UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MISSOURI

WESTERN DIVISION
FEDERAL TRADE COMMISSION, )
Plaintiff,
Vv. Case No. 4:14-cv-00815-BCW
BF LABS, INC., et al.,
Defendants.

STIPULATED MOTION TO STAY CASE FOR 120 DAYS
TO CONSIDER SETTLEMENT AGREEMENT

Come now Plaintiff Federal Trade Commission (“FITC”) and Defendants BF Labs, Inc.
(“BF Labs”), Sonny Vleisides, and Darla Jo Drake (“Defendants”), by and through their
undersigned counsel, and hereby agree, stipulate, and move the Court for an order staying all
deadlines in this case for 120 days, including staying all deadlines currently set forth in the
Amended Scheduling Order (Dkt. No. 302). In support of this request, the parties state as
follows:

1. Defendants BF Labs, Vleisides, and Drake (‘Settling Defendants”) and FTC
counsel have negotiated a settlement in this matter. Although FTC counsel has authority to
negotiate settlement agreements, under Section 4.14 of the FTC’s Rules of Practice, 16 C.F.R.
§ 4.14(c), only a majority vote by the FTC Commissioners can approve any such agreement.

a If the FTC approves the settlements, further litigation in this matter as to the
Settling Defendants will not be necessary. Because the FTC’s review and approval process can
take several weeks, the parties respectfully request that the Court stay the case for 120 days to

allow adequate time for the FTC to review and approve the final settlement.

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Case 4:14-cv-00815-BCW Document 372 Filed 10/30/15 Page 1 of 4

3 The FTC and Settling Defendants submit that they will diligently seek to conclude
the matters between them in order to submit the final resolution to the FTC Commissioners in a
timely fashion.

4, Counsel for Defendant Ghoseiri has been contacted concerning the referenced
stay but has not yet responded.

5. Although FTC counsel and Defendant Ghoseiri have not reached settlement, the
parties request that the stay apply as between them as well to allow for possible negotiations.

6. The stipulated stay would further the interests of judicial economy by facilitating
the resolution of this matter without judicial intervention.

Wherefore, based on the foregoing, the FTC and Defendants respectfully request that this

stipulation be granted and the entire case be stayed for 120 days.

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Case 4:14-cv-00815-BCW Document 372 Filed 10/30/15 Page 2 of 4

Dated: October 29, 2015

/s/ Helen Wong
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

600 Pennsylvania Avenue NW

Mail Stop CC-10232

Washington, DC 20580

(202) 326-3779 (Wong)

(202) 326-2187 (Frazier)

(202) 326-3719 (Ashe)

(202) 326-3231 (Adler)

(202) 326-3768 (FAX)

hwong @ftc.gov

Ifrazier @ftc.gov

gashe @ftc.gov

jadler@ftc.gov

CHARLES M. THOMAS MO Bar #28522
Assistant United States Attorney

Charles Evans Whittaker Courthouse

400 East Ninth Street

Room 5510

Kansas City, Missouri 64106

(816) 426-3130

(816) 426-3165 (FAX)

charles.thomas @usdoj.gov

Attorneys for Plaintiff
FEDERAL TRADE COMMISSION

51599845.2

Respectfully submitted,

/s/ Mark A. Oltho

MARK A. OLTHOFF
MICHAEL S. FOSTER
POLSINELLI PC

900 W 48th Place, Suite 900
Kansas City, Missouri 64112-1895
(816) 753-1000

(816) 753-1536 (FAX)

molthoff @polsinelli.com

mfoster @polsinelli.com

MO Bar #38572
MO Bar #61205

BRADEN M. PERRY MO Bar #53865
KENNYHERTZ PERRY, LLC

420 Nichols Road, Suite 207

Kansas City, Missouri 64112

(816) 527-9445

(816) 844-2914 (FAX)

braden @kennyhertzperry.com

Attorneys for Defendants BF Labs, Inc.,
Sonny Vleisides, and Darla Drake

Case 4:14-cv-00815-BCW Document 372 Filed 10/30/15 Page 3 of 4

CERTIFICATE OF SERVICE

I hereby certify that a copy of the above and foregoing document was filed electronically
with the above-captioned court, with notice of case activity to be generated and sent
electronically by the Clerk of said court (with a copy to be mailed to any individuals who do not
receive electronic notice from the Clerk) this 30th day of October, 2015, to all counsel of record.

/s/ Mark A. Olthoff
Attorney for Defendants BF Labs, Inc., Sonny
Vleisides, and Darla Drake

51599845.2

Case 4:14-cv-00815-BCW Document 372 Filed 10/30/15 Page 4 of 4