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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1 IN THE UNITED STATES DISTRICT COURT 2 FOR THE NORTHERN DISTRICT OF CALIFORNIA 3 4 5 6 IN RE NCAA STUDENT-ATHLETE NAME & LIKENESS LICENSING LITIGATION ________________________________/ No. C 09-1967 CW ORDER ON DEFENDANTS’ MOTION TO STRIKE 7 Defendants National Collegiate Athletic Association, 8 Electronic Arts, Inc. and Collegiate Licensing Company move to 9 strike the motion for class certification filed by Antitrust 10 United States District Court For the Northern District of California Plaintiffs Ed O’Bannon, Oscar Robertson, Bill Russell, Ray Ellis, 11 Harry Flournoy, Tate George, Alex Gilbert, Sam Jacobson, Thad 12 Jaracz, David Lattin, Patrick Maynor, Tyrone Prothro, Damien 13 Rhodes, Eric Riley, Bob Tallent, and Danny Wimprine. Antitrust 14 Plaintiffs oppose Defendants’ motion. 15 Defendants argue that the motion for class certification 16 should be stricken because Antitrust Plaintiffs are precluded from 17 prosecuting the claims for which they seek certification. 18 However, this is not reason to preclude Antitrust Plaintiffs from 19 moving for class certification; instead, these contentions are 20 more properly considered as arguments supporting denial of the 21 motion for class certification on its merits. Accordingly, the 22 Court denies Defendants’ motion to strike and construes their 23 brief as their opposition to Antitrust Plaintiffs’ motion for 24 class certification. 25 The Court grants Defendants leave to file an additional brief 26 in further opposition to the motion for class certification. In 27 this brief, Defendants shall not repeat any arguments already made 28 1 in their papers addressing the motion to strike. 2 presenting any other grounds for opposing the motion for class 3 certification, Defendants shall address why Antitrust Plaintiffs 4 should not be granted leave to amend their complaint if the Court 5 were to find that they have not adequately plead the theories put 6 forward in the motion for class certification. 7 In addition to Antitrust Plaintiffs may then file their reply in support of 8 their motion for class certification, without repeating any of the 9 arguments they made in response to the motion to strike. United States District Court For the Northern District of California 10 Antitrust Plaintiffs shall address what they would request if the 11 Court were to hold that they have not adequately plead their 12 theories in their operative complaint. 13 would seek leave to amend the complaint, they shall include 14 grounds for granting such leave in their brief. 15 Plaintiffs shall also address how they would proceed if they chose 16 not to seek leave to amend or if leave to amend were found 17 necessary and denied, including whether Antitrust Plaintiffs would 18 instead pursue individual claims or if they would request 19 certification under a different class definition or theory. 20 21 If Antitrust Plaintiffs Antitrust Defendants are granted leave to file a sur-reply to Antitrust Plaintiffs’ reply. 22 The Court resets the case management schedule as follows: 23 Event Date 24 Deadline to depose Antitrust Plaintiffs’ class certification experts Thursday, February 28, 2013 25 26 27 28 2 1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 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. 4 Parties to exchange opening expert reports on merits Thursday, July 18, 2013 5 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 1 2 3 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 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. 12 Final pretrial conference Pretrial documents shall be filed in accordance with the Court’s Order for Pretrial Preparation. 13 15 day Jury Trial Monday, June 9, 2014, at 8:30 a.m. 1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 14 15 Defendants' Motion to Strike (Docket No. 639) is DENIED. 16 IT IS SO ORDERED. 17 18 19 Dated: 1/29/2013 CLAUDIA WILKEN United States District Judge 20 21 22 23 24 25 26 27 28 5

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