- 1 - 

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION 05 13 2020

COMMISSIONERS: Joseph J. Simons, Chairman 598444

Noah Joshua Phillips

Rohit Chopra

Rebecca Kelly Slaughter

Christine S. Wilson ORIG'INAL 

In the Matter of

 

 PUBLIC

NTT GLOBAL DATA CENTERS 

AMERICAS, INC., as successor in 

interest to RagingWire Data Centers, Inc. DOCKET NO. 9386 

a corporation. 

JOINT MOTION TO WITHDRAW MATTER FROM ADJUDICATION FOR THE 

PURPOSE OF CONSIDERING A PROPOSED CONSENT AGREEMENT

Pursuant to Rules 3.25(b) and (c) of the Commission’s Rules of Practice, 16 C.F.R. § 

3.25(b), (c), Complaint Counsel and Respondent NTT Global Data Centers Americas, Inc. 

jointly move the Commission to withdraw this matter from adjudication under Docket No. 9386 

for the purpose of the Commission’s consideration of a proposed consent agreement. The 

proposed consent agreement, which conforms to the requirements of Commission Rule of 

Practice 2.32, 16 CFR § 2.32, has been fully executed by Complaint Counsel and Respondent, 

and approved by the Bureau of Consumer Protection. The proposed consent agreement would 

resolve the matter before the Commission in its entirety. Accordingly, the parties respectfully 

request that this matter be removed from adjudication until June 15, 2020, with all proceedings 

before the Administrative Law Judge stayed, so that the Commission may consider the proposed 

consent agreement.
Public

- 2 -

Dated: April 15, 2020 Respectfully submitted,

 /s/ Linda Holleran Kopp 

Linda Holleran Kopp

Robin L. Wetherill

Division of Privacy and Identity Protection

Bureau of Consumer Protection 

Federal Trade Commission 

600 Pennsylvania Avenue, NW

Mailstop CC-8402

Washington, DC 20580

Telephone: (202) 326-2267 (Kopp)

Facsimile: (202) 326-3393 

Electronic mail: lkopp@ftc.gov (Kopp)

Complaint Counsel

/s/ Corey W. Roush

Corey W. Roush

C. Fairley Spillman

Diana E. Schaffner

AKIN GUMP STRAUSS HAUER & 

FELD LLP

2001 K Street, N.W.

Washington, DC 20006

(202) 887-4000

Counsel for Respondent
Public

- 3 -

UNITED STATES OF AMERICA

BEFORE THE FEDERAL TRADE COMMISSION

COMMISSIONERS: Joseph J. Simons, Chairman

Noah Joshua Phillips

Rohit Chopra

Rebecca Kelly Slaughter

Christine S. Wilson

In the Matter of

NTT GLOBAL DATA CENTERS DOCKET NO. 9386

AMERICAS, INC., as successor in

interest to RagingWire Data Centers, Inc. 

a corporation.

[PROPOSED] ORDER WITHDRAWING MATTER FROM ADJUDICATION 

FOR THE PURPOSE OF CONSIDERING A PROPOSED 

CONSENT AGREEMENT

Complaint Counsel and Respondent NTT Global Data Centers Americas, Inc., having 

jointly moved that this matter be withdrawn from adjudication in order to enable the Commission 

to consider a proposed consent agreement;

Complaint Counsel and Respondent, having submitted a proposed Consent Agreement 

containing a proposed Decision and Order, executed by Respondent and by Complaint Counsel 

and approved by the Direct of the Bureau of Consumer Protection that, if accepted by the 

Commission, would resolve the claims against Respondent in their entirety; 

IT IS ORDERED, pursuant to Rule 3.25(c) of the Commission Rules of Practice, l6 

C.F.R. § 3.25(c), that all claims against Respondent are hereby withdrawn in their entirety from 

adjudication until June 15, 2020, and that all proceedings before the Administrative Law Judge 

in this matter are hereby stayed pending a determination by the Commission with respect to the 

proposed Consent Agreement, pursuant to Rule 3.25(f), l6 C.F.R. § 3.25(f); and 

IT IS FUTHER ORDERED, pursuant to Rule 3.25(b) of the Commission Rules of 

Practice, l6 C.F.R. § 3 .25(b), that the proposed Consent Agreement shall not be placed on the 

public record unless and until it is accepted by the Commission.
Public

- 4 -

By the Commission.

April S. Tabor

Acting Secretary

SEAL:

ISSUED:
Public

- 5 -

CONFIDENTIAL CONSENT AGREEMENT

REDACTED IN ENTIRETY
Public

- 6 -

CERTIFICATE OF SERVICE

I hereby certify that on May 13, 2020, I caused the foregoing document to be 

filed electronically through the Office of the Secretary's FTC E-filing system, which will 

send notification of such filing to:

April S. Tabor 

Acting Secretary

Federal Trade Commission

600 Pennsylvania Ave., NW, Rm. 

H-113 Washington, DC 20580

I also certify that I caused a copy of the foregoing document to be transmitted via 

electronic mail 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 caused a copy of the foregoing document to be served via 

electronic mail to:

Corey W. Roush

C. Fairley Spillman

Diana E. Schaffner

Akin Gump Strauss Hauer & Feld LLP

2001 K. Street, N.W.

Washington, DC 20006

(202) 887-4000

croush@akingump.com

fspillman@akingump.com

dschaffner@akingump.com

Counsel for Respondent NTT Global Data Centers Americas, Inc.

May 13, 2020 By: /s/ Robin Wetherill 

Robin Wetherill

Federal Trade Commission

Bureau of Consumer Protection