Alatorre v. 24 Hour Fitness USA, Inc.

Filing 24

STIPULATION AND ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES. Case Management Conference set for 1/27/2011 01:30 PM in Courtroom G, 15th Floor, San Francisco. Signed by Judge Joseph C. Spero on 11/23/11. (klhS, COURT STAFF) (Filed on 11/23/2011)

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Elizabeth L. Deeley (SBN 230798)
[e-mail]
Nickolas A. Kacprowski (SBN 242684)
[e-mail]
Adam W. Holbrook (SBN 268422)
[e-mail]
KIRKLAND & ELLIS LLP
555 California Street
San Francisco, California 94104
Telephone: [phone]
Facsimile: [phone]
Attorneys for Defendant
24 HOUR FITNESS USA, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ALBERT ALATORRE, an individual, and on
Behalf of all Others Similarly Situated,

CASE NO. 11-CV-04318-JCS
STIPULATION TO CONTINUE
INITIAL CASE MANAGEMENT
CONFERENCE AND ASSOCIATED
DEADLINES; [PROPOSED] ORDER

Plaintiffs,
vs.
24 HOUR FITNESS USA, INC.,
Defendant.

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STIPULATION

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WHEREAS Plaintiff Albert Alatorre commenced this action in this Court on
August 30, 2011;
WHEREAS the parties have signed a Putative Class Action Settlement Agreement (the
“Settlement”) in an effort to resolve the litigation on a consensual basis;
WHEREAS on September 6, 2011, Plaintiff filed its Notice of Motion and Motion for

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Preliminary Approval of Class Action Settlement Agreement (the “Motion”), and such Motion is

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pending before the Court;

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WHEREAS the Settlement, if approved by the Court, will resolve this litigation and obviate
the need for a case management conference;
STIPULATION TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

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Case No. 11-CV-04318-JCS

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WHEREAS, the parties previously stipulated, and this Court ordered on October 31, 2011,

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that defendant is not required to file an answer or other pleading in response to the complaint

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pending the Court’s ruling on preliminary and final approval of the Settlement;

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WHEREAS, the Initial Case Management Conference is currently scheduled for December
14, 2011;
WHEREAS, the parties have agreed that continuing the Initial Case Management Conference
would best serve judicial efficiency and is the interests of the parties;
WHEREAS, pursuant to Local Rules 6-1 and 6-2, the parties may stipulate in writing
requesting an order to continue the date of the case management conference.

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NOW THEREFORE, IT IS HEREBY STIPULATED, pursuant to Local Rules 6-1 and 6-2,

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subject to the approval of the Court, by and between the parties to this case through their respective

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attorneys of record, that:

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The case management conference presently scheduled for December 14, 2011, is continued
to January 27, 2012 at 1:30 p.m.

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IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

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DATED: November 22, 2011

Respectfully submitted,

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KIRKLAND & ELLIS LLP

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By: /s/ Adam W. Holbrook
Elizabeth L. Deeley
Nickolas A. Kacprowski
Adam W. Holbrook

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KIRKLAND & ELLIS LLP
555 California Street
San Francisco, CA 94104
Telephone [phone]
Facsimile: [phone]

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Attorneys for Defendant
24 HOUR FITNESS USA, INC.

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STIPULATION TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

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Case No. 11-CV-04318-JCS

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DATED: November 22, 2011

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By: /s/ Melissa M. Harnett
Melissa M. Harnett*
Robert L. Esensten
Gregory B. Scarlett

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WASSERMAN, COMDEN, CASSELMAN
& ESENSTEN, L.L.P.
5567 Reseda Boulevard, Suite 330
Post Office Box 7033
Tarzana, California 91357-7033
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
ALBERT ALATORRE and on behalf of others
similarly situated

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WASSERMAN, COMDEN, CASSELMAN
& ESENSTEN, L.L.P.

DATED: November 22, 2011

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KELLER GROVER, LLP
By: /s/ Jeffrey F. Keller
Jeffrey F. Keller*
Kathleen R. Scanlan

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KELLER GROVER, LLP
1965 Market Street, 3rd Floor
San Francisco, CA 94103
Telephone: [phone]
Facsimile: [phone]

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Attorneys for Plaintiffs
ALBERT ALATORRE and on behalf of others
similarly situated

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I, Adam W. Holbrook, am the ECF user whose ID and password are being used to file this Stipulation to Continue
Initial Case Management Conference and Associated Deadlines; [Proposed] Order. In compliance with General Order
45, X.B., I hereby attest that the following attorneys have concurred in this filing: Melissa M. Harnett and Jeffrey F.
Keller, Counsel for Plaintiff Albert Alatorre and on behalf of others similarly situated.
STIPULATION TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

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Case No. 11-CV-04318-JCS

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[PROPOSED] ORDER

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Pursuant to the parties’ stipulation, the Initial Case Management Conference presently
scheduled for December 14, 2011, is continued to January 27, 2012 at 1:30 p.m.

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PURSUANT TO STIPULATION, IT IS SO ORDERED

NO

11/23/11
DATED: _____________________

Judge Jo

S
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pero

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UNIT
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______________________________
ER
Judge Joseph C. Spero C
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DI T ICT O
United States SMagistrate Judge
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STIPULATION TO CONTINUE INITIAL CASE
MANAGEMENT CONFERENCE

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Case No. 11-CV-04318-JCS

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CERTIFICATE OF SERVICE
The undersigned hereby certify that all counsel of record who have consented to electronic

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service are being served with a copy of the attached STIPULATION TO CONTINUE INITIAL

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CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; [PROPOSED]

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ORDER via the CM/ECF system on November 22, 2011.

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DATED: November 22, 2011

By: /s/ Adam W. Holbrook
Adam W. Holbrook

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CERTIFICATE OF SERVICE

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Case No. 11-CV-04318-JCS