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FTC’S ADMINISTRATIVE MOTION FOR STAY DUE TO GOVERNMENT CESSATION 

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

FEDERAL TRADE COMMISSION 

Kevin H. Moriarty (D.C. Bar No. 975904) 

kmoriarty@ftc.gov 

Cathlin Tully (NY Bar) 

ctully@ftc.gov 

Jarad A. Brown (CA Bar No. 294516) 

jbrown4@ftc.gov 

Katherine E. McCarron (D.C. Bar No. 486335) 

kmccarron@ftc.gov 

Laura Riposo VanDruff (D.C. Bar No. 481785) 

lvandruff@ftc.gov 

Brian C. Berggren (CA Bar No. 279279) 

bberggren@ftc.gov 

600 Pennsylvania Avenue NW, Mail Stop CC-8232 

Washington, D.C. 20580 

Telephone: (202) 326-2999 

Facsimile: (202) 326-3062 

Attorneys for Plaintiff 

FEDERAL TRADE COMMISSION 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

 v. 

D-LINK SYSTEMS, INC., a California 

Corporation, 

Defendant. 

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

PLAINTIFF FEDERAL TRADE 

COMMISSION’S ADMINISTRATIVE 

MOTION FOR STAY IN LIGHT OF 

UNITED STATES GOVERNMENT 

CESSATION 

The Honorable James Donato 

Case 3:17-cv-00039-JD Document 247 Filed 12/31/18 Page 1 of 3
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- 1 - 

FTC’S ADMINISTRATIVE MOTION FOR STAY DUE TO GOVERNMENT CESSATION 

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

NOTICE OF MOTION AND MOTION 

PLEASE TAKE NOTICE that as soon as the matter may be heard, Plaintiff Federal Trade 

Commission (“FTC”) will, and hereby does, move pursuant to Local Rule 7-11 for a temporary 

stay of all pretrial and trial deadlines in this case. Attached hereto is a proposed form of order and 

a declaration explaining why a stipulation could not be obtained. In support of this motion, counsel 

for the FTC states the following: 

1. The Court’s November 2, 2018 Amended Scheduling Order (ECF No. 222) set the 

following deadlines: on January 3, 2019, the Order directs the parties to appear before the Court at 

the Pretrial Conference; on January 9, 2019, the Order directs the parties to jointly file certain 

excerpts of deposition testimony and discovery responses; and, the Order sets January 14, 2019 as 

the date on which trial will begin. 

2. Trial counsel for the FTC plans to travel to San Francisco, California on January 2, 

2019 to participate in the January 3, 2019 Pretrial Conference. Trial counsel for the FTC plans to 

return to San Francisco, California on January 8, 2019 to engage in final pretrial preparation with 

trial witnesses and technical staff. 

3. At the end of the day on December 21, 2018, appropriations for the FTC expired. The 

FTC had sufficient carryover funds to continue operating through December 28, 2018. After that, 

the agency lacked appropriated funding, and the FTC does not know when funding will be restored. 

4. Absent an appropriation, FTC attorneys are prohibited from working, even on a 

voluntary basis, “except for emergencies involving the safety of human life or the protection of 

property.” 31 U.S.C. § 1342. 

5. Undersigned counsel for the FTC therefore requests that the Court stay all deadlines 

in this case until Congress has restored appropriations to the FTC. 

6. If this motion for a stay is granted, undersigned counsel will notify the Court as soon 

as Congress has appropriated funds for the FTC. The FTC requests that, at that point, the parties 

confer and propose a further amended scheduling order that would account for counsel’s and experts’ 

schedules and the schedules of fact witnesses, including those who must travel from Taiwan. 

Case 3:17-cv-00039-JD Document 247 Filed 12/31/18 Page 2 of 3
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FTC’S ADMINISTRATIVE MOTION FOR STAY DUE TO GOVERNMENT CESSATION 

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

7. Counsel for Defendant has stated that Defendant opposes implementation of a stay 

prior to the January 3, 2019 Pretrial Conference. Counsel for Defendant has further stated that 

subsequent to the January 3, 2019 Pretrial Conference, Defendant takes no position on this motion. 

Therefore, although the FTC greatly regrets any disruption caused to the Court and 

Defendant, the FTC hereby moves for a stay of all pretrial and trial deadlines in this case until FTC 

attorneys are permitted to resume their usual civil litigation functions. 

DATED: December 31, 2018 FEDERAL TRADE COMMISSION 

By: /s/ Laura Riposo VanDruff 

Laura Riposo VanDruff 

FEDERAL TRADE COMMISSION 

600 Pennsylvania Avenue NW, CC-8232 

Washington, D.C. 20580 

Telephone: (202) 326-2999 

Facsimile: (202) 326-3062 

Attorneys for Plaintiff 

FEDERAL TRADE COMMISSION 

Case 3:17-cv-00039-JD Document 247 Filed 12/31/18 Page 3 of 3