Lopez Tax Service, Inc. et al v. The Income Tax School, Inc.
Filing
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ORDER GRANTING AS MODIFIED 22 STIPULATION CONTINUING MOTION HEARING AND CASE MANAGEMENT CONFERENCE. Motion Hearing set for 10/26/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco before Hon. Jeffrey S. White. Case Management Statement due by 10/19/2012. Case Management Conference set for 10/26/2012 09:00 AM in Courtroom 11, 19th Floor, San Francisco.. Signed by Judge JEFFREY S. WHITE on 8/7/12. (jjoS, COURT STAFF) (Filed on 8/7/2012)
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Case3:12-cv-02654-JSW Document22 Filed08/06/12 Page1 of 3
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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:
(949) 553-1010
Facsimile:
(949) 553-2050
info@gauntlettlaw.com
jal@gauntlettlaw.com
ams@gauntlettlaw.com
Attorneys for Plaintiffs
LOPEZ TAX SERVICE, INC., CARLOS C.
LOPEZ, KRISTEENA S. LOPEZ, and LATINO
TAX PROFESSIONALS ASSOCIATION, LLC
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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SAN FRANCISCO DIVISION
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LOPEZ TAX SERVICE, INC., a California
corporation, CARLOS C. LOPEZ, an
individual, KRISTEENA S. LOPEZ, an
individual, and LATINO TAX
PROFESSIONALS ASSOCIATION, LLC,
a California limited liability company,
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Plaintiffs,
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vs.
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THE INCOME TAX SCHOOL, INC., a
Virginia corporation,
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Defendant.
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Case No. CV12-0654-JSW
Hon. Jeffrey S. White
STIPULATION AND [PROPOSED]
ORDER TO CONTINUE HEARING OF
PLAINTIFFS’ MOTION TO DISMISS AND
OF CASE MANAGEMENT CONFERENCE
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175068.1-10654-002-8/6/2012 5:07 PM
STIPULATION AND [PROPOSED] ORDER
– CV12-02654-JSW
Case3:12-cv-02654-JSW Document22 Filed08/06/12 Page2 of 3
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Plaintiffs Lopez Tax Service, Inc., Carlos C. Lopez, Kristeena S. Lopez and Latino Tax
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Professionals Association, LLC (collectively “Plaintiffs”), on one hand, and Defendant The Income
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Tax School, Inc. (“Defendant”), on the other hand, by and through their respective counsel, hereby
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stipulate and agree to the following subject to the approval of the Court.
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WHEREAS, in this lawsuit (by Plaintiffs for declaratory relief about Defendant’s alleged
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copyrights and related torts) Defendant has filed a motion [Docket No. 8] to dismiss this lawsuit or
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to stay it or transfer it to the Eastern District of Virginia (where Defendant’s lawsuit for copyright
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infringement and related torts against Plaintiffs herein (the “Virginia action”) is now pending); and
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WHEREAS, by Notice of Electronic Filing entered August 1, 2012, the Court (Hon. Jeffrey
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S. White, U.S. District Judge, presiding) set the hearing of Defendant’s motion to dismiss to take
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place on September 7, 2012 at 9:00 a.m.; and
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WHEREAS, by order entered July 2, 2012 [Docket No. 16] the Court set this lawsuit’s Case
Management Conference to take place on September 7, 2012 at 1:30 p.m.; and
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WHEREAS, on July 13, 2012 Plaintiffs’ motion to dismiss the Virginia action (on the
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grounds of lack of personal jurisdiction of the Eastern District of Virginia over Plaintiffs and related
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inadequate service of process) was heard; and
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WHEREAS, the Court has not yet ruled on Plaintiffs’ Motion to Dismiss the Virginia Action
and it cannot be determined with certainty when that Court will rule; and
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WHEREAS, the outcome of the Virginia action Motion to Dismiss by Plaintiffs herein may
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well affect this Court’s ruling on Defendants’ Motion to Dismiss herein (because, e.g., if the
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Virginia action Court rules that the Eastern District of Virginia lacks personal jurisdiction over
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Plaintiffs herein then it would be improper to transfer this lawsuit to Virginia as Defendant herein
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requests); and
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WHEREAS, judicial and party economy would both be furthered by continuing the hearing
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of Defendants’ Motion to Dismiss and this lawsuit’s Case Management Conference because: (1) a
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continuance will provide more time for the Eastern District of Virginia to rule on the motion to
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dismiss the Virginia action; and (2) the effort and expense of preparing for the Case Management
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Conference should be deferred until it is determined with greater certainty whether or not this
175068.1-10654-002-8/6/2012 5:07 PM
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STIPULATION AND [PROPOSED] ORDER
– CV12-02654-JSW
Case3:12-cv-02654-JSW Document22 Filed08/06/12 Page3 of 3
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lawsuit is likely to be dismissed or transferred to Virginia; and
WHEREAS, no previous requests to continue either the hearing of Defendants’ motion
where the Case Management Conference had been sought or granted; and
WHEREAS, the time modifications requested herein would continue the ultimate resolution
of this lawsuit by not more than seven weeks (the amounts of the continuance requested herein).
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NOW THEREFORE, subject to the approval of the Court the parties stipulate and agree that:
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1.
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The hearing of Defendant’s Motion to Dismiss this lawsuit shall be continued from
September 7, 2012 at 9:00 a.m. in Courtroom 11 to October 19, 2012 at the same time and place.
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The Case Management Conference for this lawsuit shall be continued from
September 7, 2012 at 1:30 p.m. in Courtroom 11 to October 19, 2012 at the same time and place.
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Dated: August_6, 2012
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GAUNTLETT & ASSOCIATES
By:
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/s/ Andrew M. Sussman
David A. Gauntlett
James A. Lowe
Andrew M. Sussman
Attorneys for Plaintiffs
LOPEZ TAX SERVICE, INC., CARLOS C.
LOPEZ, KRISTEENA S. LOPEZ, and LATINO
TAX PROFESSIONALS ASSOCIATION, LLC
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Dated: August 6, 2012
Nicholas Ranallo, Attorney at Law
By:
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/s/ Nicholas Ranallo
Nicholas Ranallo
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Christopher E. Gatewood [Pro Hac Vice Pending]
THRESHOLD COUNSEL, PC
The hearing on the pending motion to dismiss and the case management conference are HEREBY
CONTINUED to October 26, 2012 at 9:00 a.m.
PURSUANT TO STIPULATION, IT IS SO ORDERED.
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August 7, 2012
Dated: ____________________________
_________________________________________
UNITED STATES DISTRICT JUDGE
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STIPULATION AND [PROPOSED] ORDER
– CV12-02654-JSW
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