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 DEFENDANT NASSER GHOSEIRI

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. (DE 327.)

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 Defendant.

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 Jason M. Adler, IL Bar #6295738 Federal Trade Commission

Case 4:14-cv-00815-BCW Document 337 Filed 06/22/15 Page 1 of 2

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: June 22, 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 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

Case 4:14-cv-00815-BCW Document 337 Filed 06/22/15 Page 2 of 2