MORIARTY DECLARATION ISO Page 1 

FTC MOTION TO SEAL

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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 Avenue NW, Mail Drop CC-8232 

Washington, DC 20580 

P: (202) 326-2949/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, 

 Plaintiff, 

 v. 

D-LINK CORPORATION, et al., 

 Defendants. 

No. 3:17-CV-00039-JD 

DECLARATION OF KEVIN H. 

MORIARTY IN SUPPORT OF 

PLAINTIFF FEDERAL TRADE 

COMMISSION’S ADMINISTRATIVE 

MOTION TO SEAL 

I, Kevin H. Moriarty, declare as follows: 

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

submit this declaration in support of the FTC’s Administrative Motion to Seal Portions of its 

Response in Opposition to Defendant D-Link Corporation’s Motion to Dismiss and documents in 

support thereof, filed concurrently with this declaration. The matters stated in this declaration 

are true of my own knowledge and, if necessary, I could and would testify competently thereto. 

2. On April 13, 2017, I notified counsel for D-Link Systems, Inc. (“DLS”), by email 

of the FTC’s intention to submit a declaration in support of the FTC’s Response in Opposition to 

Case 3:17-cv-00039-JD Document 57-1 Filed 04/17/17 Page 1 of 2
MORIARTY DECLARATION ISO Page 2 

FTC MOTION TO SEAL

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Defendant D-Link Corporation’s Motion to Dismiss (“FTC Opposition”) that would include the 

following materials that D-Link Systems had designated as confidential during the FTC’s precomplaint investigation: (a) specified excerpts of Volume I of the transcript of the Investigational 

Hearing of William Brown; (b) specified excerpts of Volume II of the transcript of the 

Investigational Hearing of William Brown; (c) a January 9, 2015, letter from counsel for D-Link 

Systems, Inc., to Laura D. Berger; (d) a February 17, 2015, letter from counsel for D-Link 

Systems, Inc., to Laura D. Berger. These materials are identical to Exhibits A, B, D, and E, 

respectively, to the declaration in support of the FTC’s Opposition. I also notified counsel of the 

FTC’s intention to discuss or quote these materials in its Opposition. 

3. On April 17, 2017 Patrick J. Massari, counsel for DLS and D-Link Corporation, 

responded and requested that the FTC follow Paragraph 31 of the Standing Order for Civil Cases 

Before Judge James Donato, which applies to circumstances in which multiple administrative 

motions to seal would be filed if normal procedures were followed. 

4. Pursuant to L.R. 79-5(d)(1)(C), attached hereto is a redacted, public version of the 

FTC Opposition. 

5. Pursuant to L.R. 79-5(d)(1)(D), attached hereto, filed under seal, is an unredacted 

version of the FTC Opposition, with highlighting over the language that is redacted from the 

public version; together with Exhibit A (Excerpts of the Investigational Hearing of William 

Brown, Vol.1), Exhibit B (Excerpts of the Investigational Hearing of William Brown, Vol.2), 

Exhibit D (January 9, 2015 Letter from Gilman to Berger), and Exhibit E (February 17, 2015 

Letter from Gilman to Berger). 

I declare under penalty of perjury under the laws of the United States that the foregoing is 

true and correct. 

Executed this 17th day of April, 2017 at Washington, DC. 

 /s/ Kevin H. Moriarty 

KEVIN H. MORIARTY 

Case 3:17-cv-00039-JD Document 57-1 Filed 04/17/17 Page 2 of 2