Sabatino v. Weight Watchers North America Inc

Filing 42

STIPULATION AND ORDER re Filing of Second Amended Complaint. Signed by Judge Thelton E. Henderson on 12/13/10. (tmi, COURT STAFF) (Filed on 12/14/2010)

Sabatino v. Weight Watchers North America Inc

Doc. 42

1 STEVEN G. ZIEFF (SBN: 84222) [e-mail] 2 KENNETH J. SUGARMAN (SBN: 195059) [e-mail] 3 JOHN T. MULLAN (SBN: 221149) 4 [e-mail] RUDY, EXELROD, ZIEFF & LOWE, LLP 5 351 California Street, Suite 700 San Francisco, CA 94104 6 Telephone: [phone] Facsimile: [phone] 7 8 ARTHUR A. NAVARETTE (SBN: 159973) [e-mail] 9 C. ZANE BECKER (SBN: 260908) [e-mail] 10 NAVARETTE LAW FIRM 1625 The Alameda, Suite 700 11 San Jose, CA 95126 12 Telephone: [phone] Facsimile: [phone] 13 Attorneys for Plaintiffs 14 15 16 17 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA Case No. CV 09-4926 TEH CLASS ACTION STIPULATION AND [PROPOSED] ORDER RE FILING OF SECOND AMENDED COMPLAINT /

LLP

RUDY EXELROD ZIEFF & LOWE

PH [phone] | FX (4 15 ) 434 -0513 | w w w. re z la w. co m

SAN FRANCISCO, CALIFORNIA 94104

3 5 1 CALIFORNIA STREET, SUITE 700

ELAINE SABATINO, BETTY MATHIAS, 18 and MARGOT REEMTS, individually and on behalf of all others similarly situated, 19 Plaintiffs, 20 v. 21 WEIGHT WATCHERS NORTH AMERICA, 22 INC., 23 24 25 26 27 28 Defendant.

STIPULATION AND [PROPOSED] ORDER RE FILING OF SECOND AMENDED COMPLAINT CASE NO. CV 09-4926 TEH Dockets.Justia.com

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IT IS HEREBY STIPULATED by and between the parties hereto through their respective

2 attorneys of record that Plaintiff may file a Second Amended Complaint, a copy of which is 3 attached hereto. This stipulation is solely for purposes of effectuating the terms of the parties' 4 proposed class action settlement as set forth in the parties' Joint Stipulation of Settlement and 5 Release filed with the Court on the same date that this Stipulation is being filed and the status of 6 the Second Amended Complaint as the operative complaint in this action is subject to the terms 7 and conditions set forth Joint Stipulation of Settlement and Release. As set forth more 8 specifically therein, upon the proposed settlement being denied preliminary or final approved, the 9 First Amended Complaint filed in this action shall be the operative complaint, with the parties 10 reserving rights as described in Joint Stipulation of Settlement and Release.
LLP

PH [phone] | FX (4 15 ) 434 -0513 | w w w. re z la w. co m

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IT IS FURTHER STIPULATED that, because the parties have stipulated to the filing of

RUDY EXELROD ZIEFF & LOWE

SAN FRANCISCO, CALIFORNIA 94104

12 Plaintiffs' Second Amended Complaint solely for purposes of effectuating the terms of the 13 parties' proposed class action settlement, defendant Weight Watchers, Inc. shall not be required 14 to file an answer or response to the Second Amended Complaint. 15 DATED: December 10, 2010 16 17 18 19 20 DATED: December 10, 2010 21 22 23 24 25 26 IT IS SO ORDERED. 12/13/10 27 DATED: _____________________ 28 /s/ Jesse A. Cripps, Jr. JESSE A. CRIPPS, JR. 333 South Grand Avenue Los Angeles, California 90071 By:
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3 5 1 CALIFORNIA STREET, SUITE 700

RUDY, EXELROD, ZIEFF & LOWE, LLP By: /s/ Kenneth J. Sugarman KENNETH J. SUGARMAN

Attorneys for Plaintiffs GIBSON, DUNN & CRUTCHER LLP

Attorneys for Defendant TAT
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