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 {{297}} Stipulation Permitting the Parties to Bring Additional Technology into the Courthouse.

Interested in this case?

Current View

Full Text

1 Jeff Tillotson, SBN 139372 Eric D. Edmondson, D.C. Bar NO. 450294 jtillotson@TillotsonLaw.com Erika Wodinsky, Cal. Bar NO. 091700 2 Tillotson Law Boris Yankilovich, Cal. Bar NO. 257887 750 North Saint Paul, Suite 600 Jacob A. Snow, Cal. Bar NO. 270988 3 Dallas, TX 75201 901 Market Street, Suite 570 Telephone: (214) 382-3040 San Francisco, CA 94103 4 (415) 848-5100/(415) 848-5184 (fax) Pete Marketos, Pro Hac Vice eedmondson@ftc.gov; ewodinsky@ftc.gov; 5 pete.marketos@rgmfirm.com byankilovich@ftc.gov; jsnow@ftc.gov Reese Gordon Marketos LLP 6 750 North Saint Paul, Suite 600 Raymond E. McKown, Cal. Bar NO. 150975 Dallas, TX 75201 Stacy Procter, Cal. Bar NO. 221078 7 Telephone: (214) 382-9810 Kenneth H. Abbe, Cal. Bar NO. 172416 10877 Wilshire Blvd., Suite 700 8 Chad S. Hummel, SBN 139055 Los Angeles, CA 90024 chummel@sidley.com (310) 824-4343/(310) 824-4380 (fax) 9 Mark D. Campbell, SBN 180528 rmckown@ftc.gov; sprocter@ftc.gov; mcampbell@sidley.com kabbe@ftc.gov 10 Bridget S. Johnsen, SBN 210778 bjohnsen@sidley.com Attorneys for Plaintiff 11 Ryan M. Sandrock, SBN 251781 Federal Trade Commission rsandrock@sidley.com 12 SIDLEY AUSTIN LLP 555 California Street, Suite 2000 13 San Francisco, CA 94104 Telephone: (415) 722-1200 14 Facsimile: (415) 772-7400 15 Attorneys for Defendants DIRECTV and DIRECTV, LLC 16 17 UNITED STATES DISTRICT COURT 18 NORTHERN DISTRICT OF CALIFORNIA 19 SAN FRANCISCO DIVISION 20 FEDERAL TRADE COMMISSION, Case No. 3:15-cv-01129 HSG 21 Plaintiff, Assigned to the Hon. Haywood S. Gilliam, Jr. 22 v. STIPULATION AND ORDER 23 PERMITTING THE PARTIES TO BRING DIRECTV, a corporation, and DIRECTV, ADDITIONAL TECHNOLOGY INTO THE 24 LLC, a limited liability company, COURTHOUSE 25 Defendants. 26 27 28 STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL TECHNOLOGY INTO THE COURTHOUSE CASE NO. 3:15-CV-01129 HSG 1 Pursuant to Civil Local Rule 7-12 and the conference with the Court on February 3, 2017, 2 the Federal Trade Commission ("FTC") and Defendants DIRECTV and DIRECTV, LLC 3 (collectively "DIRECTV") hereby stipulate and jointly request an order permitting the parties to 4 bring into the Courthouse additional technology and equipment for use during trial. 1 5 During trial, both the FTC and DIRECTV intend to introduce exhibits including, among 6 other things, numerous print ads in various shapes and sizes and multiple iterations of DIRECTV's 7 website (including still captures, video captures, and interactive versions). 8 On February 3, 2017, the parties' respective counsel and technology personnel tested the 9 courtroom trial technology and discovered certain issues that the parties believe may impede their 10 ability to efficiently present various evidence to the Court. First, as mentioned above, during 11 witness examinations, the parties may use exhibits in the form of electronic documents, videos, or 12 interactive websites. Without the previously requested switches, the parties cannot efficiently 13 switch between the various media needed to display differently formatted exhibits. Second, in 14 DIRECTV's view, the resolution of the courtroom monitors diminishes the visibility of the 15 advertising. As an example (again only in DIRECTV's view), when attempting to display print 16 ads in a digital form, certain text is distorted and unreadable on the courtroom monitors. 2 Finally, 17 the touchscreen monitor located at the witness stand currently displays the picture slightly off- 18 center, which means that the witness cannot always see the full exhibit. And if the witness 19 attempts to utilize the touchscreen annotations to draw on the screen, the annotations appear in a 20 different location (i.e., offset from where the witness touched) on the monitors in the Courtroom. 21 22 1 On January 30, 2017, the parties filed a Stipulation and Proposed Order Permitting the Parties to 23 Bring Additional Technology into the Courthouse. [Dkt. No. 288]. The Court granted, in part, and denied, in part, the parties' requested additional technology. [Dkt. No. 290]. On February 3, 2017, 24 the parties tested the Courtroom's technology and raised certain issues discovered therewith during a telephonic conference with the Court. The Court permitted the parties to file this joint stipulation 25 to address the same. [Dkt. No. 294]. 2 DIRECTV plans to introduce exemplar print ads into evidence in the size and form disseminated 26 to potential consumers. However, DIRECTV understands that the Court's preference, as stated to the parties, is to view the various exhibits in electronic format. Additionally, given the hundreds of 27 different print ads at issue, it is cost prohibitive to DIRECTV to print every single ad in the correct size and format. 28 1 STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL TECHNOLOGY INTO THE COURTHOUSE CASE NO. 3:15-CV-01129 HSG 1 The Court's technology personnel were not able to fix that problem before the trial-date 2 continuance was announced on Friday morning. 3 The parties appreciate the Court's concern regarding technology compatibility, 4 seamlessness, efficiency, and the Court's ability to run the remainder of its docket using its 5 existing technology without interruption from this case. Therefore, the parties request permission 6 to bring in the following additional technology and equipment, which will operate independently 7 from the Court's existing system: 8 (1) One 4x8 switch/distribution amplifier; 9 (2) Two 4x1 switches; 10 (3) One speaker system; 11 (4) Seven 19-inch High Resolution Monitors for the bench (1), witness stand (1), 12 counsel tables (2 for each side), and lecterns (1); 13 (5) One LCD projector and stand; and 14 (6) One projector screen. 15 The parties further jointly request access to the courtroom for purposes of setting up and testing the 16 technology on Friday, March 3, 2017. All equipment and necessary wiring will be placed in a 17 manner so as not to interfere with other activities in the Courtroom when trial is not in session and 18 to avoid any unsafe condition. The parties remain mindful of the Court's docket and resources and 19 will do their utmost to reduce interruption and inconvenience. 20 SO STIPULATED: 21 Dated: February 10, 2017 22 By:/s/ Jacob Snow Jacob A. Snow 23 Counsel for Plaintiff Federal Trade Commission 24 Dated: February 10, 2017 25 By: /s/ Pete Marketos Jeff Tillotson 26 Pete Marketos Chad Hummel 27 Counsel for Defendants DIRECTV and DIRECTV, LLC 28 2 STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL TECHNOLOGY INTO THE COURTHOUSE CASE NO. 3:15-CV-01129 HSG 1 2 3 SIGNATURE ATTESTATION 4 I am the ECF User whose identification and password are being used to file the foregoing 5 Stipulation and [Proposed] Order Permitting the Parties to Bring Additional Technology into the 6 Courthouse in compliance with Civil Local Rule 5-1(i)(3), I hereby attest that the signatory has 7 concurred in this filing. 8 Dated: February 10, 2017 SIDLEY AUSTIN LLP 9 10 By: 11 /s/ Ryan M. Sandrock Ryan M. Sandrock 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL TECHNOLOGY INTO THE COURTHOUSE CASE NO. 3:15-CV-01129 HSG 1 PURSUANT TO STIPULATION, IT IS SO ORDERED. 2 3 Dated: February 21, 2017 __________________________________ HON. HAYWOOD S. GILLIAM, JR. 4 United States District Judge 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL TECHNOLOGY INTO THE COURTHOUSE CASE NO. 3:15-CV-01129 HSG