O'Shea et al v. 24 Hour Fitness USA, Inc.
Filing
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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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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.
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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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
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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
AND ORDER THEREON
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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
CASE NO. 4:16-CV-01668
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WHEREAS, on April 1, 2016, Plaintiffs Kevin O’Shea, Mark Vitcov, and Rod Morris, filed
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a complaint in the United States District Court for the Northern District of California, on behalf of
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themselves and all others similarly situated, Case No. 3:16-cv-01668-EDL;
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WHEREAS, on April 29, 2016, Plaintiff Russell Marchewka filed a complaint in the United
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States District Court for the Northern District of California, on behalf of himself and all others
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similarly situated, Case No. 3:16-cv-02359-MEJ. Plaintiffs Russell Marchewka, Kevin O’Shea,
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Mark Vitcov, and Rod Morris, are hereinafter collectively referred to as “Plaintiffs”;
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WHEREAS, on May 17, 2016, the Court set a case management conference for July 29,
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2016, and ordered Plaintiffs and Defendant 24 Hour Fitness USA, Inc. (“Defendant”) (collectively,
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the “Parties”) to file a joint case management conference statement by July 22, 2016 (ECF No. 16);
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WHEREAS, on June 28, 2016, the Court consolidated the above-referenced matters for pre-
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trial purposes as In re 24 Hour Fitness Prepaid Memberships Litigation, Case No. 4:16-cv-01668-
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JSW, and ordered the Parties to file a stipulation and proposed order regarding the schedule for filing
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a consolidated complaint (ECF No. 37);
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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;
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WHEREAS, the Parties wish to address issues raised in the forthcoming consolidated
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complaint before filing a joint case management statement and conducting a case management
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conference;
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WHEREAS, to provide the Parties an opportunity to meet and confer pursuant to Federal
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Rule of Civil Procedure 26(f) and file a joint case management statement after having the
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opportunity to address issues raised in the forthcoming consolidated complaint, and to avoid the
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unnecessary expenditure of court resources, the Parties have stipulated, subject to Court approval, to
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a continuance of the case management conference to September 2, 2016, and an extension of the
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deadline to file the joint case management statement from July 22, 2016, to August 26, 2016.
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NOW THEREFORE, the Parties hereby stipulate, subject to Court approval, that:
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
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CASE NO. 4:16-CV-01668
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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.
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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
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STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
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CASE NO. 4:16-CV-01668
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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
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September 2, 2016, at 11:00 AM, and the Parties shall file a joint case management conference
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statement by August 26, 2016.
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IT IS SO ORDERED
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July 19, 2016
DATED: __________________
____________________________________
Hon. Jeffrey S. White
United States District Court Judge
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[PROPOSED] ORDER GRANTING
STIPULATION TO CONTINUE CASE
MANAGEMENT CONFERENCE
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CASE NO. 4:16-CV-01668
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