Opinion
CASE NO. 11-CV-04318-JCS
10-31-2011
ALBERT ALATORRE, an individual, and on Behalf of all Others Similarly Situated, Plaintiffs, v. 24 HOUR FITNESS USA, INC., Defendant.
By: Elizabeth L. Deeley Nickolas A. Kacprowski Adam W. Holbrook Attorneys for Defendant 24 HOUR FITNESS USA, INC. WASSERMAN, COMDEN, CASSELMAN & ESENSTEN, L.L.P. By: 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 By: Jeffrey F. Keller * Kathleen R. Scanlan Attorneys for Plaintiffs ALBERT ALATORRE and on behalf of others similarly situated
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 EXTEND TIME TO ANSWER, MOVE, OR OTHERWISE
RESPOND TO PLAINTIFF'S COMPLAINT PURSUANT TO LOCAL RULE 6-1
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 Defendant to respond to the complaint.
WHEREAS pursuant to Local Rule 6-1, the parties may stipulate in writing, without a Court order, to extend the time within which to answer or otherwise respond to the complaint, provided that the change will not alter the date of any deadline already fixed by Court order and so long as the stipulation is filed pursuant to Local Rule 5.
WHEREAS other than the above-mentioned dates, the only other deadlines set in this case are in connection with the parties' Fed. R. Civ. P. 26 initial disclosures and the Initial Case Management Conference currently scheduled for December 16, 2011.
WHEREAS the parties assert that this request is not made for the purpose of delay. THE PARTIES HEREBY STIPULATE AS FOLLOWS:
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. Should the Court fail to grant preliminary or final approval, Defendant's answer or other pleading in response to the complaint will be due forty-five (45) days after the Court's order memorializing that ruling, unless the parties agree to stipulate to a further extension.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
Respectfully submitted,
KIRKLAND & ELLIS LLP
By: Elizabeth L. Deeley
Nickolas A. Kacprowski
Adam W. Holbrook
Attorneys for Defendant
24 HOUR FITNESS USA, INC.
WASSERMAN, COMDEN, CASSELMAN
& ESENSTEN, L.L.P.
By: 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
I, Adam W. Holbrook, am the ECF user whose ID and password are being used to file this Stipulation to Extend Time to Answer, Move, or Otherwise Respond to Plaintiff's Complaint Pursuant to Local Rule 6-1. 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
Attorneys for Plaintiffs
ALBERT ALATORRE and on behalf of others
similarly situated
IT IS SO ORDERED
Judge Joseph C. Sepro
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 EXTEND TIME TO ANSWER, MOVE, OR OTHERWISE RESPOND TO PLAINTIFFS' COMPLAINT PURSUANT TO LOCAL RULE 6-1 via the CM/ECF system on October 27, 2011.
By: Adam W. Holbrook