Filed: Jul. 19, 2016
Latest Update: Jul. 19, 2016
Summary: STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES HAYWOOD S. GILLIAM, Jr. , District Judge . Plaintiff Federal Trade Commission ("FTC") and Defendants DIRECTV and DIRECTV, LLC (collectively, "DIRECTV"), jointly move the Court to extend the discovery deadlines in this matter in order to allow the parties sufficient time to complete fact discovery. The parties' proposed revised schedule would not alter the current dates for summary judgment or trial. I. The Parties' P
Summary: STIPULATED MOTION AND [PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES HAYWOOD S. GILLIAM, Jr. , District Judge . Plaintiff Federal Trade Commission ("FTC") and Defendants DIRECTV and DIRECTV, LLC (collectively, "DIRECTV"), jointly move the Court to extend the discovery deadlines in this matter in order to allow the parties sufficient time to complete fact discovery. The parties' proposed revised schedule would not alter the current dates for summary judgment or trial. I. The Parties' Pr..
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STIPULATED MOTION AND[PROPOSED] ORDER TO EXTEND DISCOVERY DEADLINES
HAYWOOD S. GILLIAM, Jr., District Judge.
Plaintiff Federal Trade Commission ("FTC") and Defendants DIRECTV and DIRECTV, LLC (collectively, "DIRECTV"), jointly move the Court to extend the discovery deadlines in this matter in order to allow the parties sufficient time to complete fact discovery. The parties' proposed revised schedule would not alter the current dates for summary judgment or trial.
I. The Parties' Proposed Schedule
The parties jointly propose the following revisions to the current case schedule (Dkt. No. 138) in order to allow sufficient time to complete a number of outstanding depositions and to review recently produced and soon-to-be produced materials. This proposal continues the deadline for fact discovery by three weeks, extends expert discovery by two weeks, and moves the settlement conference to December 5, 2016, or as soon thereafter as practicable for Judge Spero. (See Dkt. No. 140.)
Current Schedule The Parties' Proposal
(Dkt. No. 138)
Fact Discovery Closes July 22, 2016 Aug. 12, 2016
Opening Expert Reports Sept. 2, 2016 Sept. 16, 2016
MSJ Filing Sept. 22, 2016 No Change
Rebuttal Expert Reports Sept. 30, 2016 Oct. 13, 2016
MSJ Opposition Oct. 6, 2016 No Change
MSJ Reply Oct. 13, 2016 No Change
Reply Expert Reports Oct. 21, 2016 Nov. 4, 2016
MSJ Hearing Date Oct. 27, 2016 No Change
Expert Discovery Close Nov. 10, 2016 Nov. 23, 2016
Settlement Conference Nov. 18, 2016 Dec. 5, 2016
Pretrial Conference Jan. 17, 2017 No Change
Bench Trial Date Jan. 30, 2017 No Change
II. Discovery Taken to Date.
The parties have conducted considerable discovery to date:
• The FTC has produced over 133,000 pages of documents and DIRECTV has produced over 384,302 pages of documents, plus an additional 1,829 audio files.
• The FTC has sought documents from 22 third parties, including DIRECTV's telemarketers, dealers, advertising agencies, and market research vendors; those companies have made substantial productions, with some productions ongoing.
• The parties have taken 29 depositions, and have noticed an additional nine depositions of individuals and corporate designees.
• The parties have brought 16 letter briefs to Judge James (Dkt. Nos. 56, 66, 70, 82, 89, 106, 107, 113, 121, 127, 130, 142, 146, 148, 149 and 152.)
III. Reasons for the Proposed Extension.
The parties are requesting this extension of discovery deadlines for three principal reasons. First, due to the unavailability of some witnesses, several depositions cannot be completed by July 22. Second, DIRECTV has produced a large volume of material over the past three weeks, including 1,829 recordings of sales calls. Third, several third parties have expressed an intention to produce additional documents to the FTC. The FTC needs a modest amount of additional time to complete its review of these recent and expected productions prior to the commencement of expert discovery, and both parties need time to complete noticed depositions.
* * *
IT IS HEREBY STIPULATED AND AGREED BY AND BETWEEN THE PARTIES through their respective attorneys of record as follows:
WHEREAS, the parties require additional time to resolve discovery disputes and conclude the necessary discovery,
THEREFORE, the parties have stipulated and agreed, and do hereby respectfully request that the Court extend discovery deadlines and set the following deadlines:
Fact Discovery Closes Aug. 12, 2016
Opening Expert Reports Sept. 16, 2016
MSJ Filing Sept. 22, 2016
MSJ Opposition Oct. 6, 2016
Rebuttal Expert Reports Oct. 13, 2016
MSJ Reply Oct. 13, 2016
MSJ Hearing Date Oct. 27, 2016
Reply Expert Reports Nov. 4, 2016
Expert Discovery Close Nov. 23, 2016
Settlement Conference Dec. 5, 2016
Pretrial Conference Jan. 17, 2017
Bench Trial Date Jan. 30, 2017
SO STIPULATED:
Attestation pursuant to Local Rule 5.1(i)(3)
Pursuant to Local Rule 5.1(i)(3), I attest that concurrence in the filing of this document has been obtained from all Signatories to this document.
/s/Eric D. Edmondson
_______________________
Eric D. Edmondson
Counsel for Plaintiff Federal Trade Commission
[PROPOSED] ORDER
PURSUANT TO STIPULATION, IT IS SO ORDERED.
