Federal Trade Commission v. DIRECTV, Inc. et al

Filing 105

ORDER by Judge Haywood S. Gilliam, Jr. Granting 104 Stipulation Re 101 Clerk's Notice, Joint Stipulation and [Proposed] Order Continuing Case Management Conference. (ndrS, COURT STAFF) (Filed on 2/11/2016)

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,

12
13
14
15
16
17
18

Plaintiff,

Case No. 3:15-cv-01129 HSG
Assigned to the Hon. Haywood S. Gilliam, Jr.

v.

Referral to the Hon. Maria-Elena James

DIRECTV, a corporation,
and

JOINT STIPULATION AND ORDER
CONTINUING CASE MANAGEMENT
CONFERENCE

DIRECTV, LLC, a limited liability
company,

Complaint Filed:
Trial Date:

March 11, 2015
December 5, 2016

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

respectfully request as follows:
1.

4
5

Extending Case Deadlines. [Dkt. No. 100].
2.

6
7

On February 9, 2016, the Clerk gave notice that a Case Management Conference has

been set for February 16, 2016, at 2:00 p.m. [Dkt. No. 101].
3.

8
9

On February 8, 2016, the parties filed their Joint Stipulation and [Proposed] Order

Chad Hummel, lead trial counsel for DIRECTV, will be in trial on February 16, 2016,

in the matter captioned as Mount Olympus Mortgage Co. v. Benjamin Anderson, et al., Case No. 30-

10

2014-00729438-CU-BT-CJC in the Superior Court of the State of California, for the County of

11

Orange (Hon. Craig Griffin presiding). The trial days in that matter are Tuesday through Thursday.

12

In addition, lead trial counsel for the FTC will be out-of-town during the week of February 15, 2016,

13

although he could return for a hearing if necessary.
4.

14

DIRECTV has asked the FTC if it is available for the Case Management Conference

15

on Monday, February 22, 2016 and whether it would agree to continue the Case Management

16

Conference to that date. Eric Edmondson, lead trial counsel for the FTC, stated that he is available

17

on February 22, 2016.
5.

18

Accordingly, in order to allow lead trial counsel to appear for the Case Management

19

Conference, the parties hereby agree and respectfully request that this Court continue the Case

20

Management Conference to Monday, February 22, 2016, at 2:00 p.m., or as soon thereafter as the

21

matter may be heard before the Court.
6.

22

This is the first time the parties have requested that the Case Management Conference

23

be continued. The Court has previously continued (a) the deadline for the FTC to move to strike

24

DIRECTV’s affirmative defenses [Dkt. No. 23]; (b) the deadline for the FTC to file a response to

25

DIRECTV’s Motion for Partial Summary Judgment [Dkt. No. 64]; (c) the deadline for DIRECTV to

26

file a reply in support of its Motion for Partial Summary Judgment [Dkt. Nos. 64, 87]; and (d) the

27

hearing date on DIRECTV’s Motion for Partial Summary Judgment [see Dkt. Nos. 64, 87, 99].

28

//
1
STIPULATION AND [PROPOSED] ORDER
3:15-CV-01129

1

Dated: February 11, 2016
SIDLEY AUSTIN LLP

2
3

By: /s/ Chad S. Hummel
Chad S. Hummel
Attorneys for Defendants
DIRECTV and DIRECTV, LLC

4
5
6

Dated: February 11, 2016
FEDERAL TRADE COMMISSION

7
8

By: /s/ Eric D. Edmondson
Eric D. Edmondson
Attorneys for Plaintiff

9
10
11

Filer’s Attestation: Pursuant to Local Rule 5-1(i)(3), regarding signatures, Chad S. Hummel

12

hereby attests that concurrence in the filing of this document has been obtained from Eric D.

13

Edmondson.

14

____________________________________________________________________________
ORDER

15
16

PURSUANT TO STIPULATION, IT IS ORDERED EXCEPT THAT:

17

a.

The Case Management Conference is continued to March 4, 2016 at 10:00 a.m.

18
19
20

Dated: February 11, 2016

___________________________________
Honorable Haywood S. Gilliam, Jr.

21
22
23
24
25
26
27
28
2
STIPULATION AND [PROPOSED] ORDER
3:15-CV-01129