Tye v. Global Travel International, Inc.

Filing 10

STIPULATION and ORDER signed by District Judge Kimberly J. Mueller on 4/26/16: The new deadline for Defendant to file a response to the Complaint is June 1, 2016 Initial Scheduling Conference RESET for 7/7/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller. (Kaminski, H)

1 MARQUIS AURBACH COFFING
10001 Park Run Drive
2
Las Vegas, Nevada 89145
3 Telephone: [phone]
Facsimile: [phone]
4
Candice E. Renka #264375
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WANGER JONES HELSLEY PC
6 265 E. River Park Circle, Suite 310
Fresno, California 93720
7 Telephone: [phone]
8 Facsimile: [phone]
9 Patrick D. Toole #190118
Dylan J. Crosby #299536
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Attorneys for:
Plaintiff
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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

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Case No. 2:15-cv-02654-KJM-AC

MARY E. TYE, on behalf of herself and all
15 others similarly situated,
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STIPULATION TO EXTEND
TIME TO RESPOND TO
COMPLAINT

Plaintiff,
vs.

18 GLOBAL TRAVEL INTERNATIONAL,
INC., a Florida corporation; DOES I
19
through X, inclusive; and ROE
20 CORPORATIONS I through X, inclusive,
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Complaint Filed: December 23, 2015
Hon. Kimberly J. Mueller

Defendant(s)

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{7622/002/00612342.DOCX}

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

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Plaintiff Mary E. Tye, on behalf of herself and all other similarly situated

2 (“Plaintiff” or “Tye”) and Defendant Global Travel International, Inc. (“Defendant” or “GTI”)
3 (collectively the “Parties”), by and through their respective counsel, stipulate and agree as
4 follows:
5

RECITALS

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WHEREAS, Plaintiff filed the Complaint against Defendant on or about

7 December 23, 2015;
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WHEREAS, Plaintiff was unable to serve Defendant until February 1, 2016;

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WHEREAS, the Parties previously requested one extension of time to respond

10 to the Complaint to conduct preliminary discovery regarding ownership of the telephone
11 number Plaintiff has alleged called her;
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WHEREAS, the Parties request was construed as an Ex Parte request because

13 Defendant’s Counsel was not yet admitted to this Court pro hac vice;
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WHEREAS, Defendant Counsel has now been admitted to this Court pro hac

15 vice;
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WHEREAS, the Parties have been diligently working together to subpoena

17 phone records to determine the source of the alleged illegal call and the proper parties to this
18 action;
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WHEREAS, the Parties have issued three separate subpoenas after learning that

20 each company subpoenaed was not the source of the alleged illegal call or property party to
21 this action;
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WHEREAS, the Parties agree that a short continuance of (30) days should be

23 sufficient to resolve the issue;
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WHEREAS, the Parties agree that the new deadline for Defendant to file a

25 response to the Complaint shall be Monday June 1, 2016;
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WHEREAS, the Parties agree that the Status Conference should be continued to

27 Thursday, July 7, 2016, or as the Court otherwise orders;
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{7622/002/00612342.DOCX}

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

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2

STIPULATION
1.

Plaintiff consents to an additional extension of time of thirty (30) days

3 for Defendant to file a response to the Complaint.
4

2.

The Parties agree that the new deadline for Defendant to file a response

5 to the Complaint shall be June 1, 2016.
6

3.

The Parties agree that the Status Conference should be continued to July

7 7, 2016, at 2:30 p.m.
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IT IS SO STIPULATED

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10 Dated: April 18, 2016

MARQUIS AURBACH COFFING

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By

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/s/ Candice E. Renka
Candice E. Renka
California Bar No. 264375
10001 Park Run Drive
Las Vegas, Nevada 89145

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WANGER JONES HELSLEY, PC
Patrick D. Toole, Esq.
California Bar No. 190118
Dylan J. Crosby, Esq.
California Bar No. 299536
265 E. River Park Circle, Suite 300
Fresno, CA 93729

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Attorneys for Plaintiff

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22 Dated: April 18, 2016

MAC MURRY, PETERSEN, & SHUSTER LLP

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By

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/s/ Michele Shuster
Michele Shuster
Ohio Bar No. 0062500
Pro hac vice
6530 West Campus Oval, Suite 210
New Albany, Ohio 43054
Attorneys for Defendant

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{7622/002/00612342.DOCX}

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STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT

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ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO

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COMPLAINT AND TO CONTINUE STATUS CONFERENCE

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The Court has reviewed and considered the Second Stipulation to Extend Time

4 to Respond to the Complaint and to Continue the Status Conference entered into by and
5 between Plaintiff Mary E. Tye, on behalf of herself and all other similarly situated (“Plaintiff”
6 or “Tye”) and Defendant Global Travel International, Inc. (“Defendant” or “GTI”).
7

The Court being informed, and after full consideration of the Stipulation,

8 concludes that the extensions agreed to therein shall be approved.
9

IT IS HEREBY ORDERED, ADJUDGED, AND DECREED as follows:

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1.

The Stipulation to Extend Time to Respond to the Complaint and to

11 Continue the Status Conference is GRANTED;
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2.

The new deadline for Defendant to file a response to the Complaint is

3.

The Status Conference previously set for May 26, 2016, at 2:30 p.m. is

13 June 1, 2016;
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15 continued to Thursday, July 7, 2016 at 2:30 p.m. with the filing of a Joint Status Report due
16 seven days prior.
17 Dated: April 26, 2016.
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UNITED STATES DISTRICT JUDGE

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{7622/002/00612342.DOCX}

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ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT
AND TO CONTINUE STATUS CONFERENCE