Keller v. Electronic Arts Inc. et al

Filing 756

ORDER by Judge Claudia Wilken DENYING #750 MOTION TO STRIKE EXPERT REPORTS, GRANTING IN PART #752 REQUEST TO MODIFY THE CASE SCHEDULE AND DENYING AS MOOT #752 MOTION FOR EXPEDITED CONSIDERATION. (ndr, COURT STAFF) (Filed on 5/1/2013) Modified on 5/2/2013 (cpS, COURT STAFF).

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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

No. C 09-1967 CW

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ORDER DENYING
MOTION TO STRIKE
EXPERT REPORTS
(Docket No. 750),
GRANTING IN PART
REQUEST TO MODIFY
THE CASE SCHEDULE
AND DENYING AS MOOT
MOTION FOR
EXPEDITED
CONSIDERATION
(Docket No. 752)

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Defendants National Collegiate Athletic Association (NCAA),

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________________________________/

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United States District Court
For the Northern District of California

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Electronic Arts, Inc. (EA) and Collegiate Licensing Company (CLC)

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move to strike the rebuttal and reply expert reports offered by

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Antitrust Plaintiffs in support of their supplemental brief in

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further support of their motion for class certification.

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considered the papers submitted by Defendants, the Court DENIES

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their motion to strike the expert reports.

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Having

Defendants alternatively request that the scheduling order be

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amended to permit time for them to depose Antitrust Plaintiffs’

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four experts and to allow them additional time to file their

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briefs in reply to Plaintiffs’ supplemental brief and in support

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of their class certification Daubert motions, which are currently

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due by May 9, 2013.1

Defendants represent that Antitrust

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The Court notes that Antitrust Plaintiffs have made no
Daubert challenges to Defendants’ class certification experts.
Docket No. 748, 1 n.2. Thus, to the extent that the case schedule
sets forth a schedule for briefing such challenges by Antitrust
Plaintiffs, those deadlines are now moot. Accordingly, the Court
VACATES the May 23, 2013 deadline for Antitrust Plaintiffs to file
a reply in support of their class certification Daubert motions.

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Plaintiffs do not object to their request to take depositions of

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the four experts by May 24, 2013 or to an extension of the due

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date for their briefs from May 9, 2013 to May 30, 2013.

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on that representation, the Court GRANTS these requests as

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unopposed.

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Relying

Under the present schedule, for these briefs, Defendants are

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permitted a total of fifteen pages in which to file separate or

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joint briefs on behalf of more than one, or all, Defendants.

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Docket No. 673, 3.

Further, EA and CLC are permitted to file an

United States District Court
For the Northern District of California

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additional joint brief of ten pages or less addressing only issues

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unique to these Defendants and not shared by NCAA.

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676.2

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page limit be increased to twenty-five pages and that the ten page

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limit be increased to fifteen pages.

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Plaintiffs do not object to the first request and object to the

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second request.

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Defendants’ briefs, whether filed together or separately, may

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total no more than thirty-five pages, at least ten of which must

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be allotted to address issues that are unique to EA and CLC.

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Docket No.

In the present motion, Defendants request that the fifteen

They state that Antitrust

The Court GRANTS Defendants’ request in part.

IT IS SO ORDERED.
Dated: 5/1/2013

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CLAUDIA WILKEN
United States District Judge

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In the present motion, Defendants appear to characterize
the fifteen pages as being allocated to NCAA’s brief only. The
Court notes that its prior orders directed that the fifteen pages
be shared between Defendants for all of their briefs, whether
filed together or separately, and permitted EA and CLC an
additional ten pages for their unique issues. Although Defendants
may have agreed amongst themselves to a particular division of the
pages, the Court’s orders did not mandate that these fifteen pages
be allocated to NCAA only.
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