Hodges v. In Shape Health Clubs, LLC
Filing
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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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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
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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SACRAMENTO DIVISION
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TIFFANY ANNE HODGES,
Plaintiff,
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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
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Plaintiff TIFFANY ANNE HODGES (“Plaintiff”) and Defendant IN-
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SHAPE HEALTH CLUBS, LLC, a limited liability company (“Defendant”), stipulate
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and agree as follows:
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WHEREAS Defendant removed this matter from San Joaquin Superior
Court on June 21, 2017; and
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WHEREAS Defendant filed a motion to dismiss, which was set to be
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heard on September 19, 2017. This motion was denied without prejudice for the
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Parties to engage in additional meet and confer efforts and was re-filed and set to be
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heard on November 7, 2017; and
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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
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granted on October 2, 2017; and
WHEREAS Plaintiff filed the First Amended Complaint on October 5,
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2017;
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WHEREAS Plaintiff's Motion for Remand was taken under advisement
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by the Court and, if necessary during the interim, Defendant will file a response to the
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First Amended Complaint within two weeks; and
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WHEREAS counsel for the Parties are in the process of meeting and
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conferring on the terms of a stipulation to submit this matter to binding private
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arbitration; and
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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;
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IT IS HEREBY STIPULATED AND AGREED that the deadline for
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Defendant to file a responsive pleading to the First Amended Complaint shall be
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continued from October 25, 2017 to November 8, 2017.
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SO STIPULATED AND AGREED.
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Dated: October 24, 2017
LITTLER MENDELSON, P.C.
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By: /s/ Irene V. Fitzgerald
MATTHEW E. FARMER
IRENE V. FITZGERALD
Attorneys for Defendant
IN-SHAPE HEALTH CLUBS, LLC,
a limited liability company
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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
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Dated: October 24, 2017
CARTER, CARTER, FRIES &
GRUNSCHLAG
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By: /s/ Brian M. Carter
BRIAN M. CARTER
Attorneys for Plaintiff
TIFFANY HODGES
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ORDER
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Having reviewed the above stipulation of the parties, and good cause
appearing therefore, it is ordered that:
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The time for Defendant to file a responsive pleading or otherwise
respond to the First Amended Complaint shall be continued to November 8, 2017.
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IT IS SO ORDERED.
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Dated: October 24, 2017
/s/ John A. Mendez__________
U. S. District Court Judge
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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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