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

HAYWOOD S. GILLIAM, Jr., District Judge.

Pursuant to Civil Local Rule 7-12 and the conference with the Court on February 3, 2017, the Federal Trade Commission ("FTC") and Defendants DIRECTV and DIRECTV, LLC (collectively "DIRECTV") hereby stipulate and jointly request an order permitting the parties to bring into the Courthouse additional technology and equipment for use during trial.1

During trial, both the FTC and DIRECTV intend to introduce exhibits including, among other things, numerous print ads in various shapes and sizes and multiple iterations of DIRECTV's website (including still captures, video captures, and interactive versions).

On February 3, 2017, the parties' respective counsel and technology personnel tested the courtroom trial technology and discovered certain issues that the parties believe may impede their ability to efficiently present various evidence to the Court. First, as mentioned above, during witness examinations, the parties may use exhibits in the form of electronic documents, videos, or interactive websites. Without the previously requested switches, the parties cannot efficiently switch between the various media needed to display differently formatted exhibits. Second, in DIRECTV's view, the resolution of the courtroom monitors diminishes the visibility of the advertising. As an example (again only in DIRECTV's view), when attempting to display print ads in a digital form, certain text is distorted and unreadable on the courtroom monitors.2 Finally, the touchscreen monitor located at the witness stand currently displays the picture slightly off-center, which means that the witness cannot always see the full exhibit. And if the witness attempts to utilize the touchscreen annotations to draw on the screen, the annotations appear in a different location (i.e., offset from where the witness touched) on the monitors in the Courtroom. The Court's technology personnel were not able to fix that problem before the trial-date continuance was announced on Friday morning.

The parties appreciate the Court's concern regarding technology compatibility, seamlessness, efficiency, and the Court's ability to run the remainder of its docket using its existing technology without interruption from this case. Therefore, the parties request permission to bring in the following additional technology and equipment, which will operate independently from the Court's existing system:

The parties further jointly request access to the courtroom for purposes of setting up and testing the technology on Friday, March 3, 2017. All equipment and necessary wiring will be placed in a manner so as not to interfere with other activities in the Courtroom when trial is not in session and to avoid any unsafe condition. The parties remain mindful of the Court's docket and resources and will do their utmost to reduce interruption and inconvenience.

SO STIPULATED:

SIGNATURE ATTESTATION

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

Stipulation and [Proposed] Order Permitting the Parties to Bring Additional Technology into the Courthouse in compliance with Civil Local Rule 5-1(i)(3), I hereby attest that the signatory has concurred in this filing.

PURSUANT TO STIPULATION, IT IS SO ORDERED.