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)

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BENBROOK LAW GROUP, PC
BRADLEY A. BENBROOK (SBN 177786)
STEPHEN M. DUVERNAY (SBN 250957)
400 Capitol Mall, Suite 2530
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]
HOLTZMAN VOGEL
JOSEFIAK TORCHINSKY PLLC
JASON TORCHINSKY*
45 North Hill Drive, Suite 100
Warrenton, VA 20186
Phone: [phone]
Facsimile: [phone]
[e-mail]
*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: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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VICTOR GRESHAM and CONQUEST
COMMUNICATIONS GROUP, LLC,

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Plaintiffs,
v.
MICHAEL PICKER, et al.

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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.

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STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT

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At the request of parties, the Court on October 31, 2017 stayed this matter pending

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resolution of an appeal the plaintiffs took to the Ninth Circuit Court of Appeals from this Court’s

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order denying their motion for a preliminary injunction. On November 2, 2017, after receipt of the

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Ninth Circuit’s Memorandum Affirming the District Court Order, this Court ordered parties to file

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on or before December 8, 2017 a Joint Status Report as previously ordered on August 5, 2016.

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On November 8, 2017, the United States Supreme Court docketed the plaintiffs’ petition

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for writ of certiorari from the Ninth Circuit Court of Appeals, at U.S. Supreme Court Case No. 17-

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677. On December 5, defendants/respondents filed a notice with the U.S. Supreme Court that they

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do not intend to file a response to the certiorari petition unless required to do so.

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Counsel for both the plaintiffs and defendants have conferred and stipulate that it would be

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appropriate for this Court to continue the present stay of proceedings while the certiorari petition is

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under consideration, as any decision from the U.S. Supreme Court would likely have a material

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impact on the litigation.

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Accordingly, the parties, by and through their respective undersigned counsel,

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respectfully request that the Court maintain the stay of all District Court proceedings in this

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matter pending the U.S. Supreme Court’s determination on the petition for writ of

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certiorari, whether by denial of the petition or, if the petition is granted, by review of the

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Ninth Circuit’s decision.

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STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT

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Dated: December 8, 2017

Respectfully submitted,
BRADLEY A. BENBROOK

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By: _/s Bradley A. Benbrook______
Bradley A. Benbrook
Attorney for Plaintiffs

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BENBROOK LAW GROUP, PC
400 Capitol Mall, Suite 2530
Sacramento, CA 95814
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Dated: December 8, 2017

AROCLES AGUILAR
CHRISTINE JUN HAMMOND

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By: _ /s Christine J. Hammond_ __
Christine Jun Hammond
Attorneys for Defendants

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CALIFORNIA PUBLIC UTILITIES
COMMISSION
505 Van Ness Avenue
San Francisco, CA 94102
Phone: [phone]
Facsimile: [phone]
[e-mail]

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IT IS SO ORDERED.
DATED: 12/11/2017

/s/ John A. Mendez_____________
United States District Court Judge

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STIPULATION AND ORDER RE: SCHEDULING—JOINT STATUS REPORT

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