JOINT STATUS REPORT AND STIPULATION REGARDING AUGUST 29, 2016 SCHEDULING CONFERENCE

WILLIAM B. SHUBB, District Judge.

JOINT STATUS REPORT AND STIPULATION REGARDING AUGUST 29, 2016 SCHEDULING CONFERENCE

Pursuant to the Court's June 24, 2016 Minute Order, plaintiff CE Resource, Inc. d/b/a NetCE ("NetCE") and defendants Elite Continuing Education, Inc. ("Elite") and Alpine Management Resources III, LLC ("Alpine') are scheduled to appear before the Court on Monday, August 29, 2016 at 1:30 p.m. for a Scheduling Conference. In discussions leading to the preparation of this submission, all parties agreed, and hereby propose, to continue the stay in place for this matter. The parties also propose, subject to the Court's approval, that the upcoming August 29, 2016 Scheduling Conference be taken off calendar and rescheduled as appropriate after the parties submit an updated Joint Status Report sixty days from now.

Summary of Case and Need for Continued Stay

On May 18, 2016, the Court entered an order staying this action pending a determination of NetCE's motion to dismiss, stay, or transfer the related and first-filed declaratory judgment action in the United States District Court in the Southern District of Florida (the "Florida Court") captioned Jouria v. CE Resource, Inc. d/b/a CME Resource and NetCE, Civ. No. 15-61165 (S.D. Fla.) (the "Florida Action"). On June 1, 2016, NetCE filed a Motion for Leave to Lift Stay Temporarily in Order to Consider Motion for Leave to Amend Complaint and Motion for Leave to Amend Complaint ("NetCE's Motion to Lift Stay").

On June 24, 2016, the Court issued a minute order continuing the Scheduling Conference until August 29, 2016 at 1:30 p.m., and directing the parties to file a Joint Status Report no later than August 15, 2016.

On July 6, 2016, the Court entered an order denying NetCE's Motion to Lift Stay. In that order, the Court noted that the stay would remain in effect to allow the Florida Court to rule on NetCE's motion to dismiss, stay, or transfer the Florida Action. NetCE's motion in the Florida Action has not been renewed. Accordingly, proceeding with the Scheduling Conference on August 29, 2016 would defeat the purpose of the stay in this action.

NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among all parties to this action, through their undersigned counsel of record, as follows:

1. The Scheduling Conference scheduled for August 29, 2016 shall be taken off calendar.

2. The parties shall file a Joint Status Report by October 14, 2016.

IT IS SO STIPULATED.

ORDER

In accordance with the foregoing Joint Status Report and Stipulation, IT HEREBY ORDERED that the Scheduling Conference scheduled for August 29, 2016 be taken off calendar, and the parties shall file a Joint Status Report by October 14, 2016.