Tye v. Global Travel International, Inc.

Filing 12

ORDER signed by District Judge Kimberly J. Mueller on 6/2/2016 GRANTING Stipulation to extend time to respond to the complaint and to continue the status conference; the new deadline for defendant to file a response to the complaint is set for 7/1/2016; the Status Conference is Reset for 8/18/2016 at 02:30 PM in Courtroom 3 (KJM) before District Judge Kimberly J. Mueller.(Reader, L)

1 MARQUIS AURBACH COFFING
10001 Park Run Drive

2 Las Vegas, Nevada 89145
Telephone:

3 Facsimile:

[phone]
[phone]

4 Candice E. Renka #264375
5
WANGER JONES HELSLEY PC
6 265 E. River Park Circle, Suite 310
7

Fresno, California 93720
Telephone:
[phone]
Facsimile:
[phone]

8

Patrick D. Toole #190118
9 Dylan J. Crosby #299536
10 Attorneys for:

Plaintiff

11
12

UNITED STATES DISTRICT COURT

13

EASTERN DISTRICT OF CALIFORNIA – SACRAMENTO DIVISION

14 MARY E. TYE, on behalf of herself and all
others similarly situated,
15

Case No. 2:15-cv-02654-KJM-AC
SECOND STIPULATION TO
EXTEND TIME TO RESPOND TO
COMPLAINT; ORDER

Plaintiff,

16
vs.
17

GLOBAL TRAVEL INTERNATIONAL,
INC., a Florida corporation; DOES I
19 through X, inclusive; and ROE
CORPORATIONS I through X, inclusive,
20
Defendant(s)
21

Complaint Filed: December 23, 2015

18

22

Hon. Kimberly J. Mueller

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

23 (“Plaintiff” or “Tye”) and Defendant Global Travel International, Inc. (“Defendant” or “GTI”)
24 (collectively the “Parties”), by and through their respective counsel, stipulate and agree as
25 follows:
26
27

RECITALS
WHEREAS, Plaintiff filed the Complaint against Defendant on or about

28 December 23, 2015;
{7622/002/00627231.DOCX}

1
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; ORDER

1

WHEREAS, Plaintiff was unable to serve Defendant until February 1, 2016;

2

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

3 to the Complaint to conduct preliminary discovery regarding ownership of the telephone
4 number Plaintiff has alleged called her;
5

WHEREAS, the Parties request was construed as an Ex Parte request because

6 Defendant’s Counsel was not yet admitted to this Court pro hac vice;
7

WHEREAS, Defendant Counsel has now been admitted to this Court pro hac

8 vice;
9

WHEREAS, the Parties have been diligently working together to subpoena

10 phone records to determine the source of the alleged illegal call and the proper parties to this
11 action;
12

WHEREAS, the Parties have issued three separate subpoenas attempting to

13 learn the source of the alleged illegal call and the proper parties to this action;
14

WHEREAS, the Parties previously stipulated to short continuance of thirty (30)

15 days to complete the subpoena process;
16

WHEREAS, the subpoenas issued by the Parties did not result in information

17 sufficient for the Parties to agree regarding the source of the alleged illegal call and the proper
18 parties to this action;
19

WHEREAS, the Parties agreed to exchange informal discovery to determine the

20 source of the alleged illegal call and the proper parties to this action;
21

WHEREAS, the Parties agree that a second short continuance of thirty (30) days

22 should be sufficient to complete informal discovery;
23

WHEREAS, the Parties agree that the new deadline for Defendant to file a

24 response to the Complaint shall be Monday July 1, 2016;
25

WHEREAS, the Parties agree that the Status Conference should be continued to

26 Thursday, August 18, 2016, or as the Court otherwise orders.
27 ///
28 ///
{7622/002/00627231.DOCX}

2
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; ORDER

1
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 July 1, 2016.
6

3.

The Parties agree that the Status Conference should be continued to

7 August 18, 2016, at 2:30 p.m.
8

IT IS SO STIPULATED

9 Dated: May 31, 2016

MARQUIS AURBACH COFFING

10
By

11
12
13
14

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

18

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

19

Attorneys for Plaintiff

15
16
17

20
21 Dated: May 31, 2016

MAC MURRY, PETERSEN, & SHUSTER LLP

22
By

23
24
25
26

/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

27
28
{7622/002/00627231.DOCX}

3
STIPULATION TO EXTEND TIME TO RESPOND TO COMPLAINT; ORDER

1

ORDER APPROVING STIPULATION TO EXTEND TIME TO RESPOND TO

2

COMPLAINT AND TO CONTINUE STATUS CONFERENCE

3

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:

10

1.

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

11 Continue the Status Conference is GRANTED;
12

2.

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

3.

The Status Conference previously set for July 7, 2016, at 2:30 p.m. is

13 July 1, 2016;
14

15 continued to Thursday, August 18, 2016, with the filing of a Joint Status Report due seven days
16 prior.
17 DATED: June 2, 2016
18
19
UNITED STATES DISTRICT JUDGE

20
21
22
23
24
25
26
27
28
{7622/002/00627231.DOCX}{7622/002/00627231.DOCX}

4

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