Free Letter Brief - District Court of California - California

Case 5:07-cv-04758-JF

Document 20

Filed 02/29/2008

Page 1 of 1

Gore Law Firm 900 East Hamilton Avenue, Suite 100 Campbell, CA 95008 Phone: 408-879-7444 Fax: 408-376-0757 Email: [email protected] February 28, 2008 Hon. Jeremy Fogel United States District Court Northern District of California San Jose Division Re: Gamaly v. Tumi, Inc.; Case No. C-07-04758 JF Dear Judge Fogel: I am writing in response to the Court's request in its Order of February 25, 2008 for letter briefs from the parties on the issue of Defendant Tumi, Inc.'s request for a stay of this action until (1) the Ninth Circuit files an opinion in Soualian v. International Coffee & Tea, LLC, and; (2) Congress acts on the Credit and Debit Card Receipt Act of 2007 (the "Act"). Plaintiff has reviewed the cases in the Northern District of California in which courts issued a stay pending the Ninth Circuit's decision in Soualian. Based on these decisions, and in the interest of judicial economy, Plaintiff does not oppose a stay in this action, until the Ninth Circuit files an opinion in Soualian. Plaintiff is aware of no decisions in which any court in the Northern District granted a stay pending Congressional action on the Act. Unlike Soualian, in which briefing has been completed, the Act's prospects for enactment appear to be uncertain. Moreover, Soualian independently provides a sufficient basis for this Court to order a stay. In any event, once the Ninth Circuit decides Soualian, the Court and the parties can revisit the Act, and decide at that time whether the Act's status warrants a further stay. For these reasons, Plaintiff does not oppose a stay until the Ninth Circuit files an opinion in Soualian. Respectfully submitted, /s/ Pierce Gore Pierce Gore Attorney for Plaintiff Victor Gamaly