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 FOR ADDITIONAL PAGES FOR PROPOSED FINDINGS
OF FACT AND CONCLUSIONS OF LAW

Plaintiff, the Federal Trade Commission (“FTC”), respectfully moves the Court for leave
to file its proposed Findings of Fact and Conclusions of Law (“Proposed Findings’) in excess of
the Court’s ten-page limit. Specifically, the FTC requests an additional ten pages. In support of
this Motion, the FTC states the following:

iis At the conclusion of the preliminary injunction hearing conducted on November
24 and 25, 2014, the Court requested that the parties submit proposed findings of fact and
conclusions of law not to exceed ten pages (not counting the text of the proposed preliminary
injunction order).

2. The FTC has made every effort to be both brief and complete in its Proposed
Findings as requested by the Court. Due to the breadth of this action, the relief requested, and
the fact that the FTC bears the burden of proof, however, a fair presentation of the findings of
fact and conclusions of law requires greater length than permitted. Here, in support of its
requested preliminary injunction, the FTC is submitting detailed findings of fact and conclusions

of law that demonstrate: (1) the appropriate standard for obtaining preliminary injunctive relief;

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(2) that the FTC has shown a likelihood of success on the merits, specifically that Defendants
made misrepresentations regarding delivery and profitability of their Bitcoin mining machines in
violation of Section 5 of the FTC Act as alleged in the Complaint; (3) that the balance of equities
favors preliminary injunctive relief; (4) that the individual defendants are liable for injunctive
relief; (5) that the individual defendants are liable for equitable monetary relief; (6) that the asset
freeze over Defendants should continue; and (7) that the receivership over Defendant BF Labs
should continue.

WHEREFORE, the FTC respectfully requests this Court to allow the FTC an additional
ten (10) pages for its proposed findings of fact and conclusions of law for a total not to exceed 20
pages (not counting the actual text of the preliminary injunction order).

Respectfully submitted,

JONATHAN E. NUECHTERLEIN
General Counsel

Dated: December 1, 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)
202-326-2187 (Frazier)
202-326-3719 (Ashe)

Facsimile: 202-326-3768

hwong @ftc.gov

tkosmidis @ftc.gov
Ifrazier@ftc.gov

gashe @ftc.gov

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Case 4:14-cv-00815-BCW Document 184 Filed 12/01/14 Page 2 of 3

Dated: December 1, 2014

TAMMY DICKINSON
United States Attorney

/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 December 1, 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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