No. 3:17-cv-00039-JD 

STIPULATION AND [PROPOSED] ORDER ON 

FEDERAL TRADE COMMISSION’S 

ADMINISTRATIVE MOTION TO FILE UNDER 

SEAL PORTIONS OF THE PLAINTIFF’S 

COMPLAINT 

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CAUSE OF ACTION INSTITUTE 

PATRICK J. MASSARI [admitted pro hac vice] [Lead Counsel] 

patrick.massari@causeofaction.org 

MICHAEL PEPSON [admitted pro hac vice] 

Admitted only in Maryland. 

Practice limited to matters and proceedings before United States Courts and agencies. 

michael.pepson@causeofaction.org 

KARA E. MCKENNA [admitted pro hac vice] 

Admitted only in New York and New Jersey. 

Practice limited to matters and proceedings before United States Courts and agencies. 

kara.mckenna@causeofaction.org 

1875 Eye Street N.W., Suite 800 

Washington, D.C. 20006 

Telephone: (202) 422-4332 

Facsimile: (202) 330-5842 

PILLSBURY WINTHROP SHAW PITTMAN LLP 

LAURA C. HURTADO (CSB #267044) 

laura.hurtado@pillsburylaw.com 

Four Embarcadero Center, 22nd Floor 

San Francisco, California 94111 

Telephone: (415) 983-1000 

Facsimile: (415) 983-1200 

Attorneys for Defendant D-Link Systems, Inc.

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN FRANCISCO DIVISION 

FEDERAL TRADE COMMISSION, 

Plaintiff, 

vs. 

D-LINK CORPORATION 

and 

 D-LINK SYSTEMS, INC., 

Defendants.

No. 3:17-cv-00039-JD 

STIPULATION AND [PROPOSED] 

ORDER ON FEDERAL TRADE 

COMMISSION’S ADMINISTRATIVE 

MOTION TO FILE UNDER SEAL 

PORTIONS OF THE PLAINTIFF’S 

COMPLAINT 

 

Judge: Hon. James Donato 

Case 3:17-cv-00039-JD Document 41 Filed 03/16/17 Page 1 of 5
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No. 3:17-cv-00039-JD 

STIPULATION AND [PROPOSED] ORDER ON 

FEDERAL TRADE COMMISSION’S MOTION TO 

SEAL PORTIONS OF THE PLAINTIFF’S 

COMPLAINT 

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Subject to the approval of the Court, defendant D-Link Systems, Inc. (“D-Link Systems”) 

and plaintiff Federal Trade Commission (“FTC”), through their attorneys of record, hereby 

stipulate as follows: 

1. On January 5, 2017, the FTC filed an Administrative Motion to File Under Seal 

Portions of Plaintiff’s Complaint (“Administrative Motion”) pursuant to Local Rule 79-5. 

See ECF No. 3. The FTC’s Administrative Motion states: “The FTC’s complaint alleges 

facts in Paragraphs 10, 11, and 25 that the FTC obtained during the course of its nonpublic 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.” Id. at 2. The FTC’s Administrative Motion further states: 

“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.” Id.

2. On January 17, 2017, D-Link Systems filed a Response to Federal Trade 

Commission’s Administrative Motion to File Under Seal Portions of Plaintiff’s 

Complaint (“Response”). See ECF No. 13. Inter alia, D-Link Systems requested that 

this Court grant the FTC’s Administrative Motion and seal the portions of the Complaint 

identified by the FTC’s Administrative Motion. See id. at 5. 

3. On March 9, 2017, this Court held a hearing on D-Link Systems’ Motion to 

Dismiss. At the hearing, the pending Administrative Motion was also addressed by the 

parties and this Court. 

4. After the parties indicated that it may be possible to resolve the issues presented 

by the Administrative Motion by agreement, the Court requested that the parties inform 

the Court within a week as to whether the parties could reach agreement on the issues 

presented by the FTC’s Administrative Motion. 

Case 3:17-cv-00039-JD Document 41 Filed 03/16/17 Page 2 of 5
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No. 3:17-cv-00039-JD 

STIPULATION AND [PROPOSED] ORDER ON 

FEDERAL TRADE COMMISSION’S MOTION TO 

SEAL PORTIONS OF THE PLAINTIFF’S 

COMPLAINT 

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5. The parties have agreed to unseal Paragraphs 10, 11 and 25 of the FTC’s 

Complaint, thereby making it available for the public view in its entirety. The parties 

also agree that unsealing the portions of the Complaint subject to the FTC’s 

Administrative motion does not waive D-Link Systems’ right to maintain the 

confidentiality of any other information it provided to the FTC during the course of the 

FTC’s non-public investigation of D-Link Systems. 

IT IS THEREFORE STIPULATED AND AGREED TO BY THE PARTIES THAT: 

Without waiving any of D-Link Systems’ rights to maintain the confidentiality of 

information D-Link Systems provided to the FTC during the course of the FTC’s non-public 

investigation of D-Link Systems, D-Link Systems hereby withdraws its Response, ECF No. 13, 

to the FTC’s Administrative Motion, ECF No. 3. Therefore, the FTC’s Complaint should be 

unsealed in its entirety, and the FTC’s Administrative Motion should be denied as moot. 

 DATED: March 16, 2017 CAUSE OF ACTION INSTITUTE 

By: /s/ Patrick J. Massari 

Patrick J. Massari [admitted pro hac vice] 

[LEAD COUNSEL] 

patrick.massari@causeofaction.org 

1875 Eye Street N.W., Suite 800 

Washington, D.C. 20006 

Telephone: (202) 499-4231 

Facsimile: (202) 330-5842 

PILLSBURY WINTHROP SHAW 

PITTMAN LLP 

Laura C. Hurtado (CSB #267044) 

laura.hurtado@pillsburylaw.com 

Four Embarcadero Center, 22nd Floor 

San Francisco, California 94111 

Telephone: (415) 983-1000 

Facsimile: (415) 983-1200 

Attorneys for Defendant D-Link Systems, Inc. 

(Additional counsel listed on caption page) 

Case 3:17-cv-00039-JD Document 41 Filed 03/16/17 Page 3 of 5
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No. 3:17-cv-00039-JD 

STIPULATION AND [PROPOSED] ORDER ON 

FEDERAL TRADE COMMISSION’S MOTION TO 

SEAL PORTIONS OF THE PLAINTIFF’S 

COMPLAINT 

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DATED: March 16, 2017 FEDERAL TRADE COMMISSION 

 By: /s/ Laura D. Berger_______________________ 

 LAURA D. BERGER 

 Federal Trade Commission 

 901 Market Street, Suite 750 

 San Francisco, CA 94103 

 Telephone: (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 

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No. 3:17-cv-00039-JD 

STIPULATION AND [PROPOSED] ORDER ON 

FEDERAL TRADE COMMISSION’S MOTION TO 

SEAL PORTIONS OF THE PLAINTIFF’S 

COMPLAINT 

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ATTESTATION OF CONCURRENCE IN FILING 

 In accordance with Civil L.R. 5-1(i)(3), I hereby attest that I have obtained the 

concurrence of all other signatories in the filing of this document. 

DATED: March 16, 2017 

[PROPOSED] ORDER 

Pursuant to the parties’ stipulation and good cause appearing, plaintiff Federal Trade 

Commission’s (“FTC”) Administrative Motion, ECF No. 13, is DENIED as moot. Therefore, 

the FTC may publicly file an unredacted version of the Complaint for Permanent Injunction and 

Other Equitable Relief that the FTC provisionally filed under seal, ECF No. 3-4, which shall 

become part of the public docket in accordance with Civil L.R. 79-5(e)(2). 

DATED: __________________ ____________________________________ 

 Hon. James Donato 

 United States District Judge 

CAUSE OF ACTION INSTITUTE 

By: /s/ Patrick J. Massari 

Patrick J. Massari [admitted pro hac vice] 

[LEAD COUNSEL] 

patrick.massari@causeofaction.org 

1875 Eye Street N.W., Suite 800 

Washington, D.C. 20006 

Telephone: (202) 499-4231 

Facsimile: (202) 330-5842 

PILLSBURY WINTHROP SHAW 

PITTMAN LLP 

Laura C. Hurtado (CSB #267044) 

laura.hurtado@pillsburylaw.com 

Four Embarcadero Center, 22nd Floor 

San Francisco, California 94111 

Telephone: (415) 983-1000 

Facsimile: (415) 983-1200 

Attorneys for Defendant D-Link Systems, Inc. 

(Additional counsel listed on caption page) 

Case 3:17-cv-00039-JD Document 41 Filed 03/16/17 Page 5 of 5