Gonzalez et al v. DDR Partners, Inc.

Filing 45

STIPULATION AND ORDER TO EXTEND DEADLINE FOR DEFENDANT WESTERN ATHLETIC CLUB, INC.S ANSWER TO FIRST AMENDED COMPLAINTre 42 Stipulation. Deadline for Western Athletic Clubs Inc. to file Answer by 6/4/2009. Signed by Judge James Ware on 5/13/2009. (ecg, COURT STAFF) (Filed on 5/13/2009)

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Attorneys for Plaintiffs Juan Gonzalez and Ricardo Mendoza ERIC MECKLEY, State Bar No. 168181 STEVEN K. GANOTIS, State Bar No. 234252 MORGAN, LEWIS & BOCKIUS LLP One Market, Spear Street Tower San Francisco, California 94115 Tel: [phone] Fax: [phone] [e-mail] m [e-mail] m Attorneys for Defendants DDR Partners, Inc. and Western Athletic Club, Inc.

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UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

JUAN GONZALEZ and RICARDO MENDOZA, individually, and on behalf of all others similarly situated, Plaint iffs, v. DDR PARTNERS, INC. dba PACIFIC ATHLETIC CLUB; WESTERN ATHLETIC CLUBS, INC. dba PACIFIC ATHLETIC CLUB and, DOES 1-10, Defendants.

Case No. C 08 03814 JW STIPULATION TO EXTEND DEADLINE FOR DEFENDANT WESTERN ATHLETIC CLUB, INC.'S ANSWER TO FIRST AMENDED COMPLAINT Civil Local Rule 6-1(a)

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ADAM WANG, State Bar No. 201233 LAW OFFICES OF ADAM WANG 12 South First Street, Suite 708 San Jose, California 95113 Tel: [phone] Fax: [phone] [e-mail]

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Pursuant to Civil Local Rule 6-1(a), Plaintiffs Juan Gonzalez and Ricardo Mendoza ("Plaintiffs") and Defendants DDR Parterns, Inc. ("DDR") and Western Athletic Club, Inc. ("WAC") (Plaint iffs and Defendants are referred to collectively as the "Parties"), through their respective counsel, hereby stipulate and agree to the following: 1. WAC was served with a summons and copy of the first amended complaint, in

which it was named as a defendant for the first time, on April 24, 2009. Based upon the date of service, WAC's deadline to file a responsive pleading is May 14, 2009. 2. The Parties have agreed to mediate this action on May 27, 2009, before Court

appointed mediator Andria Knapp. 3. In an effort to avoid unnecessary time and expense prior to mediation, the Parties

have agreed to extend the date by which WAC must file an answer to the first amended complaint by three (3) weeks. The new deadline will be June 4, 2009. This change will not alter the date of any event or any deadline already fixed by Court order. This extension applies only to the deadline for filing an answer. 4. WAC represents that it will not file a motion to dismiss or otherwise respond to the

first amended complaint with any type of pleading other than an answer. In the event that this action is not resolved prior to the new deadline agreed upon by the Parties, WAC will file an answer to the first amended complaint by no later than June 4, 2009. Dated: May 12, 2009 LAW OFFICES OF ADAM WANG _____/S/________________________ ADAM WANG Attorneys for Plaintiffs Dated: May 12, 2009 MORGAN LEWIS & BOCKIUS

___________/s/______________________ STEVEN K. GANOTIS Attorneys for Defendants

W 9 STIPULATION TO EXTEND TIME FOR WESTERN ATHLETIC CLUB'S ANSWER Case No. C 08 03814 JW 3 -19