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

Filing 352

ORDER granting 351 Stipulation to Extend Time - Status Report due by 3/8/2022. Signed by Judge Andrew P. Gordon on 12/14/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:08-cv-00620-APG-GWF Document 352 Filed 12/14/21 Page 1 of 3

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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,

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

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

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Plaintiff Federal Trade Commission (“FTC”) and Defendants Publishers
Business Services, Inc., Ed Dantuma Enterprises, Inc., Dirk Dantuma, Dries
Dantuma, Jeffrey Dantuma, and Brenda Dantuma Schang (“Defendants”) hereby
submit a Joint Status Report, pursuant to the Court’s October 8, 2021 Order on the
parties’ “Second Stipulated Request for Extension of Time to Comply with August
5, 2021 Order on Mandate” (docket #348). In addition, the parties respectfully
stipulate and request that the Court extend the deadline for the parties to comply

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Case 2:08-cv-00620-APG-GWF Document 352 Filed 12/14/21 Page 2 of 3

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with the Court’s August 5, 2021 Order (docket #344) from December 14, 2021 to

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March 8, 2022. This is the parties’ third requested extension of time.

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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
Order requires the parties to file, by August 31, 2021, an appropriate stipulation, or
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. On October 8, 2021,
the Court granted the parties’ “Second Stipulated Request for Extension of Time to
Comply with August 5, 2021 Order on Mandate” (docket #348).
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 twelve-week extension of time will

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

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file briefs on areas of disagreement. The parties thus respectfully request an
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Case 2:08-cv-00620-APG-GWF Document 352 Filed 12/14/21 Page 3 of 3

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extension of time through and including March 8, 2022 for the filing of a status

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report on the progress of their settlement negotiations.

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Respectfully submitted,
Dated: December 13, 2021

Dated: December 13, 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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December 14, 2021
DATED: _________________________

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