Federal Trade Commission v. DIRECTV, Inc. et al

Filing 185

ORDER by Judge Haywood S. Gilliam, Jr. Granting 182 Stipulation To Extend Time for Rebuttal and Reply Expert Reports and Expert Discovery. (ndrS, COURT STAFF) (Filed on 9/28/2016)

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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]
Raymond E. McKown, Cal. Bar No. 150975
Stacy Procter, Cal. Bar No. 221078
Kenneth H. Abbe, Cal. Bar No. 172416
10877 Wilshire Blvd., Suite 700
Los Angeles, CA 90024
[phone] / [phone] (fax)
[e-mail]; [e-mail];
[e-mail]
Attorneys for Plaintiff
Federal Trade Commission

Chad S. Hummel, SBN 139055
[e-mail]
Mark D. Campbell, SBN 180528
[e-mail]
Bridget S. Johnsen, SBN 210778
[e-mail]
SIDLEY AUSTIN LLP
1999 Avenue of the Stars, 17th Floor
Los Angeles, CA 90067
Telephone: [phone]
Facsimile: [phone]
Ryan M. Sandrock, SBN 251781
[e-mail]
SIDLEY AUSTIN LLP
555 California Street, Suite 2000
San Francisco, CA 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendants
DIRECTV and DIRECTV, LLC

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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FEDERAL TRADE COMMISSION,

Case No. 3:15-cv-01129 HSG

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Plaintiff,

Assigned to the Hon. Haywood S. Gilliam, Jr.

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v.
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DIRECTV, a corporation,

JOINT STIPULATION TO EXTEND TIME
FOR REBUTTAL AND REPLY EXPERT
REPORTS AND EXPERT DISCOVERY

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

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JOINT STIPULATION TO EXTEND TIME FOR EXPERT REPORTS AND DISCOVERY
3:15-CV-01129

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

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LLC (DIRECTV) jointly stipulate, pursuant to Civil Local Rules 6-1(b), 6-2 and 7-12, to extend the

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time for expert rebuttal and reply reports and for the close of expert discovery.

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On September 16, 2016, both sides served their opening expert reports; the FTC served five

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expert reports and DIRECTV served three expert reports. As currently scheduled, the deadline for

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(i) expert rebuttal reports is October 13, 2016; (ii) expert reply reports is November 4, 2016; and (iii)

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the close of expert discovery is November 23, 2016 (Dkt. 159).

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There are a number of experts and the expert reports are voluminous, and, therefore, the

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number of depositions that need to be taken is high. Both sides therefore would benefit from more

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time to prepare rebuttal and reply reports and more flexibility in scheduling the depositions of these

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experts. In addition, experts and counsel are also confronting scheduling difficulties in the month of

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October due to the upcoming Jewish High Holidays of Rosh Hashanah, beginning on the evening of

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October 2 and continuing to the evening of October 4, and Yom Kippur, beginning on the evening of

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October 11 and continuing to the evening of October 12.

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The parties have conferred with each other and their experts about scheduling and have

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arrived at an agreement satisfactory to all. The proposed modification to the schedule would have

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no effect on any other deadlines in this case.

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There have been the following modifications to the schedule in this case: (a) Dkt. No. 23,

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April 17, 2015 (granting stipulated request for an extension of time for the FTC to file motion to

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strike Defendants’ affirmative defenses); (b) Dkt. No. 64, October 21, 2015 (granting motion for

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extension of time for the FTC to respond to DIRECTV’s motion for partial summary judgment); (c)

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Dkt. No. 87, December 9, 2015 (granting joint stipulation to extend DIRECTV’s time to file its reply

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brief in support of its motion for partial summary judgment, and continuing hearing date on motion

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for partial summary judgment); (d) Dkt. No. 99, February 4, 2016 (granting stipulation continuing

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hearing date on motion for partial summary judgment); (e) Dkt. No. 105 (granting stipulation

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continuing Case Management Conference); (f) Dkt. No. 138, April 12, 2016 (granting stipulation to

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extend case deadlines, including fact and expert discovery, summary judgment briefing deadlines

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and hearing date, and trial date); (g) Dkt. No. 159, July 19, 2016 (granting stipulation to extend case
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JOINT STIPULATION TO EXTEND TIME FOR EXPERT REPORTS AND DISCOVERY
3:15-CV-01129

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deadlines, including fact and expert discovery); and (h) Dkt. 181, September 26, 2016 (granting

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motion to extend time to file declaration in support of motion to file under seal).

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NOW THEREFORE, the parties, through the undersigned counsel, hereby stipulate to and
respectfully request the court enter the following schedule:

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Event
Rebuttal Reports
Reply Reports
Expert Discovery Close

Current Date
October 13, 2016
November 4, 2016
November 23, 2016

Proposed Date
October 21, 2016
November 14, 2016
December 2, 2016

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Dated: September 27, 2016

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

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FEDERAL TRADE COMMISSION
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By: /s/ Eric D. Edmondson
Eric D. Edmondson
Attorneys for Plaintiff
Federal Trade Commission

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Pursuant to Civil Local Rule 5-1(i), the filer attests that concurrence in the filing of this
document has been obtained from the signatories above.

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By: /s/ Chad S. Hummel
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ORDER

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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Dated: September 28, 2016

___________________________________
HON. HAYWOOD S. GILLIAM, JR.

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JOINT STIPULATION TO EXTEND TIME FOR EXPERT REPORTS AND DISCOVERY
3:15-CV-01129