Daniels Sharpsmart, Inc. v. Smith, et al.

Filing 49

PARTIES JOINT STATUS REPORT AND ORDER. IT IS HEREBY SO ORDERED THAT the stay in this matter is CONTINUED to July 30, 2018. It is further ordered that the parties shall submit a joint status report thirty days from the date of entry of this order. Signed by Magistrate Judge Stanley A. Boone on 7/3/2018. (Hernandez, M)

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XAVIER BECERRA, State Bar No. 118517
Attorney General of California
ISMAEL A. CASTRO, State Bar No. 85452
Supervising Deputy Attorney General
RENU R. GEORGE, State Bar No. 262310
KARLI EISENBERG, State Bar No. 281923
Deputy Attorneys General
1300 I Street, Suite 125
P.O. Box 944255
Sacramento, CA 94244-2550
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Attorneys for Defendants Karen Smith, et al.

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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DANIELS SHARPSMART, INC.,

Plaintiff, PARTIES’ JOINT STATUS REPORT

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1:17-cv-00403-LJO-SAB

v.

Judge:

The Honorable Lawrence
O’Neill
Trial Date:
None Set
Action Filed: March 20, 2017

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KAREN SMITH, et al.,
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Defendants.
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JOINT STATUS REPORT
Plaintiff Daniels Sharpsmart, Inc. and Defendants Karen Smith, et al. (collectively
“Defendants”), by and through their respective counsel, hereby file this Joint Status Report and
Stipulation:
WHEREAS, Plaintiff filed a Complaint on March 20, 2017 naming Karen Smith, et al. as
Defendants in this action;
WHEREAS, on June 13, 2017, this Court denied Defendants’ motion to dismiss and
granted Plaintiff’s motion for a preliminary injunction;
WHEREAS, on July 12, 2017, Defendants appealed this Court’s June 13, 2017 order;
WHEREAS, on May 2, 2018, the Ninth Circuit issued an opinion affirming in part and
reversing in part this Court’s June 13, 2017 order;
WHEREAS, on May 24, 2018, the Ninth Circuit issued its mandate;
WHEREAS, the parties have been in settlement discussions since the issuance of the
mandate and agree that staying the district court matter an additional fourteen days, until July 30,
2018, while these settlement discussions continue will preserve both judicial resources and each
of the parties’ resources.
WHEREAS, the parties further agree that they will submit a joint report on the status of the
settlement discussions thirty days from the date of the Court’s order granting the parties’ request
for a stay.
NOW THEREFORE, THE PARTIES HEREBY STIPULATE AND AGREE that this case
be stayed until July 30, 2018 while the parties continue settlement discussions. The parties
further stipulate to file a joint status report thirty days from the date of the Court’s order granting
the parties’ request for a stay.

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Dated: July 2, 2018

Respectfully submitted,

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XAVIER BECERRA
Attorney General of California
ISMAEL A. CASTRO
Supervising Deputy Attorney General

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/s/ Renu R. George
/s/ Karli Eisenberg
RENU R. GEORGE
KARLI EISENBERG
Deputy Attorneys General
Attorneys for Defendants Karen Smith, et al.

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Dated: July 2, 2018

Respectfully submitted,

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STEPTOE & JOHNSON
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/s/ Jason Levin (as authorized on
07/02/2018)
JASON LEVIN
Attorneys for Plaintiff Daniels Sharpsmart,
Inc.

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SA2017106433
13142866.doc

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ORDER

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Pursuant to the stipulation of the parties, IT IS HEREBY SO ORDERED THAT the stay in

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this matter is CONTINUED to July 30, 2018. It is further ordered that the parties shall submit a

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joint status report thirty days from the date of entry of this order.

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IT IS SO ORDERED.
Dated:

July 3, 2018
UNITED STATES MAGISTRATE JUDGE

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