UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION
September 12, 2012
FEDERAL TRADE COMMISSION,
BROADWAY GLOBAL MASTER, INC., A CORP. ALSO D/B/A/ BGM; IN-ARABIA SOLUTIONS, INC., A CORP; KIRIT PATEL, IND. AND AS OFFICER OF BROADWAY GLOBAL MASTER, INC., AND IN-ARABIA SOLUTIONS, INC., DEFENDANT.
The opinion of the court was delivered by: Honorable John A. Mendez United States District Court Judge
STIPULATION TO STAY MATTER; AND ORDER
Whereas, defendant Kirit Patel has recently been indicted by the United States on criminal charges related to the same subject matter as the instant case (see Case No. 2:12-CR-00306-JAM), Mr. Patel requests, and the FTC stipulates and agrees, that this matter be stayed for a period of six months or until the resolution of the criminal case, whichever is shorter. Mr. Patel believes the stay is necessary given the criminal indictment to protect Mr. Patel's Fifth Amendment right against self-incrimination which could be implicated should he be required to participate and defend the civil action. Mr. Patel agrees that, during the pendency of the stay, he will not seek the release of assets frozen pursuant to the preliminary injunction.
Additionally, the parties request that the dates in the Pre-Trial Scheduling Order, entered on June 25, 2012, be vacated and new scheduling dates be entered following the expiration of the stay as appropriate.
The requested stay is a stay of the entire civil action against all defendants including a stay of the pending motion for default judgment against defendants Broadway Global Master Inc. and InArabia Solutions Inc., with the following exceptions:
- The preliminary injunction remains in effect. - The pending subpoena to Global Payments, Inc., including any necessary motions to compel, remains in effect. - The FTC may issue a subpoena to Green Dot Corporation for documents identifying consumers affected by the practices alleged in the Complaint IT IS SO STIPULATED.
ELLIS LAW GROUP, LLP By /s/Andrew M. Steinheimer Andrew M. Steinheimer Attorney for Defendant KIRIT PATEL Dated: September 12, 2012 FEDERAL TRADE COMMISSION By /s/ Lisa D. Rosenthal Lisa D. Rosenthal Attorney for Plaintiff FEDERAL TRADE COMMISSION
IT IS SO ORDERED.
John A. Mendez
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