McDonald v. CP OpCo, LLC et al

Filing 49

ORDER by Judge Haywood S. Gilliam, Jr. Granting 44 Stipulation for Leave to File Second Amended Complaint. (ndrS, COURT STAFF) (Filed on 11/27/2017)

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1 2 3 4 5 6 7 8 9 10 11 12 JOHN T. MULLAN (SBN 221149) E-mail jtm@rezlaw.com CHAYA M. MANDELBAUM (SBN 239084) E-mail cmm@rezlaw.com MEGHAN F. LOISEL (SBN 291400) E-mail mfl@rezlaw.com RUDY, EXELROD, ZIEFF & LOWE, L.L.P. 351 California Street, Suite 700 San Francisco, CA 94104 T: (415) 434-9800 / F: (415) 434-0513 JAMES M. FINBERG (SBN 114850) E-mail jfinberg@altshulerberzon.com EILEEN B. GOLDSMITH (SBN 218029) E-mail egoldsmith@altshulerberzon.com MEREDITH A. JOHNSON (SBN 291018) E-mail mjohnson@altshulerberzon.com ALTSHULER BERZON LLP 177 Post Street, Suite 300 San Francisco, CA 94108 T: (415) 421-7151 / F: (415) 362-8064 Attorneys for Plaintiff, DAVID MCDONALD, on behalf of himself and all others similarly situated 13 14 Attorneys for Defendants listed on following page, 15 16 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 17 18 DAVID MCDONALD, on behalf of himself and all others similarly situated, 19 Plaintiff, 20 v. 21 22 23 CP OPCO, LLC, dba CLASSIC PARTY RENTALS; APOLLO GLOBAL MANAGEMENT, LLC; INSPERITY PEO SERVICES, L.P.; and DOES 1-20, 24 Case No: 4 3:17-cv-04915-SK HSG JOINT STIPULATION AND [PROPOSED] ORDER FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Complaint Filed: Trial Date: Defendants. 25 26 27 28 Case No. 4:17-4915-HSG Case No: 3:17-cv-04915-SK JOINT STIPULATION AND [PROPOSED] ORDER 8-24-2017 None Set 1 2 3 4 5 6 7 BORIS SORSHER, SBN 251718 E-Mail bsorsher@fisherphillips.com CHRISTOPHER M. AHEARN, SBN 239089 E-Mail cahearn@fisherphillips.com FISHER & PHILLIPS LLP 2050 Main Street, Suite 1000 Irvine, California 92614 Telephone: (949) 851-2424 Facsimile: (949) 851-0152 Attorneys for Defendant INSPERITY PEO SERVICES, L.P. 11 ANDREW J. EHRLICH aehrlich@paulweiss.com GREGORY F. LAUFER glaufer@paulweiss.com PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 1285 Avenue of the Americas New York, New York 10019-6064 Telephone: (212) 373-3000 12 Attorneys for Defendant, APOLLO GLOBAL MANAGEMENT, LLC 8 9 10 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 4:17-4915-HSG Case No: 3:17-cv-04915-SK 2 JOINT STIPULATION AND [PROPOSED] ORDER Plaintiff DAVID MCDONALD and Defendants INSPERITY PEO SERVICES, 1 2 L.P.(hereinafter, “Insperity”) and APOLLO GLOBAL MANAGEMENT, LLC (hereinafter, 3 “Apollo”) (hereinafter collectively, the “Parties”) hereby stipulate as follows: WHEREAS, this putative class action was initiated on August 24, 2017, when Plaintiff 4 5 filed the Class Action Complaint; 6 WHEREAS, the case was assigned to the Honorable Sallie Kim; 7 WHEREAS, Plaintiff filed the First Amended Complaint on September 14, 2017; 8 WHEREAS, Defendant Insperity filed its Answer to the First Amended Complaint on 9 October 10, 2017; WHEREAS, Defendant CP OpCo, LLC, doing business as Classic Party Rentals failed to 10 11 respond to the First Amended Complaint, and default was entered as to Defendant CP OpCo, LLC, 12 doing business as Classic Party Rentals on October 23, 2017; WHEREAS, pursuant to Rule 12(a)(1)(A)(i) of the Federal Rules of Civil Procedure, 13 14 Apollo originally had until October 10, 2017 to file a response to the First Amended Complaint; WHEREAS, the Parties previously stipulated on October 10, 2017 that Apollo would 15 16 have an additional twenty (20) days to respond to the Complaint, until October 30, 2017; WHEREAS, the Parties subsequently stipulated that Apollo would have an additional 17 18 three (3) weeks in which to respond to the Complaint, until November 20, 2017, because it was 19 Apollo’s position that the three additional weeks were necessary in order to provide Apollo with 20 sufficient time to provide additional information to Plaintiff in connection with Plaintiff’s claims; 21 and 22 WHEREAS, Apollo has now provided Plaintiff with additional information; 23 NOW THEREFORE, the parties hereby stipulate and agree that: 24 (a) Plaintiff should have leave to file a Second Amended Complaint in this lawsuit for 25 purposes of adding additional parties. There are no other changes to the complaint. 26 A copy of the proposed Second Amended Complaint is attached hereto as Exhibit A. 27 28 (b) Neither Apollo nor Insperity nor any of their affiliates shall be deemed to have waived any rights, remedies or defenses (including without limitation the right to Case No. 4:17-4915-HSG Case No: 3:17-cv-04915-SK 3 JOINT STIPULATION AND [PROPOSED] ORDER 1 object to the inclusion of any party as a defendant in this lawsuit) as a result of 2 having (i) provided additional information to Plaintiff in connection with Plaintiff’s 3 claims or (ii) agreed that Plaintiff should have leave to file a Second Amended 4 Complaint in this lawsuit. 5 6 7 (c) Apollo and any parties added as defendants in the Second Amended Complaint will have an additional thirty (30) days to respond to the complaint. Dated: November 20, 2017 8 Respectfully submitted, RUDY, EXELROD, ZIEFF & LOWE, L.L.P. 9 By: /s/ John T. Mullan JOHN T. MULLAN CHAYA MANDELBAUM MEGHAN F. LOISEL 10 11 ALTSHULER BERZON JAMES M. FINBERG EILEEN B. GOLDSMITH MEREDITH A. JOHNSON Attorneys for Plaintiff DAVID MCDONALD, on behalf of himself and all others similarly situated 12 13 14 15 16 Dated: November 20, 2017 Respectfully submitted, PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP 17 18 By: /s/ Gregory F. Laufer ANDREW J. EHRLICH (appearing pro hac vice) GREGORY F. LAUFER (appearing pro hac vice) Attorneys for Defendant APOLLO GLOBAL MANAGEMENT, LLC 19 20 21 22 23 Dated: November 20, 2017 24 Respectfully submitted, FISHER & PHILLIPS LLP 25 26 By: 27 28 Case No. 4:17-4915-HSG Case No: 3:17-cv-04915-SK /s/ Christopher M. Ahearn BORIS SORSHER CHRISTOPHER M. AHEARN Attorneys for Defendant INSPERITY PEO SERVICES, L.P. 4 JOINT STIPULATION AND [PROPOSED] ORDER 1 Attestation of Consent to File 2 Pursuant to Rule 5-1(i)(3) of the local rules of this Court, I, John T. Mullan, hereby attest 3 that I obtained concurrence in the filing of this document from each of the other signatories listed 4 above. 5 By: /s/ John T. Mullan 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case No. 4:17-4915-HSG Case No: 3:17-cv-04915-SK 5 JOINT STIPULATION AND [PROPOSED] ORDER ORDER 1 2 Plaintiff is hereby granted leave to file a Second Amended Complaint in this lawsuit for 3 purposes of adding Apollo Centre Street Partnership, L.P.; Apollo Franklin Partnership, L.P.; 4 Apollo Credit Opportunity Fund III AIV I, LP; Apollo SK Strategic Investments, L.P.; Apollo 5 Special Opportunities Managed Account, L.P.; and Apollo Zeus Strategic Investments, L.P. as 6 Defendants in this matter. 7 PURSUANT TO STIPULATION, IT IS SO ORDERED. 8 9 DATED: November 27, 2017 ___________, 10 _____________________________ Hon. Sallie Kim Honorable Haywood S. Gilliam, Jr. United States Magistrate Judge States District Judge 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 JOINT STIPULATION AND [PROPOSED] ORDER Case No: 3:17-cv-04915-SK

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