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Alatorre v. 24 Hour Fitness USA, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 23, 2011
CASE NO. 11-CV-04318-JCS (N.D. Cal. Nov. 23, 2011)

Opinion

CASE NO. 11-CV-04318-JCS

11-23-2011

ALBERT ALATORRE, an individual, and on Behalf of all Others Similarly Situated, Plaintiffs, v. 24 HOUR FITNESS USA, INC., Defendant.

Elizabeth L. Deeley (SBN 230798) Nickolas A. Kacprowski (SBN 242684) Adam W. Holbrook (SBN 268422) KIRKLAND & ELLIS LLP Attorneys for Defendant 24 HOUR FITNESS USA, INC.


Elizabeth L. Deeley (SBN 230798)

Nickolas A. Kacprowski (SBN 242684)

Adam W. Holbrook (SBN 268422)

KIRKLAND & ELLIS LLP

Attorneys for Defendant

24 HOUR FITNESS USA, INC.

STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; [PROPOSED] ORDER


STIPULATION

WHEREAS Plaintiff Albert Alatorre commenced this action in this Court on August 30, 2011;

WHEREAS the parties have signed a Putative Class Action Settlement Agreement (the "Settlement") in an effort to resolve the litigation on a consensual basis;

WHEREAS on September 6, 2011, Plaintiff filed its Notice of Motion and Motion for Preliminary Approval of Class Action Settlement Agreement (the "Motion"), and such Motion is pending before the Court;

WHEREAS the Settlement, if approved by the Court, will resolve this litigation and obviate the need for a case management conference;

WHEREAS, the parties previously stipulated, and this Court ordered on October 31, 2011, that defendant is not required to file an answer or other pleading in response to the complaint pending the Court's ruling on preliminary and final approval of the Settlement;

WHEREAS, the Initial Case Management Conference is currently scheduled for December 14, 2011;

WHEREAS, the parties have agreed that continuing the Initial Case Management Conference would best serve judicial efficiency and is the interests of the parties;

WHEREAS, pursuant to Local Rules 6-1 and 6-2, the parties may stipulate in writing requesting an order to continue the date of the case management conference.

NOW THEREFORE, IT IS HEREBY STIPULATED, pursuant to Local Rules 6-1 and 6-2, subject to the approval of the Court, by and between the parties to this case through their respective attorneys of record, that:

The case management conference presently scheduled for December 14, 2011, is continued to January 27, 2012 at 1:30 p.m.

IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.

Respectfully submitted,

KIRKLAND & ELLIS LLP

Elizabeth L. Deeley

Nickolas A. Kacprowski

Adam W. Holbrook

KIRKLAND & ELLIS LLP

Attorneys for Defendant

24 HOUR FITNESS USA, INC.

WASSERMAN, COMDEN, CASSELMAN

& ESENSTEN, L.L.P.

Melissa M. Harnett

Robert L. Esensten

Gregory B. Scarlett

WASSERMAN, COMDEN, CASSELMAN

& ESENSTEN, L.L.P.

Attorneys for Plaintiffs

ALBERT ALATORRE and on behalf of others

similarly situated

KELLER GROVER, LLP

Jeffrey F. Keller

I, Adam W. Holbrook, am the ECF user whose ID and password are being used to file this Stipulation to Continue Initial Case Management Conference and Associated Deadlines; [Proposed] Order. In compliance with General Order 45, X.B., I hereby attest that the following attorneys have concurred in this filing: Melissa M. Harnett and Jeffrey F. Keller, Counsel for Plaintiff Albert Alatorre and on behalf of others similarly situated.

Kathleen R. Scanlan

KELLER GROVER, LLP

Attorneys for Plaintiffs

ALBERT ALATORRE and on behalf of others

similarly situated

[PROPOSED] ORDER

Pursuant to the parties' stipulation, the Initial Case Management Conference presently scheduled for December 14, 2011, is continued to January 27, 2012 at 1:30 p.m.

PURSUANT TO STIPULATION, IT IS SO ORDERED

Judge Joseph C. Spero

United States District Judge

CERTIFICATE OF SERVICE

The undersigned hereby certify that all counsel of record who have consented to electronic service are being served with a copy of the attached STIPULATION TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE AND ASSOCIATED DEADLINES; [PROPOSED] ORDER via the CM/ECF system on November 22, 2011.

Adam W. Holbrook


Summaries of

Alatorre v. 24 Hour Fitness USA, Inc.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION
Nov 23, 2011
CASE NO. 11-CV-04318-JCS (N.D. Cal. Nov. 23, 2011)
Case details for

Alatorre v. 24 Hour Fitness USA, Inc.

Case Details

Full title:ALBERT ALATORRE, an individual, and on Behalf of all Others Similarly…

Court:UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION

Date published: Nov 23, 2011

Citations

CASE NO. 11-CV-04318-JCS (N.D. Cal. Nov. 23, 2011)