Lippincott v. DIRECTV, Inc. et al

Filing 13

ORDER GRANTING re 12 Stipulation for Extension of Time to Respond to Complaint filed by DIRECTV, Inc., DIRECTV Holdings LLC. Signed by Chief Magistrate Judge Joseph C. Spero on 11/12/15. (klhS, COURT STAFF) (Filed on 11/12/2015)

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1 2 3 4 5 6 7 Melissa D. Ingalls (State Bar No. 174861) melissa.ingalls@kirkland.com Robyn E. Bladow (State Bar No. 205189) robyn.bladow@kirkland.com Tammy A. Tsoumas (State Bar No. 250487) tammy.tsoumas@kirkland.com KIRKLAND & ELLIS LLP 333 South Hope Street Los Angeles, California 90071 Telephone: (213) 680-8400 Facsimile: (213) 680-8500 Attorneys for Defendants DIRECTV, Inc. and DIRECTV Holdings LLC 8 9 UNITED STATES DISTRICT COURT 10 NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO) 11 12 ROBERT GARY LIPPINCOTT, JR., individually, and on behalf of all others similarly situated, 13 Plaintiff, 14 15 v. DIRECTV, INC., and DIRECTV HOLDINGS LLC, 16 Defendants. 17 18 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 3:15-cv-05096-JCS STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT PURSUANT TO LOCAL RULE 6-1 Hearing Date: N/A Time: N/A Case Filed: November 6, 2015 Trial Date: TBD 19 20 WHEREAS, on October 6, 2015, Plaintiff Robert Gary Lippincott, Jr. (“Plaintiff”) filed a 21 Complaint against DIRECTV, Inc. and DIRECTV Holdings LLC (“DIRECTV”) in the Superior 22 Court of the State of California for the County of Sonoma, and on October 7, 2015, served 23 DIRECTV with that Complaint; 24 25 26 WHEREAS, on November 6, 2015, DIRECTV filed a notice of removal of this action to the United States District Court for the Northern District of California; WHEREAS, in civil actions now pending in the Central District of California and in the 27 Southern District of New York (“Related Actions”), other plaintiffs have challenged DIRECTV’s 28 exclusive NFL Sunday Ticket product under federal antitrust laws; 1 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Case No. 3:15-cv-05096-JCS 1 WHEREAS, on August 27, 2015, one of the federal plaintiffs, pursuant to 28 U.S.C. § 1407, 2 filed a motion for centralization to transfer the Related Actions to the United States District Court for 3 the Central District of California with the United States Judicial Panel on Multidistrict Litigation 4 (“JPML”), opening MDL No. 2668; 5 WHEREAS, DIRECTV has reached an agreement with plaintiffs in all other cases currently 6 included as a related or tag-along action in MDL No. 2668 to extend DIRECTV’s time to answer, 7 move, or otherwise plead in response to the complaints in such actions until no less than 45 days 8 after the JPML rules in MDL No. 2668 and plaintiffs have either filed or designated the operative 9 complaint(s) in the District to which the JPML assigns the Related Actions; 10 11 WHEREAS, Plaintiff has informed DIRECTV that it intends to file a motion to remand this action (which DIRECTV will oppose); 12 WHEREAS, Plaintiff and DIRECTV agree that DIRECTV’s time to answer, move, or 13 otherwise plead in response to any forthcoming operative complaint filed by Plaintiff shall be 14 extended until 45 days after the JPML rules in MDL No. 2668 and Plaintiff has either filed or 15 designated the operative complaint(s) in the District to which the JPML assigns the Related Actions, 16 or, in the event Plaintiff’s motion to remand is granted, then DIRECTV’s time to answer, move, or 17 otherwise plead in response to Plaintiff’s complaint shall be extended until 14 days after the order 18 granting Plaintiff’s motion to remand is entered by the presiding court; 19 WHEREAS, in the event that proceedings in MDL No. 2668 are terminated without a ruling, 20 the parties agree that DIRECTV’s time to answer, move, or otherwise plead in response is hereby 21 extended until 45 days after Plaintiff has either filed or designated the operative complaint(s) in 22 connection with the termination of proceedings in MDL No. 2668, or, in the event Plaintiff’s motion 23 to remand is granted, then DIRECTV’s time to answer, move, or otherwise plead in response to 24 Plaintiff’s complaint shall be extended until 14 days after the order granting Plaintiff’s motion to 25 remand is entered by the presiding court; 26 27 28 WHEREAS, the parties agree that Plaintiff shall have 45 days to respond to any motion(s) that may be made by DIRECTV directed to Plaintiff’s operative complaint(s); WHEREAS, the parties agree that DIRECTV shall have 30 days after Plaintiff’s response(s) 2 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Case No. 3:15-cv-05096-JCS 1 to file any reply in support of any motion(s) that may be directed to Plaintiff’s operative 2 complaint(s); 3 WHEREAS, the parties agree that except as to the sufficiency of process or service of 4 process, the entry into this Stipulation by DIRECTV shall not constitute a waiver of any defenses 5 that may be available under Rule 12 of the Federal Rules of Civil Procedure, a waiver of any 6 affirmative defenses under Rule 8 of the Federal Rules of Civil Procedure, or a waiver of any other 7 statutory or common law defenses that may be available to DIRECTV; 8 9 10 11 WHEREAS, DIRECTV expressly reserves its rights to raise any such defenses, or file motions to compel arbitration, in response to any operative or amended complaint that may be filed by Plaintiff; NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, pursuant to Local 12 Rule 6-1, by and between Plaintiff and DIRECTV, by and through their undersigned counsel or 13 counsel acting on their behalf, that DIRECTV’s time to answer, move, or otherwise plead in 14 response to Plaintiff’s Complaint is extended until 45 days after either (i) the JPML rules in MDL 15 No. 2668 and Plaintiff has either filed or designated the operative complaint in the District to which 16 the JPML assigns the Related Actions; or (ii) MDL No. 2668 is terminated without a ruling and 17 Plaintiff has either filed or designated the operative complaint in connection with the termination of 18 proceedings in MDL No. 2668. Notwithstanding the foregoing, in the event Plaintiff’s motion to 19 remand is granted, then DIRECTV’s time to answer, move, or otherwise plead in response to 20 Plaintiff’s Complaint is extended until 14 days after the order granting Plaintiff’s motion to remand 21 is entered by the presiding court. 22 IT IS HEREBY FURTHER STIPULATED AND AGREED that the entry into this 23 stipulation by DIRECTV shall not constitute a waiver of any defenses except for insufficiency of 24 process or insufficiency of service of process. For the avoidance of doubt, DIRECTV expressly 25 reserves its rights to raise any other defenses, or file motions to compel arbitration, in response to 26 Plaintiff’s complaint and any forthcoming operative complaint that may be filed in the Related 27 Actions. 28 3 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Case No. 3:15-cv-05096-JCS 1 2 KIRKLAND & ELLIS LLP Dated: November 9, 2015 3 /s/ Robyn E. Bladow Robyn E. Bladow 4 Attorneys for DIRECTV, Inc. and DIRECTV Holdings LLC 5 6 7 Dated: November 9, 2015 ZIMMERMAN REED, LLP 8 /s/ Caleb Marker Caleb Marker 9 10 555 East Ocean Boulevard, Suite 500 Long Beach, California 90802 Telephone: (877) 500-8780 Facsimile: (877) 500-8781 E-Mail: caleb.marker@zimmreed.com 11 12 13 Counsel for Robert Gary Lippincott, Jr. S LI ER R NIA Spero H 20 Judge Jo RT 19 seph C. NO 18 D RDERE OO IT IS S A 17 Dated: November 12, 2015 UNIT ED 16 RT U O 15 S DISTRICT TE C TA FO 14 N F D IS T IC T O R C 21 22 23 24 25 26 27 28 4 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Case No. 3:15-cv-05096-JCS 1 2 3 SIGNATURE CERTIFICATION Pursuant to L.R. 5-1(i)(3), I hereby attest that concurrence in the content and the filing of this document has been obtained from the other Signatory listed. 4 5 Dated: November 9, 2015 KIRKLAND & ELLIS LLP 6 /s/ Robyn E. Bladow Robyn E. Bladow 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Case No. 3:15-cv-05096-JCS 1 2 3 4 CERTIFICATE OF SERVICE I hereby certify that on November 9, 2015, I electronically filed the foregoing document with the Clerk of the Court using the CM/ECF system, which will automatically send an e-mail notification of such filing to the attorneys of record who are registered CM/ECF users. 5 Furthermore, the document was served on the following parties who are not ECF participants 6 7 8 9 10 11 12 13 14 by U.S. First Class Mail: Jason R. Lee Zimmerman Reed, LLP 1100 IDS Center, 80 South 8th Street Minneapolis, MN 55402 Telephone: 612) 341-0400 Email: brian.gudmundson@zimmreed.com Email: Jason.lee@zimmreed.com Arthur M. Murray Murray Law Firm 650 Poydras Street, Suite 2150 New Orleans, LA 70130 Telephone: (504) 525-8100 Email: amurray@murray-lawfirm.com Counsel for Plaintiff Robert Gary Lippincott, Jr. Executed on November 9, 2015, at Los Angeles, California. KIRKLAND & ELLIS LLP 15 16 17 18 /s/ Robyn E. Bladow Robyn E. Bladow Attorneys for DIRECTV, Inc. and DIRECTV Holdings LLC 19 20 21 22 23 24 25 26 27 28 6 STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT Case No. 3:15-cv-05096-JCS

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