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

Filing 67

STIPULATION and ORDER to extend stay of case signed by Judge John A. Mendez on 04/09/15. (Benson, A)

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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]
Attorneys for Defendant KIRIT PATEL, INDIVIDUALLY AND AS AN OFFICER OF
BROADWAY GLOBAL MASTER, INC., AND IN-ARABIA SOLUTIONS, INC.

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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FEDERAL TRADE COMMISSION,

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

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Plaintiff,

STIPULATION TO EXTEND STAY; AND
ORDER

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v.
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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
On August 23, 2012, defendant Kirit Patel was indicted by the United States on criminal
charges related to the same subject matter as the instant case (see Case No. 2:12-CR-00306-JAM). On
September 12, 2012, the Court entered a stipulation between Mr. Patel and counsel for the Federal
Trade Commission (“FTC”) staying this matter for six months or until the resolution of the criminal
case, whichever is shorter. The parties continued the stay for an additional four months on March 8,
2013, an additional 90 days on July 8, 2013, an additional 90 days on November 8, 2013, an additional

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STIPULATION TO EXTEND STAY; AND PROPOSED ORDER

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90 days on February 7, 2014, an additional 90 days on April 29, 2014, an additional 120 days on

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August 5, 2014 and an additional 120 days on December 8, 2014.

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

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includes restitution and criminal penalties. Sentencing was originally scheduled for February 10, 2015.

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However, sentencing has now been continued to May 19, 2015. Given the pending issues with the

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criminal case, and in order to allow Mr. Patel and the FTC to try and reach a resolution of the civil

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matter, Mr. Patel and counsel for the FTC believe it is necessary to extend the stay for an additional 90

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days. Mr. Patel agrees that, during the pendency of the stay, he will not seek the release of assets

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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

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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.
Dated: April 9, 2015
FEDERAL TRADE COMMISSION

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

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Dated: April 9, 2015
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: April 9, 2015
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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