Federal Trade Commission v. DIRECTV, Inc. et al

Filing 159

ORDER by Judge Haywood S. Gilliam, Jr. Granting 154 Stipulation to extend discovery deadlines. (ndrS, COURT STAFF) (Filed on 7/19/2016)

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Eric D. Edmondson, D.C. Bar No. 450294
Erika Wodinsky, Cal. Bar No. 091700
Jacob A. Snow, Cal. Bar No. 270988
Boris Yankilovich, Cal Bar No. 257887
901 Market Street, Suite 570,
San Francisco, CA 94103
[phone] / [phone] (fax)
[e-mail]; [e-mail];
[e-mail]; [e-mail]

Chad S. Hummel, SBN 139055
[e-mail]
Clayton S. Friedman, SBN 245513
[e-mail]
Mark D. Campbell, SBN 180528
[e-mail]
Michael Yaghi, SBN 202720
[e-mail]
SIDLEY AUSTIN LLP
1999 Avenue of the Stars, 17th Floor
Raymond E. McKown, Cal. Bar No. 150975 Los Angeles, CA 90067
Stacy Procter, Cal. Bar No. 221078
Telephone: [phone]
Kenneth H. Abbe, Cal. Bar No. 172416
Facsimile: [phone]
10877 Wilshire Blvd., Suite 700
Ryan M. Sandrock, SBN 251781
Los Angeles, CA 90024
[e-mail]
[phone] / [phone] (fax)
SIDLEY AUSTIN LLP
[e-mail]; [e-mail];
[e-mail]
555 California Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Attorneys for Plaintiff
Facsimile: [phone]
Federal Trade Commission

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Attorneys for Defendants
DIRECTV and DIRECTV, LLC

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
SAN FRANCISCO DIVISION

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FEDERAL TRADE COMMISSION,
Plaintiff,

Case No. 15-cv-01129-HSG

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v.

Hon. Haywood S. Gilliam, Jr.

DIRECTV,
a corporation,
and
DIRECTV, LLC,
a limited liability company,
Defendants.

STIPULATED MOTION AND
[PROPOSED] ORDER TO EXTEND
DISCOVERY DEADLINES

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Plaintiff Federal Trade Commission (“FTC”) and Defendants DIRECTV and DIRECTV,

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LLC (collectively, “DIRECTV”), jointly move the Court to extend the discovery deadlines in

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this matter in order to allow the parties sufficient time to complete fact discovery. The parties’

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proposed revised schedule would not alter the current dates for summary judgment or trial.

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I.

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The parties jointly propose the following revisions to the current case schedule (Dkt. No.

The Parties’ Proposed Schedule

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138) in order to allow sufficient time to complete a number of outstanding depositions and to

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review recently produced and soon-to-be produced materials. This proposal continues the

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deadline for fact discovery by three weeks, extends expert discovery by two weeks, and moves

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the settlement conference to December 5, 2016, or as soon thereafter as practicable for Judge

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Spero. (See Dkt. No. 140.)

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Current Schedule
(Dkt. No. 138)

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The Parties’ Proposal

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Fact Discovery Closes

July 22, 2016

Aug. 12, 2016

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Opening Expert Reports

Sept. 2, 2016

Sept. 16, 2016

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MSJ Filing

Sept. 22, 2016

No Change

Rebuttal Expert Reports

Sept. 30, 2016

Oct. 13, 2016

MSJ Opposition

Oct. 6, 2016

No Change

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MSJ Reply

Oct. 13, 2016

No Change

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Reply Expert Reports

Oct. 21, 2016

Nov. 4, 2016

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MSJ Hearing Date

Oct. 27, 2016

No Change

Expert Discovery Close

Nov. 10, 2016

Nov. 23, 2016

Settlement Conference

Nov. 18, 2016

Dec. 5, 2016

Pretrial Conference

Jan. 17, 2017

No Change

Bench Trial Date

Jan. 30, 2017

No Change

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STIPULATED MOTION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES
Case No. 15-cv-01129-HSG
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II.

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The parties have conducted considerable discovery to date:

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

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Discovery Taken to Date.

The FTC has produced over 133,000 pages of documents and DIRECTV has produced
over 384,302 pages of documents, plus an additional 1,829 audio files.



The FTC has sought documents from 22 third parties, including DIRECTV’s

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telemarketers, dealers, advertising agencies, and market research vendors; those

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companies have made substantial productions, with some productions ongoing.

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

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The parties have taken 29 depositions, and have noticed an additional nine depositions of
individuals and corporate designees.



The parties have brought 16 letter briefs to Judge James (Dkt. Nos. 56, 66, 70, 82, 89,

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106, 107, 113, 121, 127, 130, 142, 146, 148, 149 and 152.)

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III.

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The parties are requesting this extension of discovery deadlines for three principal

Reasons for the Proposed Extension.

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reasons. First, due to the unavailability of some witnesses, several depositions cannot be

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completed by July 22. Second, DIRECTV has produced a large volume of material over the past

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three weeks, including 1,829 recordings of sales calls. Third, several third parties have expressed

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an intention to produce additional documents to the FTC. The FTC needs a modest amount of

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additional time to complete its review of these recent and expected productions prior to the

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commencement of expert discovery, and both parties need time to complete noticed depositions.

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***

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IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE
PARTIES through their respective attorneys of record as follows:
WHEREAS, the parties require additional time to resolve discovery disputes and
conclude the necessary discovery,

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STIPULATED MOTION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES
Case No. 15-cv-01129-HSG
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THEREFORE, the parties have stipulated and agreed, and do hereby respectfully request
that the Court extend discovery deadlines and set the following deadlines:

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Fact Discovery Closes

Aug. 12, 2016

Opening Expert Reports

Sept. 16, 2016

MSJ Filing

Sept. 22, 2016

MSJ Opposition

Oct. 6, 2016

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Rebuttal Expert Reports

Oct. 13, 2016

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MSJ Reply

Oct. 13, 2016

MSJ Hearing Date

Oct. 27, 2016

Reply Expert Reports

Nov. 4, 2016

Expert Discovery Close

Nov. 23, 2016

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Settlement Conference

Dec. 5, 2016

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Pretrial Conference

Jan. 17, 2017

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Bench Trial Date

Jan. 30, 2017

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SO STIPULATED:

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Dated: July 15, 2016

/s/ Eric D. Edmondson
Eric D. Edmondson
Counsel for Plaintiff Federal Trade Commission

Dated: July 15, 2016

/s/ Chad S. Hummel
Chad S. Hummel
Counsel for Defendants DIRECTV and
DIRECTV, LLC

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STIPULATED MOTION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES
Case No. 15-cv-01129-HSG
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Attestation pursuant to Local Rule 5.1(i)(3)

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Pursuant to Local Rule 5.1(i)(3) , I attest that concurrence in the filing of this document has been

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obtained from all Signatories to this document.

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/s/ Eric D. Edmondson
Eric D. Edmondson
Counsel for Plaintiff Federal Trade Commission

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[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: _______________________
7/19/2016

___________________________________
HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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STIPULATED MOTION AND PROPOSED ORDER TO EXTEND DISCOVERY DEADLINES
Case No. 15-cv-01129-HSG
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