Federal Trade Commission v. Directv, Inc. et al

Northern District of California, cand-4:2015-cv-01129

ORDER by Judge Haywood S. Gilliam, Jr. Granting {{154}} Stipulation to extend discovery deadlines.

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1 Eric D. Edmondson, D.C. Bar No. 450294 Chad S. Hummel, SBN 139055 2 Erika Wodinsky, Cal. Bar No. 091700 chummel@sidley.com Jacob A. Snow, Cal. Bar No. 270988 Clayton S. Friedman, SBN 245513 3 Boris Yankilovich, Cal Bar No. 257887 cfriedman@sidley.com 4 901 Market Street, Suite 570, Mark D. Campbell, SBN 180528 San Francisco, CA 94103 mcampbell@sidley.com 5 (415) 848-5100 / (415) 848-5184 (fax) Michael Yaghi, SBN 202720 eedmondson@ftc.gov; ewodinsky@ftc.gov; myaghi@sidley.com 6 jsnow@ftc.gov; byankilovich@ftc.gov SIDLEY AUSTIN LLP 7 1999 Avenue of the Stars, 17th Floor Raymond E. McKown, Cal. Bar No. 150975 Los Angeles, CA 90067 8 Stacy Procter, Cal. Bar No. 221078 Telephone: (310) 595-2600 Kenneth H. Abbe, Cal. Bar No. 172416 Facsimile: (310) 595-2601 9 10877 Wilshire Blvd., Suite 700 10 Los Angeles, CA 90024 Ryan M. Sandrock, SBN 251781 (310) 824-4343 / (310) 824-4380 (fax) rsandrock@sidley.com 11 rmckown@ftc.gov; sprocter@ftc.gov; SIDLEY AUSTIN LLP kabbe@ftc.gov 555 California Street, Suite 2000 12 San Francisco, CA 94104 13 Attorneys for Plaintiff Telephone: (415) 722-1200 Federal Trade Commission Facsimile: (415)772-7400 14 Attorneys for Defendants 15 DIRECTV and DIRECTV, LLC 16 UNITED STATES DISTRICT COURT 17 NORTHERN DISTRICT OF CALIFORNIA 18 SAN FRANCISCO DIVISION 19 FEDERAL TRADE COMMISSION, 20 Plaintiff, Case No. 15-cv-01129-HSG 21 v. Hon. Haywood S. Gilliam, Jr. 22 23 DIRECTV, STIPULATED MOTION AND a corporation, [PROPOSED] ORDER TO EXTEND 24 and DISCOVERY DEADLINES 25 DIRECTV, LLC, a limited liability company, 26 27 Defendants. 28 1 Plaintiff Federal Trade Commission ("FTC") and Defendants DIRECTV and DIRECTV, 2 LLC (collectively, "DIRECTV"), jointly move the Court to extend the discovery deadlines in 3 this matter in order to allow the parties sufficient time to complete fact discovery. The parties' 4 proposed revised schedule would not alter the current dates for summary judgment or trial. 5 I. The Parties' Proposed Schedule 6 The parties jointly propose the following revisions to the current case schedule (Dkt. No. 7 138) in order to allow sufficient time to complete a number of outstanding depositions and to 8 review recently produced and soon-to-be produced materials. This proposal continues the 9 deadline for fact discovery by three weeks, extends expert discovery by two weeks, and moves 10 the settlement conference to December 5, 2016, or as soon thereafter as practicable for Judge 11 Spero. (See Dkt. No. 140.) 12 13 14 Current Schedule The Parties' Proposal (Dkt. No. 138) 15 Fact Discovery Closes July 22, 2016 Aug. 12, 2016 16 Opening Expert Reports Sept. 2, 2016 Sept. 16, 2016 17 MSJ Filing Sept. 22, 2016 No Change Rebuttal Expert Reports Sept. 30, 2016 Oct. 13, 2016 18 MSJ Opposition Oct. 6, 2016 No Change 19 MSJ Reply Oct. 13, 2016 No Change 20 Reply Expert Reports Oct. 21, 2016 Nov. 4, 2016 21 MSJ Hearing Date Oct. 27, 2016 No Change Expert Discovery Close Nov. 10, 2016 Nov. 23, 2016 22 Settlement Conference Nov. 18, 2016 Dec. 5, 2016 23 Pretrial Conference Jan. 17, 2017 No Change 24 Bench Trial Date Jan. 30, 2017 No Change 25 26 27 28 STIPULATED MOTION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES Case No. 15-cv-01129-HSG 2 1 II. Discovery Taken to Date. 2 The parties have conducted considerable discovery to date: 3  The FTC has produced over 133,000 pages of documents and DIRECTV has produced 4 over 384,302 pages of documents, plus an additional 1,829 audio files. 5  The FTC has sought documents from 22 third parties, including DIRECTV's 6 telemarketers, dealers, advertising agencies, and market research vendors; those 7 companies have made substantial productions, with some productions ongoing. 8  The parties have taken 29 depositions, and have noticed an additional nine depositions of 9 individuals and corporate designees. 10  The parties have brought 16 letter briefs to Judge James (Dkt. Nos. 56, 66, 70, 82, 89, 11 106, 107, 113, 121, 127, 130, 142, 146, 148, 149 and 152.) 12 III. Reasons for the Proposed Extension. 13 The parties are requesting this extension of discovery deadlines for three principal 14 reasons. First, due to the unavailability of some witnesses, several depositions cannot be 15 completed by July 22. Second, DIRECTV has produced a large volume of material over the past 16 three weeks, including 1,829 recordings of sales calls. Third, several third parties have expressed 17 an intention to produce additional documents to the FTC. The FTC needs a modest amount of 18 additional time to complete its review of these recent and expected productions prior to the 19 commencement of expert discovery, and both parties need time to complete noticed depositions. 20 21 *** 22 23 IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE 24 PARTIES through their respective attorneys of record as follows: 25 WHEREAS, the parties require additional time to resolve discovery disputes and 26 conclude the necessary discovery, 27 28 STIPULATED MOTION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES Case No. 15-cv-01129-HSG 3 1 THEREFORE, the parties have stipulated and agreed, and do hereby respectfully request 2 that the Court extend discovery deadlines and set the following deadlines: 3 4 Fact Discovery Closes Aug. 12, 2016 Opening Expert Reports Sept. 16, 2016 5 MSJ Filing Sept. 22, 2016 6 MSJ Opposition Oct. 6, 2016 7 Rebuttal Expert Reports Oct. 13, 2016 8 MSJ Reply Oct. 13, 2016 MSJ Hearing Date Oct. 27, 2016 9 Reply Expert Reports Nov. 4, 2016 10 Expert Discovery Close Nov. 23, 2016 11 Settlement Conference Dec. 5, 2016 12 Pretrial Conference Jan. 17, 2017 13 Bench Trial Date Jan. 30, 2017 14 SO STIPULATED: 15 16 Dated: July 15, 2016 /s/ Eric D. Edmondson 17 Eric D. Edmondson 18 Counsel for Plaintiff Federal Trade Commission 19 20 Dated: July 15, 2016 /s/ Chad S. Hummel 21 Chad S. Hummel Counsel for Defendants DIRECTV and 22 DIRECTV, LLC 23 24 25 26 27 28 STIPULATED MOTION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES Case No. 15-cv-01129-HSG 4 1 Attestation pursuant to Local Rule 5.1(i)(3) 2 Pursuant to Local Rule 5.1(i)(3), I attest that concurrence in the filing of this document has been 3 obtained from all Signatories to this document. 4 5 /s/ Eric D. Edmondson Eric D. Edmondson 6 Counsel for Plaintiff Federal Trade Commission 7 8 [PROPOSED] ORDER 9 10 PURSUANT TO STIPULATION, IT IS SO ORDERED. 11 12 Dated: _______________________ 7/19/2016 ___________________________________ HON. HAYWOOD S. GILLIAM, JR. 13 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATED MOTION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES Case No. 15-cv-01129-HSG 5