Federal Trade Commission v. DIRECTV, Inc. et al

Filing 301

ORDER by Judge Haywood S. Gilliam, Jr. Granting 300 Administrative Motion Requesting Leave To File Statements Regarding Certain Evidentiary Disputes. (ndrS, COURT STAFF) (Filed on 2/27/2017)

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1 2 3 4 5 6 7 8 9 10 11 12 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 (415) 848-5100 / (415) 848-5184 (fax) eedmondson@ftc.gov; ewodinsky@ftc.gov; jsnow@ftc.gov; byankilovich@ftc.gov 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 (310) 824-4343 / (310) 824-4380 (fax) rmckown@ftc.gov; sprocter@ftc.gov; kabbe@ftc.gov Attorneys for Plaintiff Federal Trade Commission Chad S. Hummel, SBN 139055 chummel@sidley.com Mark D. Campbell, SBN 180528 mcampbell@sidley.com Bridget S. Johnsen, SBN 210778 bjohnsen@sidley.com SIDLEY AUSTIN LLP 1999 Avenue of the Stars, 17th Floor Los Angeles, CA 90067 Telephone: (310) 595-2600 Facsimile: (310) 595-2601 Ryan M. Sandrock, SBN 251781 rsandrock@sidley.com SIDLEY AUSTIN LLP 555 California Street, Suite 2000 San Francisco, CA 94104 Telephone: (415) 722-1200 Facsimile: (415)772-7400 Attorneys for Defendants DIRECTV and DIRECTV, LLC 13 14 UNITED STATES DISTRICT COURT 15 NORTHERN DISTRICT OF CALIFORNIA 16 SAN FRANCISCO DIVISION 17 FEDERAL TRADE COMMISSION, Case No. 3:15-cv-01129-HSG 18 Plaintiff, Assigned to the Hon. Haywood S. Gilliam, Jr. 19 v. and STIPULATED MOTION FOR ADMINISTRATIVE RELIEF SEEKING LEAVE TO FILE STATEMENTS REGARDING CERTAIN EVIDENTIARY DISPUTES DIRECTV, LLC, a limited liability company, [Local Rules 7-11 and 7-12] 20 DIRECTV, a corporation, 21 22 23 24 Defendants. 25 26 27 28 STIPULATED MOTION FOR ADMINISTRATIVE RELIEF 3:15-CV-01129-HSG 1 Plaintiff Federal Trade Commission (“FTC”) and Defendants DIRECTV and DIRECTV, 2 LLC (“DIRECTV”) (collectively, the “parties”) jointly stipulate and request, pursuant to N.D. Cal. 3 Local Rules 7-11 and 7-12, leave to file statements in advance of trial regarding certain outstanding 4 evidentiary disputes. 5 In advance of trial, the parties have been meeting and conferring regularly regarding 6 outstanding evidentiary disputes, including the admissibility of the following categories of exhibits: 7 (1) Summary Exhibits under Federal Rule of Evidence 1006; (2) Print advertisements; (3) Webflows 8 from directv.com; (4) TV advertisements; (5) Pricing guides associated with DIRECTV service; (6) 9 Documents associated with the telephone-sales call process; (7) Sales- and retention-call recordings; 10 and (8) DIRECTV’s SEC Filings. The parties have also met and conferred about foundation 11 objections to documents. These meetings have been productive, and the parties anticipate filing a 12 stipulation requesting pre-admission of numerous exhibits on Tuesday, February 28, 2017, which 13 additionally would resolve some foundation objections. Nonetheless, there remain some evidentiary 14 disputes that will likely require resolution by the Court. 15 The parties are each requesting permission to file a five-page statement on Tuesday, February 16 28, 2017, setting forth their respective positions regarding preadmission of certain categories of 17 exhibits falling into categories that remain in dispute and DIRECTV’s foundation objections to 18 certain sponsors and exhibits. The parties believe that briefing these issues in advance of the trial 19 (although outside of the Court’s standard process) is beneficial for three reasons. First, it will 20 provide the Court with additional time to review each parties’ submission (compared with a 21 midnight filing set for a hearing the following morning). Second, it will reduce the issues to be 22 resolved on the first day of trial. Third, it will allow the Court to consider limited categories of 23 issues involving multiple exhibits. Finally, the Court could more efficiently resolve a category of 24 disputes that might otherwise arise repeatedly across multiple days of trial. 25 \\ 26 \\ 27 \\ 28 \\ 1 STIPULATED MOTION FOR ADMINISTRATIVE RELIEF 3:15-CV-01129-HSG NOW THEREFORE, the parties, through the undersigned counsel, hereby respectfully 1 2 request the Court’s permission to file separate five-page statements on Tuesday, February 28, 2017, 3 regarding seeking or opposing preadmission of exhibits falling into the broad categories, described 4 above. 5 Dated: February 24, 2017 SIDLEY AUSTIN LLP 6 By: /s/ Bridget S. Johnsen Bridget S. Johnsen Attorneys for Defendants DIRECTV and DIRECTV, LLC 7 8 9 FEDERAL TRADE COMMISSION 10 By: /s/ Jacob A. Snow Jacob A. Snow Attorneys for Plaintiff Federal Trade Commission 11 12 13 14 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. 15 By: /s/ Jacob A. Snow 16 [PROPOSED] ORDER 17 18 19 The parties’ stipulated administrative motion is GRANTED. DIRECTV and the FTC shall each file on Tuesday, February 28, 2017 a brief not exceeding five pages addressing the admissibility and foundation issues described above. 20 21 22 2/27/2017 Dated: _______________________ ___________________________________ HON. HAYWOOD S. GILLIAM, JR. 23 24 25 26 27 28 2 STIPULATED MOTION FOR ADMINISTRATIVE RELIEF 3:15-CV-01129-HSG

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