McDonald v. CP OpCo, LLC et al
Filing
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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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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
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Attorneys for Defendants listed on following
page,
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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION
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DAVID MCDONALD, on behalf of himself
and all others similarly situated,
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Plaintiff,
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v.
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CP OPCO, LLC, dba CLASSIC PARTY
RENTALS; APOLLO GLOBAL
MANAGEMENT, LLC; INSPERITY PEO
SERVICES, L.P.; and DOES 1-20,
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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.
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Case No. 4:17-4915-HSG
Case No: 3:17-cv-04915-SK
JOINT STIPULATION AND [PROPOSED] ORDER
8-24-2017
None Set
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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.
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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
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Attorneys for Defendant, APOLLO GLOBAL MANAGEMENT, LLC
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Case No. 4:17-4915-HSG
Case No: 3:17-cv-04915-SK
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JOINT STIPULATION AND [PROPOSED] ORDER
Plaintiff DAVID MCDONALD and Defendants INSPERITY PEO SERVICES,
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L.P.(hereinafter, “Insperity”) and APOLLO GLOBAL MANAGEMENT, LLC (hereinafter,
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“Apollo”) (hereinafter collectively, the “Parties”) hereby stipulate as follows:
WHEREAS, this putative class action was initiated on August 24, 2017, when Plaintiff
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filed the Class Action Complaint;
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WHEREAS, the case was assigned to the Honorable Sallie Kim;
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WHEREAS, Plaintiff filed the First Amended Complaint on September 14, 2017;
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WHEREAS, Defendant Insperity filed its Answer to the First Amended Complaint on
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October 10, 2017;
WHEREAS, Defendant CP OpCo, LLC, doing business as Classic Party Rentals failed to
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respond to the First Amended Complaint, and default was entered as to Defendant CP OpCo, LLC,
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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,
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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
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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
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three (3) weeks in which to respond to the Complaint, until November 20, 2017, because it was
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Apollo’s position that the three additional weeks were necessary in order to provide Apollo with
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sufficient time to provide additional information to Plaintiff in connection with Plaintiff’s claims;
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and
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WHEREAS, Apollo has now provided Plaintiff with additional information;
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NOW THEREFORE, the parties hereby stipulate and agree that:
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(a) Plaintiff should have leave to file a Second Amended Complaint in this lawsuit for
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purposes of adding additional parties. There are no other changes to the complaint.
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A copy of the proposed Second Amended Complaint is attached hereto as Exhibit A.
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(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
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JOINT STIPULATION AND [PROPOSED] ORDER
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object to the inclusion of any party as a defendant in this lawsuit) as a result of
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having (i) provided additional information to Plaintiff in connection with Plaintiff’s
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claims or (ii) agreed that Plaintiff should have leave to file a Second Amended
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Complaint in this lawsuit.
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(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
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Respectfully submitted,
RUDY, EXELROD, ZIEFF & LOWE, L.L.P.
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By: /s/ John T. Mullan
JOHN T. MULLAN
CHAYA MANDELBAUM
MEGHAN F. LOISEL
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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
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Dated: November 20, 2017
Respectfully submitted,
PAUL, WEISS, RIFKIND, WHARTON &
GARRISON LLP
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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
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Dated: November 20, 2017
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Respectfully submitted,
FISHER & PHILLIPS LLP
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By:
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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.
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JOINT STIPULATION AND [PROPOSED] ORDER
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Attestation of Consent to File
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Pursuant to Rule 5-1(i)(3) of the local rules of this Court, I, John T. Mullan, hereby attest
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that I obtained concurrence in the filing of this document from each of the other signatories listed
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above.
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By: /s/ John T. Mullan
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Case No. 4:17-4915-HSG
Case No: 3:17-cv-04915-SK
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JOINT STIPULATION AND [PROPOSED] ORDER
ORDER
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Plaintiff is hereby granted leave to file a Second Amended Complaint in this lawsuit for
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purposes of adding Apollo Centre Street Partnership, L.P.; Apollo Franklin Partnership, L.P.;
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Apollo Credit Opportunity Fund III AIV I, LP; Apollo SK Strategic Investments, L.P.; Apollo
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Special Opportunities Managed Account, L.P.; and Apollo Zeus Strategic Investments, L.P. as
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Defendants in this matter.
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PURSUANT TO STIPULATION, IT IS SO ORDERED.
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DATED: November 27, 2017
___________,
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_____________________________
Hon. Sallie Kim
Honorable Haywood S. Gilliam, Jr.
United States Magistrate Judge
States District Judge
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JOINT STIPULATION AND [PROPOSED] ORDER
Case No: 3:17-cv-04915-SK
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