Opinion
Case No. 04cv1306-LAB (WMc).
November 2, 2006
ORDER
On October 18, 2006, plaintiff in the above captioned case filed an Ex Parte Application of Plaintiff Marina Cortez for Order Citing and Sanctioning Barry and Kerri Fitt, and Counsel for Contempt, and Requiring Them to Satisfy the Judgment. On October 26, 2006, defendant filed a Declaration of Michael B. Stone, Esq. in Opposition to Ex Parte Application for Order of Contempt. After reviewing the court record and the parties submissions, the Court issues the following Order:
1. On or before November 27, 2006, the parties shall submit briefs addressing the following two issues: a) What is the Court's authority/jurisdiction to act on the parties ex parte submissions while an appeal to the Ninth Circuit is pending? 2) What is the Court's authority/jurisdiction to act on the parties ex parte submissions based on the existing Consent Order in this case?
2. Either party may submit a reply brief on or before December 8, 2006.
IT IS SO ORDERED.