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 {{97}} Stipulation Re: Summary Judgment Hearing Date.

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1 Counsel Listed on Signature Page 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN FRANCISCO DIVISION 11 FEDERAL TRADE COMMISSION, Case No. 3:15-cv-01129 HSG 12 Plaintiff, Assigned to the Hon. Haywood S. Gilliam, Jr. 13 v. Referral to the Hon. Maria-Elena James 14 DIRECTV, a corporation, JOINT STIPULATION AND [PROPOSED] 15 ORDER CONTINUING HEARING DATE and ON MOTION FOR PARTIAL SUMMARY 16 JUDGMENT DIRECTV, LLC, a limited liability 17 company, Complaint Filed: March 11, 2015 Trial Date: December 5, 2016 18 Defendants. 19 20 21 22 23 24 25 26 27 28 STIPULATION AND [PROPOSED] ORDER 3:15-CV-01129 1 Pursuant to Local Rule 6-2 and 7-12, Defendants DIRECTV and DIRECTV, LLC 2 (collectively "DIRECTV") and Plaintiff Federal Trade Commission ("FTC"), hereby stipulate and 3 agree as follows: 4 1. DIRECTV's Motion for Partial Summary Judgment (Dkt. 53, the "Motion") is fully 5 briefed and scheduled for hearing on February 25, 2016. 6 2. Due to DIRECTV's lead trial counsel's unavailability on February 25, 2016, and with 7 agreement from the FTC, the parties respectfully request that the hearing be continued until March 4, 8 2016. 9 3. Chad Hummel, lead trial counsel for DIRECTV, will be in trial on February 25, 2016, 10 in the matter captioned as Mount Olympus Mortgage Co. v. Benjamin Anderson, et al., Case No. 30- 11 2014-00729438-CU-BT-CJC in the Superior Court of the State of California, for the County of 12 Orange (Hon. Craig Griffin presiding). 13 4. At the time the hearing on the Motion was set, Judge Griffin had a different trial 14 schedule that would have allowed Mr. Hummel to argue the motion on February 25, 2015. 15 5. DIRECTV has asked the FTC if it is available for a hearing on March 4, 2016 and 16 whether it would agree to request a continuance to that date. Eric Edmondson, lead trial counsel for 17 the FTC, stated that he is available on March 4, 2016 and that the FTC agrees to make the request. 18 6. Accordingly, the parties hereby agree and stipulate and respectfully request that this 19 Court continue the hearing date on the Motion for Partial Summary Judgment to Friday, March 4, 20 2016, at 2:00 p.m., or as soon thereafter as the matter may be heard before the Court. 21 7. The parties recognize that Your Honor does not normally conduct hearings on Fridays 22 and that they are requesting an exception to Your Honor's normal procedures. 23 8. This will be the third time the hearing on the Motion for Partial Summary Judgment 24 has been continued. The Court previously continued the hearing on October 21, 2015, when it 25 granted the FTC's Motion for Extension of Time to File Response/Reply to the Motion for Partial 26 Summary Judgment. [Dkt. No. 64]. The hearing was continued again on December 9, 2015, after 27 the Court granted the parties' stipulation to continue the hearing to allow time for additional 28 discovery. [Dkt. No. 87]. 1 STIPULATION AND [PROPOSED] ORDER 3:15-CV-01129 1 Dated: February 3, 2016 2 SIDLEY AUSTIN LLP 3 4 By: /s/ Chad S. Hummel Chad S. Hummel 5 Attorneys for Defendants DIRECTV and DIRECTV, LLC 6 7 Dated: February 3, 2016 FEDERAL TRADE COMMISSION 8 9 By: /s/ Eric D. Edmondson 10 Eric D. Edmondson Attorneys for Plaintiff 11 Filer's Attestation: Pursuant to Local Rule 5-1(i)(3), regarding signatures, the filer hereby 12 attests that concurrence in the filing of this document has been obtained from all signatories. 13 ____________________________________________________________________________ 14 [PROPOSED] ORDER 15 PURSUANT TO STIPULATION, IT IS ORDERED THAT: 16 a. The hearing on the Motion for Partial Summary Judgment is continued to March 4, 17 10:00p.m. 2016, at 2:00 a.m. 18 19 Dated: February __, 4 2016 ___________________________________ 20 Honorable Haywood S. Gilliam, Jr. 21 22 23 24 25 26 27 28 2 STIPULATION AND [PROPOSED] ORDER 3:15-CV-01129