions of

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Plaintiff’s Complaint, filed concurrently with this declaration. Unless stated otherwise, I

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DECLARATION OF CATHLIN TULLY IN SUPPORT OF FTC’S ADMIN. MOTION TO FILE UNDER
SEAL PORTIONS OF PLAINTIFF’S COMPLAINT
PAGE 1
CASE NO. 3:17-CV-00039

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make this declaration based on my own personal knowledge, and if called as a witness, I

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could and would testify competently as follows.

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2. The FTC’s complaint alleges facts in Paragraphs 10, 11, and 25 that the FTC obtained during

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the course of its non-public investigation of D-Link Systems, Inc. (“DLS”). In providing this

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information to the FTC, DLS designated this information as confidential pursuant to Section

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21 of the FTC Act, 15 U.S.C. § 57b-2.

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3. I declare under penalty of perjury that the foregoing statements are true and correct.
Executed in Washington, DC, on January 5, 2017.

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/s/ Cathlin Tully______________________
CATHLIN TULLY

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DECLARATION OF CATHLIN TULLY IN SUPPORT OF FTC’S ADMIN. MOTION TO FILE UNDER
SEAL PORTIONS OF PLAINTIFF’S COMPLAINT
PAGE 2
CASE NO. 3:17-CV-00039