Hodges v. In Shape Health Clubs, LLC

Filing 23

STIPULATION and ORDER signed by District Judge John A. Mendez on 10/24/2017 GRANTING Defendant's Extension of Time to respond to the First Amended Complaint until 11/8/2017. (Hunt, G)

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1 2 3 4 5 6 7 LITTLER MENDELSON, P.C. MATTHEW E. FARMER, Bar No. 190484 mfarmer@littler.com IRENE V. FITZGERALD, Bar No. 266949 ifitzgerald@littler.com 5200 North Palm Avenue, Suite 302 Fresno, CA 93704.2225 Telephone: 559.244.7500 Facsimile: 559.244.7525 Attorneys for Defendant IN-SHAPE HEALTH CLUBS, LLC, a limited liability company 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 SACRAMENTO DIVISION 11 12 13 TIFFANY ANNE HODGES, Plaintiff, 14 15 16 17 v. IN SHAPE HEALTH CLUBS, LLC, a limited liability company, Defendants. Case No. 2:17-cv-01274-JAM-DB AMENDED STIPULATION AND ORDER TO EXTEND TIME TO RESPOND TO FIRST AMENDED COMPLAINT First Amended Complaint Served: 10/05/17 Current Response Date: 10/25/17 New Response Date: 11/8/17 18 19 Plaintiff TIFFANY ANNE HODGES (“Plaintiff”) and Defendant IN- 20 SHAPE HEALTH CLUBS, LLC, a limited liability company (“Defendant”), stipulate 21 and agree as follows: 22 23 WHEREAS Defendant removed this matter from San Joaquin Superior Court on June 21, 2017; and 24 WHEREAS Defendant filed a motion to dismiss, which was set to be 25 heard on September 19, 2017. This motion was denied without prejudice for the 26 Parties to engage in additional meet and confer efforts and was re-filed and set to be 27 heard on November 7, 2017; and 28 LITTLER MENDELSON, P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 WHEREAS Plaintiff filed a motion for leave to amend, which was CASE NO. 2:17-CV-01274-JAM-DB Amended Stipulation And [Proposed] Order To Extend Time To Respond To First Amended Complaint 1 granted on October 2, 2017; and WHEREAS Plaintiff filed the First Amended Complaint on October 5, 2 3 2017; 4 WHEREAS Plaintiff's Motion for Remand was taken under advisement 5 by the Court and, if necessary during the interim, Defendant will file a response to the 6 First Amended Complaint within two weeks; and 7 WHEREAS counsel for the Parties are in the process of meeting and 8 conferring on the terms of a stipulation to submit this matter to binding private 9 arbitration; and 10 11 12 13 WHEREAS the parties wish to focus efforts on this alternative dispute resolution; and WHEREAS no prior extensions for Defendant to respond have been sought or granted; 14 IT IS HEREBY STIPULATED AND AGREED that the deadline for 15 Defendant to file a responsive pleading to the First Amended Complaint shall be 16 continued from October 25, 2017 to November 8, 2017. 17 SO STIPULATED AND AGREED. 18 19 Dated: October 24, 2017 LITTLER MENDELSON, P.C. 20 21 By: /s/ Irene V. Fitzgerald MATTHEW E. FARMER IRENE V. FITZGERALD Attorneys for Defendant IN-SHAPE HEALTH CLUBS, LLC, a limited liability company 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 CASE NO. 2:17-CV-01274-JAM-DB 2. Amended Stipulation And [Proposed] Order To Extend Time To Respond To First Amended Complaint 1 Dated: October 24, 2017 CARTER, CARTER, FRIES & GRUNSCHLAG 2 3 By: /s/ Brian M. Carter BRIAN M. CARTER Attorneys for Plaintiff TIFFANY HODGES 4 5 6 7 ORDER 8 9 10 11 12 Having reviewed the above stipulation of the parties, and good cause appearing therefore, it is ordered that: 1) The time for Defendant to file a responsive pleading or otherwise respond to the First Amended Complaint shall be continued to November 8, 2017. 13 14 IT IS SO ORDERED. 15 16 Dated: October 24, 2017 /s/ John A. Mendez__________ U. S. District Court Judge 17 18 19 20 21 22 23 24 25 26 27 28 LITTLER MENDELSON, P.C. 5200 North Palm Avenue Suite 302 Fresno, CA 93704.2225 559.244.7500 CASE NO. 2:17-CV-01274-JAM-DB 3. Amended Stipulation And [Proposed] Order To Extend Time To Respond To First Amended Complaint

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