Federal Trade Commission v. Publishers Business Services, Inc. et al

Filing 346

ORDER Granting 345 Stipulation for Extension of Time re 344 Order on Mandate (First Request). Signed by Judge Andrew P. Gordon on 8/26/2021. (Copies have been distributed pursuant to the NEF - MR)

Case 2:08-cv-00620-APG-GWF Document 346 Filed 08/26/21 Page 1 of 2

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FAYE CHEN BARNOUW, CA Bar No. 168631
[e-mail]
MARICELA SEGURA, CA Bar No. 225999
[e-mail]
Federal Trade Commission
10990 Wilshire Blvd., Ste. 400
Los Angeles, CA 90024
Tel: [phone]
Fax: [phone]
Attorneys for the Plaintiff
Federal Trade Commission

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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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FEDERAL TRADE COMMISSION,
v.

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Plaintiff,

FIRST STIPULATED REQUEST
FOR EXTENSION OF TIME TO
COMPLY WITH AUGUST 5, 2021
ORDER ON MANDATE [DOCKET
#344]; [PROPOSED] ORDER
THEREON

PUBLISHERS BUSINESS SERVICES,
INC., et al.,
Defendants.

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Case No. 2:08-cv-00620-APG-GWF

The parties respectfully stipulate and request that the Court extend the
deadline from August 31, 2021 to October 12, 2021, for the parties to comply with
the Court’s August 5, 2021 Order (docket #344). This is the parties’ first requested
extension of time.
On June 10, 2021, the Ninth Circuit issued a judgment affirming in part,

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vacating in part, and remanding the Judgment of this Court in the above-captioned

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action. On August 5, 2021, this Court entered an Order (docket #344) consistent

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with the Ninth Circuit’s mandate and ordering the parties, Plaintiff Federal Trade

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Commission and Defendants Publishers Business Services, Inc., Ed Dantuma

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Enterprises, Inc., Dirk Dantuma, Dries Dantuma, Jeff Dantuma, and Brenda

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Dantuma Schang, to confer about a Stipulated Judgment resolving this case. The
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Case 2:08-cv-00620-APG-GWF Document 346 Filed 08/26/21 Page 2 of 2

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Order requires the parties to file, by August 31, 2021, an appropriate stipulation, or

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if they cannot agree, joint or separate briefs explaining the areas of disagreement

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and a proposed briefing schedule on all remaining issues.

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In accordance with the Court’s August 5, 2021, the parties have engaged in

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good faith, meaningful settlement discussions, which are ongoing. Before the FTC

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can present a proposed settlement agreement to the Court, any proposed settlement

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will need to be reviewed and approved by the FTC’s Bureau of Consumer

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Protection and then by a majority vote of the five Commissioners that comprise the

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Federal Trade Commission. Counsel for the parties anticipate that a six-week
extension of time, from August 31, 2021 to October 12, 2021, will be sufficient to
determine whether the parties can settle this matter or will need to file briefs on
areas of disagreement. The parties thus respectfully request an extension of time
through and including October 12, 2021 for the filing of a status report on the
progress of their settlement negotiations.
Respectfully submitted,

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Dated: August 26, 2021

Dated: August 26, 2021

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FEDERAL TRADE COMMISSION
/s/ Faye Chen Barnouw
Faye Chen Barnouw
Maricela Segura
Attorneys for Plaintiff
Federal Trade Commission

HOMER BONNER
/s/ Peter W. Homer
Peter W. Homer
Attorney for Defendants
Publishers Business Services, Inc., Ed
Dantuma Enterprises, Inc., Dirk
Dantuma, Dries Dantuma, Jeff
Dantuma, and Brenda Dantuma Schang

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IT IS SO ORDERED:

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_________________________________
HONORABLE ANDREW P. GORDON
UNITED STATES DISTRICT JUDGE

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August 26, 2021
DATED: _________________________

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