Keller v. Electronic Arts Inc. et al

Filing 757

ORDER SETTING HEARING re #724 , #745 , #746 . Discovery Hearing set for 5/8/2013 at 02:00 PM in Courtroom A, 15th Floor, San Francisco before Magistrate Judge Nathanael M. Cousins. Signed by Magistrate Judge Nathanael M. Cousins on 05/01/2013. (nclc1S, COURT STAFF) (Filed on 5/1/2013)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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IN RE NCAA STUDENT-ATHLETE NAME

Case No. 09-cv-01967 CW (NC)

LITIGATION

TENTATIVE ORDER AND ORDER
SETTING HEARING RE:
DISCOVERY DISPUTES

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Re: Dkt. Nos. 724, 745, 746

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Antitrust Plaintiffs moved to compel the depositions of 12 declarants, the declarations

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19 of whom defendants rely on to oppose plaintiffs’ motion for class certification. Defendants
20 opposed the motion as untimely. The Court will hold a hearing on May 8, 2013 at 2:00
21 p.m. in Courtroom A, 15th Floor, U.S. District Court, 450 Golden Gate Avenue, San
22 Francisco, to determine the necessity and feasibility of proceeding with the requested
23 depositions within the newly revised class certification briefing schedule. Tentatively, the
24 Court is inclined to grant plaintiffs the opportunity to depose those declarants whom they
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25 have not already deposed. The Court would like more information on the proposed scope,

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The parties have reached an agreement regarding Guy Ben-Ishai, and plaintiffs admit to deposing
Kevin Lennon. Defendants assert that plaintiffs also deposed Mark Womack. The remaining
declarants at issue are Bob Bowlsby, James Delany, D. DeLoss Dodds, Douglas Elgin, Jonathan
LeCrone, Mark Lewis, Todd Petr, Larry Scott, and John Welty.
Case No. 09-cv-01967 CW (NC)
TENTATIVE ORDER AND ORDER
SETTING HEARING

1 length, schedule, method, and location of the depositions. The parties are ORDERED to
2 meet and confer before the hearing and must be prepared to propose a schedule, methods,
3 and locations for the remaining depositions.
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Also on May 8, the Court will address plaintiffs’ motion to compel the data referred

5 to in Todd Petr’s declaration as it relates to defendants’ expert reports, and specifically
6 whether Petr’s deposition would moot the motion. The Court will address plaintiffs’
7 motion to compel discovery regarding recent changes in NCAA bylaws as well. It declines
8 the parties’ invitation for more briefing on that issue for the moment.
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IT IS SO ORDERED.
Date: May 1, 2013

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_________________________
Nathanael M. Cousins
United States Magistrate Judge

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Case No. 09-cv-01967 CW (NC)
TENTATIVE ORDER AND ORDER
SETTING HEARING

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