Federal Trade Commission v. DIRECTV, Inc. et al

Filing 103

Discovery Order re: 102 Discovery Letter Brief filed by Federal Trade Commission. Signed by Judge Maria-Elena James on 2/11/2016. (cdnS, COURT STAFF) (Filed on 2/11/2016)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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FEDERAL TRADE COMMISSION,

Case No. 15-cv-01129-HSG (MEJ)

Plaintiff,
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DISCOVERY ORDER

v.

Re: Dkt. No. 102

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DIRECTV, INC., et al.,
Defendants.

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Pending before the Court is the parties’ discovery letter concerning Plaintiff Federal Trade
Commission’s (the “FTC”) request to compel Defendants DIRECTV and DIRECTV, LLC

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United States District Court
Northern District of California

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(“Defendants”) to respond to its Interrogatory Request 10, which seeks the following: “Identify

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each Person for whom or on whose behalf DIRECTV has paid any fees or costs for legal

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representation in connection with this action.” Jt. Ltr. at 1, Dkt. No. 102. The FTC explains that

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Defendants have produced only 38 documents in response to its requests for production, and the

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FTC has therefore subpoenaed that evidence from nonparties that do business with Defendants.

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Id. However, after the FTC issued the subpoenas, Defendants’ counsel, Sidley Austin LLP, took

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over representation of the nonparties. Id. The FTC argues information regarding the breadth of

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nonparty representation coverage by Sidley is relevant because it raises concerns about

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Defendants’ influence over the nonparties. Id. at 2. However, as the FTC admits, it does not seek

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to compel any nonparty’s production through this request. Id. If the FTC claims nonparties are

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improperly withholding documents, it should first seek to compel disclosure from those

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nonparties, as any influence Defendants have over the nonparties is not at issue if the FTC is able

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to obtain the discovery to which it is entitled. Accordingly, the Court DENIES the FTC’s request

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without prejudice.

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IT IS SO ORDERED.
Dated: February 11, 2016
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MARIA-ELENA JAMES
United States Magistrate Judge