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.

FTC’S MOTION TO STRIKE AFFIRAMTIVE DEFENSES

Plaintiff, the Federal Trade Commission (“FTC”, pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, moves to strike all affirmative defenses in the Answer filed by Defendant Nasser Ghoseiri (Dkt. No. 226) and the Answer filed by Defendants BF Labs, Inc., Darla Drake, and Sonny Vleisides (Dkt. No. 227).'

In support of its motion, the FTC respectfully refers the Court to its Suggestions in Support of its Motion to Strike Affirmative Defenses. As explained in the Suggestions, these defenses are insufficient because they are legally incorrect, redundant denials of the Complaints’ allegations, or incomprehensible. Furthermore, allowing them to survive into discovery would prejudice both the government and consumers harmed by Defendants.

Respectfully submitted,

JONATHAN E. NUECHTERLEIN General Counsel

Dated: January 30, 2015 /s/ Gregory A. Ashe Helen Wong, DC Bar # 997800

Leah Frazier, DC Bar# 492540

' Both Answers assert the same affirmative defenses in the same order.

Case 4:14-cv-00815-BCW Document 254 Filed 01/30/15 Page 1 of 2

Gregory A. Ashe, VA Bar #39131 Jason M. Adler, IL Bar #6295738 Federal Trade Commission

600 Pennsylvania Ave., N.W. Mail Stop CC-10232 Washington, D.C. 20580 202-326-3779 (Wong) 202-326-2187 (Frazier) 202-326-3719 (Ashe) 202-326-3231 (Adler)

Facsimile: 202-326-3768 hwong @ ftc.gov

tkosmidis @ftc.gov

Ifrazier @ftc.gov

gashe @ftc.gov

TAMMY DICKINSON United States Attorney

Dated: January 30, 2015 /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 January 30, 2015, 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

Case 4:14-cv-00815-BCW Document 254 Filed 01/30/15 Page 2 of 2