Lippincott v. DIRECTV, Inc. et al
Filing
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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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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
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA (SAN FRANCISCO)
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ROBERT GARY LIPPINCOTT, JR.,
individually, and on behalf of all others
similarly situated,
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Plaintiff,
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v.
DIRECTV, INC., and DIRECTV
HOLDINGS LLC,
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Defendants.
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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
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WHEREAS, on October 6, 2015, Plaintiff Robert Gary Lippincott, Jr. (“Plaintiff”) filed a
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Complaint against DIRECTV, Inc. and DIRECTV Holdings LLC (“DIRECTV”) in the Superior
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Court of the State of California for the County of Sonoma, and on October 7, 2015, served
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DIRECTV with that Complaint;
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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
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Southern District of New York (“Related Actions”), other plaintiffs have challenged DIRECTV’s
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exclusive NFL Sunday Ticket product under federal antitrust laws;
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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
Case No. 3:15-cv-05096-JCS
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WHEREAS, on August 27, 2015, one of the federal plaintiffs, pursuant to 28 U.S.C. § 1407,
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filed a motion for centralization to transfer the Related Actions to the United States District Court for
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the Central District of California with the United States Judicial Panel on Multidistrict Litigation
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(“JPML”), opening MDL No. 2668;
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WHEREAS, DIRECTV has reached an agreement with plaintiffs in all other cases currently
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included as a related or tag-along action in MDL No. 2668 to extend DIRECTV’s time to answer,
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move, or otherwise plead in response to the complaints in such actions until no less than 45 days
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after the JPML rules in MDL No. 2668 and plaintiffs have either filed or designated the operative
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complaint(s) in the District to which the JPML assigns the Related Actions;
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WHEREAS, Plaintiff has informed DIRECTV that it intends to file a motion to remand this
action (which DIRECTV will oppose);
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WHEREAS, Plaintiff and DIRECTV agree that DIRECTV’s time to answer, move, or
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otherwise plead in response to any forthcoming operative complaint filed by Plaintiff shall be
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extended until 45 days after the JPML rules in MDL No. 2668 and Plaintiff has either filed or
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designated the operative complaint(s) in the District to which the JPML assigns the Related Actions,
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or, in the event Plaintiff’s motion to remand is granted, then DIRECTV’s time to answer, move, or
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otherwise plead in response to Plaintiff’s complaint shall be extended until 14 days after the order
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granting Plaintiff’s motion to remand is entered by the presiding court;
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WHEREAS, in the event that proceedings in MDL No. 2668 are terminated without a ruling,
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the parties agree that DIRECTV’s time to answer, move, or otherwise plead in response is hereby
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extended until 45 days after Plaintiff has either filed or designated the operative complaint(s) in
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connection with the termination of proceedings in MDL No. 2668, or, in the event Plaintiff’s motion
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to remand is granted, then DIRECTV’s time to answer, move, or otherwise plead in response to
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Plaintiff’s complaint shall be extended until 14 days after the order granting Plaintiff’s motion to
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remand is entered by the presiding court;
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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)
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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
Case No. 3:15-cv-05096-JCS
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to file any reply in support of any motion(s) that may be directed to Plaintiff’s operative
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complaint(s);
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WHEREAS, the parties agree that except as to the sufficiency of process or service of
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process, the entry into this Stipulation by DIRECTV shall not constitute a waiver of any defenses
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that may be available under Rule 12 of the Federal Rules of Civil Procedure, a waiver of any
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affirmative defenses under Rule 8 of the Federal Rules of Civil Procedure, or a waiver of any other
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statutory or common law defenses that may be available to DIRECTV;
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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
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Rule 6-1, by and between Plaintiff and DIRECTV, by and through their undersigned counsel or
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counsel acting on their behalf, that DIRECTV’s time to answer, move, or otherwise plead in
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response to Plaintiff’s Complaint is extended until 45 days after either (i) the JPML rules in MDL
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No. 2668 and Plaintiff has either filed or designated the operative complaint in the District to which
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the JPML assigns the Related Actions; or (ii) MDL No. 2668 is terminated without a ruling and
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Plaintiff has either filed or designated the operative complaint in connection with the termination of
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proceedings in MDL No. 2668. Notwithstanding the foregoing, in the event Plaintiff’s motion to
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remand is granted, then DIRECTV’s time to answer, move, or otherwise plead in response to
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Plaintiff’s Complaint is extended until 14 days after the order granting Plaintiff’s motion to remand
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is entered by the presiding court.
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IT IS HEREBY FURTHER STIPULATED AND AGREED that the entry into this
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stipulation by DIRECTV shall not constitute a waiver of any defenses except for insufficiency of
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process or insufficiency of service of process. For the avoidance of doubt, DIRECTV expressly
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reserves its rights to raise any other defenses, or file motions to compel arbitration, in response to
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Plaintiff’s complaint and any forthcoming operative complaint that may be filed in the Related
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Actions.
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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
Case No. 3:15-cv-05096-JCS
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KIRKLAND & ELLIS LLP
Dated: November 9, 2015
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/s/ Robyn E. Bladow
Robyn E. Bladow
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Attorneys for DIRECTV, Inc. and DIRECTV
Holdings LLC
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Dated: November 9, 2015
ZIMMERMAN REED, LLP
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/s/ Caleb Marker
Caleb Marker
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555 East Ocean Boulevard, Suite 500
Long Beach, California 90802
Telephone:
(877) 500-8780
Facsimile:
(877) 500-8781
E-Mail:
caleb.marker@zimmreed.com
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Counsel for Robert Gary Lippincott, Jr.
S
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Spero
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Judge Jo
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seph C.
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Dated: November 12, 2015
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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
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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.
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Dated: November 9, 2015
KIRKLAND & ELLIS LLP
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/s/ Robyn E. Bladow
Robyn E. Bladow
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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.
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Furthermore, the document was served on the following parties who are not ECF participants
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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
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/s/ Robyn E. Bladow
Robyn E. Bladow
Attorneys for DIRECTV, Inc. and DIRECTV
Holdings LLC
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STIPULATION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT
Case No. 3:15-cv-05096-JCS
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