Federal Trade Commission v. Broadway Global Master Inc. et al

Filing 65

STIPULATION and ORDER 64 extending stay signed by Judge John A. Mendez on 12/8/2014. Given pending issues with criminal case, and in order to allow Mr. Patel and the FTC to try and reach a resolution of civil matter, Mr. Patel and counsel for FTC b elieve it necessary to EXTEND the stay for additional 120 days. Mr. Patel agrees that, during pendency of stay, he will NOT seek release of assets frozen pursuant to Preliminary Injunction. The requested stay is a stay of entire civil action against all defendants including a stay of pending Motion for Default Judgment against defendants Broadway Global Master Inc. and In-Arabia Solutions Inc.. The stay does not alter the Preliminary Injunction with asset freeze, which will remain in full effect. (Marciel, M)

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Mark E. Ellis - 127159
Andrew M. Steinheimer - 200524
ELLIS LAW GROUP, LLP
740 University Avenue, Suite 100
Sacramento, CA 95825
Tel: [phone]
Fax: [phone]
[e-mail]
[e-mail]

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Attorneys for Defendant KIRIT PATEL

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
SACRAMENTO DIVISION

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FEDERAL TRADE COMMISSION,
Plaintiff,

Case No. 2:12-cv-0855 JAM DAD

v.

STIPULATION TO EXTEND STAY;
AND ORDER

BROADWAY GLOBAL MASTER INC.,
a corporation, also d/b/a BGM,
IN-ARABIA SOLUTIONS INC., a
corporation, and
KIRIT PATEL, individually and as an officer
of BROADWAY GLOBAL MASTER INC.,
and IN-ARABIA SOLUTIONS INC.
Defendants.

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STIPULATION

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On August 23, 2012, defendant Kirit Patel was indicted by the United States on criminal

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charges related to the same subject matter as the instant case (see Case No. 2:12-CR-00306-JAM). On

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September 12, 2012, the Court entered a stipulation between Mr. Patel and counsel for the Federal

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Trade Commission (“FTC”) staying this matter for six months or until the resolution of the criminal

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case, whichever is shorter. The parties continued the stay for an additional four months on March 8,

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2013, an additional 90 days on July 8, 2013, an additional 90 days on November 8, 2013, an additional

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90 days on February 7, 2014, an additional 90 days on April 29, 2014 and an additional 120 days on
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STIPULATION TO EXTEND STAY; AND PROPOSED ORDER

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August 5, 2014.

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In October 2014, Mr. Patel has entered into a plea agreement in the criminal case. The

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agreement includes restitution and criminal penalties. Sentencing is scheduled for February 10, 2015.

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Given the pending issues with the criminal case, and in order to allow Mr. Patel and the FTC to try and

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reach a resolution of the civil matter, Mr. Patel and counsel for the FTC believe it is necessary to

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extend the stay for an additional 120 days. Mr. Patel agrees that, during the pendency of the stay, he

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will not seek the release of assets frozen pursuant to the preliminary injunction.

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The requested stay is a stay of the entire civil action against all defendants including a stay of
the pending motion for default judgment against defendants Broadway Global Master Inc. and In-

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Arabia Solutions Inc. The stay does not alter the preliminary injunction with asset freeze, which will

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remain in full effect.

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IT IS SO STIPULATED.

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Dated: December 8, 2014
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FEDERAL TRADE COMMISSION

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By /s/ Sarah Schroeder
Sarah Schroeder
Attorney for Plaintiff
FEDERAL TRADE COMMISSION

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Dated: December 8, 2014
ELLIS LAW GROUP, LLP

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By /s/Andrew M. Steinheimer
Andrew M. Steinheimer
Attorney for Defendant
KIRIT PATEL

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IT IS SO ORDERED.

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Dated: 12/8/2014
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/s/ John A. Mendez____________
Honorable John A. Mendez
United States District Court Judge

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STIPULATION TO EXTEND STAY; AND PROPOSED ORDER