UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI WESTERN DIVISION

CASE NO. 4:14-cv-00815-BCW

FEDERAL TRADE COMMISSION, Plaintiff, V

BF LABS, INC., et al.

Defendants.

PLAINTIFF’S MOTION TO PRESENT LIVE TESTIMONY AT PRELIMINARY INJUNCTION HEARING AND SUGGESTIONS IN SUPPORT

Pursuant to Section XXIII.B of the Court’s Ex Parte Order [DE # 9], Plaintiff Federal Trade Commission respectfully requests leave to present the live testimony of the following witness at the preliminary injunction hearing scheduled for September 29, 2014:

Anthony Fast 608 Saratoga Place Lawrence, KS 66046

The FTC first learned of and obtained contact information for Mr. Fast, a former BF Labs, Inc. (“Butterfly Labs”) employee, on September 23, 2014. Mr. Fast worked at Butterfly Labs from February to July 2013. He served as its marketing manager and now works as a bitcoin consultant. In that capacity, Mr. Fast has conducted research and analysis regarding the bitcoin industry. He graduated cum laude from Washburn University, served as a computer and

network administrator in the U.S. Army, and has held various management positions throughout

his career. He will describe his role at the company and its management structure. Additionally,

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Mr. Fast would provide testimony on Butterfly Labs’ marketing strategy and advertisements, its refund policy, production practices and schedule, and its bitcoin mining operations. (Anticipated duration of testimony: 1 hour and 30 minutes on direct).

Mr. Fast’s testimony would serve several purposes. First, it would rebut the testimony of certain of Butterfly Labs’ proposed witnesses and provide the Court with a perspective different from that Defendant Drake and Jeff Ownby, both of whom still work for Butterfly Labs and therefore possess pecuniary interest in its continued operation. Further, in its motion to present live testimony [DE # 15], and its opposition papers [DE # 14], Butterfly Labs portrays itself as a well-intentioned start-up company and attributes the challenged conduct to growing pains. Mr. Fast’s testimony would provide a counterpoint to that portrayal. Finally, Mr. Fast possesses knowledge that would be helpful to the Court regarding bitcoin, bitcoin mining, and the industry in general. For these reasons, Mr. Fast’s testimony would be helpful to this Court in determining

whether a preliminary injunction should issue.

Respectfully submitted,

JONATHAN E. NUECHTERLEIN General Counsel

Dated: September 23, 2014 /s/ Leah Frazier Helen Wong, DC Bar # 997800 Teresa N. Kosmidis, NY Bar# 4533824 Leah Frazier, DC Bar# 492540 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) Facsimile: 202-326-3768 hwong @ftc.gov tkosmidis @ ftc.gov

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Ifrazier @ftc.gov

TAMMY DICKINSON United States Attorney

Dated: September 23, 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

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CERTIFICATE OF SERVICE

I hereby certify that on September 23, 2014, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I certify that the foregoing document is being served this day on all counsel of record and pro se parties identified on the attached Service List in the manner specified.

BY CM/ECF

James M. Humphrey MO # 50200 Michael S. Foster MO # 61205 Miriam E. Bailey MO # 60366 POLSINELLI PC

900 W. 48th Place, Suite 900 Kansas City, Missouri 64112-1895 Telephone: (816) 753-1000 Facsimile: (816) 753-1536 jhumphrey @ polsinelli.com mfoster@polsinelli.com

mbailey @ polsinelli.com

Braden M. Perry MO # 53865 KENNYHERTZ PERRY LLC 420 Nichols Road, Suite 207 Kansas City, MO 64112 Direct: 816-527-9445

Mobile: 913-488-4882

Fax: 855-844-2914

braden @ kennyhertzperry.com

Attorneys for Defendant BF Labs Inc.

Bryant T. Lamer

Kersten L. Holzhueter

Andrea M. Chase

Katie Jo Wheeler

Spencer Fane Britt & Browne LLP 1000 Walnut Street, Suite 1400 Kansas City MO 64106 816-474-8100

blamer @spencerfane.com kholzheuter@ spencerfane.com achase @ spencerfane.com kwheeler @ spencerfane.com

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Attorneys for Receiver Eric L. Johnson BY ELECTRONIC MAIL

Darla Drake

5217 England

Merriam, KS 66203 jody @butterflylabs.com

Nasser Ghoseiri

6 Allee des Romarins,

78180 Montigny Le Bretonneux France

nasser @ butterflylabs.com

Sonny Vleisides 12406 Overbrook Road

Leawood, KS 66209 sonny @butterflylabs.com

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