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2:12-cv-08333-ODW-JC Document 243 Filed 10/30/13 Page1of2 Page ID #:4530

O
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
INGENUITY 13 LLC, Case Nos. 2:12-cv-8333-ODW(JCx)
Plaintiff, ORDER GRANTING MOTION FOR
Vv. Niky Ge RULING VACATING
MAY 6, 2013 SANCTIONS AGAINST
JOHN DOE, BRETT L. GIBBS [240]
Defendant.

The Court is in receipt of the Motion for Indicative Ruling Vacating May 6,
2013 Order Issuing Sanctions Against Movant Brett L. Gibbs. (ECF No. 240.)
Gibbs’ Motion specifically seeks an indicative ruling from the Court that, if given the
opportunity, it would vacate Gibbs’ joint and several liability for the monetary
sanctions imposed in the May 6, 2013 Order. (ECF No. 130.)

Since the May 6, 2013 Order is currently on appeal in the Ninth Circuit, the
Court’s authority over this Motion is governed by Federal Rule of Civil Procedure
62.1 and Federal Rule of Appellate Procedure 12.1. Under these two procedural rules,
a district court may issue an indicative ruling stating that it would grant a motion if the
court of appeals remands for that purpose. Fed. R. Civ. P. 62.1(a)(3); Fed. R. App. P.
12.1. Accordingly, after carefully considering the papers filed in support of and in

opposition to the instant Motion, the Court hereby GRANTS the Motion for

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2:12-cv-08333-ODW-JC Document 243 Filed 10/30/13 Page 2 of2 Page ID #:4531

Indicative Ruling. If the Ninth Circuit were to remand the matter, the Court would
vacate Gibbs’ joint and several liability for the monetary sanctions imposed in the
May 6, 2013 Order based on his dissociation with the Prenda parties. The Court
makes no statement with regard to the other parties subject to the May 6, 2013
sanctions. The November 18, 2013 hearing on the matter is accordingly VACATED

and no appearances are necessary.

IT IS SO ORDERED.
October 30, 2013

OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE