FTC ADMIN. MOT. TO FILE UNDER SEAL Page 1 

CASE NO. 3:17-CV-00039 

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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 

PLAINTIFF FEDERAL TRADE 

COMMISSION’S ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

Judge: Hon. James Donato 

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(e), of portions of the FTC’s Response in Opposition to D-Link Corporation’s Motion to 

Dismiss for Lack of Personal Jurisdiction (“FTC Opposition”), and certain exhibits attached to 

the Declaration of Kevin H. Moriarty in support of thereof. Pursuant to Paragraph 31 of the 

Standing Order for Civil Cases Before Judge James Donato, a more fulsome and revised motion 

to seal will be forthcoming after the completion of briefing of the motion to dismiss. 

Case 3:17-cv-00039-JD Document 57 Filed 04/17/17 Page 1 of 2
FTC ADMIN. MOT. TO FILE UNDER SEAL Page 2 

CASE NO. 3:17-CV-00039 

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The FTC Opposition discusses testimony from an investigational hearing and two letter 

submissions from the FTC’s pre-complaint investigation of D-Link Systems, Inc. (“DLS”), and 

attaches these documents as exhibits to the Declaration of Kevin H. Moriarty submitted in 

support thereof. In providing this information to the FTC, DLS designated it as confidential 

pursuant to Section 21 of the FTC Act, 15 U.S.C. § 57b-2. As “designating party,” D-Link 

Systems bears the burden of establishing that the information identified in the specified 

paragraphs is “sealable.” L.R. 79-5(b). 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. 

For this motion, Defendant D-Link Corporation has requested that the FTC follow 

Paragraph 31 of the Court’s standing order. See Declaration of Kevin H. Moriarty in Support of 

Plaintiff Federal Trade Commission’s Administrative Motion to Seal ¶ 3. Paragraph 31 applies 

where “the parties anticipate that this paragraph will apply to a round of briefing.” Standing 

Order for Civil Cases before Judge James Donato ¶ 31. Pursuant to this paragraph, for any 

opposed requests to seal, “each party or non-party making an opposed request should file a single 

combined administrative motion to seal covering all of their opposed requests.” Id. 

Dated: April 17, 2017 Respectfully submitted, 

 /s/ Kevin H. Moriarty 

LAURA D. BERGER 

Federal Trade Commission 

901 Market Street, Suite 570 

San Francisco, CA 94103 

Tel: (202) 326-2471

KEVIN H. MORIARTY 

CATHLIN TULLY 

Federal Trade Commission 

600 Pennsylvania Avenue NW, Mail Drop CC-8232 

Washington, DC 20580 

Attorneys for Plaintiff 

Federal Trade Commission 

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