Gonzalez et al v. DDR Partners, Inc.

Filing 49

STIPULATION AND ORDER TO EXTEND DEADLINE FOR DEFENDANT WESTERN ATHLETIC CLUB, INC.S ANSWER TO FIRST AMENDED COMPLAINT TO AUGUST 5, 2009 re 48 Stipulation. Signed by Judge James Ware on 7/10/2009. (ecg, COURT STAFF) (Filed on 7/10/2009)

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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 AUGUST 5, 2009 Civil Local Rule 6-1(a)

W 9 STIPULATION TO EXTEND TIME FOR WAC'S ANSWER TO AUGUST 5, 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. The Parties' stipulation, which was filed on May 12, 2009, and signed by the Court on May 13, 2009, extended the deadline to June 4, 2009. 3. On May 27, 2009, the Parties attended a mediation and reached a tentative

agreement to resolve the action in its entirety. While draft ing the settlement agreement and stipulation for dismissal, the Parties filed a stipulation to extend the deadline for WAC to respond to the first amended complaint from June 4, 2009 to July 6, 2009, which the Court signed on June 10, 2009. 4. The Parties have completed drafting the settlement documents and one of the two

plaintiffs has signed the agreement. However, the other plaintiff has not responded to various communications and correspondences, has not yet been able to sign the settlement agreement and will not be able to do so prior to July 6, 2009. Accordingly, to avoid unnecessary expenses, the Parties have agreed to further extend the date by which WAC must file an answer to the first amended complaint to August 5, 2009. This change will not alter the date of any event or any deadline already fixed by Court order, other than the previous deadline for WAC's answer. Dated: July 1, 2009 LAW OFFICES OF ADAM WANG _/s/____________________________ ADAM WANG Attorneys for Plaintiffs Dated: July 1, 2009 __ MORGAN LEWIS & BOCKIUS _/s/__________________________ STEVEN K. GANOTIS Attorneys for Defendants

W 9 STIPULATION TO EXTEND TIME FOR WAC'S ANSWER TO AUGUST 5, 2009 Case No. C 08 03814 JW 3 -19