STIPULATION AND [PROPOSED] ORDER CONSOLIDATING RELATED ACTIONS

WILLIAM B. SHUBB, District Judge.

Pursuant to Fed. R. Civ. P. 42 and Civil Local Rule 143, the parties hereby stipulate as follows:

This Present Action is related to Elsevier, Inc., et al. v. Stolyarchuk, Case No. 18-cv-00593-WBS-EFB, filed on August 17, 2017 (the Elsevier Action"). Three of the four plaintiffs in the Elsevier Action are also plaintiffs in the Present Action: McGraw-Hill Global Education Holdings, LLC; Pearson Education, Inc.; and Cengage Learning, Inc. The sole named defendant in both actions is Yaroslav Stolyarchuk. In both actions, the plaintiffs assert that Defendant committed acts of direct and secondary copyright infringement, trademark infringement, and trademark counterfeiting with respect to plaintiffs' works. (Compare D.N. 1 with Exh. A hereto.)

Accordingly, to promote efficiency, the parties stipulate to the consolidation of this Present Action into the Elsevier Action. The parties anticipate a short extension of the dates; however, they plan to explore that once the actions are consolidated and as discovery progresses.

Plaintiffs shall have up to and including April 5, 2018 (or 10 days after the date the Court so orders this stipulation, whichever is later) to file a consolidated amended complaint which will serve as the operating pleading in both the Present Action and the Elsevier Action. Defendant's response to the consolidated amended complaint will be due as set forth in the Federal Rules of Civil Procedure.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD

IT IS SO ORDERED.