The opinion of the court was delivered by: Hon. John A. Mendez United States District Court Eastern District of California
STIPULATION RE AMENDMENT TO ORDER GRANTING PRELIMINARY INJUNCTION AND ORDER THEREON
In light of the earlier Preliminary Injunction proceedings in this case, and due to the similarity of factual and legal issues that would be presented by Plaintiff-Intervenor, E CAMINO ATHLETIC BOOSTERS CLUB's ("Boosters'") bringing a Motion for a Preliminary Injunction in connection with the Cease and Desist Order issued by Defendants, BUREAU OF GAMBLING CONTROL, and its Interim Chief, MATHEW J. CAMPOY (collectively "BGC"), which Cease and Desist Order was served on the Boosters on May 8, 2008, at the Boosters' location known as Charity Bingo, and listed thereon as 2961 Fulton Avenue (actually located at 2929 Fulton Avenue, Suites 10 & 12), Sacramento, CA 95821, and in the interest of judicial economy, Boosters and BGC herewith stipulate and agree to the amendment of the Order Granting Preliminary Injunction entered by the Court in the instant action on June 30, 2008 (the "Order"), as follows:
1. BGC, and any persons, entities and/or agencies acting in concert with them, shall herewith be enjoined and restrained, in the same manner set forth in the Order, from enforcing the Cease and Desist Order served on the Boosters at its Charity Bingo location referenced above, and from attempting to confiscate, seize or interfere in any way with the use any of the 71 Quick Shot Multifunction electronic bingo gaming machines at the Boosters' Charity Bingo location, pending the trial of this action;
2. By entering into this stipulation, BGC does not waive any of its defenses or claims that Boosters is not entitled to the relief given in the Order nor does BGC waive any defenses and objections that it may have in regard to the Boosters' complaint in intervention; and
3. Boosters agrees that it will be bound by the decision in the appeal by BGC, which appeal was filed on July 29, 2008, and is currently pending.
Based upon the above stipulation of the parties and for good cause shown, the Order Granting Preliminary Injunction ("Order") entered by this Court on June 30, 2008 in this action shall be and herewith is amended as provided for in the above-referenced stipulation. BGC, and any persons, entities and/or agencies acting in concert with them, 6 are herewith and shall, from this point forward, be enjoined and restrained, in same manner set forth in the Order, from enforcing the Cease and Desist Order served on May 8, 2008, on the Boosters at its Charity Bingo location at 2929 Fulton Avenue (Suites 10 and 12), Sacramento, CA, and from attempting to confiscate, seize or interfere in any way with the use any of the 71 Quick Shot Multifunction electronic bingo gaming machines at the Boosters' above-referenced location, pending the trial of this action.
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