Gresham, et al v. Picker, et al
Filing
39
ORDER signed by District Judge John A. Mendez on 12/11/2017 ORDERING the parties, by and through their respective undersigned counsel, respectfully request that the Court MAINTAIN the STAY of all District Court proceedings in this matter pending the U.S. Supreme Court's determination on the petition for writ of certiorari, whether by denial of the petition or, if the petition is granted, by review of the Ninth Circuit's decision. (Reader, L)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
BENBROOK LAW GROUP, PC
BRADLEY A. BENBROOK (SBN 177786)
STEPHEN M. DUVERNAY (SBN 250957)
400 Capitol Mall, Suite 2530
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
AROCLES AGUILAR (SBN 94753)
CHRISTINE JUN HAMMOND (SBN 206768)
CALIFORNIA PUBLIC UTILITIES COMMISSION
505 Van Ness Avenue
San Francisco, CA 94102
Phone: (415) 703-2682
Facsimile: (415) 703-4592
arocles.aguilar@cpuc.ca.gov
cjh@cpuc.ca.gov
17
18
UNITED STATES DISTRICT COURT
19
EASTERN DISTRICT OF CALIFORNIA
20
21
22
VICTOR GRESHAM and CONQUEST
COMMUNICATIONS GROUP, LLC,
23
24
25
Plaintiffs,
v.
MICHAEL PICKER, et al.
26
27
Case No.: 2:16−CV−01848−JAM−CKD
STIPULATION AND ORDER
REGARDING NOVEMBER 1, 2017
ORDER REQUIRING JOINT STATUS
REPORT
Action Filed: Aug. 4, 2016
Defendants.
28
STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT
1
At the request of parties, the Court on October 31, 2017 stayed this matter pending
2
resolution of an appeal the plaintiffs took to the Ninth Circuit Court of Appeals from this Court’s
3
order denying their motion for a preliminary injunction. On November 2, 2017, after receipt of the
4
Ninth Circuit’s Memorandum Affirming the District Court Order, this Court ordered parties to file
5
on or before December 8, 2017 a Joint Status Report as previously ordered on August 5, 2016.
6
On November 8, 2017, the United States Supreme Court docketed the plaintiffs’ petition
7
for writ of certiorari from the Ninth Circuit Court of Appeals, at U.S. Supreme Court Case No. 17-
8
677. On December 5, defendants/respondents filed a notice with the U.S. Supreme Court that they
9
do not intend to file a response to the certiorari petition unless required to do so.
10
Counsel for both the plaintiffs and defendants have conferred and stipulate that it would be
11
appropriate for this Court to continue the present stay of proceedings while the certiorari petition is
12
under consideration, as any decision from the U.S. Supreme Court would likely have a material
13
impact on the litigation.
14
Accordingly, the parties, by and through their respective undersigned counsel,
15
respectfully request that the Court maintain the stay of all District Court proceedings in this
16
matter pending the U.S. Supreme Court’s determination on the petition for writ of
17
certiorari, whether by denial of the petition or, if the petition is granted, by review of the
18
Ninth Circuit’s decision.
19
20
21
22
23
24
25
26
27
28
STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT
-1-
1
2
Dated: December 8, 2017
Respectfully submitted,
BRADLEY A. BENBROOK
3
4
By: _/s Bradley A. Benbrook______
Bradley A. Benbrook
Attorney for Plaintiffs
5
6
BENBROOK LAW GROUP, PC
400 Capitol Mall, Suite 2530
Sacramento, CA 95814
Telephone: (916) 447-4900
Facsimile: (916) 447-4904
brad@benbrooklawgroup.com
7
8
9
10
11
12
Dated: December 8, 2017
AROCLES AGUILAR
CHRISTINE JUN HAMMOND
13
By: _ /s Christine J. Hammond_ __
Christine Jun Hammond
Attorneys for Defendants
14
15
CALIFORNIA PUBLIC UTILITIES
COMMISSION
505 Van Ness Avenue
San Francisco, CA 94102
Phone: (415) 703-2682
Facsimile: (415) 703-4592
cjh@cpuc.ca.gov
16
17
18
19
20
21
22
23
IT IS SO ORDERED.
DATED: 12/11/2017
/s/ John A. Mendez_____________
United States District Court Judge
24
25
26
27
28
STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT
-2-
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?