Gresham, et al v. Picker, et al

Filing 23

STIPULATION and ORDER signed by District Judge John A. Mendez on 9/23/16 ORDERING The Federal Rule of Civil Procedure 26(f) conference and Joint Status Report ordered by this Court on 8/5/16 shall be postponed until 21 days after the Court issues its ruling on Plaintiffs' motion for preliminary injunction. (Washington, S)

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1 2 3 4 5 6 7 8 9 10 11 12 BENBROOK LAW GROUP, PC BRADLEY A. BENBROOK (SBN 177786) STEPHEN M. DUVERNAY (SBN 250957) 400 Capitol Mall, Suite 1610 Sacramento, CA 95814 Telephone: (916) 447-4900 Facsimile: (916) 447-4904 brad@benbrooklawgroup.com steve@benbrooklawgroup.com HOLTZMAN VOGEL JOSEFIAK TORCHINSKY PLLC JASON TORCHINSKY* 45 North Hill Drive, Suite 100 Warrenton, VA 20186 Phone: (540) 341-8808 Facsimile: (540) 341-8809 jtorchinsky@hvjt.law *Pro hac vice Attorneys for Plaintiffs 13 14 UNITED STATES DISTRICT COURT 15 EASTERN DISTRICT OF CALIFORNIA 16 17 18 VICTOR GRESHAM and CONQUEST COMMUNICATIONS GROUP, LLC, Plaintiffs, 19 20 21 22 23 24 25 26 v. MICHAEL PICKER, MIKE FLORIO, CARLA PETERMAN, LIANE RANDOLPH, and CATHERINE SANDOVAL, in their official capacity as Commissioners of the California Public Utilities Commission, Case No.: 2:16−CV−01848−JAM−CKD STIPULATION AND ORDER REGARDING AUGUST 5, 2016 ORDER REQUIRING JOINT STATUS REPORT Action Filed: Aug. 4, 2016 Defendants. 27 28 STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT 1 2 3 WHEREAS Plaintiffs filed this action on August 4, 2016 challenging the constitutionality of Cal. Pub. Util. Code §§ 2872, 2874(a), and 2876; WHEREAS on August 5, 2016 the Court issued an order requiring that the parties hold the 4 conference required by Federal Rule of Civil Procedure 26(f) and file a joint status report within 5 60 days of service of the complaint; 6 7 8 9 10 WHEREAS Plaintiffs served the complaint on August 10, 2016, thus requiring the parties to hold the Rule 26(f) conference and submit a joint status report on or before October 7, 2016; WHEREAS Plaintiffs have filed a motion for preliminary injunction scheduled for hearing on October 4, 2016; WHEREAS the parties agree that good cause exists to postpone the joint status report until 11 after the hearing on Plaintiffs’ motion for preliminary injunction. 12 IT IS HEREBY STIPULATED by and between: 13 Plaintiffs Victor Gresham and Conquest Communications Group, LLC, and Defendants 14 Michael Picker, Mike Florio, Carla Peterman, Liane Randolph and Catherine Sandoval in their 15 official capacity as current Commissioners of the California Public Utilities Commission, that 16 good cause exits: 17 1. For the Federal Rule of Civil Procedure 26(f) conference and Joint Status Report 18 ordered by this Court on August 5, 2016 to be postponed until no more than 21 days after the 19 Court issues its ruling on Plaintiffs’ motion for preliminary injunction. 20 21 Dated: September 23, 2016 BENBROOK LAW GROUP, PC 22 23 24 s/ Bradley A. Benbrook__ BRADLEY A. BENBROOK Attorneys for Plaintiffs 25 26 27 28 STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT -1- 1 Dated: September 23, 2016 CALIFORNIA PUBLIC UTILITIES COMMISSION 2 3 4 s/ Christine J. Hammond_____ CHRISTINE J. HAMMOND Attorneys for Defendants 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT -2- 1 2 3 UNITED STATES DISTRICT COURT 4 EASTERN DISTRICT OF CALIFORNIA 5 6 7 VICTOR GRESHAM and CONQUEST COMMUNICATIONS GROUP, LLC, Plaintiffs, 8 9 10 11 12 13 14 Case No.: 2:16−CV−01848−JAM−CKD ORDER REGARDING AUGUST 5, 2016 ORDER REQUIRING JOINT STATUS REPORT v. MICHAEL PICKER, MIKE FLORIO, CARLA PETERMAN, LIANE RANDOLPH, and CATHERINE SANDOVAL, in their official capacity as Commissioners of the California Public Utilities Commission, Action Filed: Aug. 4, 2016 Defendants. 15 16 Upon Consideration of the Parties’ Stipulation Regarding August 5, 2016 Order Requiring 17 Joint Status Report, and good cause appearing therefore, IT IS HEREBY ORDERED THAT: 18 The Federal Rule of Civil Procedure 26(f) conference and Joint Status Report ordered by this 19 Court on August 5, 2016 shall be postponed until 21 days after the Court issues its ruling on 20 Plaintiffs’ motion for preliminary injunction. 21 IT IS SO ORDERED. 22 23 24 25 DATED: September 23, 2016 /s/ John A. Mendez________________ HONORABLE JOHN A. MENDEZ UNITED STATES DISTRICT COURT JUDGE 26 27 28 STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT -1-

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