O'Shea et al v. 24 Hour Fitness USA, Inc.

Filing 45

ORDER GRANTING 44 STIPULATION to Continue Case Management Conference. Joint Case Management Statement due by 8/26/2016. Initial Case Management Conference set for 9/2/2016 11:00 AM in Courtroom 5, 2nd Floor, Oakland. Signed by Judge Jeffrey S. White on 7/19/16. (jjoS, COURT STAFF) (Filed on 7/19/2016)

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1 2 3 4 5 6 Elizabeth L. Deeley (SBN 230798) Christopher W. Keegan (SBN 232045) KIRKLAND & ELLIS LLP 555 California Street, 27th Floor San Francisco, CA 94104 Telephone: (415) 439-1400 Facsimile: (415) 439-1500 Email: edeeley@kirkland.com Email: chris.keegan@kirkland.com Attorneys for Defendant 24 Hour Fitness USA, Inc. 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 In re 24 Hour Fitness Prepaid Memberships Litigation CASE NO. 4:16-cv-01668 CONSOLIDATED CASES: No. 3:16-cv-01668-JSW No. 3:16-cv-02359-JSW 13 14 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND ORDER THEREON 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE CASE NO. 4:16-CV-01668 1 WHEREAS, on April 1, 2016, Plaintiffs Kevin O’Shea, Mark Vitcov, and Rod Morris, filed 2 a complaint in the United States District Court for the Northern District of California, on behalf of 3 themselves and all others similarly situated, Case No. 3:16-cv-01668-EDL; 4 WHEREAS, on April 29, 2016, Plaintiff Russell Marchewka filed a complaint in the United 5 States District Court for the Northern District of California, on behalf of himself and all others 6 similarly situated, Case No. 3:16-cv-02359-MEJ. Plaintiffs Russell Marchewka, Kevin O’Shea, 7 Mark Vitcov, and Rod Morris, are hereinafter collectively referred to as “Plaintiffs”; 8 WHEREAS, on May 17, 2016, the Court set a case management conference for July 29, 9 2016, and ordered Plaintiffs and Defendant 24 Hour Fitness USA, Inc. (“Defendant”) (collectively, 10 the “Parties”) to file a joint case management conference statement by July 22, 2016 (ECF No. 16); 11 WHEREAS, on June 28, 2016, the Court consolidated the above-referenced matters for pre- 12 trial purposes as In re 24 Hour Fitness Prepaid Memberships Litigation, Case No. 4:16-cv-01668- 13 JSW, and ordered the Parties to file a stipulation and proposed order regarding the schedule for filing 14 a consolidated complaint (ECF No. 37); 15 16 17 18 WHEREAS, on July 1, 2016, the Court ordered Plaintiffs to file a consolidated complaint no later than July 26, 2016 (ECF No. 39); WHEREAS, the current deadline to file the Parties’ joint case management statement, July 22, 2016, is before the deadline for Plaintiffs to file a consolidated complaint, July 26, 2016; 19 WHEREAS, the Parties wish to address issues raised in the forthcoming consolidated 20 complaint before filing a joint case management statement and conducting a case management 21 conference; 22 WHEREAS, to provide the Parties an opportunity to meet and confer pursuant to Federal 23 Rule of Civil Procedure 26(f) and file a joint case management statement after having the 24 opportunity to address issues raised in the forthcoming consolidated complaint, and to avoid the 25 unnecessary expenditure of court resources, the Parties have stipulated, subject to Court approval, to 26 a continuance of the case management conference to September 2, 2016, and an extension of the 27 deadline to file the joint case management statement from July 22, 2016, to August 26, 2016. 28 NOW THEREFORE, the Parties hereby stipulate, subject to Court approval, that: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 CASE NO. 4:16-CV-01668 1 2 3 The case management conference scheduled for July 29, 2016 is continued to September 2, 2016, at 11:00 AM; The deadline to file a joint case management statement is extended to August 26, 2016. 4 5 DATED: July18, 2016 /s/ Elizabeth L. Deeley Elizabeth L. Deeley KIRKLAND & ELLIS LLP 555 California Street, 27th Floor San Francisco, CA 94104 Telephone: (415) 439-1400 Facsimile: (415) 439-1500 Email: edeeley@kirkland.com DATED: July 18, 2016 /s/ Eve-Lynn J. Rapp (with Permission) Eve-Lynn J. Rapp Edelson PC 329 Bryant St, Suite 2C San Francisco, CA 94107 Telephone: (415) 212-9300 Facsimile: (415) 373-9435 Email: erapp@edelson.com DATED: July 18, 2016 /s/ Rosemary M. Rivas (with Permission) Rosemary M. Rivas Finkelstein Thompson LLP One California Street, Suite 900 San Francisco, CA 94111 Telephone: (415) 398-8700 Facsimile: (415) 398-8704 Email: rrivas@finkelsteinthompson.com 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 2 CASE NO. 4:16-CV-01668 1 2 3 4 ORDER Pursuant to the stipulation of the Parties, and for good cause shown, the Court orders as follows: The case management conference scheduled for July 29, 2016 shall be continued to 5 September 2, 2016, at 11:00 AM, and the Parties shall file a joint case management conference 6 statement by August 26, 2016. 7 8 IT IS SO ORDERED 9 10 11 July 19, 2016 DATED: __________________ ____________________________________ Hon. Jeffrey S. White United States District Court Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] ORDER GRANTING STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE 1 CASE NO. 4:16-CV-01668

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