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 OF DEFENDANTS BF
LABS, INC., DARLA DRAKE, AND SONNY VLEISIDES

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 Answers filed by
Defendants BF Labs, Inc. (DE 324), Darla Drake (DE 325), and Sonny Vleisides (DE 326).!

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: June 22, 2015 /s/ Gregory A. Ashe
Helen Wong, DC Bar # 997800
Leah Frazier, DC Bar# 492540
Gregory A. Ashe, VA Bar #39131

‘Bach Answer asserts the same affirmative defenses in the same order.

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Case 4:14-cv-00815-BCW Document 335 Filed 06/22/15 Page 1 of 2

Dated: June 22, 2015

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

/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 June 22, 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

Z

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