FEDERAL TRADE COMMISSION’S MOTION FOR A STAY

IN LIGHT OF UNITED STATES GOVERNMENT CESSATION

 Case No. 17-cv-00220-LHK-NMC 

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Jennifer Milici, D.C. Bar No. 987096 

J. Alexander Ansaldo, Va. Bar No. 75870 

Joseph R. Baker, D.C. Bar No. 490802 

Elizabeth A. Gillen, Cal. Bar No. 260667 

Daniel Matheson, D.C. Bar No. 502490 

Federal Trade Commission 

600 Pennsylvania Avenue, N.W. 

Washington, D.C. 20580 

(202) 326-2912; (202) 326-3496 (fax) 

jmilici@ftc.gov 

Lin W. Kahn, Cal. Bar No. 261387 

Federal Trade Commission 

901 Market Street, Suite 570 

San Francisco, CA 94103 

(415) 848-5115; (415) 848-5184 (fax) 

lkahn@ftc.gov 

Attorneys for Plaintiff Federal Trade Commission 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

FEDERAL TRADE COMMISSION, 

 Plaintiff, 

v. 

QUALCOMM INCORPORATED, a 

Delaware corporation, 

Defendant. 

Case No. 5:17-cv-00220-LHK-NMC 

FEDERAL TRADE COMMISSION’S 

MOTION FOR STAY IN LIGHT OF 

UNITED STATES GOVERNMENT 

CESSATION 

 

Case 5:17-cv-00220-LHK Document 509 Filed 01/22/18 Page 1 of 3
 

 

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FEDERAL TRADE COMMISSION’S MOTION FOR A STAY

IN LIGHT OF UNITED STATES GOVERNMENT CESSATION

 Case No. 17-cv-00220-LHK-NMC

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Plaintiff Federal Trade Commission (“FTC” or “Commission”) hereby moves for a stay 

of all proceedings in the above-captioned case. 

1. At 11:59 p.m. on January 19, 2018 the continuing resolution that had been 

funding the FTC expired and appropriations to the Commission lapsed. The 

Commission does not know when funding will be restored by Congress. 

2. 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. Accordingly, the Commission’s policy 

is to seek a stay of all pending litigation. 

3. Undersigned counsel for the FTC therefore respectfully requests this Court stay 

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

4. If this motion for a stay is granted, undersigned counsel will notify the Defendant 

and the Court as soon as Congress has appropriated funds for the Commission. 

The Commission requests that, at that point, the parties promptly meet and confer 

to propose new deadlines as appropriate based on the duration of the lapse in 

appropriations. If the Court denies this motion, the FTC will comply with the 

Court’s order, which would constitute express legal authorization for the activity 

to continue. 

5. Opposing counsel has authorized counsel for the FTC to state that the Defendant 

takes no position on this motion. 

Therefore, although we greatly regret any disruption caused to the Court and the other 

litigants, the FTC hereby moves for a stay of all proceedings until FTC attorneys are permitted to 

resume their usual civil litigation functions. 

 

Case 5:17-cv-00220-LHK Document 509 Filed 01/22/18 Page 2 of 3
 

 

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FEDERAL TRADE COMMISSION’S MOTION FOR A STAY

IN LIGHT OF UNITED STATES GOVERNMENT CESSATION

 Case No. 17-cv-00220-LHK-NMC

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Dated: January 22, 2018 Respectfully Submitted, 

 /s/ Jennifer Milici 

Jennifer Milici 

J. Alexander Ansaldo 

Joseph R. Baker 

Elizabeth A. Gillen 

Daniel Matheson 

Federal Trade Commission 

600 Pennsylvania Avenue, N.W. 

Washington, D.C. 20580 

Lin W. Kahn 

Federal Trade Commission 

901 Market Street, Suite 570 

San Francisco, CA 94103 

Attorneys for Plaintiff 

Federal Trade Commission 

Case 5:17-cv-00220-LHK Document 509 Filed 01/22/18 Page 3 of 3