UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

FEDERAL TRADE COMMISSION, CASE NO. 4:14-cv-00815-BCW
Plaintiff,
Vv.

BF LABS, INC., et al.

Defendants.

PLAINTIFF’S MOTION TO LIFT RESTRICTIONS ON EX PARTE DOCUMENTS
Plaintiff, the Federal Trade Commission (“FTC”) hereby respectfully requests that the
Court direct the Clerk of Court to lift the restrictions on certain documents that were filed ex
parte by the FTC at the commencement of this action so that the documents are available to and
accessible by the public. In support thereof, the FTC states as follows:
1. On September 17, 2014, this Court entered an order (“Seal Order’) temporarily sealing
the case file and the initial pleadings that were filed ex parte by the FTC. (Dkt. No. 3.)
The documents covered by the Seal Order are Docket Entry Numbers 1, 2, 3, 4, 5, 6, 7, 8,
and 9, and include the Complaint, Motion for Temporary Restraining Order, Suggestions
in Support of TRO, Exhibits in Support of TRO, Receiver recommendation, and related
pleadings and orders.
2. The Seal Order provides that “the entire case file and docket in this matter, including all
pleadings, exhibits, and all orders of the Court shall remain under seal until all
Defendants have been served, or until 5:00 p.m. on September 22, 2014, whichever

occurs first.” (Dkt. No. 3 at 1.) The Seal Order further provides that “the seal entered by

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this order shall dissolve at 5:00 p.m. on September 22, 2014. At that time, the Clerk of
the Court shall automatically lift the seal without motion by the FTC or further order by
the Court.” (Cd. at 2.)

3. Although the seal was lifted on September 22, the FTC’s ex parte initial pleadings remain
restricted from public availability and access.

4. Each Defendant has been served with the Complaint, the Temporary Restraining Order,
and all of the other initial pleadings. (See Dkt. Nos. 124, 125, 126, and 128.) Thus, the
purpose of the temporary case file seal and ex parte designation has been fulfilled. The
restrictions on the docket with respect to the initial pleadings are no longer necessary.
Wherefore, the FTC respectfully requests that the Court direct the Clerk of Court to lift

the restrictions on Docket Entry numbers 1, 2, 3, 4, 5, 6, 7, 8, and 9, including those designated
by the FTC as ex parte, so that those pleadings are available to and accessible by the public.' A
proposed order is filed herewith.

Respectfully submitted,

JONATHAN E. NUECHERTERLEIN
General Counsel

Dated: November 5, 2014 /s/ Gregory A. Ashe
Helen Wong, DC Bar # 997800

Teresa N. Kosmidis, NY Bar# 4533824
Leah Frazier, DC Bar# 492540
Gregory A. Ashe, VA Bar #39131
Federal Trade Commission

600 Pennsylvania Ave., N.W.

Mail Stop CC-10232

Washington, D.C. 20580
202-326-3779 (Wong)

202-326-3216 (Kosmidis)

' The FTC’s request is limited to the initial pleadings. The proposed order would have no effect
on any pleading filed in this action under seal by the FTC, Defendants, or the Receiver after
September 22, 2014.

Z

Case 4:14-cv-00815-BCW Document 130 Filed 11/05/14 Page 2 of 3

202-326-2187 (Frazier)
202-326-3719 (Ashe)
Facsimile: 202-326-3768
hwong @ftc.gov
tkosmidis @ftc.gov
Ifrazier @ftc.gov

gashe @ftc.gov

TAMMY DICKINSON
United States Attorney

Dated: November 5, 2014 /s/ Charles M. Thomas
Charles M. Thomas, MO Bar #28522
Assistant United States Attorney
Charles Evans Whittaker Courthouse
400 East Ninth Street, Room 5510
Kansas City, MO 64106
Telephone: (816) 426-3130
Facsimile: (816) 426-3165
E-mail: charles.thomas @usdoj.gov

Attorneys for Plaintiff
FEDERAL TRADE COMMISSION

CERTIFICATE OF SERVICE
The undersigned hereby certifies that on November 5, 2014, a true and
correct copy of the foregoing was filed electronically with the United States District Court

for the Western District of Missouri using the CM/ECF system, which sent notification to all
parties of interest participating in the CM/ECF system.

/s/ Gregory A. Ashe
Attorney for Plaintiff Federal Trade Commission

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