Keller v. Electronic Arts Inc. et al
Filing
673
ORDER by Judge Claudia Wilken ON DEFENDANTS #639 MOTION TO STRIKE. (ndr, COURT STAFF) (Filed on 1/29/2013)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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IN RE NCAA STUDENT-ATHLETE
NAME & LIKENESS LICENSING
LITIGATION
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No. C 09-1967 CW
ORDER ON
DEFENDANTS’ MOTION
TO STRIKE
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Defendants National Collegiate Athletic Association,
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Electronic Arts, Inc. and Collegiate Licensing Company move to
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strike the motion for class certification filed by Antitrust
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United States District Court
For the Northern District of California
Plaintiffs Ed O’Bannon, Oscar Robertson, Bill Russell, Ray Ellis,
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Harry Flournoy, Tate George, Alex Gilbert, Sam Jacobson, Thad
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Jaracz, David Lattin, Patrick Maynor, Tyrone Prothro, Damien
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Rhodes, Eric Riley, Bob Tallent, and Danny Wimprine.
Antitrust
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Plaintiffs oppose Defendants’ motion.
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Defendants argue that the motion for class certification
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should be stricken because Antitrust Plaintiffs are precluded from
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prosecuting the claims for which they seek certification.
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However, this is not reason to preclude Antitrust Plaintiffs from
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moving for class certification; instead, these contentions are
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more properly considered as arguments supporting denial of the
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motion for class certification on its merits.
Accordingly, the
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Court denies Defendants’ motion to strike and construes their
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brief as their opposition to Antitrust Plaintiffs’ motion for
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class certification.
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The Court grants Defendants leave to file an additional brief
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in further opposition to the motion for class certification.
In
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this brief, Defendants shall not repeat any arguments already made
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in their papers addressing the motion to strike.
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presenting any other grounds for opposing the motion for class
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certification, Defendants shall address why Antitrust Plaintiffs
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should not be granted leave to amend their complaint if the Court
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were to find that they have not adequately plead the theories put
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forward in the motion for class certification.
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In addition to
Antitrust Plaintiffs may then file their reply in support of
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their motion for class certification, without repeating any of the
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arguments they made in response to the motion to strike.
United States District Court
For the Northern District of California
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Antitrust Plaintiffs shall address what they would request if the
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Court were to hold that they have not adequately plead their
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theories in their operative complaint.
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would seek leave to amend the complaint, they shall include
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grounds for granting such leave in their brief.
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Plaintiffs shall also address how they would proceed if they chose
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not to seek leave to amend or if leave to amend were found
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necessary and denied, including whether Antitrust Plaintiffs would
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instead pursue individual claims or if they would request
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certification under a different class definition or theory.
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If Antitrust Plaintiffs
Antitrust
Defendants are granted leave to file a sur-reply to Antitrust
Plaintiffs’ reply.
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The Court resets the case management schedule as follows:
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Event
Date
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Deadline to depose Antitrust Plaintiffs’ class
certification experts
Thursday, February
28, 2013
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United States District Court
For the Northern District of California
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Deadline to file Defendants’ Further Opposition
to Antitrust Plaintiffs’ motion for class
certification and Defendants’ Daubert motions
on Antitrust Plaintiffs’ class certification
experts, and to disclose Defendants’ class
certification experts
Each Defendant shall address these matters in a
single brief. To the extent possible,
Defendants shall file a single joint brief on
behalf of more than one, or all, Defendants.
Whether filed together or separately,
Defendants’ briefs shall together total no more
than twenty-five pages.
Thursday, March
14, 2013
Deadline to depose Defendants’ class
certification experts
Thursday, April
11, 2013
Deadline to file Antitrust Plaintiffs’ reply in
support of their motion for Class
Certification, Antitrust Plaintiffs’ opposition
to Defendants’ class certification Daubert
motion, and Antitrust Plaintiffs’ Daubert
motions on Defendants’ class certification
experts
Antitrust Plaintiffs shall address these
matters in a single brief, of no more than
twenty-five pages.
Thursday, April
25, 2013
Deadline to file Defendants’ sur-reply to
Plaintiffs’ reply, Defendants’ replies in
support of their class certification Daubert
motions, and Defendants’ oppositions to
Antitrust Plaintiffs’ class certification
Daubert motions
Each Defendant shall address these matters in a
single brief. To the extent possible,
Defendants shall file a single joint brief on
behalf of more than one, or all, Defendants.
Whether filed together or separately,
Defendants’ briefs shall together total no more
than fifteen pages.
Thursday, May 9,
2013
Deadline to file Antitrust Plaintiffs’ reply in
support of their class certification Daubert
motions
Antitrust Plaintiffs shall address these
matters in a single brief, of no more than
fifteen pages.
Thursday, May 23,
2013
Deadline for parties to file a joint case
management statement
Thursday, June
13, 2013
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Hearing on Antitrust Plaintiffs’ class
certification motion and all parties’ Daubert
motions on class certification experts, and
further case management conference
Thursday, June
20, 2013, at 2:00
p.m.
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Parties to exchange opening expert reports on
merits
Thursday, July
18, 2013
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Deadline to depose parties’ liability experts
Thursday, August
15, 2013
Deadline to disclose rebuttal expert reports
Thursday,
September 5, 2013
Deadline to depose rebuttal experts
Thursday,
September 12,
2013
Deadline for Antitrust Plaintiffs to file their
dispositive motion and Daubert motions on
Defendants’ merits experts
Antitrust Plaintiffs shall address these
matters in a single brief of no more than
twenty-five pages.
Thursday,
September 26,
2013
Deadline for Defendants to file their
oppositions to Antitrust Plaintiffs’
dispositive motion and Daubert motions, their
dispositive cross-motions, and their Daubert
motions on Antitrust Plaintiffs’ merits experts
Each Defendant shall address these matters in a
single brief. To the extent possible,
Defendants shall file a single joint brief on
behalf of more than one, or all, Defendants.
Whether filed together or separately,
Defendants’ briefs shall together total no more
than twenty-five pages.
Thursday, October
31, 2013
Deadline for Antitrust Plaintiffs to file their
reply in support of their dispositive motion
and Daubert motions, and oppositions to
Defendants’ dispositive cross-motions and
Daubert motions
Antitrust Plaintiffs shall address these
matters in a single brief of no more than
fifteen pages.
Thursday,
December 5, 2013
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United States District Court
For the Northern District of California
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Deadline for Defendants to file replies in
support of their dispositive cross-motions and
Daubert motions
Each Defendant’s replies shall be contained in
a single brief. To the extent possible,
Defendants shall file a single joint brief on
behalf of more than one, or all, Defendants.
Whether filed together or separately,
Defendants’ briefs shall together total no more
than fifteen pages.
Thursday, January
2, 2014
Deadline for parties to file a joint case
management statement
Thursday, January
16, 2014
Hearing on dispositive motions and further case
management conference
Thursday, January
23, 2014, at 2:00
p.m.
Wednesday, May
28, 2014, at 2:00
p.m.
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Final pretrial conference
Pretrial documents shall be filed in accordance
with the Court’s Order for Pretrial
Preparation.
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15 day Jury Trial
Monday, June 9,
2014, at 8:30
a.m.
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United States District Court
For the Northern District of California
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Defendants' Motion to Strike (Docket No. 639) is DENIED.
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IT IS SO ORDERED.
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Dated: 1/29/2013
CLAUDIA WILKEN
United States District Judge
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