Beauperthuy et al v. 24 Hour Fitness USA, Inc. et al

Filing 446

STIPULATION AND ORDER continuing Motion to Compel Arbitration and Case Management Conference from 7/8/11 to 9/9/11 at 10:00 a.m.. Signed by Judge Samuel Conti on 6/9/11. (tdm, COURT STAFF) (Filed on 6/10/2011)

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JOHN C. KLOOSTERMAN, Bar No. 182625
email: [e-mail]
LISA C. CHAGALA, Bar No. 217883
email: [e-mail]
LITTLER MENDELSON
A Professional Corporation
650 California Street, 20th Floor
San Francisco, CA 94108.2693
Telephone: [phone]
Attorneys for Defendants
24 HOUR FITNESS USA, INC. AND SPORT AND
FITNESS CLUBS OF AMERICA

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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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GABE BEAUPERTHUY, et al.,
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Plaintiffs,
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v.
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24 HOUR FITNESS USA, INC. a
California corporation dba 24 HOUR
FITNESS; SPORT AND FITNESS
CLUBS OF AMERICA, INC., a California
corporation dba 24 HOUR FITNESS,

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Defendants.
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Case No. C 06 0715 SC
STIPULATION AND [PROPOSED ORDER]
CONTINUING (1) PLAINTIFFS’ MOTION TO
COMPEL HEARING AND BRIEFING AND (2)
CASE MANAGEMENT CONFERENCE

COMPLAINT FILED: February 1, 2006
TRIAL DATE: No date set.

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RECITALS

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LITTLER MENDELSON

A PROFESSIONAL CORPORATION
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

A.

On April 25, 2011, Plaintiffs filed a Motion to Compel Arbitration to be heard at the

same time as the Case Management Conference at 10:00 a.m. on June 24, 2011;
B.

On May 2, 2011, Defendants moved to continue the hearing on the Motion to Compel

and Case Management Conference on the basis of the unavailability of Defense counsel;
C.

On May 9, 2011, the Court continued the hearing date on the Motion to Compel to

July 8, 2011;
D.

There is no trial date in this action;

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E.

The parties have been conducting further meet and confer efforts and have agreed to a

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face-to-face meeting to seek in good faith to resolve the arbitration issues concerning as many of the

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Plaintiffs/Claimants as is reasonably possible;

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F.

The parties’ meet and confer efforts have included new information produced by 24

Hour, which Plaintiffs’ counsel did not have prior to filing the Motion to Compel;
G.

The goal of the face-to-face meet and confer conference is to resolve, or at least

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narrow the issues to be decided in the pending Motion to Compel and may alleviate the need for the

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Court to address the issues;

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H.

Given defense counsel’s international business-related travel schedule, the parties are

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unable to meet and confer prior to the currently scheduled hearing of July 8, 2011. Therefore,

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subject to the Court’s approval of this stipulation, the parties’ face-to-face meet and confer

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conference is presently scheduled for August 1, 2011 at San Francisco, California;

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I.

In light of the parties’ attempt to resolve the issues, the parties agree that the Motion

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to Compel Arbitration and the Case Management Conference, subject to the Court’s approval, shall

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be continued to a date after September 5, 2011 to allow the parties to resolve the or narrow the

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arbitration issues at issue in the Motion to Compel and Defendants to respond to same.
STIPULATION

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Without waiving any of their rights or positions or claims pertaining to issues relevant to the
arbitration or arbitration process, the parties hereby stipulate that:
1.

Counsel for the parties shall meet and confer face-to-face a good faith effort to

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negotiate and resolve all issues related to arbitration and the pending Motion to

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Compel;

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2.

The conference shall take place August 1, 2011 in San Francisco;

3.

A client representative with full authority to negotiate all arbitration issues shall

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LITTLER MENDELSON

A PROFESSIONAL CORPORATION
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

attend in person or counsel for 24 Hour shall have full client authority to negotiate all
issues related to arbitration and the Motion to Compel without the need for client
approval;

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4.

The pending Motion to Compel Arbitration and Case Management Conference shall

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be continued from July 8, 2011 to September 5, 2011, or the next available hearing

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date thereafter, at 10:00 a.m. in Courtroom 1.

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SO STIPULATED:
Dated: June 8, 2011

LITTLER MENDELSON, P.C.

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By: _/s/ Laura Hayward___
John C. Kloosterman
Laura E. Hayward
Littler Mendelson, P.C., Attorneys for
Defendant

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Dated: June 8, 2011

DONAHOO & ASSOCIATES
FOLEY BEZEK BEHLE & CURTIS, LLP

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By: _/s/ Richard E. Donahoo____
Richard E. Donahoo
Thomas G. Foley, Jr.
Justin P. Karczag
Attorneys for Plaintiffs

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[PROPOSED] ORDER

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Upon reading the forgoing Stipulation, and good cause appearing, therefore,

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IT IS ORDERED THAT,

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5.

Counsel for the parties shall meet and confer face-to-face a good faith effort to

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negotiate and resolve all issues related to arbitration and the pending Motion to

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Compel;

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6.

The conference shall take place August 1, 2011 in San Francisco;

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A client representative with full authority to negotiate all arbitration issues shall

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LITTLER MENDELSON

A PROFESSIONAL CORPORATION
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

attend in person or counsel for 24 Hour shall have full client authority to negotiate all
issues related to arbitration and the Motion to Compel without the need for client
approval;

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The pending Motion to Compel Arbitration and Case Management Conference shall be

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continued from July 8, 2011 to September 9, 2011, or the next available hearing date

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thereafter, at 10:00 a.m. in Courtroom 1.

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ER

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LITTLER MENDELSON

A PROFESSIONAL CORPORATION
650 California Street
20th Floor
San Francisco, CA 94108.2693
415.433.1940

A

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R NIA

Judge S

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onti

amuel C

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IT IS S

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S DISTRIC

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__________________________________
TA
THE HONORABLE SAMUEL CONTI

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6/9/11
Dated: ________________

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The briefing schedule shall be pursuant to statute. IT IS SO ORDERED.

UNIT
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