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

Filing 348

ORDER Re: 347 Status Report. Signed by Judge Andrew P. Gordon on 10/8/2021. (Copies have been distributed pursuant to the NEF - HAM)

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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.

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

Plaintiff,

JOINT STATUS REPORT RE
SETTLEMENT NEGOTIATIONS
AND SECOND STIPULATED
REQUEST FOR EXTENSION OF
TIME TO COMPLY WITH AUGUST
5, 2021 ORDER ON MANDATE
[DOCKET #344]; ORDER
THEREON

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

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Plaintiff Federal Trade Commission (“FTC”) and Defendants Publishers

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Business Services, Inc., Ed Dantuma Enterprises, Inc., Dirk Dantuma, Dries

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Dantuma, Jeffrey Dantuma, and Brenda Dantuma Schang (“Defendants”) hereby

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submit a Joint Status Report, pursuant to the Court’s August 26, 2021 Order on the
parties’ “First Stipulated Request for Extension of Time to Comply with August 5,
2021 Order on Mandate” (docket #346). In addition, the parties respectfully
stipulate and request that the Court extend the deadline for the parties to comply

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with the Court’s August 5, 2021 Order (docket #344) from October 12, 2021 to

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December 14, 2021. This is the parties’ second 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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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
and a proposed briefing schedule on all remaining issues. On August 26, 2021, the
Court granted the parties’ “First Stipulated Request for Extension of Time to
Comply with August 5, 2021 Order on Mandate” (docket #346), allowing the
parties to file this Joint Status Report by October 12, 2021.
In accordance with the Court’s August 5, 2021 Order, the parties have
engaged in good faith, meaningful settlement discussions, which are ongoing. The

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parties have made substantial progress in settlement negotiations but need

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additional time to try to reach an agreement. Before the FTC can present a

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proposed settlement agreement to the Court, any proposed settlement will need to

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be reviewed and approved by the FTC’s Bureau of Consumer Protection and then

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by a majority vote of the Federal Trade Commission.

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Counsel for the parties anticipate that a nine-week extension of time will be

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sufficient to determine whether the parties can settle this matter or will need to file

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briefs on areas of disagreement. The parties thus respectfully request an extension

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//

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of time through and including December 14, 2021 for the filing of a second status

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report on the progress of their settlement negotiations.

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Respectfully submitted,
Dated: October 8, 2021

Dated: October 8, 2021

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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October 8, 2021
DATED: _________________________

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