Federal Trade Commission v. DIRECTV, Inc. et al

Filing 99

ORDER by Judge Haywood S. Gilliam, Jr. Granting 97 Stipulation Re: Summary Judgment Hearing Date. (ndrS, COURT STAFF) (Filed on 2/4/2016)

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Counsel Listed on Signature Page

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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,

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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,

JOINT STIPULATION AND [PROPOSED]
ORDER CONTINUING HEARING DATE
ON MOTION FOR PARTIAL SUMMARY
JUDGMENT

and
DIRECTV, LLC, a limited liability
company,

Complaint Filed:
Trial Date:

March 11, 2015
December 5, 2016

Defendants.

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

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Pursuant to Local Rule 6-2 and 7-12, Defendants DIRECTV and DIRECTV, LLC

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(collectively “DIRECTV”) and Plaintiff Federal Trade Commission (“FTC”), hereby stipulate and

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agree as follows:

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1.

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DIRECTV’s Motion for Partial Summary Judgment (Dkt. 53, the “Motion”) is fully

briefed and scheduled for hearing on February 25, 2016.
2.

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Due to DIRECTV’s lead trial counsel’s unavailability on February 25, 2016, and with

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agreement from the FTC, the parties respectfully request that the hearing be continued until March 4,

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2016.

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3.

Chad Hummel, lead trial counsel for DIRECTV, will be in trial on February 25, 2016,

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

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

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Orange (Hon. Craig Griffin presiding).

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4.

At the time the hearing on the Motion was set, Judge Griffin had a different trial

schedule that would have allowed Mr. Hummel to argue the motion on February 25, 2015.
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DIRECTV has asked the FTC if it is available for a hearing on March 4, 2016 and

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whether it would agree to request a continuance to that date. Eric Edmondson, lead trial counsel for

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the FTC, stated that he is available on March 4, 2016 and that the FTC agrees to make the request.

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6.

Accordingly, the parties hereby agree and stipulate and respectfully request that this

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Court continue the hearing date on the Motion for Partial Summary Judgment to Friday, March 4,

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2016, at 2:00 p.m., or as soon thereafter as the matter may be heard before the Court.

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7.

The parties recognize that Your Honor does not normally conduct hearings on Fridays

and that they are requesting an exception to Your Honor’s normal procedures.
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This will be the third time the hearing on the Motion for Partial Summary Judgment

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has been continued. The Court previously continued the hearing on October 21, 2015, when it

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granted the FTC’s Motion for Extension of Time to File Response/Reply to the Motion for Partial

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Summary Judgment. [Dkt. No. 64]. The hearing was continued again on December 9, 2015, after

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the Court granted the parties’ stipulation to continue the hearing to allow time for additional

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discovery. [Dkt. No. 87].
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STIPULATION AND [PROPOSED] ORDER
3:15-CV-01129

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Dated: February 3, 2016
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SIDLEY AUSTIN LLP

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

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Dated: February 3, 2016
FEDERAL TRADE COMMISSION

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

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Filer’s Attestation: Pursuant to Local Rule 5-1(i)(3), regarding signatures, the filer hereby
attests that concurrence in the filing of this document has been obtained from all signatories.

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____________________________________________________________________________
[PROPOSED] ORDER

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PURSUANT TO STIPULATION, IT IS ORDERED THAT:

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a.

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The hearing on the Motion for Partial Summary Judgment is continued to March 4,
10:00 a.m.
2016, at 2:00 p.m.

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Dated: February __, 2016
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___________________________________
Honorable Haywood S. Gilliam, Jr.

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