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24 Hour Fitness USA, Inc. v. Apex Stores, LLC

United States District Court, N.D. California
Jul 2, 2008
Case No. 08-1681 SBA (N.D. Cal. Jul. 2, 2008)

Summary

dismissing declaratory judgment action because plaintiff "filed this anticipatory suit in bad faith for the sole purpose of forum shopping"

Summary of this case from Pickman v. American Express Co.

Opinion

Case No. 08-1681 SBA.

July 2, 2008


ORDER


Before the Court is the parties' stipulation requesting a continuance of the Case Management Conference set for July 17, 2008, and extension of related deadlines [Docket No. 19].

Accordingly, it is hereby ORDERED that:

1) The Case Management Conference set for July 17, 2008 is continued to October 8, 2008 at 2:30 p.m. ;
2) The last day for the parties to: (a) meet and confer regarding the initial disclosures, early settlement, ADR process selection, and the discovery plan; (b) file their respective ADR Certifications pursuant to ADR L.R. 3-5(b); and (c) file either a "Stipulation and (Proposed) Order Selecting ADR Process" or a "Notice of Need for ADR Phone Conference" on a form established by the Court pursuant to ADR L.R. 3-5(c), shall be on or before September 11, 2008 ; and
3) The last day for the parties to file the Rule 26(f) Report, complete initial disclosures and file the Joint Case Management Statement shall be September 25, 2008 .

IT IS SO ORDERED.


Summaries of

24 Hour Fitness USA, Inc. v. Apex Stores, LLC

United States District Court, N.D. California
Jul 2, 2008
Case No. 08-1681 SBA (N.D. Cal. Jul. 2, 2008)

dismissing declaratory judgment action because plaintiff "filed this anticipatory suit in bad faith for the sole purpose of forum shopping"

Summary of this case from Pickman v. American Express Co.
Case details for

24 Hour Fitness USA, Inc. v. Apex Stores, LLC

Case Details

Full title:24 Hour Fitness USA, Inc., Plaintiff, v. Apex Stores, LLC; Apex, LLC; Apex…

Court:United States District Court, N.D. California

Date published: Jul 2, 2008

Citations

Case No. 08-1681 SBA (N.D. Cal. Jul. 2, 2008)

Citing Cases

Pickman v. American Express Co.

Forum shopping is disfavored. See 24 Hour Fitness USA, Inc. v. Apex Stores, LLC, 2008 WL 4155598, at *1 (N.…

Gunnar Optiks, LLC v. Mad Panda, LLC

Filing a declaratory judgment action in anticipation of litigation has been found to be bad faith when done…