United Cerebral Palsy of Greater Sacramento, v. VGT, Inc.

Filing 34

STIPULATION and ORDER regarding Stay of Action pending outcome of appeal in related action signed by Judge John A. Mendez on 7/28/2009. (Matson, R)

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MENNEMEIER, GLASSMAN & STROUD LLP ANDREW W. STROUD (SBN 126475) MARGARET CAREW TOLEDO (SBN 181227) LANDON D. BAILEY (SBN 240236) 980 9th Street, Suite 1700 Sacramento, CA 95814 Telephone: [phone] Facsimile: 916-553-4011 E-mail: [e-mail] Attorneys for Defendant Video Gaming Technologies, Inc. PALMER KAZANJIAN WOHL HODSON LLP HEATHER S. CANDY (SBN 205900) 520 Capitol Mall, Suite 600 Sacramento, CA 95814 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff United Cerebral Palsy of Greater Sacramento UNITED STATES DISTRICT COURT

13 FOR THE EASTERN DISTRICT OF CALIFORNIA 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiff United Cerebral Palsy of Greater Sacramento ("UCP") and Defendant Video Gaming Technologies, Inc. ("VGT"), by and through their counsel of record, do hereby stipulate and agree as follows: WHEREAS on or about May 7, 2009, this Court entered a preliminary injunction in the action Video Gaming Technologies, Inc., et al. v. Bureau of Gambling Control, et al.; Case No. 2:08-cv-01241-JAM-EFB (hereafter "Related Action");
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UNITED CEREBRAL PALSY OF GREATER SACRAMENTO,

) ) ) Plaintiff, ) ) v. ) ) VIDEO GAMING TECHNOLOGIES, INC., ) ) Defendant. ) ) ) ) ______________________________________ )

Case No. 2:09-cv-00555-JAM-EFB STIPULATION REGARDING STAY OF ACTION PENDING OUTCOME OF APPEAL IN RELATED ACTION; ORDER Filed: February 26, 2009 The Hon. John A. Mendez

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STIPULATION REGARDING STAY OF ACTION

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WHEREAS on May 26, 2009, the State of California filed a Notice of Appeal in the Related Action; WHEREAS because it is an appeal from a preliminary injunction, briefing and hearing in the Related Action will be expedited; WHEREAS because many of the issues presented in the appeal in the Related Action are relevant to this action, such that decision on appeal in the Related Action may have a material impact on future proceedings in this action; and WHEREAS judicial economy would be best served by waiting until completion of the appeal before continuing proceedings in this action; NOW THEREFORE, the parties do hereby agree as follows: 1. Upon approval of this Court, the June 23, 2009 order adopting the briefing

schedule and hearing date of August 26, 2009 on the preliminary injunction is hereby VACATED. 2. All further proceedings in this action are hereby STAYED until the Ninth

Circuit issues its opinion in the Related Action. The Court's February 27, 2009 order granting plaintiff a temporary restraining order will remain in full force and effect while this action is stayed. 3. Within ten (10) days following the issuance of the Ninth Court's opinion

in the Related Action, the parties shall contact the Court with a scheduling proposal regarding setting a hearing for a preliminary injunction in this action or dissolving the temporary restraining order, or making any other scheduling proposal that would appear to be called for in light of the Ninth Circuit's decision. 4. Nothing herein shall prohibit either party from moving to lift the stay and

setting this matter for hearing on the Court's next available calendar, nor the Court from lifting the stay sua sponte. /// /// ///
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STIPULATION REGARDING STAY OF ACTION

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Dated: July 27, 2009

MENNEMEIER, GLASSMAN & STROUD LLP

By:

/s/ Andrew W. Stroud Andrew W. Stroud Attorneys for Defendant Video Gaming Technologies, Inc.

Dated: July 27, 2009

PALMER KAZANJIAN WOHL HODSON LLP

By:

/s/ Heather S. Candy Heather S. Candy Attorneys for Plaintiff United Cerebral Palsy Of Greater Sacramento

IT IS SO ORDERED. 14 15 DATED: 16 17 18 19 20 21 22 23 24 25 26 27 28
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July 28, 2009

/s/ John A. Mendez Judge John A. Mendez United States District Court Eastern District of California

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STIPULATION REGARDING STAY OF ACTION