McGraw-Hill Global Education Holdings, LLC et al v. Stolyarchuk

Filing 17

STIPULATION and ORDER signed by Senior Judge William B. Shubb on 3/30/2018 CONSOLIDATING actions 2:18-cv-0593-WBS-EFB and 2:17-cv-1716-WBS-DB. Plaintiffs shall have until 4/5/2018 (or 10 days after the date the Court so orders this stipulation, whichever is later) to file a consolidated amended complaint. Defendant's response to the consolidated amended complaint will be due as set forth in the Federal Rules of Civil Procedure. (Zignago, K.)

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NAOMI JANE GRAY (SBN 230171)
SHADES OF GRAY LAW GROUP, P.C.
100 Shoreline Highway, Suite 100B
Mill Valley, CA 94941
Telephone: [phone]
Facsimile: [phone]
[e-mail]

KEVIN ISAACSCON
ROPERS MAJESKI KOHN & BENTLEY, PC
50 West San Fernando Street, Suite 1400
San Jose, CA 95113
Telephone: [phone]
Facsimile: [phone]
[e-mail]

SCOTT ZEBRAK (admitted pro hac vice)
OPPENHEIM + ZEBRAK, LLP
5225 Wisconsin Avenue NW, Suite 503
Washington, D.C. 20015
Telephone: [phone]
Facsimile: [phone]
[e-mail]

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Attorneys for Plaintiffs

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MCGRAW-HILL GLOBAL
EDUCATION HOLDINGS, LLC,
PEARSON EDUCATION, INC., and
CENGAGE LEARNING, INC.,

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STIPULATION AND [PROPOSED] ORDER
CONSOLIDATING RELATED ACTIONS

Plaintiff,

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Case No. 2:17-cv-01716-WBS-DB

v.
YAROSLAV STOLYARCHUK,
Defendant.

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Pursuant to Fed. R. Civ. P. 42 and Civil Local Rule 143, the parties hereby stipulate as
follows:
This Present Action is related to Elsevier, Inc., et al. v. Stolyarchuk, Case No. 18-cv00593-WBS-EFB, filed on August 17, 2017 (the Elsevier Action”). Three of the four plaintiffs in
the Elsevier Action are also plaintiffs in the Present Action: McGraw-Hill Global Education
Holdings, LLC; Pearson Education, Inc.; and Cengage Learning, Inc. The sole named defendant
in both actions is Yaroslav Stolyarchuk. In both actions, the plaintiffs assert that Defendant
STIPULATION AND PO CONSOLIDATING ACTIONS

CASE NO. 17-cv-01716-WBS-DB

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committed acts of direct and secondary copyright infringement, trademark infringement, and

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trademark counterfeiting with respect to plaintiffs’ works. (Compare D.N. 1 with Exh. A hereto.)

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Accordingly, to promote efficiency, the parties stipulate to the consolidation of this

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Present Action into the Elsevier Action. The parties anticipate a short extension of the dates;

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however, they plan to explore that once the actions are consolidated and as discovery progresses.

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Plaintiffs shall have up to and including April 5, 2018 (or 10 days after the date the Court

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so orders this stipulation, whichever is later) to file a consolidated amended complaint which will

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serve as the operating pleading in both the Present Action and the Elsevier Action. Defendant’s

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response to the consolidated amended complaint will be due as set forth in the Federal Rules of

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Civil Procedure.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

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Respectfully submitted,
Dated: March 29, 2018

SHADES OF GRAY LAW GROUP, P.C.
NAOMI JANE GRAY

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/s/ Naomi Jane Gray
Attorneys for Plaintiffs

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ROPERS MAJESKI KOHN & BENTLEY PC

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KEVIN ISAACSON

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/s/ Kevin Isaacson (as authorized on
3/29/2018)
Attorney for Defendant

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STIPULATION AND PO CONSOLIDATING ACTIONS2

CASE NO. 18-cv-593-WBS-EFB

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IT IS SO ORDERED.
Dated: March 30, 2018

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STIPULATION AND PO CONSOLIDATING ACTIONS3

CASE NO. 18-cv-593-WBS-EFB