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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1 2 3 4 5 6 Mark E. Ellis - 127159 Andrew M. Steinheimer - 200524 ELLIS LAW GROUP LLP 740 University Avenue, Suite 100 Sacramento, CA 95825 Tel: (916) 283-8820 Fax: (916) 283-8821 mellis@ellislawgrp.com asteinheimer@ellislawgrp.com Attorneys for Defendant KIRIT PATEL, INDIVIDUALLY AND AS AN OFFICER OF BROADWAY GLOBAL MASTER, INC., AND IN-ARABIA SOLUTIONS, INC. 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION 10 11 FEDERAL TRADE COMMISSION, Case No.: 2:12-cv-0855 JAM DAD 12 Plaintiff, STIPULATION TO EXTEND STAY; AND ORDER 13 v. 14 15 16 17 18 19 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. 20 21 22 23 24 25 26 27 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 28 -1______________________________________________________________________________________________________________________________________________________________________________________________________________________ STIPULATION TO EXTEND STAY; AND PROPOSED ORDER 1 90 days on February 7, 2014, an additional 90 days on April 29, 2014, an additional 120 days on 2 August 5, 2014 and an additional 120 days on December 8, 2014. 3 In October 2014, Mr. Patel entered into a plea agreement in the criminal case. The agreement 4 includes restitution and criminal penalties. Sentencing was originally scheduled for February 10, 2015. 5 However, sentencing has now been continued to May 19, 2015. Given the pending issues with the 6 criminal case, and in order to allow Mr. Patel and the FTC to try and reach a resolution of the civil 7 matter, Mr. Patel and counsel for the FTC believe it is necessary to extend the stay for an additional 90 8 days. Mr. Patel agrees that, during the pendency of the stay, he will not seek the release of assets 9 frozen pursuant to the preliminary injunction. 10 The requested stay is a stay of the entire civil action against all defendants including a stay of 11 the pending motion for default judgment against defendants Broadway Global Master Inc. and In- 12 Arabia Solutions Inc. The stay does not alter the preliminary injunction with asset freeze, which will 13 remain in full effect. 14 15 IT IS SO STIPULATED. Dated: April 9, 2015 FEDERAL TRADE COMMISSION 16 17 By /s/ Sarah Schroeder Sarah Schroeder Attorney for Plaintiff FEDERAL TRADE COMMISSION 18 19 20 Dated: April 9, 2015 ELLIS LAW GROUP, LLP 21 22 By /s/ Andrew M. Steinheimer Andrew M. Steinheimer Attorney for Defendant KIRIT PATEL 23 24 25 IT IS SO ORDERED. 26 Dated: April 9, 2015 27 /s/ John A. Mendez Honorable John A. Mendez United States District Court Judge 28 -2______________________________________________________________________________________________________________________________________________________________________________________________________________________ STIPULATION TO EXTEND STAY; AND PROPOSED ORDER

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