Filed: Jul. 19, 2016
Latest Update: Jul. 19, 2016
Summary: THE FEDERAL TRADE COMMISSION'S MOTION TO SEAL VALERIE P. COOKE , Magistrate Judge . The Federal Trade Commission respectfully moves this Court to place under seal its Motion to Compel Documents and Information ("Motion to Compel"). In support, the FTC states as follows: 1. The FTC's Motion to Compel contains discussions of, references to, and verbatim quotations from submissions provided to the FTC by respondents General LLC ("General") and Media LLC ("Media"). The FTC's Motion to Compel a
Summary: THE FEDERAL TRADE COMMISSION'S MOTION TO SEAL VALERIE P. COOKE , Magistrate Judge . The Federal Trade Commission respectfully moves this Court to place under seal its Motion to Compel Documents and Information ("Motion to Compel"). In support, the FTC states as follows: 1. The FTC's Motion to Compel contains discussions of, references to, and verbatim quotations from submissions provided to the FTC by respondents General LLC ("General") and Media LLC ("Media"). The FTC's Motion to Compel al..
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THE FEDERAL TRADE COMMISSION'S MOTION TO SEAL
VALERIE P. COOKE, Magistrate Judge.
The Federal Trade Commission respectfully moves this Court to place under seal its Motion to Compel Documents and Information ("Motion to Compel"). In support, the FTC states as follows:
1. The FTC's Motion to Compel contains discussions of, references to, and verbatim quotations from submissions provided to the FTC by respondents General LLC ("General") and Media LLC ("Media"). The FTC's Motion to Compel also attaches as exhibits the submissions themselves. These submissions and documents were produced in response to Civil Investigative Demands, a form of compulsory process, issued to respondents.1
2. Under the Federal Trade Commission Act, 15 U.S.C. § 41 et seq., and the FTC's Rules of Practice, see 16 C.F.R. Part 4, such materials produced in response to compulsory process are confidential and are subject to limits on disclosure. 15 U.S.C. § 57b-2(b); 16 C.F.R. §§ 4.10(a)(8); 4.10(g). Specifically, such material "may be disclosed in. . . court proceedings subject to . . . court protective or in camera orders." 16 C.F.R. § 4.10(g)(3).
3. FTC Rule of Practice 4.10(g) further provides that "[p]rior to disclosure of such material in a proceeding, the submitter [e.g., General and Media] will be afforded an opportunity to seek an appropriate protective or in camera order." 16 C.F.R. § 4.10(g). In this case, however, the FTC has elected to seek to have its motion sealed to ensure that the confidential material is protected. The FTC notified counsel for General and Media of its intent to disclose this information and to file this motion for a seal by e-mail on Thursday, June 16, 2016.
For these reasons, the FTC respectfully requests that the Court seal its Motion to Compel. A proposed order is attached.
Respectfully submitted,
DAVID C. SHONKA
Acting General Counsel
/s/Leslie Rice Melman
LESLIE RICE MELMAN
Assistant General Counsel for Litigation
/s/ Burke W. Kappler
BURKE W. KAPPLER
Attorney
FEDERAL TRADE COMMISSION
600 Pennsylvania Ave., N.W.
Washington, DC 20580
Tel.: (202) 326-2043
Fax: (202) 326-2477
Email: bkappler@ftc.gov
Dated: June 16, 2016.
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA
FEDERAL TRADE COMMISSION,
Petitioner,
v. Case No. 3:16-cv-00136-LRH-VPC
GENERAL LLC,
and
MEDIA LLC,
Respondents
[PROPOSED] ORDER TO SEAL
Upon consideration of the Federal Trade Commission's Motion to Seal and the statements and arguments provided therein, it is by this Court hereby
ORDERED that the FTC's Motion to Compel Documents and Information ("Motion to Compel") be placed under seal; and
IT IS FURTHER ORDERED that the FTC's Motion to Compel be sealed until further Order of this Court.
SO ORDERED.
United States Magistrate Judge.
Dated: July 19, 2014, Reno, NV.
