Federal Trade Commission v. DIRECTV, Inc. et al

Filing 352

ORDER by Judge Haywood S. Gilliam, Jr. Granting 351 Stipulation Permitting the Parties to Bring Additional Technology into the Courthouse. (ndrS, COURT STAFF) (Filed on 8/8/2017)

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JeffTillotson, SBN 139372
jtillotson@TillotsonLaw. com
Tillotson Law
750 North Saint Paul, Suite 600
Dallas, TX 75201
Telephone: [phone]

Eric D. Edmondson, D.C. Bar NO. 450294
Erika Wodinsky, Cal. Bar NO. 091700
Boris Yankilovich, Cal. Bar NO. 257887
Jacob A. Snow, Cal. Bar NO. 270988
901 Market Street, Suite 570
San Francisco, CA 94103
[phone]/[phone] (fax)
[e-mail]; [e-mail];
[e-mail]; [e-mail]

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Pete Marketos, Pro Hac Vice
[e-mail]
Reese Gordon Marketos LLP
750 North Saint Paul, Suite 600
Dallas, TX 75201
Telephone: [phone]

Raymond E. McKown, Cal. Bar NO. 150975
Stacy Procter, Cal. Bar NO. 221078
Kenneth H. Abbe, Cal. Bar NO. 172416
10877 Wilshire Blvd., Suite 700
Los Angeles, CA 90024
(31 0) 824-4343/(31 0) 824-4380 (fax)
[e-mail]; [e-mail];
kabbe@ftc. gov

Chad S. Hummel, SBN 139055
[e-mail]
Mark D. Campbell, SBN 180528
[e-mail]
Bridget S. Johnsen, SBN 210778
[e-mail]
Ryan M. Sandrock, SBN 251781
[e-mail]
SIDLEY AUSTIN LLP
555 California Street, Suite 2000
San Francisco, CA 941 04
Telephone: [phone]
Facsimile: (415) 772-7 400

Attorneys for Plaintiff
Federal Trade Commission

Attorneys for Defendants
DIRECTV and DIRECTV, LLC

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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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FEDERAL TRADE COMMISSION,
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Plaintiff,

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v.
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DIRECTV, a corporation, and DIRECTV,
LLC, a limited liability company,

Case No. 3:15-cv-01129 HSG
Assigned to the Hon. Haywood S. Gilliam, Jr.

STIPULATION AND [PROPOSED] ORDER
PERMITTING THE PARTIES TO BRING
ADDITIONAL TECHNOLOGY INTO THE
COURTHOUSE

Defendants.

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STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL
TECHNOLOGY INTO THE COURTHOUSE
CASE NO. 3:15-cv-01129 HSG

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Pursuant to Civil Local Rule 7-12, and as previously agreed by the Parties (as stipulated to in

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the Stipulation and Order Permitting the Parties to Bring Additional Technology into the Courthouse

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[Dkt. 299] and the Amended Joint Pretrial Statement [Dkt. 337]), the Federal Trade Commission

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("FTC") and Defendants DIRECTV and DIRECTV, LLC (collectively "DIRECTV") hereby stipulate

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and jointly request an order permitting the parties to bring into the Courthouse additional technology

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and equipment for use during the trial commencing on August 14, 2017, consistent with the Court's

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previous orders and statements during the August 1, 2017 pretrial conference. 1

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During trial, both the FTC and DIRECTV intend to introduce exhibits including, among other

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things, numerous print ads in various shapes and sizes and multiple iterations ofDIRECTV's website

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(including still captures, video captures, and interactive versions).

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On March 3, 2017, the parties' respective counsel and technology personnel tested the

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courtroom trial technology and discovered certain issues that the parties believe may impede their

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ability to efficiently present certain evidence to the Court. First, during witness examinations, the

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parties may use exhibits in the form of electronic documents, videos, or interactive websites. Without

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the requested switches, the parties cannot efficiently switch between the various media needed to

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display differently formatted exhibits. Second, in DIRECTV's view, the resolution ofthe courtroom

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monitors diminishes the visibility of the advertising. As an example (again only in DIRECTV's view),

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when attempting to display print ads in a digital form, certain text is distorted and unreadable on the

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courtroom monitors.

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The parties appreciate the Court's concern regarding technology compatibility,

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seamlessness, efficiency, and the Court's ability to run the remainder of its docket using its

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existing technology without interruption from this case. Therefore, the parties request permission

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to bring in the following additional technology and equipment, which will operate independently

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from the Court's existing system:

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The Court has granted nearly identical requests in its January 31, 2017 and February 21, 2017
Orders on the parties' Stipulation and Proposed Order Permitting the Parties to Bring Additional
Technology into the Courthouse. [Dkt. Nos. 290, 299]. This Stipulation differs in that it (1) requests
eight monitors (instead of the seven previously requested) in order to provide an additional monitor
to the law clerk per the Court's request; (2) requests one 4x4 switch to accommodate the additional
monitor and to facilitate setup; and (3) requests one additional laptop for the witness stand.

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STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL
TECHNOLOGY INTO THE COURTHOUSE
CASE NO.3: 15-CV-01129 HSG

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(1)

One 4x8 switch/distribution amplifier;

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(2)

Two 4x1 switches;

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(3)

One 4x4 switch;

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(4)

One speaker system;

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(5)

Eight 19-inch High Resolution Monitors for the bench (1 ), the clerk (1 ), witness
stand (1 ), counsel tables (2 for each side), and lecterns (1 );

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(6)

One LCD projector and stand; and

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(7)

One projector screen;

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(8)

Three laptops per side (for trial exhibits, transcript feed, and witness stand);

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(9)

Two tables for trial-technology personnel;

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(10)

Two monitors for trial-technology personnel;

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(11)

One Elmo digital camera;

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(12)

Two printers for work rooms;

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(13)

Assorted cabling.

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The parties have coordinated with the Courtroom Deputy to set up and test the technology

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on Friday, August 11,2017, at 9:00a.m. All equipment and necessary wiring will be placed in a

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manner so as not to interfere with other activities in the Courtroom when trial is not in session and

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to avoid any unsafe condition. The parties remain mindful of the Court's docket and resources and

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will do their utmost to reduce interruption and inconvenience.

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Ill

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Ill

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Ill

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STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL
TECHNOLOGY INTO THE COURTHOUSE
CASE NO. 3:15-CV-01129 HSG

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SO STIPULATED:

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Dated: August 7, 2017
By: /s/ Jacob A. Snow
Jacob A. Snow
Counsel for Plaintiff Federal Trade Commission

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Dated: August 7, 201 7
By: /s/ JeffTillotson
Jeff Tillotson
Pete Marketos
Chad Hummel
Counsel for Defendants DIRECTV and DIRECTV, LLC

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STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL
TECHNOLOGY INTO THE COURTHOUSE
CASE NO. 3:15-CV-01129 HSG

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FILER'S ATTESTATION

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I am the ECF User whose identification and password are being used to file the foregoing

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Stipulation and [Proposed] Order Permitting the Parties to Bring Additional Technology into the

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Courthouse in compliance with Civil Local Rule 5-1(i)(3). I hereby attest that the signatory has

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concurred in this filing.

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Dated: August 7, 2017

SIDLEY AUSTIN LLP

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By: /s/ Ryan M. Sandrock
Ryan M. Sandrock

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STIPULATION AND [PROPOSED] ORDER PERMITTING THE.PARTIES TO BRING ADDITIONAL
TECHNOLOGY INTO THE COURTHOUSE
CASE NO. 3:15-CV-01129 HSG

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PURSUANT TO STIPULATION, IT IS SO ORDERED.

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August 8, 2017
Dated: ----------------HON. HAYWOOD S. GILLIAM, JR.
United States District Judge

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STIPULATION AND [PROPOSED] ORDER PERMITTING THE PARTIES TO BRING ADDITIONAL
TECHNOLOGYINTOTHECOURTHOUSE
CASE NO. 3:15-CV-01129 HSG