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Lopez Tax Service, Inc., A California Corporation, Carlos C. Lopez, An Individual, Kristeena S. Lopez v. the Income Tax School

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION


August 7, 2012

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,
PLAINTIFFS,
v.
THE INCOME TAX SCHOOL, INC., A VIRGINIA CORPORATION,
DEFENDANT.

The opinion of the court was delivered by: Hon. Jeffrey S. White

STIPULATION AND [PROPOSED] ORDER TO CONTINUE HEARING OF ) PLAINTIFFS' MOTION TO DISMISS AND OF CASE MANAGEMENT CONFERENCE

Tax School, Inc. ("Defendant"), on the other hand, by and through their respective counsel, hereby 4 stipulate and agree to the following subject to the approval of the Court. 5

WHEREAS, in this lawsuit (by Plaintiffs for declaratory relief about Defendant's alleged copyrights and related torts) Defendant has filed a motion [Docket No. 8] to dismiss this lawsuit or 7 to stay it or transfer it to the Eastern District of Virginia (where Defendant's lawsuit for copyright 8 infringement and related torts against Plaintiffs herein (the "Virginia action") is now pending); and 9 S. White, U.S. District Judge, presiding) set the hearing of Defendant's motion to dismiss to take 11 place on September 7, 2012 at 9:00 a.m.; and 12 Plaintiffs Lopez Tax Service, Inc., Carlos C. Lopez, Kristeena S. Lopez and Latino Tax Professionals Association, LLC (collectively "Plaintiffs"), on one hand, and Defendant The Income 3

WHEREAS, by Notice of Electronic Filing entered August 1, 2012, the Court (Hon. Jeffrey

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 grounds of lack of personal jurisdiction of the Eastern District of Virginia over Plaintiffs and related 16 inadequate service of process) was heard; and and it cannot be determined with certainty when that Court will rule; and well affect this Court's ruling on Defendants' Motion to Dismiss herein (because, e.g., if the 21

Plaintiffs herein then it would be improper to transfer this lawsuit to Virginia as Defendant herein 23 requests); and 24

WHEREAS, judicial and party economy would both be furthered by continuing the hearing of Defendants' Motion to Dismiss and this lawsuit's Case Management Conference because: (1) a 26 continuance will provide more time for the Eastern District of Virginia to rule on the motion to 27 dismiss the Virginia action; and (2) the effort and expense of preparing for the Case Management 28 Conference should be deferred until it is determined with greater certainty whether or not this

WHEREAS, on July 13, 2012 Plaintiffs' motion to dismiss the Virginia action (on the

WHEREAS, the Court has not yet ruled on Plaintiffs' Motion to Dismiss the Virginia Action

WHEREAS, the outcome of the Virginia action Motion to Dismiss by Plaintiffs herein may

Virginia action Court rules that the Eastern District of Virginia lacks personal jurisdiction over 22 lawsuit is likely to be dismissed or transferred to Virginia; and 2 WHEREAS, no previous requests to continue either the hearing of Defendants' motion 3 where the Case Management Conference had been sought or granted; and 4

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). 6

NOW THEREFORE, subject to the approval of the Court the parties stipulate and agree that:

1. 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. 9

2. 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. 11 12

Dated: August_6, 2012 GAUNTLETT & ASSOCIATES 13 By: /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 Dated: August 6, 2012 Nicholas Ranallo, Attorney at Law 19 By: /s/ Nicholas Ranallo Nicholas Ranallo 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 24 CONTINUED to October 26, 2012 at 9:00 a.m. PURSUANT TO STIPULATION, IT IS SO ORDERED. 25 26

UNITED STATES DISTRICT JUDGE

20120807

© 1992-2012 VersusLaw Inc.



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