J & J Sports Productions, Inc. v. Nguyen et al

Filing 52

Order Staying Case. The Clerk shall administratively close the case file. Signed by Judge Lucy H. Koh on 3/18/2014. (lhklc1, COURT STAFF) (Filed on 3/18/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN JOSE DIVISION

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)
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Plaintiff,
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v.
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XUANLAN NGUYEN, individually and d/b/a )
BRITANNIA ARMS OF CAPITOLA; and
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BRITANNIA ARMS PUB & RESTAURANT, )
)
INC., an unknown business entity d/b/a
)
BRITANNIA ARMS OF CAPITOLA,
)
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Defendants.
)
J&J SPORTS PRODUCTIONS, INC.,

Case No.: 13-CV-02008-LHK
ORDER STAYING CASE

On January 7, 2014, this Court denied Defendants’ Motion to Dismiss. See ECF No. 42.

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Because the denial included a denial of Defendant’s anti-SLAPP motion, Defendants have sought

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appellate review of this Court’s order. See ECF No. 43. In a March 12, 2014 Joint Case

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Management Statement, Defendants sought a stay of proceedings pending appellate review. See

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ECF No. 46. This Court ordered further briefing on whether a stay would be appropriate. See ECF

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No. 49. The parties filed such briefs. ECF Nos. 50-51. Defendants seek a stay, and Plaintiff does

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not oppose a stay.

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In light of the parties’ positions, the Court in its discretion stays the case pending appellate

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review of the January 7, 2014 Order. All deadlines set in this Court’s Case Management Order,

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ECF No. 40, are hereby vacated with the exception of the referral to Court mediation with a May
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Case No.: 13-CV-02008-LHK
ORDER STAYING CASE

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15, 2014 deadline per Defendants’ request. ECF No. 50 at 2 n.1. The Case Management

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Conference set for March 19, 2014, is vacated. The parties shall move to lift the stay and reopen

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the case upon issuance of the Ninth Circuit’s mandate.

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The Clerk shall administratively close the case file pending the stay.

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IT IS SO ORDERED.
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Dated: March 18, 2014

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LUCY H. KOH
United States District Judge

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United States District Court
For the Northern District of California

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Case No.: 13-CV-02008-LHK
ORDER STAYING CASE