STIPULATED MOTION FOR ADMINISTRATIVE RELIEF SEEKING LEAVE TO FILE STATEMENTS REGARDING CERTAIN EVIDENTIARY DISPUTES

[Local Rules 7-11 and 7-12]

HAYWOOD S. GILLIAM, Jr., District Judge.

Plaintiff Federal Trade Commission ("FTC") and Defendants DIRECTV and DIRECTV, LLC ("DIRECTV") (collectively, the "parties") jointly stipulate and request, pursuant to N.D. Cal. Local Rules 7-11 and 7-12, leave to file statements in advance of trial regarding certain outstanding evidentiary disputes.

In advance of trial, the parties have been meeting and conferring regularly regarding outstanding evidentiary disputes, including the admissibility of the following categories of exhibits: (1) Summary Exhibits under Federal Rule of Evidence 1006; (2) Print advertisements; (3) Webflows from directv.com; (4) TV advertisements; (5) Pricing guides associated with DIRECTV service; (6) Documents associated with the telephone-sales call process; (7) Sales- and retention-call recordings; and (8) DIRECTV's SEC Filings. The parties have also met and conferred about foundation objections to documents. These meetings have been productive, and the parties anticipate filing a stipulation requesting pre-admission of numerous exhibits on Tuesday, February 28, 2017, which additionally would resolve some foundation objections. Nonetheless, there remain some evidentiary disputes that will likely require resolution by the Court.

The parties are each requesting permission to file a five-page statement on Tuesday, February 28, 2017, setting forth their respective positions regarding preadmission of certain categories of exhibits falling into categories that remain in dispute and DIRECTV's foundation objections to certain sponsors and exhibits. The parties believe that briefing these issues in advance of the trial (although outside of the Court's standard process) is beneficial for three reasons. First, it will provide the Court with additional time to review each parties' submission (compared with a midnight filing set for a hearing the following morning). Second, it will reduce the issues to be resolved on the first day of trial. Third, it will allow the Court to consider limited categories of issues involving multiple exhibits. Finally, the Court could more efficiently resolve a category of disputes that might otherwise arise repeatedly across multiple days of trial.1

NOW THEREFORE, the parties, through the undersigned counsel, hereby respectfully request the Court's permission to file separate five-page statements on Tuesday, February 28, 2017, regarding seeking or opposing preadmission of exhibits falling into the broad categories, described above.

Pursuant to Civil Local Rule 5-1(i), the filer attests that concurrence in the filing of this document has been obtained from the signatories above.

[PROPOSED] ORDER

The parties' stipulated administrative motion is GRANTED. DIRECTV and the FTC shall each file on Tuesday, February 28, 2017 a brief not exceeding five pages addressing the admissibility and foundation issues described above.