JOINT STATEMENT RE STATUS AND REQUEST TO TAKE HEARING OFF CALENDAR AND ORDER

PHYLLIS J. HAMILTON, District Judge.

Counsel for the parties hereby submit this joint statement re status and request that the Court take the May 21, 2014 hearing on Wells Fargo's renewed motion for preliminary injunction off calendar.

The Court will recall that on December 20, 2013, the Ninth Circuit issued a memorandum disposition, reversing this Court's Order denying Wells Fargo's motion for preliminary injunction, and remanding back to this Court for further consideration. The ABD Team filed a petition for panel rehearing and rehearing en banc, which was denied on February 6, 2014, although the panel modified its memorandum disposition to respond to one of the issues raised by the ABD Team's petition for review. The revised memorandum disposition contained an order barring any further petitions for panel rehearing or rehearing en banc.

On March 3, 2014, the Ninth Circuit issued a published Opinion, setting forth the same reasoning and holding as previously included in the memorandum disposition, and repeating the prohibition against further petitions for rehearing.

At the Case Management Conference before this Court on March 6, 2014, the Court and the parties set a hearing for May 21, 2014, on a renewed motion for preliminary injunction to be filed by Wells Fargo. The Court directed the parties to contact the Ninth Circuit to determine if the mandate had issued back to the district court, and requested the parties to agree on a briefing schedule for the renewed motion.

The next week, on March 11, 2014, the Ninth Circuit withdrew its March 3 published Opinion, and issued an identical published Opinion. It also issued a new Order specifically deleting the prohibition against further petitions for rehearing.

In accordance with the March 11 Order and in light of the publication of the Opinion and its precedential impact, the ABD Team filed a renewed Petition for Rehearing En Banc on March 24, 2014.

Accordingly, this preliminary injunction issue is again before the Ninth Circuit, as it considers the renewed Petition for Rehearing En Banc. Therefore, the parties respectfully request that the Court take the May 21 hearing on the renewed motion for preliminary injunction off calendar. The parties and counsel will contact the Court and, as appropriate depending on the Ninth Circuit's ultimate order, will work together to bring this matter efficiently back to this Court after the final issuance of the mandate.