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

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DANIEL M. PETROCELLI (S.B. #97802) dpetrocelli@omm.com CARLA J. CHRISTOFFERSON (S.B. #161111) cchristofferson@omm.com OMELVENY & MYERS LLP 1999 Avenue of the Stars, 7th Floor Los Angeles, CA 90067 Telephone: (310) 553-6700 Facsimile: (310) 246-6779 Attorneys for Plaintiffs and Counter-Defendants BIKRAMS YOGA COLLEGE OF INDIA, L.P. and BIKRAM CHOUDHURY Jordan Susman (SBN 246116) jsusman@ftllp.com FREEDMAN & TAITELMAN LLP 1901 Avenue of the Stars, Suite 500 Los Angeles, California 90067 Telephone: (310) 201-0005 Facsimile: (310) 201-0045 Attorneys for Defendants and Counterclaimants GABRIELLE RAIZ and ROBERT SCANLON UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA BIKRAMS YOGA COLLEGE OF INDIA, L.P.; a California limited partnership; and BIKRAM CHOUDHURY, an Individual, Plaintiffs, v. GABRIELLE RAIZ, aka GABRIELLE SCANLON, an Individual, dba THE HOT YOGA DOCTOR; ROBERT SCANLON; an Individual; KATE EVANS, an Individual; and DOES 1 through 10, inclusive, Defendants. AND RELATED COUNTERCLAIMS.
PARTIES JOINT SETTLEMENT REPORT AND STIP. TO VACATE SCHEDULING ORDER 2:11-CV-07377 CBM (VBK)

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. Marshall Courtroom 2

Case 2:11-cv-07377-CBM-VBK Document 87 Filed 07/30/13 Page 2 of 6 Page ID #:855

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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 abovecaptioned 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; -1PARTIES JOINT SETTLEMENT REPORT AND STIP. TO VACATE SCHEDULING ORDER 2:11-CV-07377 CBM (VBK)

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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 abovecaptioned 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 Scheduling Order 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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PARTIES JOINT SETTLEMENT REPORT AND STIP. TO VACATE SCHEDULING ORDER 2:11-CV-07377 CBM (VBK)

Case 2:11-cv-07377-CBM-VBK Document 87 Filed 07/30/13 Page 4 of 6 Page ID #:857

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Dated: July 30, 2013 DANIEL M. PETROCELLI CARLA J. CHRISTOFFERSON OMELVENY & MYERS LLP By: /s/ Daniel M. Petrocelli Daniel M. Petrocelli Attorneys for Plaintiffs and CounterDefendants, Bikrams Yoga College of India, L.P. and Bikram Choudhury Dated: July 30, 2013 JORDAN SUSMAN FREEDMAN & TAITELMAN LLP By: /s/ Jordan Susman Jordan Susman Attorneys for Defendants and Counterclaimants, GABRIELLE RAIZ and ROBERT SCANLON

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PARTIES JOINT SETTLEMENT REPORT AND STIP. TO VACATE SCHEDULING ORDER 2:11-CV-07377 CBM (VBK)

Case 2:11-cv-07377-CBM-VBK Document 87 Filed 07/30/13 Page 5 of 6 Page ID #:858

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 30, 2013

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. PETROCELLI CARLA J. CHRISTOFFERSON OMELVENY & MYERS LLP By: /s/ Daniel M. Petrocelli Daniel M. Petrocelli Attorneys for Plaintiffs and CounterDefendants, Bikrams Yoga College of India, L.P. and Bikram Choudhury

PARTIES JOINT SETTLEMENT REPORT AND STIP. TO VACATE SCHEDULING ORDER 2:11-CV-07377 CBM (VBK)

Case 2:11-cv-07377-CBM-VBK Document 87 Filed 07/30/13 Page 6 of 6 Page ID #:859

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: July 30, 2013

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. PETROCELLI CARLA J. CHRISTOFFERSON OMELVENY & MYERS LLP By: /s/ Daniel M. Petrocelli Daniel M. Petrocelli Attorneys for Plaintiffs and CounterDefendants, Bikrams Yoga College of India, L.P. and Bikram Choudhury

PARTIES JOINT SETTLEMENT REPORT AND STIP. TO VACATE SCHEDULING ORDER 2:11-CV-07377 CBM (VBK)