Bikram - Gabrielle Raiz - Settlement

7/27/2019 Bikram - Gabrielle Raiz - Settlement

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PARTIES JOINT SETTLEMENT REPORTAND STIP. TO VACATE SCHEDULING

ORDER 2:11-CV-07377 CBM (VBK

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DANIEL M. PETROCELLI (S.B. #97802)[email protected] J. CHRISTOFFERSON (S.B. #161111)[email protected] & MYERS LLP1999 Avenue of the Stars, 7th FloorLos Angeles, CA 90067Telephone: (310) 553-6700Facsimile: (310) 246-6779

Attorneys for Plaintiffs and Counter-DefendantsBIKRAMS YOGA COLLEGE OFINDIA, L.P. and BIKRAM CHOUDHURY

Jordan Susman (SBN 246116)[email protected] & TAITELMAN LLP

1901 Avenue of the Stars, Suite 500Los Angeles, California 90067Telephone: (310) 201-0005Facsimile: (310) 201-0045

Attorneys for Defendants and CounterclaimantsGABRIELLE RAIZ and ROBERT SCANLON

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

BIKRAMS YOGA COLLEGE OFINDIA, L.P.; a California limitedpartnership; and BIKRAMCHOUDHURY, an Individual,

Plaintiffs,

v.

GABRIELLE RAIZ, aka GABRIELLESCANLON, an Individual, dba THEHOT YOGA DOCTOR; ROBERTSCANLON; an Individual; KATE

EVANS, an Individual; and DOES 1through 10, inclusive,

Defendants.

Case No.2:11-CV-07377 CBM (VBK)

PARTIES JOINT REPORT

REGARDING STATUS OF

SETTLEMENT DISCUSSIONS AND

STIPULATION TO VACATE

SCHEDULING ORDER AND

RELATED CASE MANAGEMENT

DEADLINES

[PROPOSED] ORDER LODGED

HEREWITH

Hon. Consuelo B. MarshallCourtroom 2

AND RELATED COUNTERCLAIMS.

Case 2:11-cv-07377-CBM-VBK Document 87 Filed 07/30/13 Page 1 of 6 Page ID #:854


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- 1 -PARTIES JOINT SETTLEMENT REPORT

AND STIP. TO VACATE SCHEDULINGORDER 2:11-CV-07377 CBM (VBK

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Plaintiffs and Counter-Defendants Bikrams Yoga College of India, L.P. and

Bikram Choudhury (collectively, Plaintiffs) and Defendants and

Counterclaimants Gabrielle Raiz and Robert Scanlon (collectively, Raiz

Defendants) (Plaintiffs and Raiz Defendants being collectively referred to herein

as the Parties), by and through their counsel, hereby give notice that they have

reached a settlement in principle of all claims and counterclaims in the above-

captioned action, have memorialized this settlement in a formal, near-final

Dismissal and Tolling Agreement, and expect to finalize and execute the Dismissal

and Tolling Agreement within the following fourteen (14) days.

The Parties further stipulate as follows:

WHEREAS, the Plaintiffs and Raiz Defendants are the only remaining

parties to this action, as all other defendants have either been dismissed by the

Court or by the Parties or were never served with process;

WHEREAS, the Court issued a Scheduling Order on November 20, 2012

(Scheduling Order) [Doc. No. 78];

WHEREAS, the Scheduling Order sets various case management deadlines,

including a July 31, 2013 deadline for non-expert discovery and an August 30,2013 deadline for expert discovery;

WHEREAS, on June 28, 2013 the Parties filed a Joint Notice of Settlement

in Principle and Stipulation to Vacate Scheduling Order and Related Case

Management Deadlines [Doc. No. 85];

WHEREAS, on July 11, 2013, this Court issued an Order continuing all case

management deadlines set out in the Scheduling Order for 30 days and requiring the

Parties to file a joint report regarding settlement status no later than July 30, 2013

(Continuation Order) [Doc. No. 86];

WHEREAS, the Parties have now documented their settlement in a formal,

near-final Dismissal and Tolling Agreement;



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WHEREAS, the Parties have exchanged a near-final draft of the proposed

Dismissal and Tolling Agreement but require additional time to review, finalize and

execute that Agreement;

WHEREAS, various discovery deadlines set in the Scheduling Order, as

continued by the Continuation Order, are rapidly approaching;

WHEREAS, the Parties desire to finalize and execute the Dismissal and

Tolling Agreement without incurring the litigation expenses necessary to comply

with the discovery deadlines in the Scheduling Order, as continued by the

Continuation Order;

WHEREAS, the Parties expect to finalize and execute their Dismissal and

Tolling Agreement within fourteen (14) days and to file a joint stipulation to

dismiss without prejudice all claims and counterclaims asserted in the above-

captioned action within twenty one (21) days;

Accordingly, IT IS HEREBY STIPULATED AND AGREED AS

FOLLOWS:

In light of the imminent finalization and execution of the Dismissal and

Tolling Agreement, the Parties jointly request that the Court vacate the SchedulingOrder dated November 20, 2012 [Doc. No. 78] and all case management deadlines

arising therefrom as extended by the Continuation Order [Doc. No. 86], so that the

Parties may finalize and execute the Dismissal and Tolling Agreement and avoid

waste of judicial resources and further expenditure of potentially unnecessary

attorneys fees and costs.

IT IS SO STIPULATED.



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Dated: July 30, 2013

DANIEL M. PETROCELLICARLA J. CHRISTOFFERSONOMELVENY & MYERS LLP

By: /s/ Daniel M. PetrocelliDaniel M. Petrocelli

Attorneys for Plaintiffs and Counter-Defendants, Bikrams Yoga College ofIndia, L.P. and Bikram Choudhury


JORDAN SUSMANFREEDMAN & TAITELMAN LLP

By: /s/ Jordan SusmanJordan Susman

Attorneys for Defendants andCounterclaimants, GABRIELLE RAIZand ROBERT SCANLON



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ECF CERTIFICATION

The filing attorney attests that he has obtained concurrence and authorization

regarding the filing of the document from the signatories to this document.


DANIEL M. PETROCELLICARLA J. CHRISTOFFERSONOMELVENY & MYERS LLP





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CERTIFICATE OF SERVICE

I hereby certify that on July 30, 2013, I electronically filed the foregoing with

the clerk of the court using the CM/ECF system which will send notification of

such filing to the e-mail address denoted on the electronic Mail Notice List.

I certify under penalty of perjury under the laws of the United States of

America that the foregoing is true and correct.

Executed on July 30, 2013, at Los Angeles, California.


DANIEL M. PETROCELLICARLA J. CHRISTOFFERSON

OMELVENY & MYERS LLP




Documents

Bikram - Gabrielle Raiz - Settlement