Gonzalez et al v. DDR Partners, Inc.

Filing 47

STIPULATION AND ORDER to Extend Deadline for Defendant Western Athletic Club, Inc's Answer to First Amended Complaint re 46 Stipulation. Deadline to file answer due by 7/6/2009. Signed by Judge James Ware on 6/10/2009. (ecg, COURT STAFF) (Filed on 6/10/2009)

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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] 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 TO JULY 6, 2009 Civil Local Rule 6-1(a)

W 9 STIPULATION TO EXTEND TIME FOR WAC'S ANSWER TO JULY 6, 2009 Case No. C 08 03814 JW 3 9

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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. 2. WAC's answer to the first amended complaint was originally due by May 14, 2009. Because the Parties were preparing for mediation on May 27, 2009, the Parties

agreed to extend the date by which WAC was required to file an answer to the first amended complaint by three (3) weeks. As provided by the Parties' stipulation, which was filed on May 12, 2009, and signed by the Court on May 13, 2009, the new deadline for WAC to file an answer to the first amended complaint was June 4, 2009. 3. On May 27, 2009, the Parties reached a tentative agreement to resolve the action in

its entirety. The Parties are currently drafting documentation, including the settlement agreement and stipulation for dismissal. 4. In an effort to avoid unnecessary time and expense while finalizing the settlement

and dismissal of this action, the Parties have agreed to further extend the date by which WAC must file an answer to the first amended complaint. The new deadline will be July 6, 2009. This change will not alter the date of any event or any deadline already fixed by Court order, other than the Parties' previously st ipulated deadline for WAC's answer. Dated: June 3, 2009 LAW OFFICES OF ADAM WANG _/s/____________________________ ADAM WANG Attorneys for Plaintiffs Dated: June 3, 2009 MORGAN LEWIS & BOCKIUS

_/s/__________________________ STEVEN K. GANOTIS Attorneys for Defendants

W 9 STIPULATION TO EXTEND TIME FOR WAC'S ANSWER TO JULY 6, 2009 Case No. C 08 03814 JW 3 -19