Lopez Tax Service, Inc. et al v. The Income Tax School, Inc.

Filing 28

ORDER GRANTING AS MODIFIED (27 in 3:12-cv-02654-JSW) STIPULATION RE CONSOLIDATION AND DISMISSAL. Case Management Statement due by 10/19/2012. Case Management Conference set for 10/26/2012 01:30 PM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge Jeffrey S. White on 10/3/12. (jjoS, COURT STAFF) (Filed on 10/3/2012)

Case3:12-cv-02654-JSW Document27 Filed10/02/12 Page1 of 3

1
2
3
4
5

GAUNTLETT & ASSOCIATES
David A. Gauntlett (SBN 96399)
James A. Lowe (SBN 214383)
Andrew M. Sussman (SBN 112418)
18400 Von Karman, Suite 300
Irvine, California 92612
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

6
7

Attorneys for Plaintiffs Lopez Tax Service, Inc.,
Carlos C. Lopez, Kristeena S. Lopez, and Latino
Tax Professionals Association, LLC

8
9
10
11
12
13

Nicholas Ranallo (SBN 275016)
Attorney at Law
371 Dogwood Way
Boulder Creek, California 95006
Telephone: [phone]
Facsimile: (831-533-5073
[e-mail]

16

Christopher E. Gatewood [Pro Hac Vice Pending]
THRESHOLD COUNSEL, PC
1905 Huguenot Road, Suite 200
Richmond, Virginia 23235
Telephone: [phone]
Facsimile: [phone]
[e-mail]

17

Attorneys for Defendant The Income Tax School

14
15

18
UNITED STATES DISTRICT COURT
19
NORTHERN DISTRICT OF CALIFORNIA
20
SAN FRANCISCO DIVISION
21
22

LOPEZ TAX SERVICE, INC., et al.,

23
24

Plaintiffs,
vs.

25
THE INCOME TAX SCHOOL, INC.,
26
27

Defendant.

)
)
)
)
)
)
)
)
)
)
)
)

Case No.: CV12-02654-JSW
STIPULATION AND [PROPOSED]
ORDER RE CONSOLIDATION AND
DISMISSAL
[Civ. L.R. 7-12]

28
175913.1-10654-002-10/2/2012 12:26 PM

STIPULATION AND [PROPOSED] ORDER

Case3:12-cv-02654-JSW Document27 Filed10/02/12 Page2 of 3

1

Pursuant to Civ. L.R. 7-12, Plaintiffs LOPEZ TAX SERVICE, INC., CARLOS C. LOPEZ,

2

KRISTEENA S. LOPEZ and LATINO TAX PROFESSIONALS ASSOCIATION, LLC,

3

(collectively “Lopez”) and Defendant THE INCOME TAX SCHOOL, INC. (“ITS”) hereby stipulate

4

and agree to the following subject to the approval of the Court:

5

WHEREAS, the above-captioned lawsuit (“Lopez suit”) and the action captioned: The

6

Income Tax School, Inc. v. Lopez Tax Service, Inc., et al., United States District Court, Northern

7

District of California, Oakland Division, Case No. CV12-4181-JSW (“ITS suit”) were previously

8

deemed related to one another by this Court’s Order entered August 22, 2012 [Docket No. 26]; and

9
10

WHEREAS, the Lopez suit and ITS suit involve common questions of law and fact within the
meaning of Fed. R, Civ. P. 42; and

11

WHEREAS, Lopez and ITS have come to agreements concerning ITS’ pending motion to

12

dismiss the Complaint filed in the Lopez suit, and concerning the responsive pleadings to be filed in

13

the Lopez and ITS suits;

14
15

NOW THEREFORE, subject to the approval of the Court Lopez and ITS agree to the
following:

16

1.

The Lopez suit and the ITS suit, previously deemed related to one another by this

17

Court’s Order entered August 22, 2012 [Docket No. 26], shall be and hereby are consolidated

18

pursuant to Fed. R. Civ. P. 42, with the case number of the Lopez suit (No. CV12-02654-JSW) as the

19

lead case number for the consolidated action.

20

2.

The presently-pending motion [Docket No. 8] by ITS to dismiss, transfer or stay the

21

first claim for declaratory relief re copyright infringement filed in the Lopez suit’s Complaint is

22

denied.

23

3.

The presently-pending motion [Docket No. 8] by ITS to dismiss, transfer or stay the

24

second claim for declaratory relief re disparagement filed in the Lopez suit’s Complaint is deemed

25

withdrawn without prejudice.

26
27

4.

Lopez’ second claim for declaratory relief re disparagement in its Complaint [Docket

No. 1] filed in the Lopez suit is dismissed without prejudice.

28
175913.1-10654-002-10/2/2012 12:26 PM

STIPULATION AND [PROPOSED] ORDER

Case3:12-cv-02654-JSW Document27 Filed10/02/12 Page3 of 3

1
2
3

5.

ITS shall file its answer and any other pleadings it deems necessary in response to the

Complaint filed in the Lopez suit not later than October 17, 2012.
6.

Defendant Latino Tax Professionals Association, LLC (the sole remaining ITS suit

4

defendant) shall file its answer and any other pleadings it deems necessary in response to the

5

Complaint filed in the ITS suit not later than October 17, 2012.

6
7

Dated: October 2, 2012

8

GAUNTLETT & ASSOCIATES
By: /s/ Andrew M. Sussman
David A. Gauntlett
James A. Lowe
Andrew M. Sussman

9
10

Attorneys for Plaintiffs
Lopez Tax Service, Inc., Carlos C. Lopez,
Kristeena S. Lopez, and Latino Tax Professionals
Association, LLC

11
12
13
14

Dated: October 2, 2012

Nicholas Ranallo, Attorney at Law
By: /s/ Nicholas Ranallo
Nicholas Ranallo

15
16

Christopher E. Gatewood [Pro Hac Vice Pending]
THRESHOLD COUNSEL, PC
1905 Huguenot Road, Suite 200
Richmond, VA 23235
Telephone: [phone]
Facsimile: [phone]
[e-mail]

17
18
19
20

Attorneys for Defendant
The Income Tax School, Inc.

21
22

24

PURSUANT TO STIPULATION, IT IS SO ORDERED.
The Case Management Conference is now moved to 1:30 p.m. on Friday
October 26, 2012. The joint CMC statement shall remain due on**

25

October 3, 2012
Dated: ____________________________

23

_________________________________________
UNITED STATES DISTRICT JUDGE

26
27

**Friday, October 19, 2012.

28
175913.1-10654-002-10/2/2012 12:26 PM

STIPULATION AND [PROPOSED] ORDER