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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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 

Attorneys for Plaintiff Federal Trade Commission 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

____________________________________ 

FEDERAL TRADE COMMISSION, ) 

 ) Case No. 3:17-cv-00039

 Plaintiff, ) 

 ) 

v. ) 

 ) 

D-LINK CORPORATION ) 

 ) FEDERAL TRADE COMMISSION’S 

and ) ADMINISTRATIVE MOTION TO FILE 

 ) UNDER SEAL PORTIONS OF 

D-LINK SYSTEMS, INC., ) PLAINTIFF’S COMPLAINT 

corporations, ) 

) 

 Defendants. ) 

___________________________________ ) 

 

Case 3:17-cv-00039-JD Document 3 Filed 01/05/17 Page 1 of 3
FTC’S ADMIN. MOTION TO FILE UNDER SEAL PORTIONS OF PLAINTIFF’S COMPLAINT

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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: 

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”). 

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. 

Case 3:17-cv-00039-JD Document 3 Filed 01/05/17 Page 2 of 3
FTC’S ADMIN. MOTION TO FILE UNDER SEAL PORTIONS OF PLAINTIFF’S COMPLAINT

CASE NO. 3:17-CV-00039 PAGE 3 

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Respectfully Submitted 

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 

 

Case 3:17-cv-00039-JD Document 3 Filed 01/05/17 Page 3 of 3