Daniel Friedman et al v. 24 Hour Fitness USA Inc et al
Plaintiff: Luis Riojas, Deborah McKenna, Angelica Ramirez, Willman Alfaro, Stephanie Daugherty, Craig Jones, Kimberly Zander, Molly Kramer, Daniel Friedman and Thomas Hernan, Jr
Defendant: 24 Hour Fitness USA Inc, McCown De Leeuw and Co, 24 Hour Fitness Worldwide Inc and Does 1 - 100
Other: Dennis "Neil&quot Smith, Jr., Andrew Smith, Toni Ozen and Abiodun Sodipo
Case Number: 2:2006cv06282
Filed: October 2, 2006
Court: US District Court for the Central District of California
Presiding Judge: A Howard Matz
Referring Judge: Carolyn Turchin
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 28, 2010. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 17, 2009 Filing 360 OPPOSITION to MOTION to Certify Class #269 Response to Plaintiffs' Objections to the Declaration of Bobbi Quick In Opposition To Plaintiffs' Motion For Class Certification filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 17, 2009 Filing 359 OPPOSITION to MOTION to Certify Class #269 24 Hour Fitness USA, Inc.'s Objections to the Declaration of Kathleen R. Scanlan In Support Of Plaintiffs' Reply Re: Motion For Class Certification Of Federal Claims filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 17, 2009 Filing 358 OPPOSITION to MOTION to Certify Class #269 Declaration of Kevin Woodall in Response to Plaintiffs' Objections Regarding Gary Prockish's Declaration filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A to Declaration of Kevin Woodall in Response to Plaintiffs' Objections Re Gary Prockish's Declaration, #2 Exhibit B to Declaration of Kevin Woodall in Response to Plaintiffs' Objections Re Gary Prockish's Declaration)(Barnes, Page)
April 17, 2009 Filing 357 OPPOSITION to MOTION to Certify Class #269 Objections to the Supplemental Declaration of Gregory B. Scarlett in Support of Plaintiffs' Reply Re Motion For Class Certification of Federal Claims filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 17, 2009 Filing 356 OPPOSITION to MOTION to Certify Class #269 Response and Opposition to Plaintiffs' Objections to the Declaration of Kevin F. Woodall in Opposition to Plaintiffs' Motion for Class Certification filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 17, 2009 Filing 355 OPPOSITION to MOTION to Certify Class #269 Response and Opposition to Plaintiffs' Objections to the Declaration of Danny De La Rosa in Opposition to Plaintiffs' Motion For Class Certification filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 16, 2009 Filing 351 OPPOSITION to MOTION to Certify Class #269 Objections to the Supplemental Declaration of Jeffrey F. Keller in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 16, 2009 Filing 350 OPPOSITION to MOTION to Certify Class #269 Objections to the Supplemental Declaration of Carey G. Been in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 16, 2009 Filing 349 OPPOSITION to MOTION to Certify Class #269 Response to Plaintiffs' Evidentiary Objections to The Declaration of Phillip Zerrillo filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 16, 2009 Filing 348 OPPOSITION to MOTION to Certify Class #269 Response to Plaintiffs' Evidentiary Objections to the Declaration of Dave Duro filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 16, 2009 Filing 347 OPPOSITION to MOTION to Certify Class #269 Response and Opposition to Plaintiffs' Evidentiary Objections and Request to Strike the Declaration of Gerald Cox filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 16, 2009 Filing 346 OPPOSITION to MOTION to Certify Class #269 Response to Plaintiffs' Objections to the Declaration of Bill J. Symes in Opposition to Plaintiffs' Motion for Class Certification filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
April 14, 2009 Filing 364 SEALED DOCUMENT- Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims Vol II of Exhibits Under Seal Only. (Attachments: Part 2 of Exhibits to Declaration, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9, Part 10, Part 11, Part 12, Part 13, Part 14)(mat)
April 14, 2009 Filing 354 SEALED DOCUMENT-SUPPLEMENTAL DECLARATION of Jeffrey F. Keller in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims. (Attachments: #1 part 2, #2 part 3, #3 part 4, #4 part 5, #5 part 6, #6 part 7, #7 part 8)(mg)
April 14, 2009 Filing 353 SEALED DOCUMENT-SUPPLEMENTAL DECLARATION of Carey G. Been in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims (mg)
April 14, 2009 Filing 352 SEALED DOCUMENT-PLAINTIFF'S REPLY MEMORANDUM OF POINTS AND AUTHORITIES in Support of Plaintiffs' Motion for Class Certification of Federal Claims (mg)
April 14, 2009 Opinion or Order Filing 345 ORDER by Judge A. Howard Matz GRANTING #344 Application to File Under Seal Certain Documennts re Reply in support of Motion for Class Certification of Federal Claims. (jp)
April 13, 2009 Filing 344 APPLICATION for Leave to File Under Seal Documents in support of Plaintiffs Reply re Motion for Class Certification filed by plaintiff Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Lodged Proposed Order. (jp)
April 13, 2009 Filing 343 Plaintiffs' OBJECTIONS to and Request to Strike the Declaration of Gerald Cox in support of Defendant's Opposition re: MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 342 Plaintiffs' OBJECTIONS to the Declaration of David Duro in opposition re: MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 341 Plaintiffs' OBJECTIONS to the Declaration of Bill J. Symes in Support of Defendants' Opposition re: MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 340 Plaintiffs' OBJECTIONS to the Declaration of Danny De La Rosa in opposition re: MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 339 Plaintiffs' Response and OBJECTIONS to the Declaration of Philip C. Zerrillo in opposition re: MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 338 OBJECTION to Declaration of Kevin Woodall in opposition re: MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 337 PLAINTIFFS' OBJECTIONS to the Declaration of Bobbi Quick in opposition re: MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 336 Plaintiffs' Objections to Offer of Proof; The Declaration of Page R. Barnes Re: Offer of Proof in Connection with Defendant's Opposition Plaintiffs' Motion for Class Certification, and to the Proffered Declarations Attached to the Declaration of Page R. Barnes re: MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 335 RESPONSE IN SUPPORT of MOTION to Certify Class #269 to Defendant's Objections to the Declaration of Carey G. Been filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 334 RESPONSE IN SUPPORT of MOTION to Certify Class #269 to Defendant's Objections to the Declaration of Jeffrey F. Keller filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 333 RESPONSE IN SUPPORT of MOTION to Certify Class #269 to Defendant's Objections to the Declaration of Melissa M. Harnett filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 332 RESPONSE IN SUPPORT of MOTION to Certify Class #269 to Defendant's Objections to the Declaration of Gregory B. Scarlett filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
April 13, 2009 Filing 331 DECLARATION of Gregory B. Scarlett in support of Plaintiffs' Reply to MOTION to Certify Class #269 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Exhibits A and B to the Supplemental Declaration of Gregory B. Scarlett In Support of Plaintiffs' Reply Re: Motion for Certification of Federal Claims)(Harnett, Melissa)
April 13, 2009 Filing 330 DECLARATION of Kathleen R. Scanlan in support MOTION to Certify Class #269 in support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Exhibits 1-5 to Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims, #2 Vol. 1 Exhibits 6-10 to Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims, #3 Vol. 1 Exhibits 11-15 to Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims, #4 Vol. 1 Exhibits 16-24 to Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims, #5 Vol. 1 Exhibit 25 to Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims, #6 Vol. 1 Exhibit 26 to Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims, #7 Vol. 1 Exhibits 27-29 to Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims)(Harnett, Melissa)
April 13, 2009 Filing 329 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Declaration of Kathleen R. Scanlan in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims Volume 2 of Exhibits. (Harnett, Melissa)
April 13, 2009 Filing 328 PROOF OF SERVICE filed by PLAINTIFF 24 Hour Fitness USA Inc, MANUALLY FILED DOCUMENTS served on April 13, 2009. (Keller, Jeffrey)
April 13, 2009 Filing 327 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Supplemental Declaration of Jeffrey F. Keller in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims with Exhibits. (Harnett, Melissa)
April 13, 2009 Filing 326 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Supplemental Declaration of Carey G. Been in Support of Plaintiffs' Reply to Motion for Class Certification of Federal Claims with Exhibits. (Harnett, Melissa)
April 13, 2009 Filing 325 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Plaintiffs' Reply Memorandum of Points and Authorities in Support of Plaintiffs' Motion for Class Certification of Federal Claims. (Harnett, Melissa)
April 13, 2009 Filing 324 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Application for Leave to File Underseal Documents In Support of Plaintiffs' Reply Re: Motion for Class Certification; [Proposed] Order Granting Application to File Underseal. (Harnett, Melissa)
April 7, 2009 Filing 322 JOINDER filed by Defendant 24 Hour Fitness USA Inc joining in APPLICATION to Seal REQUEST for Extension of Time to File Reply Brief and Continuing Hearing on Motion for Class Certification; Declaration of Gregory B. Scarlett #319 APPLICATION to Seal REQUEST for Extension of Time to File Reply Brief and Continuing Hearing on Motion for Class Certification; Declaration of Gregory B. Scarlett #319 #321 . (Woodall, Kevin)
April 3, 2009 Opinion or Order Filing 323 ORDER by Judge A. Howard Matz GRANTING APPLICATION to Seal REQUEST for Extension of Time to File Reply Brief and Continuing Hearing on Motion for Class Certification; Declaration of Gregory B. Scarlett #319 , #321 . (mg)
April 3, 2009 Filing 321 APPLICATION to Seal REQUEST for Extension of Time to File Reply Brief and Continuing Hearing on Motion for Class Certification; Declaration of Gregory B. Scarlett #319 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Proposed Order Granting/Denying Application to Seal)(Scarlett, Gregory)
March 30, 2009 Filing 320 MINUTES OF Motion Hearing held before Judge A. Howard Matz re Plaintiffs' Motion to Reopen Discovery to Conduct Limited Depositions #286 : Court issues tentative ruling and hears oral argument. For reasons and findings stated on the record, the Court DENIES plaintiffs motion to reopen discovery #286 . The Court GRANTS plaintiffs Request for Extension of Time to File Reply Brief and Continuing the Hearing on Motion for Class Certification #319 . Plaintiffs will have an additional week to file their reply. The class certificationmotion #269 will be continued from April 13, 2009 to April 20, 2009 at 10:00 a.m. Court Reporter: Cindy Nirenberg. (se )
March 27, 2009 Filing 319 (Sealed pursuant to 4/3/09 Order) REQUEST for Extension of Time to File Reply Brief and Continuing Hearing on Motion for Class Certification; Declaration of Gregory B. Scarlett filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Exhibit Exhibit A to Request to Extend Reply Deadline, #2 Exhibit Exhibit B to Request to Extend Reply Deadline, #3 Exhibit Exhibit C to Request to Extend Reply Deadline, #4 Exhibit Exhibit D to Request to Extend Reply Deadline, #5 Exhibit Exhibit E to Request to Extend Reply Deadline, #6 Exhibit Exhibit F to Request to Extend Reply Deadline, #7 Exhibit Exhibit G to Request to Extend Reply Deadline)(Scarlett, Gregory) Modified on 4/7/2009 (mg).
March 23, 2009 Filing 318 EXHIBITS A-K to Declaration of Bobbi Quick in support of Defendant's Opposition to Plaintiffs' MOTION for Class Certification #269 filed by Defendant 24 Hour Fitness USA Inc. (jp)
March 23, 2009 Filing 317 EXHIBITS A to Declaration of Bill J. Symes in support of Defendant's Opposition to Plaintiffs' MOTION for Class Certification #269 filed by Defendant 24 Hour Fitness USA Inc. (jp)
March 23, 2009 Filing 316 DECLARATION of Page R. Barnes Regarding Offer of Proof in Connection With Defendant's Opposition to Plaintiffs' Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A to Declaration of Page Barnes Regarding Offer of Proof, #2 Exhibit B to Declaration of Page Barnes Regarding Offer of Proof, #3 Exhibit C to Declaration of Page Barnes Regarding Offer of Proof, #4 Exhibit D to Declaration of Page Barnes Regarding Offer of Proof, #5 Exhibit E to Declaration of Page Barnes Regarding Offer of Proof, #6 Exhibit F to Declaration of Page Barnes Regarding Offer of Proof)(Woodall, Kevin)
March 23, 2009 Filing 315 DECLARATION of Kevin Woodall In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A to Declaration of Kevin Woodall, #2 Exhibit B to Declaration of Kevin Woodall, #3 Exhibit C to Declaration of Kevin Woodall, #4 Exhibit D to Declaration of Kevin Woodall, #5 Exhibit E to Declaration of Kevin Woodall, #6 Exhibit F to Declaration of Kevin Woodall, #7 Exhibit G to Declaration of Kevin Woodall, #8 Exhibit H to Declaration of Kevin Woodall, #9 Exhibit I to Declaration of Kevin Woodall, #10 Exhibit J to Declaration of Kevin Woodall, #11 Exhibit K to Declaration of Kevin Woodall, #12 Exhibit L to Declaration of Kevin Woodall, #13 Exhibit M to Declaration of Kevin Woodall, #14 Exhibit N to Declaration of Kevin Woodall, #15 Exhibit O to Declaration of Kevin Woodall, #16 Exhibit P to Declaration of Kevin Woodall, #17 Exhibit Q to Declaration of Kevin Woodall, #18 Exhibit R to Declaration of Kevin Woodall, #19 Exhibit S to Declaration of Kevin Woodall, #20 Exhibit T to Declaration of Kevin Woodall, #21 Exhibit U to Declaration of Kevin Woodall, #22 Exhibit V to Declaration of Kevin Woodall, #23 Exhibit W to Declaration of Kevin Woodall, #24 Exhibit X to Declaration of Kevin Woodall, #25 Exhibit Y to Declaration of Kevin Woodall, #26 Exhibit Z to Declaration of Kevin Woodall, #27 Exhibit AA to Declaration of Kevin Woodall, #28 Exhibit BB to Declaration of Kevin Woodall, #29 Exhibit CC to Declaration of Kevin Woodall, #30 Exhibit DD to Declaration of Kevin Woodall, #31 Exhibit EE to Declaration of Kevin Woodall, #32 Exhibit FF to Declaration of Kevin Woodall, #33 Exhibit GG to Declaration of Kevin Woodall, #34 Exhibit HH to Declaration of Kevin Woodall, #35 Exhibit II to Declaration of Kevin Woodall, #36 Exhibit JJ to Declaration of Kevin Woodall)(Woodall, Kevin)
March 23, 2009 Filing 314 PROOF OF SERVICE re MOTION to Certify Class #269 PROOF OF SERVICE OF MANUALLY FILED DOCUMENTS filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 313 INDEX OF EVIDENCE USED BY DEFENDANT IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 312 REPLY in support MOTION for Order for to Reopen Discovery to Conduct Limited Depositions #286 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration Declaration of Gregory B. Scarlett Re: Reply Brief In Support of Motion to Reopen Discovery, #2 Exhibit A to Declaration of Gregory B. Scarlett Re: Reply Brief In Support of Motion to Reopen Discovery, #3 Exhibit B to Declaration of Gregory B. Scarlett Re: Reply Brief In Support of Motion to Reopen Discovery, #4 Exhibit C to Declaration of Gregory B. Scarlett Re: Reply Brief In Support of Motion to Reopen Discovery, #5 Exhibit D to Declaration of Gregory B. Scarlett Re: Reply Brief In Support of Motion to Reopen Discovery)(Harnett, Melissa)
March 23, 2009 Filing 311 DEFENDANT 24 HOUR FITNESS' OFFER OF PROOF re MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 310 OBJECTIONS To The Declaration of Gregory B. Scarlett in Support of Plaintiffs' Motion for Class Certification of Federal Claims in Opposition to re: MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 309 OBJECTIONS To The Declaration of Melissa M. Harnett in Support of Plaintiffs' Motion for Class Certification of Federal Claims in Opposition to re: MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 308 OBJECTIONS to the Declaration of Jeffrey F. Keller in Support of Plaintiffs' Motion for Class Certification of Federal Claims In Opposition To re: MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 307 OBJECTIONS To the Declaration of Carey G. Been in Support of Plaintiffs' Motion for Class Certification of Federal Claims in Opposition to re: MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 306 DECLARATION of Philip C. Zerrillo, Ph.D. In Support of Opposition to Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A to Declaration of Philip Zerrillo, Ph.D. in Support of Opposition to Motion for Class Certification, #2 Exhibit B to Declaration of Philip Zerrillo, Ph.D. in Support of Opposition to Motion for Class Certification, #3 Exhibit C to Declaration of Philip Zerillo, Ph.D. in Support of Opposition to Motion for Class Certification)(Woodall, Kevin)
March 23, 2009 Filing 305 DECLARATION of William Anderson In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A to Declaration of William Anderson in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification)(Woodall, Kevin)
March 23, 2009 Filing 304 DECLARATION of Danny De La Rosa In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 303 DECLARATION of Gerald Cox In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 302 DECLARATION of David Duro In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 301 LODGING OF DVD re MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Notice of Manual Filing of DVD)(Woodall, Kevin)
March 23, 2009 Filing 300 NOTICE OF LODGING re MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 23, 2009 Filing 299 DECLARATION of Bobbi Quick In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Notice of Manual Filing of Exhibits to Declaration of Bobbi Quick in Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification)(Woodall, Kevin)
March 23, 2009 Filing 298 DECLARATION of Bill J. Symes In Support of Defendant's Opposition to Plaintiffs' Motion for Class Certification MOTION to Certify Class #269 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Notice of Manual Filing)(Woodall, Kevin)
March 23, 2009 Filing 297 MEMORANDUM in Opposition to Plaintiffs' Motion for Class Certification filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
March 16, 2009 Filing 296 OPPOSITION to MOTION for Order for to Reopen Discovery to Conduct Limited Depositions #286 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Declaration, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(Barnes, Page)
March 12, 2009 Filing 295 MEMORANDUM in Support of MOTION to Certify Class #269 [REDACTED] filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
March 10, 2009 Filing 287 NOTICE of Change of Attorney Information for attorney Gregory B Scarlett counsel for Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Adding Gregory B. Scarlett as attorney as counsel of record for Plaintiffs: Daniel Friedman, Craig Jones, Luis Riojas, Molly Kramer, Debra McKenna, Thomas Hernan, Jr. for the reason indicated in the G-06 Notice. Filed by Plaintiffs Daniel Friedman, Craig Jones, Luis Riojas, Molly Kramer, Debra McKenna, Thomas Hernan, Jr. (Scarlett, Gregory)
March 9, 2009 Filing 294 SEALED DOCUMENT- Declaration of Gregory B. Scarlett in Support of Motion for Class Certification of Federal Claims. Exhibits Vol 3 of 3 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7)(mat) Modified on 3/11/2009 (mat).
March 9, 2009 Filing 293 SEALED DOCUMENT- Declaration of Gregory B. Scarlett in Support of Motion for Class Certification of Federal Claims. Exhibits Vol 2 of 3 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat)
March 9, 2009 Filing 292 SEALED DOCUMENT- Declaration of Gregory B. Scarlett in Support of Motion for Class Certification of Federal Claims. Exhibits Vol 1 of 3 (Attachments: Part 2, Part 3, Part 4, Part 5, Part 6, Part 7, Part 8, Part 9)(mat) Modified on 3/11/2009 (mat).
March 9, 2009 Filing 291 SEALED DOCUMENT- Declaration of Gregory B. Scarlett in Support of Motion for Class Certification of Federal Claims. (mat)
March 9, 2009 Filing 290 SEALED DOCUMENT- [Corrected] Plaintiffs' Memorandum of Points and Authorities in Support of Plaintiff's Motion for Class Certification of Federal Claims. (mat)
March 9, 2009 Filing 289 SEALED DOCUMENT- [Corrected] Declaration of Carey G. Been in Support of Plaintiffs' Motion for Class Certification of Federal Claims. (Attachments: Part 2)(mat)
March 9, 2009 Opinion or Order Filing 288 Order by Judge A. Howard Matz, Granting Plaintiff's Application #285 to Re-File Under Seal Certain Documents Re: Motion for Class Certification. (mat)
March 9, 2009 Filing 286 NOTICE OF MOTION AND MOTION for Order for to Reopen Discovery to Conduct Limited Depositions filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 3/30/2009 at 10:00 AM before Judge A. Howard Matz. (Attachments: #1 Memorandum of Points and Authorities In Support Of Plaintiffs' Motion to Reopen Discovery, #2 Declaration of Gregory B. Scarlett ISO Plaintiffs' Motion to Reopen Discovery, #3 Exhibit A to Gregory B. Scarlett's Declaration ISO Plaintiffs' Motion to Reopen Discovery, #4 Exhibit B to Gregory B. Scarlett's Declaration ISO Plaintiffs' Motion to Reopen Discovery, #5 Exhibit C to Gregory B. Scarlett's Declaration ISO Plaintiffs' Motion to Reopen Discovery, #6 Exhibit D to Gregory B. Scarlett's Declaration ISO Plaintiffs' Motion to Reopen Discovery, #7 Exhibit E to Gregory B. Scarlett's Declaration ISO Plaintiffs' Motion to Reopen Discovery, #8 Exhibit F to Gregory B. Scarlett's Declaration ISO Plaintiffs' Motion to Reopen Discovery, #9 Exhibit G to Gregory B. Scarlett's Declaration ISO Plaintiffs' Motion to Reopen Discovery, #10 Proposed Order Granting Plaintiffs' Motion to Reopen Discovery)(Harnett, Melissa)
March 5, 2009 Filing 281 PROOF OF SERVICE filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna, PROOF OF SERVICE (NO.3) RE: PLAINTIFFS' MOTION FOR CLASS CERTIFICATION served on March 4, 2009. (Harnett, Melissa)
March 5, 2009 Filing 280 PROOF OF SERVICE filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna, PROOF OF SERVICE (NO.2) RE: PLAINTIFFS' MOTION FOR CLASS CERTIFICATION served on March 3, 2009. (Harnett, Melissa)
March 5, 2009 Filing 279 PROOF OF SERVICE filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna, PROOF OF SERVICE (NO.1) RE: PLAINTIFFS' MOTION FOR CLASS CERTIFICATION served on March 2, 2009. (Harnett, Melissa)
March 4, 2009 Filing 285 APPLICATION for Leave to Re-File Under Seal the Following Documents in support of Plaintiffs' Motion for Class Certification; (1) Declaration of Gregory Scarlett with Accompanying Exhibits Reorganized and Divided Into Three (3) Volumes; 920 Memorandum of Points and Authorities Corrected to Include Table of Authorities; and Declaration of Carey Been with Corrected Exhibit "A" filed by plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Lodged Proposed Order. (jp)
March 4, 2009 Filing 284 SEALED DOCUMENT - PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES in Support of Plaintiffs' MOTION For Class Certification of Federal Claim(lra)
March 4, 2009 Filing 283 SEALED DOCUMENT - DECLARATION of JEFFREY F. KELLER IN SUPPORT OF MOTION to Certify Class (Attachments: #1 PART 2, #2 PART 3)(lra)
March 4, 2009 Filing 282 SEALED DOCUMENT - DECLARATION of CAREY G. BEEN IN SUPPORT OF MOTION to Certify Class #269 (Attachments: #1 PART 2)(lra)
March 4, 2009 Opinion or Order Filing 278 ORDER by Judge A. Howard Matz GRANTING APPLICATION to File Under Seal Documents re Motion for Class Certication #271 . The Sealed Documents, Lodged on 3/2/2009 shall be filed under seal by the Clerk; except the declaration of Scarett which was returned to counsel on 3/4/2009. The public version of the Sealed Documents shall be received and filed in the public record. (jp)
March 4, 2009 Filing 277 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of DECLARATION OF GREGORY B. SCARLETT IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION OF FEDERAL CLAIMS WITH RE-ORGANIZED EXHIBITS. (Harnett, Melissa)
March 4, 2009 Filing 276 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of (Corrected) DECLARATION OF CAREY G. BEEN IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION OF FEDERAL CLAIMS. (Harnett, Melissa)
March 4, 2009 Filing 275 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of (Corrected) PLAINTIFFS' MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS' MOTION FOR CLASS CERTIFICATION OF FEDERAL CLAIMS. (Harnett, Melissa)
March 4, 2009 Filing 274 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of APPLICATION FOR LEAVE TO RE-FILE UNDER SEAL CERTAIN DOCUMENTS RE: MOTION FOR CERTIFICATION; [PROPOSED] ORDER. (Harnett, Melissa)
March 3, 2009 Filing 273 MINUTES IN CHAMBERS before Judge A. Howard Matz: The Court DENIES 24 Hour's MOTION for Certification of Interlocutory Appeal #244 and MOTION to Stay Discovery Pending Resolution of interlocutory appeal #241 . (jp)
March 3, 2009 Opinion or Order Filing 272 ORDER by Judge A. Howard Matz, re Stipulation for Discovery #260 good cause therefore that, Expert discovery as to all issues except expert discovery related to Expert testimony in connection with the motion for class certification shall not be subject to the cut-off date of 3/23/2009. The parties shall have until April 1, 2009 to file any motions to compel with respect to discovery that is subject to the 3/23/2009 discovery cut off date. (jp)
March 3, 2009 Filing 270 MINUTES OF IN CHAMBERS ORDER DENYING DEFENDANT'S EX PARTE APPLICATION AND ORDERING COMPLIANCE WITH 11/4/08, ORDER held before Magistrate Judge Carolyn Turchin: re: EX PARTE APPLICATION for Protective Order for To Limit Number of Depositions Taken By Plaintiffs And Memorandum of Points And Authorities #265 , Declaration (Motion related), Declaration (Motion related), Declaration (Motion related) #266 . (dam)
March 3, 2009 Filing 269 NOTICE OF MOTION AND MOTION to Certify Class filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 4/13/2009 at 10:00 AM before Judge A. Howard Matz. (Harnett, Melissa)
March 3, 2009 Filing 268 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: incorrect event - correct event is Motions; hearing information missing on docket RE: Notice (Other) #263 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (se)
March 2, 2009 Filing 271 APPLICATION for Leave to File Under Seal Plaintiffs' Memorandum of Points and Authorities in support of Motion for Class Certification and Declarations Filed in Support thereof filed by plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Lodged Proposed Order. (jp)
March 2, 2009 Filing 267 OF SERVICE filed by Defendant 24 Hour Fitness USA Inc, re EX PARTE APPLICATION for Protective Order for To Limit Number of Depositions Taken By Plaintiffs And Memorandum of Points And Authorities #265 served on March 2, 2009. (Woodall, Kevin)
March 2, 2009 Filing 266 DECLARATION of Kevin F. Woodall In Support Of Defendant 24 Hour Fitness' Ex Parte Application for a Protective Order EX PARTE APPLICATION for Protective Order for To Limit Number of Depositions Taken By Plaintiffs And Memorandum of Points And Authorities #265 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L)(Woodall, Kevin)
March 2, 2009 Filing 265 EX PARTE APPLICATION for Protective Order for To Limit Number of Depositions Taken By Plaintiffs And Memorandum of Points And Authorities filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Proposed Order)(Woodall, Kevin)
March 2, 2009 Filing 264 MEMORANDUM in Support of Plaintiffs' Motion for Class Certification of Federal Claims filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Melissa M. Harnett ISO Motion for Class Certification, #2 Exhibit 1-2 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #3 Exhibit 3-7 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #4 Exhibit 7-13 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #5 Exhibit 13 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #6 Exhibit 13-14 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #7 Exhibit 14 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #8 Exhibit 14 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #9 Exhibit 14-16 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #10 Exhibit 16 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #11 Exhibit 16-18 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #12 Exhibit 18 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #13 Exhibit 18 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #14 Exhibit 18-20 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #15 Exhibit 20 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #16 Exhibit 20-21 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #17 Exhibit 21 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #18 Exhibit 21-22 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #19 Exhibit 22 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #20 Exhibit 22 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #21 Exhibit 22-30 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #22 Exhibit 31-34 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #23 Exhibit 35-36 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #24 Exhibit 36 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #25 Exhibit 36-38 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #26 Exhibit 38-39 to Melissa M. Harnett Declaration ISO Motion for Class Certification, #27 Plaintiffs' Request for Judicial Notice ISO Plaintiffs' Motion for Class Certification, #28 Exhibit A to Plaintiffs' Request for Judicial Notice ISO Plaintiffs' Motion for Class Certification, #29 Proposed Order Granting Plaintiffs' Motion for Class Certification)(Harnett, Melissa)
March 2, 2009 Filing 263 NOTICE of Motion & Motion for Class Certification of Federal Claims filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
March 2, 2009 Filing 262 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Plaintiffs' Memorandum of Points and Authorities for Class Certification and the Declarations of Gregory B. Scarlett, Jeffrey Keller, Carey Been with Exhibits ISO Motion for Class Certification (Under Seal). (Harnett, Melissa)
March 2, 2009 Filing 261 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Application to File Documents Under Seal; [Proposed] Order Granting Plaintiffs' Application to File Under Seal Documents re: Motion for Class Certification. (Harnett, Melissa)
February 27, 2009 Filing 260 STIPULATION for Discovery as to March 23, 2009 Expert Discovery Cut-off Date & Filing of Motions to Compel with Respect to Issues Subject to March 23, 2009 Discovery Cutoff filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Proposed Order)(Barnes, Page)
February 19, 2009 Filing 259 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz DENYING REQUEST to Exceed Page Limitation Motion for Class Certification motion and reply #257 , and providing specific information regarding documents. (se)
February 18, 2009 Filing 258 DECLARATION of Jeffrey F. Keller In Support Of REQUEST to Exceed Page Limitation Motion for Class Certification #257 filed by Plaintiff Daniel Friedman. (Keller, Jeffrey)
February 18, 2009 Filing 257 REQUEST to Exceed Page Limitation Motion for Class Certification filed by Plaintiff Daniel Friedman. (Attachments: #1 Proposed Order)(Keller, Jeffrey)
January 21, 2009 Filing 256 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz: Court takes off calendar and under submission MOTION to Certify Interlocutory Appeal #244 , and MOTION to Stay pending stay pending resolution of interlocutory appeal NOTICE OF MOTION AND MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL #241 . (se)
January 16, 2009 Filing 255 DECLARATION of Page R. Barnes In Support of MOTION to Certify Interlocutory Appeal #244 DECLARATION OF PAGE R. BARNES IN SUPPORT OF REPLY MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A)(Barnes, Page)
January 16, 2009 Filing 254 RESPONSE IN SUPPORT of MOTION to Certify Interlocutory Appeal #244 DEFENDANTS REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
January 16, 2009 Filing 253 REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL re MOTION to Stay pending stay pending resolution of interlocutory appeal NOTICE OF MOTION AND MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL #241 filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
January 12, 2009 Opinion or Order Filing 252 ORDER by Judge A. Howard Matz GRANTING in part and DENYING in part MOTION for Review of the Magistrate Judge November 4, 2008 Discovery Order #217 (see document for further details). The Court initially ordered that Defendant must file a motion for clarification/protective order with respect to the supplemental privilege log with the Magistrate by not later than 1/5/2009. However, pursuant to subsequent stipulation of the parties, the Court extended the deadline for Defendant to file the motion to 1/15/2009. (jp)
January 12, 2009 Filing 251 OPPOSITION re: MOTION to Certify Interlocutory Appeal #244 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Melissa M. Harnett in Opposition to Defendant's Motion for Certification of Interlocutory Appeal, #2 Exhibit A to Melissa M. Harnett's Declaration, #3 Exhibit B to Melissa M. Harnett's Declaration, #4 Exhibit C to Melissa M. Harnett's Declaration)(Harnett, Melissa)
January 12, 2009 Filing 250 Opposition re: MOTION to Stay pending stay pending resolution of interlocutory appeal NOTICE OF MOTION AND MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL #241 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Melissa M. Harnett in Opposition to Defendant's Motion to Stay Discovery Pending Resolution of Interlocutory Appeal, #2 Exhibit A to Melissa M Harnett's Declaration)(Harnett, Melissa)
January 9, 2009 Filing 249 NOTICE OF LODGING filed (CORRECTED VERSION) re Motion Hearing,,, Link Motions to Minutes,, #238 (Attachments: #1 Proposed Order Granting in Part and Denying in Part Plaintiffs' Motion for Review of the Magistrate's November 4, 2008 Discovery Order)(Harnett, Melissa)
January 9, 2009 Filing 248 NOTICE OF LODGING filed re MOTION for Review of Magistrate's November 4, 2008 Discovery Order #217 (Attachments: #1 Proposed Order Granting In Part & Denying In Part Plaintiffs' Motion for Review of of the Magistrate's November 4, 2008 Discovery Order)(Harnett, Melissa)
January 5, 2009 Filing 247 MINUTES OF IN CHAMBERS ORDER REGARDING DEFENDANT 24 HOUR FITNESS, INC.'S POSSIBLE APPLICATION FOR PROTECTIVE ORDER held before Magistrate Judge Carolyn Turchin: re: Order, #240 . (dam)
December 31, 2008 Filing 246 DECLARATION of Page R. Barnes In Support Of MOTION to Certify Interlocutory Appeal #244 DECLARATION OF PAGE R. BARNES IN SUPPORT OF MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A)(Barnes, Page)
December 31, 2008 Filing 245 MEMORANDUM in Support of MOTION to Certify Interlocutory Appeal #244 DEFENDANT'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR CERTIFICATION OF INTERLOCUTORY APPEAL filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
December 31, 2008 Filing 244 NOTICE OF MOTION AND MOTION to Certify Interlocutory Appeal filed by Defendant 24 Hour Fitness USA Inc. Motion set for hearing on 1/26/2009 at 10:00 AM before Judge A. Howard Matz. (Attachments: #1 Proposed Order Granting Defendant's Motion for Certification of Interlocutory Appeal)(Barnes, Page)
December 31, 2008 Filing 243 DECLARATION of Page R. Barnes in support of MOTION to Stay pending stay pending resolution of interlocutory appeal NOTICE OF MOTION AND MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL #241 DECLARATION OF PAGE R. BARNES IN SUPPORT OF DEFENDANT'S MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
December 31, 2008 Filing 242 MEMORANDUM in Support of MOTION to Stay pending stay pending resolution of interlocutory appeal NOTICE OF MOTION AND MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL #241 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT'S MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
December 31, 2008 Filing 241 NOTICE OF MOTION AND MOTION to Stay pending stay pending resolution of interlocutory appeal NOTICE OF MOTION AND MOTION TO STAY DISCOVERY PENDING RESOLUTION OF INTERLOCUTORY APPEAL filed by Defendant 24 Hour Fitness USA Inc. Motion set for hearing on 1/26/2009 at 10:00 AM before Judge A. Howard Matz. (Attachments: #1 Proposed Order Granting Defendant's Motion to Stay Discovery Pending Resolution of Interlocutory Appeal)(Barnes, Page)
December 23, 2008 Opinion or Order Filing 240 ORDER by Judge A. Howard Matz, the Court approves the Stipulation re Deadline for Defendant to Request Protective Order from Magistrate Turchin submitted jointly by the Parties #239 , and Orders as follows: That the deadline by which Defendant may apply to Magistrate Turchin for a protective order to address Defendant's burden arguments concerning the privilege log is extended to 1/15/2009. (jp)
December 23, 2008 Filing 239 STIPULATION for Extension of Time to File /Request Protective Order filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Proposed Order Approving Stipulation Re: Deadline for Defendant to Request Protective Order from Magistrate Turchin)(Harnett, Melissa)
December 22, 2008 Filing 238 MINUTES OF Motion Hearing held before Judge A. Howard Matz: PLAINTIFFS MOTION for Review of Magistrate's November 4, 2008 Discovery Order #217 . Cause called; appearances made. Court issues tentative order and hears oral argument. For reasons and findings stated on the record, the Court grants in part and denies in part plaintiffs' motion. Plaintiffs are ordered to submit a proposed order. Any request for a protective order should be presented to the Honorable Carolyn Turchin, Magistrate Judge by not later than 1/5/2009. Court Reporter: Cindy Nirenberg. (jp)
December 18, 2008 Filing 237 Objections to the Declaration of Melissa Harnett in Support of Plaintiffs' Reply in Support of Motion for Review of Magistrate's November 4, 2008 Discovery Order Opposition re: MOTION for Review of Magistrate's November 4, 2008 Discovery Order #217 filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
December 15, 2008 Filing 236 REPLY support MOTION for Review of Magistrate's November 4, 2008 Discovery Order #217 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Melissa M. Harnett ISO Plaintiffs' Reply to Defendant's Opposition to Motion for Review of November 4, 2008 Discovery Order, #2 Exhibit A to Melissa M. Harnett's Declaration, #3 Exhibit B to Melissa M. Harnett's Declaration, #4 Exhibit C to Melissa M. Harnett's Declaration)(Harnett, Melissa)
December 3, 2008 Filing 235 NOTICE OF FILING TRANSCRIPT filed for proceedings 9/22/08 10:48 am (Nirenberg, Cindy)
December 3, 2008 Filing 234 NOTICE OF FILING TRANSCRIPT filed for proceedings 7/21/08 1:08 pm (Nirenberg, Cindy)
December 2, 2008 Opinion or Order Filing 233 ORDER by Judge A. Howard Matz GRANTING Stipulation to Continue #227 : Motion for Review of Magistrate's 11/4/08 Discovery Order continued for hearing to 12/22/2008 at 10:00 AM before Judge A. Howard Matz. (se)
December 1, 2008 Filing 232 OPPOSITION to MOTION for Review of Magistrate's November 4, 2008 Discovery Order #217 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Proposed Order)(Barnes, Page)
November 25, 2008 Filing 230 TRANSCRIPT for proceedings held on 9/22/08 10:48 am. Court Reporter Cindy Nirenberg, cindycsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2008. Redacted Transcript Deadline set for 12/26/2008. Release of Transcript Restriction set for 2/23/2009. (Nirenberg, Cindy)
November 25, 2008 Filing 229 TRANSCRIPT for proceedings held on 7/21/08 11:08 AM. Court Reporter Cindy Nirenberg, cindycsr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 12/16/2008. Redacted Transcript Deadline set for 12/26/2008. Release of Transcript Restriction set for 2/23/2009. (Nirenberg, Cindy)
November 25, 2008 Filing 228 RESPONSE filed by Defendant 24 Hour Fitness USA Incto Miscellaneous Document, #223 Defendant 24 Hour Fitness USA, Inc.'s Response to Plaintiffs' Objections to the Request for Clarification Re the Court's November 3, 2008 Minute Order (Docket #213) (Woodall, Kevin)
November 25, 2008 Filing 227 STIPULATION to Continue Hearing on Motion for Review from December 15, 2008 to December 22, 2008 Re: MOTION for Review of Magistrate's November 4, 2008 Discovery Order #217 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Proposed Order to Continue Hearing on Motion for Review from December 15, 2008 to December 22, 2008)(Barnes, Page)
November 24, 2008 Filing 226 OBJECTIONS to Miscellaneous Document, #223 Plaintiffs' Objections to Defendant's Request for Clarification Re: November 3, 2008 Minute Order filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
November 21, 2008 Filing 225 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: no proposed order submitted as separate attachment RE: Miscellaneous Document, #223 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (se)
November 21, 2008 Filing 224 DECLARATION of Kevin Woodall re Miscellaneous Document, #223 Declaration of Kevin Woodall in Support of Defendant 24 Hour Fitness USA, Inc.'s Request for Clarification Re the Court's November 3, 2008 Minute Order (Docket #213) filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A)(Woodall, Kevin)
November 21, 2008 Filing 223 Request for Clarification/Defendant 24 Hour Fitness USA, Inc.'s Request for Clarification Re the Court's November 3, 2008 Minute Order (Docket #213) filed by Defendant 24 Hour Fitness USA Inc re: Status Conference,,, Set Deadlines,,, Terminate Deadlines and Hearings,, #213 (Woodall, Kevin)
November 20, 2008 Filing 222 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: incorrect event selected. Correct event is Other Motion-Related Documents RE: MOTION for Review #218 , #219 , #220 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (se) Modified on 11/20/2008 (se). (se).
November 19, 2008 Filing 221 NOTICE OF LODGING filed Joint Stipulations re Disputed Discovery re MOTION for Review of Magistrate's November 4, 2008 Discovery Order #217 (Harnett, Melissa)
November 19, 2008 Filing 220 PROPOSED ORDER Granting Motion for Review of Magistrate's November 4, 2008 Discovery Order filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa) Modified on 11/20/2008 (se).
November 19, 2008 Filing 219 Declaration of Melissa Harnett filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Exhibit Exhibit A to Declaration of Melissa Harnett, #2 Exhibit Exhibit B to Declaration of Melissa Harnett, #3 Exhibit Exhibit C to Declaration of Melissa Harnett, #4 Exhibit Exhibit D to Declaration of Melissa Harnett)(Harnett, Melissa) Modified on 11/20/2008 (se).
November 19, 2008 Filing 218 Memorandum of Points and Authorities in Support of Motion for Review of Magistrate's November 4, 2008 Discovery Order re #217 MOTION for Review of Magistrate's November 4, 2008 Discovery Order filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa) Modified on 11/20/2008 (se).
November 19, 2008 Filing 217 NOTICE OF MOTION AND MOTION for Review of Magistrate's November 4, 2008 Discovery Order filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 12/15/2008 at 10:00 AM before Judge A. Howard Matz. (Harnett, Melissa)
November 15, 2008 Filing 216 MINUTES OF IN CHAMBERS AMENDED ORDER RE ELECTRONIC FILING before Judge A. Howard Matz: Effective January 1, 2008, electronic filing has been mandatory for most new and pending civil cases in the United States District Court for the Central District of California. Self-represented litigants and attorneys who take appropriate steps to opt out of the system need not comply with the following requirements. All documents which are required to be filed in an electronic format pursuant to General Order No. 08-03 must be filed electronically no later than midnight on the date due, unless otherwise ordered by the Court. Documents filed late may be stricken by the Court. The Court will not accept documents which were filed electronically, but which otherwise fail to comply with filing requirements. (See document for further details). (jp)
November 14, 2008 Opinion or Order Filing 215 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTIONS: 1) TO COMPEL RULE 30(B)(6) DEPOSITIONS; AND 2) TO COMPEL FURTHER RESPONSES TO INTERROGATORIES; AND TAKING NOVEMBER 24, 2008 HEARING OFF CALENDAR by Magistrate Judge Carolyn Turchin, re Motion Related Document, #210 , Supplement(Motion related), Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) #212 , Supplement(Motion related), Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) #211 , MOTION to Compel Answers to Interrogatories #201 , MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) #200 , Motion Related Document, #209 (dam)
November 10, 2008 Filing 212 SUPPLEMENT to MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) #200 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Supplemental Declaration of Gregory B. Scarlett ISO Supplemental Brief Re: Plaintiffs' Motion to Compel FRCP 30(b)(6) Deposition, #2 Exhibit A to Supplemental Declaration of Gregory B. Scarlett)(Harnett, Melissa)
November 10, 2008 Filing 211 SUPPLEMENT to MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) #200 Supplemental Brief Re Plaintiffs' Motion to Compel Deposition of Defendant's Corporate Designee Pursuant to FRCP 30(b)(6) filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Declaration K. Woodall ISO Def Supp Brief)(Heck, Christopher)
November 10, 2008 Filing 210 Supplemental Declaration of Kathleen Scanlan in support of Joint Stipulation RE: Plaintiffs' Motion to Compel Further Responses to Interrogatories McKenna 2, Hernan 22-24 and Friedman 4,5,22,23 and 25 re MOTION to Compel Answers to Interrogatories #201 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Diaz, Denise)
November 10, 2008 Filing 209 Plaintiffs' Supplemental Memorandum RE: Plaintiffs' Motion to Compel Further Responses to Interrogatories McKenna 2, Hernan 22-24 and Friedman 4,5,22,23 and 25 re MOTION to Compel Answers to Interrogatories #201 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Diaz, Denise)
November 7, 2008 Filing 214 PUTATIVE CLASS ACTION - FIFTH AMENDED COMPLAINT against Defendant 24 Hour Fitness USA Inc amending Fifth Amended Complaint #152 filed by plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. NUNC PRO TUNC AS OF 11/3/2008. (jp) (Additional attachment(s) added on 11/12/2008: #1 Exhibits A - H) (jp).
November 7, 2008 Opinion or Order Filing 208 ORDER by Magistrate Judge Carolyn Turchin, DENYING MOTION for Reconsideration November 4, 2008 Order #204 (sbu)
November 7, 2008 Filing 207 MEMORANDUM in Opposition to Plaintiffs' Motion for Reconsideration of Magistrate's November 4, 2008 Order Denying Without Prejudice Plaintiffs' Motion to Limit the Scope of 24 Hour Fitness' Confidentiality Agreements with Former Employees filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
November 7, 2008 Filing 206 NOTICE OF FILING TRANSCRIPT filed for proceedings 11/3/08 1:39p.m. (bem, )
November 7, 2008 Filing 205 TRANSCRIPT for proceedings held on 11/3/08 1:39 p.m.. Court Reporter/Electronic Court Recorder: Karen E. Kay, phone number 310-500-6838. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 11/28/2008. Redacted Transcript Deadline set for 12/8/2008. Release of Transcript Restriction set for 2/5/2009. (Kay, Karen)
November 5, 2008 Filing 204 NOTICE OF MOTION AND MOTION for Reconsideration re Order,,,,,,,,,, Terminate Hearings,,,,,,,,, #202 Plaintiffs' Motion for Reconsideration of Magistrate's November 4, 2008 Order Denying Without Prejudice Plaintiffs' Motion to Limit the Scope of Defendant's Confidentiality Agreements with Former Employees filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 11/10/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Exhibit 1 to Plaintiffs' Motion for Reconsideration of Magistrate's November 4, 2008 Order Denying Without Prejudice Plaintiffs' Motion to Limit the Scope of Defendant's Confidentiality Agreements with Former Employees)(Harnett, Melissa)
November 5, 2008 Filing 203 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Fifth Amended Complaint with Exhibits A-H. (Harnett, Melissa)
November 4, 2008 Opinion or Order Filing 202 ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' MOTIONS: 1)TO COMPEL THE DEPOSITION AND DOCUMENT PRODUCTION BY EXPERT PHILLIP ZERRILLO: 2) TO COMPEL FURTHER PRODUCTION OF DOCUMENTS IN RESPONSE TO PLAINTIFFS' DOCUMENT DEMANDS SETS ONE, TWO AND THREE ; 3) TO LIMIT THE SCOPE OF DEFENDANT'S CONFIDENTIALITY AGRTEEMENTS WITH FORMER EMPLOYEES; 4) FOR LEAVE TO TAKE MORE THAN 10 DEPOSITIONS; AND 5) TAKING 11/10/08 HEARING OFF CALENDAR by Magistrate Judge Carolyn Turchin, re Supplement(Motion related), Supplement(Motion related) #192 , Supplement(Motion related) #189 , Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) #188 , Stipulation for Hearing, #184 , Stipulation for Hearing, #182 , MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS #179 , MOTION to Compel the Deposition and Documet Production of Defendant's Expert Phillip C. Zerrillo ; Request for Sanctions #172 , MOTION to Compel to Compel Defendant to Provide Further Responses to Demand for Production, Sets One and Two; Produce Documents; and Request for Sanctions #174 , Supplement(Motion related) #187 , Supplement(Motion related) #191 , Supplement(Motion related) #186 , Supplement(Motion related), Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) #194 , Declaration (Motion related) #190 , MOTION to Compel Further Responses to Demand for Production, Set 3; Produce Documents; and Request for Sanctions #176 , Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) #195 , MOTION for Order Limiting Scope of Defendant's Confidentiality Agreements with Former Employees #180 , Supplement(Motion related), Supplement(Motion related), Supplement(Motion related), Supplement(Motion related) #193 , Stipulation to Continue, #183 (dam)
November 3, 2008 Filing 231 AMENDED MINUTES OF Status Conference re Clarification of Discovery Cut-Off's held before Judge A. Howard Matz: The Court orders that the Fifth Amended Complaint #214 be filed openly and without redactions. Court sua sponte STRIKES Defendants affirmative defense of lack of prelitigation notice as to the EFTA claim, but will not strike Defendants statute oflimitations defense. The Court sets a new discovery (expert/non-expert) cut-off date of 3/23/2009. Court intends to rule on the class certification motion prior to turning t o any summary judgment motion. 3/2/2009 is the last day to file a class certification. The briefing schedule should allow three weeks to file an opposition and two weeks to file any reply. Plaintiff is to give written notice of when they intend to fi le their motion and to disclose to defendants their prospective expert information. Court also sets 5/4/2009 as the last day to file any summary judgment or summary adjudication motion #213 . (jp)
November 3, 2008 Filing 213 MINUTES OF Status Conference re Clarification of Discovery Cut-Offs held before Judge A. Howard Matz: Court sets a new discovery (expert/non-expert) cut-off date of 3/23/2009. Court intends to rule on the class certification motion prior to turning to any summary judgment motion. 3/2/2009 is the last day to file a class certification. The briefing schedule should allow three weeks to file an opposition and two weeks to file any reply. Plaintiff is to give written notice of when they intend to file their motion and to disclose to defendants their prospective expert information. Court also sets 5/4/2009 as the last day to file any summary judgment orsummary adjudication motion. Court Reporter: Karen Kay. (jp)
November 3, 2008 Filing 201 NOTICE OF MOTION AND MOTION to Compel Answers to Interrogatories filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 11/24/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Joint Stipulation Re: Plaintiffs' Motion to Compel Further Responses to Interrogatories McKenna 2, Hernan 22-24 and Friedman 4,5,22,23 and 25, #2 Declaration of Kathleen Scanlan ISO Joint Stipulation Re: Plaintiffs' Motion to Compel Further Responses to Interrogatories, #3 Exhibit A to Kathleen Scanlan's Declaration, #4 Exhibit B to Kathleen Scanlan's Declaration, #5 Exhibit C to Kathleen Scanlan's Declaration, #6 Exhibit D to Kathleen Scanlan's Declaration, #7 Exhibit E to Kathleen Scanlan's Declaration, #8 Exhibit F to Kathleen Scanlan's Declaration, #9 Exhibit G to Kathleen Scanlan's Declaration, #10 Exhibit H to Kathleen Scanlan's Declaration, #11 Exhibit I to Kathleen Scanlan's Declaration, #12 Exhibit J to Kathleen Scanlan's Declaration, #13 Exhibit K to Kathleen Scanlan's Declaration, #14 Exhibit L to Kathleen Scanlan's Declaration, #15 Exhibit M to Kathleen Scanlan's Declaration, #16 Exhibit N to Kathleen Scanlan's Declaration, #17 Exhibit O to Kathleen Scanlan's Declaration, #18 Exhibit P to Kathleen Scanlan's Declaration, #19 Exhibit Q to Kathleen Scanlan's Declaration, #20 Exhibit R to Kathleen Scanlan's Declaration, #21 Declaration of Kevin Woodall Opposing Plaintiffs' Motion to Compel Further Responses to Interrogatories - McKenna 2, Hernan 22-24 and Friedman 4,5,22,23 and 25, #22 Exhibit A to Kevin Woodall's Declaration, #23 Declaration of Bobbi Quick Opposing Plaintiffs' Motion to Compel Further Responses to Interrogatories - McKenna 2, Hernan 22-24 and Friedman 4,5,22,23 and 25)(Harnett, Melissa)
November 3, 2008 Filing 200 NOTICE OF MOTION AND MOTION to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30(b)(6) filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 11/24/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Joint Stipulation Re: Plaintiffs' Motion to Compel Deposition of Defendant's Corporate Designee(s) Pursuant to FRCP 30 (b)(6), #2 Declaration of Melissa M. Harnett ISO Plaintiffs' Motion to Compel Rule 30(b)(6) Depositions, #3 Exhibit A to Melissa M. Harnett's Declaration, #4 Exhibit B to Melissa M. Harnett's Declaration, #5 Exhibit C to Melissa M. Harnett's Declaration, #6 Exhibit D to Melissa M. Harnett's Declaration, #7 Exhibit E to Melissa M. Harnett's Declaration, #8 Exhibit F to Melissa M. Harnett's Declaration, #9 Exhibit G to Melissa M. Harnett's Declaration, #10 Exhibit H to Melissa M. Harnett's Declaration, #11 Exhibit I to Melissa M. Harnett's Declaration, #12 Exhibit J to Melissa M. Harnett's Declaration, #13 Declaration of Kevin F. Woodall ISO 24 Hour Fitness USA, Inc.'s Opposition to Plaintiffs' Motion to Compel Deposition of Defenndant's Corporate Designee(s), #14 Exhibit A to Kevin F. Woodall's Declaration, #15 Exhibit B to Kevin F. Woodall's Declaration)(Harnett, Melissa)
October 28, 2008 Filing 199 Plaintiffs' Status Conference Proposal filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna (Attachments: #1 Declaration of Melissa M. Harnett ISO Plaintiffs' Status Conference Proposal, #2 Exhibit A to Melissa Harnett's Declaration, #3 Exhibit B to Melissa Harnett's Declaration, #4 Exhibit C to Melissa Harnett's Declaration, #5 Exhibit D to Melissa Harnett's Declaration, #6 Exhibit E to Melissa Harnett's Declaration, #7 Exhibit F to Melissa Harnett's Declaration)(Harnett, Melissa)
October 28, 2008 Filing 198 Written Proposal Concerning Case Management filed by Defendant 24 Hour Fitness USA Inc (Heck, Christopher)
October 28, 2008 Opinion or Order Filing 197 ORDER by Judge A. Howard Matz approving stipulation re depositions: The depositions of Vincent Cheung, David Duro, Katie Healon, Wes Napier, and Maxine Valenzuela, and any motions to compel further testimony related to those depositions, will not be subject to the November 24, 2008 cut off date for non- RICO discovery. The Parties will agree to reschedule the depositions of Vincent Cheung, David Duro, Katie Healon, Wes Napier, and Maxine Valenzuela on a mutually agreeable date after the November 10, 2008 hearing on the motions to compel which will allow the depositions to be timely conducted prior to the presently set February 16, 2009 cut off for RICO discovery. (se)
October 28, 2008 Opinion or Order Filing 196 ORDER RE: DEADLINE TO HEAR MOTION TO COMPEL RE PLAINTIFFS DEMAND FOR PRODUCTION (SET FOUR) by Judge A. Howard Matz: Any Motion To Compel with respect to Plaintiffs Demand for Production of Documents (Set 4) may be brought after November 24, 2008. (se)
October 27, 2008 Filing 195 SUPPLEMENT to MOTION to Compel Further Responses to Demand for Production, Set 3; Produce Documents; and Request for Sanctions #176 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Gregory B. Scarlett ISO Supplemental Brief Re: Plaintiffs' Motion to Compel Further Responses to Document Demand, Set No. 3, #2 Declaration A to Gregory B. Scarlett's Declaration, #3 Exhibit B to Gregory B. Scarlett's Declaration)(Harnett, Melissa)
October 27, 2008 Filing 194 SUPPLEMENT to MOTION to Compel to Compel Defendant to Provide Further Responses to Demand for Production, Sets One and Two; Produce Documents; and Request for Sanctions #174 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Gregory B. Scarlett ISO Supplemental Brief Re: Plaintiffs' Motion to Compel Further Responses to Document Demands, Set One and Two, #2 Exhibit A to Gregory B. Scarlett's Declaration, #3 Exhibit B to Gregory B. Scarlett's Declaration, #4 Exhibit C to Gregory B. Scarlett's Declaration, #5 Exhibit D to Gregory B. Scarlett's Declaration, #6 Exhibit E to Gregory B. Scarlett's Declaration, #7 Exhibit F to Gregory B. Scarlett's Declaration)(Harnett, Melissa)
October 27, 2008 Filing 193 SUPPLEMENT to MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS #179 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Gregory B. Scarlett ISO Supplemental Brief Re: Plaintiffs' Motion for Leave to Take More Than Ten (10) Depositions, #2 Exhibit A to Gregory B. Scarlett's Declaration)(Harnett, Melissa)
October 27, 2008 Filing 192 SUPPLEMENT to MOTION to Compel the Deposition and Documet Production of Defendant's Expert Phillip C. Zerrillo ; Request for Sanctions #172 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Gregory B. Scarlett ISO Supplemental Brief Re: Plaintiffs' Motion to Compel the Deposition and Document Production of Defendant's Expert Phillip C. Zerrillo)(Harnett, Melissa)
October 27, 2008 Filing 191 SUPPLEMENT BRIEF RE: PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO DOCUMENT DEMANDS (SET THREE) STILL IN DISPUTE filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
October 27, 2008 Filing 190 DECLARATION of Jeffrey F. Keller In Support of MOTION for Order Limiting Scope of Defendant's Confidentiality Agreements with Former Employees #180 filed by Plaintiff Daniel Friedman. (Diaz, Denise)
October 27, 2008 Filing 189 SUPPLEMENT to MOTION for Order Limiting Scope of Defendant's Confidentiality Agreements with Former Employees #180 filed by Plaintiff Daniel Friedman. (Diaz, Denise)
October 27, 2008 Filing 188 SUPPLEMENT to MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS #179 filed by Defendant 24 Hour Fitness USA Inc. (Heck, Christopher)
October 27, 2008 Filing 187 SUPPLEMENT to MOTION to Compel the Deposition and Documet Production of Defendant's Expert Phillip C. Zerrillo ; Request for Sanctions #172 filed by Defendant 24 Hour Fitness USA Inc. (Heck, Christopher)
October 27, 2008 Filing 186 SUPPLEMENT SUPPLEMENTAL BRIEF RE: PLAINTIFFS' MOTION TO COMPEL FURTHER RESPONSES TO DEMAND FOR PRODUCTION SETS ONE AND TWO filed by Defendant 24 Hour Fitness USA Inc. (Barnes, Page)
October 24, 2008 Opinion or Order Filing 185 ORDER by Judge A. Howard Matz APPROVING Stipulation re deadline for Hearing Motion to Compel re Plaintiffs Interrogatories #184 . Any Motion To Compel on Plaintiffs Interrogatories may be brought after 11/24/2008 except any motion on McKenna Interrogatory No. 2, Hernan Interrogatory Nos. 20-24, Friedman Interrogatory Nos. 4, 5, 22, 23, and 25; Plaintiffs Motion to Compel on Interrogatories McKENNA Interrogatory No. 2, HERNAN Interrogatory Nos. 20-24, FRIEDMAN Interrogatory Nos. 4, 5,22, 23, and 25 will still be governed by the 11/24/2008 discovery cut-off; Plaintiffs Joint Statement on any Motion to Compel McKENNA Interrogatory No. 2, HERNAN Interrogatory Nos. 20-24, FRIEDMAN Interrogatory Nos. 4, 5, 22, 23, and 25 must be served to 24 Hour Fitness no later than 10/24/2008; The Motion to Compel on the remaining interrogatories, including any issues or objections raised, will only be ripe after 24 Hour Fitness supplements responses, obtains information, the parties further discuss possible stipulation, and any necessary meet-and-confers are exhausted. (jp)
October 24, 2008 Filing 184 STIPULATION for Hearing re Motion to Compel filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Proposed Order Re: Deadline to Hear Motion to Compel Re: Plaintiffs' Demand for Production (Set Four))(Harnett, Melissa)
October 24, 2008 Filing 183 STIPULATION to Continue Depositions filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Proposed Order Approving Stipulation Regarding the Depositions of Vincent Cheung, David Duro, Katie Healon, Wes Napier and Maxine Valenzuela)(Harnett, Melissa)
October 24, 2008 Filing 182 STIPULATION for Hearing re Motion to Compel filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Proposed Order Approving Stipulation Re: Deadline for Hearing Motion to Compel Re: Plaintiffs' Interrogatories)(Harnett, Melissa)
October 20, 2008 Filing 181 MINUTES OF IN CHAMBERS before Judge A. Howard Matz: At the status conference on 11/3/2008, the Court will address the discovery schedule and the management and scheduling of class certification and summary judgment motion practice. (The Court is inclined to impose a single non-expert discovery cut-off of 2/16/2009 for all claims.) The Court invites the parties to submit written proposals concerning these issues by 10/28/2008. (jp)
October 20, 2008 Filing 180 NOTICE OF MOTION AND MOTION for Order Limiting Scope of Defendant's Confidentiality Agreements with Former Employees filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 11/10/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Joint Stipulation Re:Plaintiffs' Motion to Limit the Scope of Defendant's Confidentiality Agreements with Former Employees, #2 Declaration Declaration of Jeffrey F. Keller ISO Plaintiffs' Motion to Limit the Scope of Defendant 24 Hour's Confidentiality Agreements, #3 Exhibit A to Jeffrey F. Keller's Declaration, #4 Exhibit B to Jeffrey F. Keller's Declaration, #5 Exhibit C to Jeffrey F. Keller's Declaration, #6 Exhibit D to Jeffrey F. Keller's Declaration)(Harnett, Melissa)
October 20, 2008 Filing 179 NOTICE OF MOTION AND MOTION to Take Deposition FOR LEAVE TO TAKE MORE THAN TEN (10) DEPOSITIONS filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 11/10/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Joint Stipulation Re: Plaintiff's Motion For Leave of Court to Take More Than Ten Depositions, #2 Declaration of Melissa M. Harnett ISO Plaintiff's Motion for Leave of Court to Take More Than 10 Depositions, #3 Exhibit A to Melissa M. Harnett's Declaration, #4 Exhibit B to Melissa M. Harnett's Declaration, #5 Exhibit C to Melissa M. Harnett's Declaration, #6 Declaration of Christopher J. Heck ISO 24 Hour Fitness USA, Inc's Opposition to Plaintiff's Motion for Leave of Court to Take More Than 10 Depositions, #7 Exhibit A to Christopher J. Heck's Declaration, #8 Exhibit B to Christopher J. Heck's Declaration, #9 Exhibit C to Christopher J. Heck's Declaration, #10 Exhibit D to Christopher J. Heck's Declaration, #11 Exhibit E to Christopher J. Heck's Declaration, #12 Exhibit F to Christopher J. Heck's Declaration, #13 Exhibit G to Christopher J. Heck's Declaration)(Harnett, Melissa)
October 17, 2008 Opinion or Order Filing 178 ORDER by Judge A. Howard Matz GRANTING REQUEST for Hearing Status Conference and Clarification of Discovery Cut-off #177 : Status Conference set for 11/3/2008 at 01:30 PM before Judge A. Howard Matz. (se)
October 16, 2008 Filing 177 REQUEST for Hearing Status Conference filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration of Melissa M. Harnett ISO Request for Status Conference, and for Clarification Re: Discovery Cut-Offs, #2 Exhibit A to Melissa M. Harnett's Declaration, #3 Exhibit B to Melissa M. Harnett's Declaration, #4 Exhibit C to Melissa M. Harnett's Declaration, #5 Exhibit D to Melissa M. Harnett's Declaration, #6 Exhibit E to Melissa M. Harnett's Declaration, #7 Exhibit F to Melissa M. Harnett's Declaration, #8 Exhibit G to Melissa M. Harnett's Declaration, #9 Proposed Order Re: Request for Status Conference and Clarification of Discovery Cut-Offs)(Harnett, Melissa)
October 16, 2008 Filing 176 NOTICE OF MOTION AND MOTION to Compel Further Responses to Demand for Production, Set 3; Produce Documents; and Request for Sanctions filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 11/10/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Joint Stipulation Re: Plaintiffs' Motion to Compel Further Responses to Document Demands (Set Three), #2 Declaration of Melissa M. Harnett ISO Plaintiffs' and Defendant's Joint Stipulation Re: Plaintiffs' Document Demands (Set 3), #3 Exhibit A to Melissa M. Harnett's Declaration, #4 Exhibit B to Melissa M. Harnett's Declaration, #5 Exhibit C to Melissa M. Harnett's Declaration, #6 Exhibit D to Melissa M. Harnett's Declaration, #7 Exhibit E to Melissa M. Harnett's Declaration, #8 Exhibit F to Melissa M. Harnett's Declaration, #9 Exhibit G to Melissa M. Harnett's Declaration, #10 Declaration of Kevin Woodall ISO 24 Hour Fitness' Opposition to Plaintiffs' Motions to Compel Further Responses and Documents Responsive to Set Numbers 1, 2 and 3, #11 Exhibit A to Kevin Woodall's Declaration, #12 Exhibit B to Kevin Woodall's Declaration, #13 Declaration of Bobbi Quick ISO 24 Hour Fitness' Opposition to Plaintiffs' Motions to Compel Further Responses and Documents (Sets 1, 2 and 3))(Harnett, Melissa)
October 16, 2008 Filing 175 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: no proposed order submitted as separate attachment RE: REQUEST for Hearing Status Conference, and for Clarification Re: Discovery Cut-Offs #173 . In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. (se)
October 15, 2008 Filing 174 NOTICE OF MOTION AND MOTION to Compel to Compel Defendant to Provide Further Responses to Demand for Production, Sets One and Two; Produce Documents; and Request for Sanctions filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 11/10/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Plaintiffs' Notice of Motion and Motion to Compel Defendant to Provide Further Responses to Demand for Production, Set Two (2), and Produce Documents; Request for Sanctions, #2 Joint Stipulation Re: Plaintiffs' Motions to Compel Further Responses to Document Demands (Sets 1 and 2), #3 Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #4 Exhibit A to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #5 Exhibit B to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #6 Exhibit C to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #7 Exhibit D to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #8 Exhibit E to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #9 Exhibit F to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #10 Exhibit G to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #11 Exhibit H to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #12 Exhibit I to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #13 Exhibit J to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #14 Exhibit K to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #15 Exhibit L to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #16 Exhibit M to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #17 Exhibit N to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #18 Exhibit O to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #19 Exhibit P to Declaration of Melissa M. Harnett in Support of Motions to Compel Further Responses to Demands for Production of Documents, Sets 1 and 2, #20 Declaration Declaration of Christopher J. Heck in Support of 24 Hour Fitness' Opposition to Plaintiffs' Motion to Compel Further Responses & Documents Related to Sets 1 and 2 of Document Requests, #21 Declaration of Woodall ISO Opposition to Motion to Compel re Document Production Sets 1-2-3, #22 Exhibit A to Declaration of Woodall ISO Opposition to Motion to Compel re Document Production Sets 1-2-3, #23 Exhibit B to Declaration of Woodall ISO Opposition to Motion to Compel re Document Production Sets 1-2-3.pdf, #24 Declaration of Bobbi Quick ISO Opposition to Motion to Compel re Document Production Sets 1-2-3)(Harnett, Melissa)
October 15, 2008 Filing 173 REQUEST for Hearing Status Conference, and for Clarification Re: Discovery Cut-Offs filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration Declartion of Melissa M. Harnett in Support of Request for Status Conference, and, for Clarification Re: Discovery Cut-Offs, #2 Exhibit A to Declartion of Melissa M. Harnett in Support of Request for Status Conference, and, for Clarification Re: Discovery Cut-Offs, #3 Exhibit B to Declartion of Melissa M. Harnett in Support of Request for Status Conference, and, for Clarification Re: Discovery Cut-Offs, #4 Exhibit C to Declartion of Melissa M. Harnett in Support of Request for Status Conference, and, for Clarification Re: Discovery Cut-Offs, #5 Exhibit D to Declartion of Melissa M. Harnett in Support of Request for Status Conference, and, for Clarification Re: Discovery Cut-Offs, #6 Exhibit E to Declartion of Melissa M. Harnett in Support of Request for Status Conference, and, for Clarification Re: Discovery Cut-Offs, #7 Exhibit F to Declartion of Melissa M. Harnett in Support of Request for Status Conference, and, for Clarification Re: Discovery Cut-Offs, #8 Exhibit G to Declartion of Melissa M. Harnett in Support of Request for Status Conference, and, for Clarification Re: Discovery Cut-Offs)(Harnett, Melissa)
October 15, 2008 Filing 172 NOTICE OF MOTION AND MOTION to Compel the Deposition and Documet Production of Defendant's Expert Phillip C. Zerrillo ; Request for Sanctions filed by Plaintiff Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Motion set for hearing on 11/10/2008 at 02:00 PM before Magistrate Judge Carolyn Turchin. (Attachments: #1 Joint Stipulation Re: Plaintiffs' Motion to Compel the Deposition & Document Production of Defendant's Expert Philip C. Zerrillo, #2 Declaration of Melissa M. Harnett is Support of Plaintiffs and Defendant's Joint Stipulation re: the Deposition & Document Production of Defendant's Expert Phillip C. Zerrillo, #3 Exhibit A to Melissa M. Harnett's Declaration re: Deposition & Document Production of Defendant's Expert Phillip C. Zerrillo, #4 Exhibit B to Melissa M. Harnett's Declaration re: Deposition & Document Production of Defendant's Expert Phillip C. Zerrillo, #5 Exhibit C to Melissa M. Harnett's Declaration re: Deposition & Document Production of Defendant's Expert Phillip C. Zerrillo, #6 Exhibit E to Melissa M. Harnett's Declaration re: Deposition & Document Production of Defendant's Expert Phillip C. Zerrillo, #7 Exhibit E to Melissa M. Harnett's Declaration re: Deposition & Document Production of Defendant's Expert Phillip C. Zerrillo, #8 Exhibit F to Melissa M. Harnett's Declaration re: Deposition & Document Production of Defendant's Expert Phillip C. Zerrillo, #9 Declaration of Michael E Delehunt In Support of Defendant's Opposition to Motion to Compel re Deposition and Document Production of Zerrillo, #10 Exhibit A to Declaration of Michael E Delehunt ISO Opposition to Motion to Compel re Deposition and Document Production of Zerrillo, #11 Exhibit B to Declaration of Michael E Delehunt ISO Opposition to Motion to Compel re Deposition and Document Production of Zerrillo.pdf, #12 Exhibit C to Declaration of Michael E Delehunt ISO Opposition to Motion to Compel re Deposition and Document Production of Zerrillo.pdf)(Harnett, Melissa)
October 14, 2008 Filing 171 ANSWER to Amended Complaint, #163 ANSWER OF DEFENDANT 24 HOUR FITNESS USA, INC. TO FIFTH AMENDED COMPLAINT filed by Defendant 24 Hour Fitness USA Inc.(Woodall, Kevin)
October 8, 2008 Filing 170 MINUTES OF IN CHAMBERS ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT 24 HOUR FITNESS, INC.'S EX PARTE APPLICATION FOR AN EXTENSION OF TIME TO RESPOND TO JOINT STIPULATIONS held before Magistrate Judge Carolyn Turchin: re: EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Ex Parte Application of Defendant 24 Hour Fitness USA, Inc. to Extend Time to Respond to Certain Local Rule 37 Joint Stipulations Until October 17, 2008 #168 , Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related), Objection/Opposition (Motion related) #169 . (dam)
October 8, 2008 Filing 169 Opposition in opposition to re: EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Ex Parte Application of Defendant 24 Hour Fitness USA, Inc. to Extend Time to Respond to Certain Local Rule 37 Joint Stipulations Until October 17, 2008 #168 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration Declaration of Gregory B. Scarlett in Support of Plaintiffs' Opposition to Defendant's Ex Parte Application for Order Extending Time to Respond to Joint Stipulation, #2 Exhibit Exhibit A to Gregory B. Scarlett's Declaration in Support of Plaintiffs' Opposition to Defendant's Ex Parte Application for Order Extending Time to Respond to Joint Stipulation, #3 Exhibit Exhibit B to Gregory B. Scarlett's Declaration in Support of Plaintiffs' Opposition to Defendant's Ex Parte Application for Order Extending Time to Respond to Joint Stipulation)(Harnett, Melissa)
October 7, 2008 Filing 168 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Ex Parte Application of Defendant 24 Hour Fitness USA, Inc. to Extend Time to Respond to Certain Local Rule 37 Joint Stipulations Until October 17, 2008 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Declaration of Kevin Woodall in Support of 24 Hour Fitness' Ex Parte Application to Extend Time to Respond to Certain Local Rule 37 Joint Stipulations Until Oct. 17, 2008, #2 Exhibit A to Woodall Decl., #3 Proposed Order Granting 24 Hour Fitness Ex Parte)(Heck, Christopher)
October 3, 2008 Filing 167 MINUTES OF IN CHAMBERS ORDER DENYING PLAINTIFFS' EX PARTE APPLICATION FOR AN ORDER SHORTENING TIME FOR HEARING ON PLAINTIFFS' DISCOVERY MOTION held before Magistrate Judge Carolyn Turchin: re: EX PARTE APPLICATION to Shorten Time for Hearing to 10/20/2008 #166 . (dam)
October 2, 2008 Filing 166 EX PARTE APPLICATION to Shorten Time for Hearing to 10/20/2008 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Attachments: #1 Declaration Declaration of Melissa M. Harnett in Support of Plaintiffs' Ex Parte Application for Order Shortening Time for Hearing Re: Discovery Motions, #2 Exhibit Exhibit A to Declaration of Melissa M. Harnett, #3 Exhibit Exhibit B to Declaration of Melissa M. Harnett, #4 Exhibit Exhibit C to Declaration of Melissa M. Harnett, #5 Exhibit Exhibit D to Declaration of Melissa M. Harnett, #6 Proposed Order Proposed Order Granting Plaintiffs' Ex Parte Application for Order Shortening Time for Hearing on Motions to Compel Further Responses To Demands for Production of Documents (Sets 1 & 2))(Harnett, Melissa)
October 2, 2008 Filing 165 24 Hour Fitness USA, Inc.'s Response to Plaintiffs' September 29, 2008 Application to File Documents Under Seal Response to re: APPLICATION to Seal #162 filed by Defendant 24 Hour Fitness USA Inc. (Heck, Christopher)
October 1, 2008 Filing 164 MINUTES OF IN CHAMBERS ORDER granting defendant's ex parte application tofor an extension of time to serve on plaintiff's defendant's portion of the joint stipulation required by Local Rule 37 held before Magistrate Judge Carolyn Turchin: re: EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Ex Parte Application #161 . (dam)
September 30, 2008 Filing 161 EX PARTE APPLICATION FOR ENLARGEMENT OF TIME to File Ex Parte Application filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Declaration Declaration of Kevin Woodall in Support of 24 Hour Fitness's Ex Parte Application to Extend Time to Respond to Local Rule 37 Joint Stipulation by Five Court-Days, #2 Exhibit A Part 1 to Declaration of Kevin Woodall, #3 Exhibit A Part 2 to Declaration of Kevin Woodall, #4 Exhibit A Part 3 to Declaration of Kevin Woodall, #5 Exhibit A Part 4 to Declaration of Kevin Woodall, #6 Exhibit A Part 5 to Declaration of Kevin Woodall, #7 Exhibit A Part 6 to Declaration of Kevin Woodall, #8 Exhibit B to Declaration of Kevin Woodall, #9 Exhibit C to Declaration of Kevin Woodall, #10 Proposed Order Granting 24 Hour Fitness USA, Inc.'s Ex Parte Application to Extend Time to Respond to Local Rule 37 Joint Stipulation by Five Court-Days)(Heck, Christopher)
September 29, 2008 Filing 163 PUTATIVE CLASS ACTIONS - FIFTH AMENDED COMPLAINT (REDACTED) against defendant 24 Hour Fitness USA Inc amending Amended Complaint #152 with JURY DEMANED, filed by plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (jp). (Additional attachment(s) added on 11/21/2008: #1 Exhibit A-F, #2 Exhibit G-H) (jp). Modified on 11/21/2008 (jp).
September 29, 2008 Filing 162 APPLICATION to File Documents Under Seal filed by plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. Lodged Proposed Order. (jp)
September 29, 2008 Filing 160 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Fifth Amended Complaint. (Harnett, Melissa)
September 29, 2008 Filing 159 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna of Application to File Documents Under Seal. (Harnett, Melissa)
September 22, 2008 Filing 158 MINUTES OF IN CHAMBERS before Judge A. Howard Matz: Court GRANTS in part and DENIES in part Defendant's MOTION #150 . Plaintiffs shall file the Fifth (and final) Amended Complaint by no later than 9/29/2008. The Fifth Amended Complaint shall reflect and conform to the rulings in this order. Except to delete portions of the Fourth Amended Complaint that have been dismissed or stricken and to cure omissions that this Court has authorized, Plaintiffs may not add new claims or change any language. Defendant shall file their answer (no motions to dismiss) by not later than 10/14/2008. (jp)
September 22, 2008 Filing 157 MINUTES OF Motion Hearing held before Judge A. Howard Matz: MOTION to Dismiss Claims and Strike Language In The Fourth Amended Complaint filed by Defendant 24 Hour Fitness USA Inc #150 Court circulates a tentative order and hears oral argument. For reasons and findings stated on the record, the Court GRANTS in PART and DENIES in PART defendants motion to dismiss. The fifth amended complaint must be filed by not later than 9/29/2008. The answer is due 15 days thereafter. CourtModified on 9/22/2008 (jp).
September 15, 2008 Filing 156 DECLARATION of Kevin F. Woodall In Support Of MOTION to Dismiss Claims and Strike Language In The Fourth Amended Complaint #150 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
September 15, 2008 Filing 155 REPLY In Support MOTION to Dismiss Claims and Strike Language In The Fourth Amended Complaint #150 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
September 8, 2008 Filing 154 DECLARATION of Melissa M.Harnett In Opposition to MOTION to Dismiss Claims and Strike Language In The Fourth Amended Complaint #150 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
September 8, 2008 Filing 153 Opposition re: MOTION to Dismiss Claims and Strike Language In The Fourth Amended Complaint #150 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (Harnett, Melissa)
August 25, 2008 Filing 151 MEMORANDUM in Support of MOTION to Dismiss Claims and Strike Language In The Fourth Amended Complaint #150 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
August 25, 2008 Filing 150 NOTICE OF MOTION AND MOTION to Dismiss Claims and Strike Language In The Fourth Amended Complaint filed by Defendant 24 Hour Fitness USA Inc. Motion set for hearing on 9/22/2008 at 10:00 AM before Judge A. Howard Matz. (Woodall, Kevin)
August 21, 2008 Filing 152 PUTATIVE CLASS ACTION - FOURTH AMENDED COMPLAINT - REDACTED against Defendant 24 Hour Fitness USA Inc; Parties Angelica Ramirez; Kimberly Zander; Willman Alfaro and Stephanie Daugherty terminated amending Complaint - (Discovery) 1 , 46 with JURY DEMAND, filed by plaintiffs Thomas Hernan, Jr., Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman, Deborah McKenna. (jp) (Additional attachment(s) added on 8/26/2008: #1 Exhibits A through H - Part 2) (jp).
August 21, 2008 Filing 149 SEALED DOCUMENT - FOURTH AMENDED COMPLAINT against DEFENDANT 24 Hour Fitness USA Inc amending Complaint - (Discovery) 1 ,filed by (lra)
August 21, 2008 Filing 148 First NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Craig Jones, Molly Kramer, Daniel Friedman of Fourth Amended Complaint. (Harnett, Melissa)
August 8, 2008 Filing 147 STATEMENT Plaintiffs' RICO Case Statement (Harnett, Melissa)
July 21, 2008 Filing 146 MINUTES OF Status Conference and MOTION for Leave to File Fourth Amended Complaint #128 held before Judge A. Howard Matz: The Court grants the parties application to file documents under seal as specified in Joint Memorandum #142 . The Court sets the following briefing schedules: The last day for Defendant to file a motion to dismiss is 8/25/2008; Opposition due 9/8/2008; Reply due 9/15/2008; Motion hearing shall be set on 9/22/2008. Discovery Deadlines: Non-expert discovery cut off on all claims except any surviving RICO claims will be 11/24/2008. Non-expert Discovery cut-off on RICO claim will be 2/16/2009. Summary Judgment Deadlines: If there is no RICO claim, last day to file summary judgment motion is 12/15/2008; Opposition due 1/5/2009; Reply due 1/19/2009; hearing on 2/2/2009. If RICO is included, the last day to file summary judgment motion is 3/16/2008; Opposition due 3/30/2009; Reply due 4/13/2009; hearing on 4/27/2009. The Court GRANTS Plaintiffs Motion for Leave to File Fourth Amended Complaint #128 . Court Reporter: Cindy Nirenberg. (jp)
July 21, 2008 Filing 145 MINUTES OF Motion Hearing held before Judge A. Howard Matz: PLAINTIFFS MOTION for Leave to File Fourth Amended Complaint #128 . Tentative ruling is circulated. Court hears oral argument and takes Plaintiffs Motion for Leave to File Fourth Amended Complaint under submission. Order will issue. Court Reporter: Cindy Nirenberg. (jp).
July 14, 2008 Filing 144 DECLARATION of Melissa M. Harnett in support of MOTION for Leave to File Fourth Amended Complaint #128 Reply Brief filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (Harnett, Melissa)
July 14, 2008 Filing 143 REPLY in support of MOTION for Leave to File Fourth Amended Complaint #128 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (Harnett, Melissa)
July 10, 2008 Filing 142 JOINT STATEMENT of JOINT MEMORANDUM RE: APPLICATION TO SEAL DOCUMENTS APPLICATION to Seal #137 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
July 7, 2008 Filing 140 DECLARATION of Kevin F. Woodall MOTION for Leave to File Fourth Amended Complaint #128 Declaration of Kevin F. Woodall in Opposition to Plaintiffs' Motion for Leave to File Fourth Amended Complaint filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Woodall, Kevin)
July 7, 2008 Filing 139 MEMORANDUM in Opposition to MOTION for Leave to File Fourth Amended Complaint #128 filed by Defendant 24 Hour Fitness USA Inc. (Woodall, Kevin)
July 3, 2008 Opinion or Order Filing 141 ORDER by Judge A. Howard Matz GRANTING APPLICATION to File Documents Under Seal #137 , that Plaintiffs may lodge under Seal Plaintiffs Proposed Fourth Amended Complaint. The Court has not conclusively determined that it facialty appears that this data should be kept confidential and that placing the documents in the public record would expose highly sensitive confidential information to public security. Therefore, the parties are Ordered to justify their Positiars as to confidentiality, in memorenda not to exceed four pages, by not later than 7/10/2008. FURTHER ORDERS that Plaintiffs shall electronically file a Notice of Lodging of the redacted Proposed Fourth Amended Complaint, without confidential exhibits, in the public case file, pursuant to Local Rule 79-5. (jp)
July 2, 2008 Filing 136 NOTICE OF ERRATA filed by Plaintiff Daniel Friedman. (Attachments: #1 Exhibit A: Notice of Motion and Motion for Leave to File Fourth Amended Complaint)(Harnett, Melissa)
July 1, 2008 Filing 138 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez: Application to File Documents Under Seal; Proposed Order Granting; Proposed Fourth Amended Complaint. (se)
July 1, 2008 Filing 137 APPLICATION to File Documents Under Seal filed by plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. Lodged Proposed Order. (jp)
July 1, 2008 Filing 135 NOTICE of Manual Filing filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Craig Jones, Molly Kramer, Daniel Friedman of Proposed Fourth Amended Complaint. (Harnett, Melissa)
June 30, 2008 Filing 134 NOTICE OF LODGING filed by Plaintiffs re MOTION for Leave to File Fourth Amended Complaint #128 (Attachments: #1 Supplement Proposed Fourth Amended Complaint with exhibits (redacted))(Harnett, Melissa)
June 30, 2008 Filing 133 NOTICE of ERRATA filed by Plaintiff Daniel Friedman. (Attachments: #1 Exhibit A: Memordandum of Points and Authorities in Support of their Motion for Leave to File Fourth Amended Complaint)(Harnett, Melissa)
June 30, 2008 Filing 132 NOTICE OF LODGING filed by Plaintiffs re MOTION for Leave to File Fourth Amended Complaint #128 (Attachments: #1 Proposed Order Proposed Order Granting Plaintiffs' Motion for Leave to File Fourth Amended Complaint)(Harnett, Melissa)
June 30, 2008 Filing 131 DECLARATION of Melissa M. Harnett In Support Of MOTION for Leave to File Fourth Amended Complaint #128 filed by Plaintiff Daniel Friedman. (Attachments: #1 Exhibit 1: Transcript, #2 Exhibit 2. Email, #3 Exhibit 3. Slip Opinion, #4 Exhibit 4. 4AC Redline, #5 Exhibit 5. FAC Redline, #6 Exhibit 6. SAC Redline, #7 Exhibit 7. TAC Redline)(Harnett, Melissa)
June 30, 2008 Filing 130 PROPOSED ORDER GRANTING PLAINTIFFS' MOTION FOR LEAVE TO FILE FOURTH AMENDED COMPLAINT re MOTION for Leave to File Fourth Amended Complaint #128 filed by Plaintiff Daniel Friedman. (Harnett, Melissa)
June 30, 2008 Filing 129 MEMORANDUM in Support of MOTION for Leave to File Fourth Amended Complaint #128 filed by Plaintiff Daniel Friedman. (Harnett, Melissa)
June 30, 2008 Filing 128 NOTICE OF MOTION AND MOTION for Leave to File Fourth Amended Complaint filed by Plaintiff Daniel Friedman. Motion set for hearing on 7/21/2008 at 10:00 AM before Judge A. Howard Matz. (Harnett, Melissa)
June 24, 2008 Opinion or Order Filing 127 ORDER by Judge A. Howard Matz re Minutes of In Chambers Order #123 GRANTING Stipulation to Reschedule #125 : Status Report due by 7/14/2008; Status Conference set for 7/21/2008 at 01:30 PM before Judge A. Howard Matz. (se)
June 23, 2008 Filing 126 Joint Case Management Statement filed by Plaintiff Daniel Friedman (Attachments: #1 Exhibit A)(Harnett, Melissa)
June 23, 2008 Filing 125 Corrected STIPULATION to Reschedule Case Management Conference filed by Plaintiff Daniel Friedman. (Attachments: #1 Proposed Order Grant extension and reschedule case management conference)(Harnett, Melissa)
June 18, 2008 Filing 124 Joint STIPULATION to Reschedule Case Management Conference filed by Plaintiff Daniel Friedman. (Attachments: #1 Proposed Order Proposed Order Granting Joint Stipulation To Continue Case Management Conference)(Harnett, Melissa)
June 4, 2008 Filing 123 MINUTES OF IN CHAMBERS ORDER before Judge A. Howard Matz: On the Courts own motion, the Court hereby sets a Status Conference 6/30/2008 at 1:30 PM. A joint Status Report due by 6/23/2008 advising of the current status of discovery and, if appropriate, proposing further pretrial and trial dates using the Courts Presumptive Schedule of Pretrial Dates, attached hereto as Exhibit A. (jp)
February 21, 2008 Filing 122 MINUTES OF IN CHAMBERS ORDER RE ELECTRONIC FILING held before Judge A. Howard Matz (se)
January 16, 2008 Filing 112 NOTICE OF LODGING filed AT THE COURT'S REQUEST (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F#7 Exhibit G)(Woodall, Kevin)
January 14, 2008 Filing 121 MINUTES OF Motion Hearing held before Judge A. Howard Matz : Court circulates tentative order and hears oral argument. For reasons stated on the record, the Court DENIES plaintiffs Motion for Class Certification.Court is not inclined to stay case pending ruling by the California Supreme Court.Court Reporter: Cindy Nirenberg. (smo)
January 14, 2008 Filing 119 MINUTES OF IN CHAMBERS ORDER held before Judge A. Howard Matz : This putative class action involves allegations that Defendant 24 Hour Fitness, USA, Inc. (24 Hour) misrepresented its cancellation policies and wrongly overcharged customers. The parties have conducted extensive class discovery and Plaintiffs now move for class certification 47 . Because Plaintiffs have not satisfied the predominance requirement, the motion is DENIED without prejudice. (smo)
January 10, 2008 Filing 111 NOTICE of Change of Attorney Information for attorney Kevin Francis Woodall counsel for Defendant 24 Hour Fitness USA Inc.Anthony B. Lewis is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant 24 Hour Fitness USA, Inc. (Woodall, Kevin)
January 9, 2008 Filing 109 NOTICE of Change of Attorney Information for attorney Kevin Francis Woodall counsel for Defendant 24 Hour Fitness USA Inc.Jose-Manuel A. de Castro is no longer attorney of record for the aforementioned party in this case for the reason indicated in the G-06 Notice. Filed by Defendant 24 Hour Fitness USA, Inc. (Woodall, Kevin)
January 9, 2008 Filing 108 NOTICE Removal of Attorney, Tami S. Smason from Case filed by defendant 24 Hour Fitness USA Inc. (Heck, Christopher)
January 9, 2008 Filing 107 NOTICE of Change of Attorney Information for attorney Christopher John Heck counsel for Defendant 24 Hour Fitness USA Inc. Filed by Defendant 24 Hour Fitness USA, Inc. (Heck, Christopher)
January 7, 2008 Filing 106 DEFENDANT'S OBJECTIONS TO THE SUPPLEMENTAL DECLARATION OF MELISSA M. HARNETT IN SUPPORT OF MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Lewis, Anthony)
January 4, 2008 Filing 105 DECLARATION of KEVIN WOODALL SUPPLEMENTAL DECLARATION OF KEVIN WOODALL IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D#5 Exhibit E#6 Exhibit F)(Lewis, Anthony)
January 4, 2008 Filing 104 DECLARATION of CHRISTOPHER HECK DECLARATION OF CHRISTOPHER HECK IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Attachments: #1 Exhibit A)(Lewis, Anthony)
January 4, 2008 Filing 103 RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE DECLARATION OF KEVIN WOODALL IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Lewis, Anthony)
January 4, 2008 Filing 102 RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE DECLARATION OF TUNG KHUU IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Lewis, Anthony)
January 4, 2008 Filing 101 RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE DECLARATION OF BOBBI QUICK IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Lewis, Anthony)
January 4, 2008 Filing 100 RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE DECLARATION OF PHILIP C. ZERRILLO, PH.D. IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Lewis, Anthony)
January 4, 2008 Filing 99 RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE DECLARATION OF LINELL KILLUS IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Lewis, Anthony)
January 4, 2008 Filing 98 RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE DECLARATION OF DANNY DE LA ROSA IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Lewis, Anthony)
January 4, 2008 Filing 97 RESPONSE TO PLAINTIFFS' OBJECTIONS TO THE DECLARATION OF CAROL SCOTT, PH.D. IN OPPOSITION TO PLAINTIFFS' MOTION FOR CLASS CERTIFICATION re MOTION to Certify Class 47 filed by Defendant 24 Hour Fitness USA Inc. (Lewis, Anthony)
December 19, 2007 Opinion or Order Filing 120 ORDER by Judge A. Howard Matz GRANTING Plaintiffs' APPLICATION to File Under Seal Plaintiffs' Reply Memorandum of Points and Authorities in Support of Motion for Class Certification, the Supplemental Declaration of Melissa Harnett, and Plaintiffs' Objections to the Declarations of Bobbi Quick, Danny De La Rosa, Carol Scott, and Kevin Woodall in Opposition to Plaintiffs' Motion for Class Certification 47 89 . IT IS SO ORDERED. (ad)
December 19, 2007 Filing 118 SEALED DOCUMENT - OBJECTIONS to the Declaration of Carol Scott in Opposition to MOTION for Class Certification 47 filed. (ad)
December 19, 2007 Filing 117 SEALED DOCUMENT - OBJECTIONS to the Declaration of Kevin Woodall in Opposition to MOTION for Class Certification 47 filed. (ad)
December 19, 2007 Filing 116 SEALED DOCUMENT - OBJECTIONS to the Declaration of Bobbi Quick in Opposition to MOTION for Class Certification 47 filed. (ad)
December 19, 2007 Filing 115 SEALED DOCUMENT - REPLY MEMORANDUM of Points and Authorities in support of MOTION for Class Certification 47 filed. (ad)
December 19, 2007 Filing 114 SEALED DOCUMENT - OBJECTIONS to the Declaration of Danny De La Rosa in Opposition to MOTION for Class Certification 47 filed. (ad)
December 19, 2007 Filing 113 SEALED DOCUMENT - SUPPLEMENTAL DECLARATION of Melissa M Harnett in support of MOTION for Class Certification 47 filed. (ad)
December 18, 2007 Filing 96 SUPPLEMENTAL DECLARATION of Elizabeth A. Acevedo in Support of Plaintiffs' Motion for Class Certification, re MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
December 18, 2007 Filing 95 PLAINTIFFS' SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE in Support of Plaintiffs' Motion for Class Certification re MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
December 18, 2007 Filing 94 OBJECTIONS to the Declaration of Linell Killus in Opposition to Plaintiff's Motion for Class Certification re: MOTION to Certify Class 47 filed by Plaintiff Daniel Friedman. (vh)
December 18, 2007 Filing 93 OBJECTIONS to the Declaration of Tung Khuu in Opposition to Plaintiffs' Motion for Class Certification re: MOTION to Certify Class 47 filed by Plaintiff Daniel Friedman. (vh)
December 18, 2007 Filing 92 OBJECTIONS to the Declaration of Philip C. Zerrillo in Opposition to Plaintiffs' Motion for Class Certification re MOTION to Certify Class 47 filed by Plaintiff Daniel Friedman. (vh)
December 18, 2007 Filing 91 RESPONSES to Defendant's Objections to the Declaration of April Clemmons re MOTION to Certify Class 47 filed by Plaintiff Daniel Friedman. (vh)
December 18, 2007 Filing 90 RESPONSES to Defendant's Objections to the Declaration of Melissa Harnett, re MOTION to Certify Class 47 filed by Plaintiff Daniel Friedman. (vh)
December 18, 2007 Filing 89 APPLICATION to File Under Seal Plaintiffs' Reply Memorandum of Points and Authorities in Support of Motion for Class Certification, the Supplemental Declaration of Melissa Harnett, and Plaintiffs' Objections to the Declarations of Bobbi Quick, Danny De La Rosa, Carol Scott, and Kevin Woodall in Opposition to Plaintiffs' Motion for Class Certification, re 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. Lodged Order and Sealed Documents. (vh)
November 27, 2007 Filing 110 24 HOUR FITNESS USA INC'S JOINDER in APPLICATION to File Documents Under Seal 89 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 88 PROOF OF SERVICE of MEMORANDUM of Points and Authorities in support of Opposition to Motion for Class Certification 72 , Declaration (Motion related) 73 , Declaration (Motion related) 74 , Declaration (Motion related) 75 , Declaration (Motion related) 76 , Declaration (Motion related) 77 , Declaration (Motion related) 78 , Declaration (Motion related) 79 , Declaration (Motion related) 80 , Declaration (Motion related) 81 , Declaration (Motion related) 82 , Declaration (Motion related) 83 , Declaration (Motion related) 84 Objections to the Declaration of Melissa Harnett 85 , Objections to the Declaration of April Clemmons 86 , Notice of Lodging 87 , served on 11/27/2007 filed by defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 87 NOTICE OF LODGING DVD's filed by defendant 24 Hour Fitness USA Inc. Lodged DVD's. (jp)
November 27, 2007 Filing 86 OBJECTIONS to the Declaration of April Clemmons filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 85 OBJECTIONS to the Declaration of Melissa Harnett 49 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 84 DECLARATION of PAGE R. BARNES in support of Joinder to Plaintiffs APPLICATION to Seal Documents 48 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 83 DECLARATION of TUNG KHUU in Opposition to Plaintiffs MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 82 DECLARATION of PAGE R. BARNES in Opposition to Plaintiffs MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 81 DECLARATION of BOBBI QUICK in Opposition to Plaintiffs MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 80 DECLARATION of KEVIN WOODALL in Opposition to Plaintiffs MOTION for Class Certification 47 (VOLUME 4 OF 4) filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 79 DECLARATION of KEVIN WOODALL in Opposition to Plaintiffs MOTION for Class Certification 47 (VOLUME 3 OF 4) filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 78 DECLARATION of KEVIN WOODALL in Opposition to Plaintiffs MOTION for Class Certification 47 (VOLUME 2 OF 4) filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 77 DECLARATION of KEVIN WOODALL in Opposition to Plaintiffs MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 76 DECLARATION of DANNY DE LA ROSA in Opposition to Plaintiffs MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 75 DECLARATION of PHILIP C. ZERRILLO PH.D in support of Opposition to MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 74 DECLARATION of LINELL KILLUS in Opposition to Plaintiffs MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 73 DECLARATION of CAROL SCOTT in Opposition to Plaintiffs MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 27, 2007 Filing 72 MEMORANDUM OF POINTS AND AUTHORITIES in support of Defendant's Opposition to Plaintiffs MOTION for Class Certification 47 filed by Defendant 24 Hour Fitness USA Inc. (jp)
November 6, 2007 Filing 70 ANSWER to Third Amended Complaint 46 JURY DEMAND, filed by defendants 24 Hour Fitness USA Inc. (jp)
November 1, 2007 Filing 71 PROOF OF SERVICE filed by plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez, re Declaration (Motion related), Declaration (Motion related) 61 , Declaration (Motion related), Declaration (Motion related) 59 , Declaration (Motion related) 69 , Declaration (Motion related), Declaration (Motion related) 56 , Declaration (Motion related), Declaration (Motion related) 60 , Proof of Service (subsequent documents), Proof of Service (subsequent documents) 65 , Declaration (Motion related), Declaration (Motion related) 53 , Declaration (Motion related), Declaration (Motion related) 52 , Declaration (Motion related), Declaration (Motion related) 58 , Declaration (Motion related), Declaration (Motion related) 51 , Memorandum in Support of Motion 68 , MOTION to Certify Class 47 , Declaration (Motion related), Declaration (Motion related) 54 , Declaration (Motion related), Declaration (Motion related) 55 , Declaration (Motion related), Declaration (Motion related) 50 served on 10/19/07. (smo)
October 30, 2007 Opinion or Order Filing 67 JOINT STIPULATION AND ORDER RE PAGE LIMITS FOR BRIEFING RE MOTION FOR CERTIFICATION by Judge A. Howard Matz that Defendant shall be granted a 35 page limit for the points and authorities to be filed in opposition to Plaintiffs Motion for Class Certification and related declarations and exhibits filed in support thereof, to be filed no later than November 27, 2007; Plaintiffs shall be granted a 28 page limit for the points and authorities to be filed in reply to Defendant Opposition to Plaintiffs Motion for Class Certification and related declarations and exhibits filed in support thereof, to be filed no later than December 18, 2007. (jp)
October 23, 2007 Filing 69 SEALED DOCUMENT - DECLARATION of Melissa M Harnett in support of MOTION for Class Certification 47 filed. (ad)
October 23, 2007 Filing 68 SEALED DOCUMENT - MEMORANDUM OF POINTS AND AUTHORITIES in Support of MOTION for Class Certification 47 filed. (ad)
October 23, 2007 Filing 65 PLAINTIFFS' AMENDED PROOF OF SERVICE OF MOTION FOR CLASS CERTIFICATION AND RELATED DOCUMENTS filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez, re MEMORANDUM in Opposition to Motion 22 , Declaration (Motion related), Declaration (Motion related) 49 , MOTION to Certify Class 47 served on 10/10/07. (SEE DOCUMENT FOR FURTHER DETAILS) (vh)
October 23, 2007 Filing 64 PLAINTIFFS' PROOF OF SERVICE OF MOTION FOR CLASS CERTIFICATION AND RELATED DOCUMENTS filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez, re Declaration (Motion related), Declaration (Motion related) 49 , MOTION to Certify Class 47 , Declaration (Motion related), Declaration (Motion related) 50 served on 10/19/07. (SEE DOCUMENT FOR FURTHER DETAILS) (vh)
October 23, 2007 Filing 63 PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE in Support of Plaintiffs' Motion for Class Certification 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 23, 2007 Opinion or Order Filing 57 ORDER by Judge A. Howard Matz GRANTING APPLICATION to File Under Seal Memorandum of Points and Authorities in Support of Motion for Class Certification and the Declaration of Melissa Harnett 48 . (jp)
October 19, 2007 Filing 66 MEMORANDUM of Points and Authorities in Support of Motion for class certification; filed by plaintiff Daniel Friedman. Re: MOTION to Certify Class 47 (mb)
October 19, 2007 Filing 62 PLAINTIFFS' REQUEST FOR JUDICIAL NOTICE in Support of Plaintiffs' Motion for Class Certification 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 61 DECLARATION of Elizabeth A. Acevedo in Support of Plaintiffs Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 60 DECLARATION of Stephanie Daugherty in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 59 DECLARATION of Jeffrey F. Keller in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 58 DECLARATION of Daniel Friedman in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 56 DECLARATION of Craig Jones in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 55 DECLARATION of Molly Kramer in Support of Motion for Class Certification re: MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 54 DECLARATION of Luis Riojas in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 53 DECLARATION of Thomas J. Hernan, Jr. in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 52 DECLARATION of Kimberly Zander in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 51 DECLARATION of William Alfaro in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 50 DECLARATION of Jeffrey F. Keller in Support of Motion for Class Certification MOTION to Certify Class 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 49 DECLARATION of Melissa M. Harnett in Support of Motion to File Under Seal Plaintiffs' Memorandum of Points and Authorities in Support of Motion for Class Certification and the Declaration of Melissa Harnett 47 48 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (vh)
October 19, 2007 Filing 48 APPLICATION to File Under Seal Memorandum of Points and Authorities in Support of Motion for Class Certification and the Declaration of Melissa Harnett 47 filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. Lodged Proposed Order. (vh)
October 19, 2007 Filing 47 NOTICE OF MOTION AND MOTION for Class Certification (oral argument requested) filed by Plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez.Motion set for hearing on 1/14/2008 at 10:00 AM before Judge A. Howard Matz. (vh)
October 17, 2007 Filing 46 THIRD AMENDED COMPLAINT against Defendant 24 Hour Fitness USA Inc; Party McCown De Leeuw and Co; 24 Hour Fitness Worldwide Inc and Does terminated amending Second Amended Complaint 37 , JURY DEMAND filed by plaintiffs Thomas Hernan, Jr, Luis Riojas, Kimberly Zander, Stephanie Daugherty, Craig Jones, Molly Kramer, Daniel Friedman, Willman Alfaro, Angelica Ramirez. (jp)
October 17, 2007 Opinion or Order Filing 45 STIPULATION AND ORDER by Judge A. Howard Matz that plaintiffs may file a Third Amended Complaint and Voluntary Dismissal, Without Prejudice, Solely as to claims of Angelica Ramirez, Peter Loftsgordon, Sean mahabier, Richard Power, Brett Price, and Fred Trent, and the claims against 24 Hour Worldwide Inc, and McCown De Leeuw & Co. (jp)
September 19, 2007 Filing 44 REPLY to Defendants Opposition to Plaintiffs REQUEST for a Status Conference 39 filed by Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez. (jp)
September 19, 2007 Filing 43 MINUTES before Judge A. Howard Matz: IN CHAMBERS (No Proceedings Held). The Court has reviewed the parties submissions regarding Plaintiffs "REQUEST for Status Conference 39 " and rules as follows. The Court DECLINES to schedule a conference to disuss the briefing schedule and hearing date for class certification. Plaintiff may move for class certification before 11/5/2007, provided that the intervals for filing the opposition and reply papers would not change from those set forth in the April 30, 2007 scheduling order. However, Plaintiff should refrain from filing such a motion prematurely. If Plaintiffs do file a motion for certification before 11/5/2007, Defendants may move for a continuance of the deadline for filing their opposition if they have a basis for doing so. At this time the Court will not change the hearing date, althrough it may do so if the briefing on the motion for class certification is completed. No hearing is necessary. FRCP 78; L.R. 7-15. Court Reporter: Not Reported. (jp)
September 18, 2007 Filing 42 DECLARATION of KEVIN WOODALL in support of Defendants Opposition to Plaintiffs EX PARTE APPLICATION to Set a Status Conference and Accelerate the briefing schedule and hearing date regarding class certification motion 39 filed by Defendants 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. (jp)
September 18, 2007 Filing 41 OPPOSITION to Plaintiffs EX PARTE APPLICATION to Set a Status Conference and Accelerate the briefing schedule and hearing date regarding class certification motion 39 filed by Defendants 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. Lodged Proposed Order. (jp)
September 17, 2007 Filing 40 DECLARATION of MELISSA M. HARNETT in support of REQUEST for Status Conference 39 filed by Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez. (jp)
September 17, 2007 Filing 39 REQUEST for Status Conference filed by plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez. (jp)
July 23, 2007 Filing 38 ANSWER to Second Amended Complaint 37 filed by defendants' 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co.(bp)
July 2, 2007 Filing 37 SECOND AMENDED COMPLAINT against defendants 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co, Does amending Amended Complaint, 17 ,filed by plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez (yc)
July 2, 2007 Opinion or Order Filing 36 STIPULATION AND ORDER by Judge A. Howard Matz : for filing of amended complaint and the voluntary dismissal, without prejudice, solely as to claims of Mary Guevara.(yc)
May 30, 2007 Filing 35 NOTICE of Association of Counsel associating attorney Jeffrey F Keller on behalf of Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez. Filed by Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez, Mary Guerva and Various Parties (ir)
April 30, 2007 Filing 33 MINUTES OF Scheduling Conference held before Judge A. Howard Matz ; The court orderes plaintiff to file their motion fo rclass certification by not later than 11/5/2007 and noticed for hearin gon 1/14/2008 at 10:00am. Defendants' opposition thereto shall be filed by not later than 12/3/2007 and any rply by 12/17/2007. Barring exigent circumstances, the court is not inclined to continue any of these deadlines. Court Reporter: Cindy Nirenberg. (yc, )
April 30, 2007 Opinion or Order Filing 32 INTERIM SCHEDULING AND CASE MANAGEMENT ORDER by Judge A. Howard Matz,Last day for hand serving class cert motions and filing 11/5/2007. (see file).(yc, )
April 23, 2007 Filing 34 JOINT Rule 26(B)Report filed; estimated length of trial not indicated on document. (yc, )
April 4, 2007 Opinion or Order Filing 31 STIPULATION AND ORDER by Judge A. Howard Matz : IT IT HEREBY ORDERED that tht paries shall produce lodge and file documents in accordance with the stipulatin for protective order. To the extend this order conflict with this court's standing order re protective orders (if at all). in the event of a dispute the party seeking relief will have to bunden & demonstrating this order should be applied. (yc, )
March 16, 2007 Filing 30 ANSWER to first Amended Complaint, 17 filed by defendants 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co.(yc, )
March 14, 2007 Opinion or Order Filing 29 ORDER by Judge A. Howard Matz,setting rule 16(b) Scheduling Conference 4/30/2007 01:30 PM before Judge A. Howard Matz.(yc, )
March 13, 2007 Filing 28 MINUTES OF IN CHAMBERS ORDER held before Judge Carolyn Turchin the parties' request for a stipulated protective order has been referred to the magistrate judge and is DENIED WITHOUT PREJUDICE [SEE MINUTE ORDER]:Tape #: NA. (dam)
March 13, 2007 PLACED IN FILE - NOT USED re STIPULATION FOR PROTECTIVE ORDER AND [PROPOSED] ORDER submitted by PLAINTIFF Daniel Friedman, Willman Alfaro, Angelica Ramirez.(dam)
March 12, 2007 Opinion or Order Filing 27 STIPULATION AND ORDER by Judge A. Howard Matz extending time to Answer First Amended Complaint 17 ; Defendants 24 Hour Fitness USA, Inc. answer due 3/19/2007; 24 Hour Fitness Worldwide, Inc. answer due 3/19/2007; McCown De Leeuw & Co., Inc. answer due 3/19/2007. (gk, )
February 26, 2007 Filing 26 MINUTES OF Motion Hearing held before Judge A. Howard Matz : regarding Motion to dismiss first amended complaint is denied. Court also declines to stay this action at this time. Court Reporter: Leslie A King. (yc, )
February 16, 2007 Filing 25 SUPPLEMENT request for judicial notice in support of MOTION to Dismiss Case 19 filed by defendants 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. (yc, )
February 16, 2007 Filing 24 REPLY memorandum in support of their MOTION to Dismiss Case 19 filed by plaintiff 24 Hour Fitness USA Inc. (yc, )
February 12, 2007 Filing 23 OBJECTIONS to REQUEST FOR JUDICAL NOTICE 21 filed by Plaintiffs Daniel Friedman, Willman Alfaro. (yc, )
February 12, 2007 Filing 22 MEMORANDUM OF POINTS AND AUTHORITIES in Opposition to MOTION to Dismiss Case 19 filed by PLAINTIFFS Daniel Friedman, Willman Alfaro, Angelica Ramirez. (yc, )
January 26, 2007 Filing 21 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF THEIR MOTION to Dismiss Case 19 filed by defendants' 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. (bp, )
January 26, 2007 Filing 20 MEMORANDUM of Points and Authorities in Support of MOTION to Dismiss Case 19 filed by defendants' 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. (bp, )
January 26, 2007 Filing 19 NOTICE OF MOTION AND MOTION to Dismiss Case First Amended Complaint filed by defendants' 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. Motion set for hearing on 2/26/2007 at 10:00 AM before Judge A. Howard Matz. (bp, )
January 18, 2007 Opinion or Order Filing 18 STIPULATION AND ORDER by Judge A. Howard Matz : That plaintiffs time to fil a motion for class certification be extended up to 7/2/2007 only.(yc, ) Modified on 3/27/2007 (yc, ).
December 21, 2006 Filing 17 FIRST AMENDED COMPLAINT against DEFENDANTS 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co, Does amending Complaint - (Discovery) 1 DEMAND FOR JURY TRIALED,filed by plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez (yc, )
December 21, 2006 Filing 16 CERTIFICATION of Interested Parties filed by Plaintiffs. (yc, )
December 19, 2006 Filing 15 AMENDED PROOF OF SERVICE Executed upon 24 Hour Fitness Worldwide Inc, The Summons and Complaint were served by personal service, by State CCP416.10 statute, upon Rhonda McCarty, person authorized to accept servce of process for prentice hall, Registered Agent for service.. Due Dilligence declaration not attached. Original Summons not returned. (yc, )
December 19, 2006 Filing 14 PROOF OF SERVICE Executed upon McCown, Deleeuw & Co Inc. The Summons and Complaint were served by PERSONAL service, by STATE CCP416.10 statute, upon Vivian Imperial, Person authorized to accept service of process for C.T. Corporation, Registered agent for service.. Due Dilligence declaration not attached. Original Summons not returned. (yc, )
December 18, 2006 Filing 13 PROOF OF SERVICE Executed upon 24 Hour Fitness USA The Summons and Complaint were served by personally service, by State statute, upon Rhonda McCarty, Prentice Hall, Registered agent for service. Due Dilligence declaration not attached. Original Summons not returned. (yc, )
December 18, 2006 Filing 12 PROOF OF SERVICE Executed upon 24 Hour Fitness USA Inc served on 11/6/2006, answer due 11/26/2006. The Summons and Complaint were served by personally service, by State statute, upon Rhonda McCarty, person authorized to accept servifde of process for prentice Hall, Registered agent for service. Due Dilligence declaration not attached. Original Summons not returned. (yc, )
December 18, 2006 Filing 11 PROOF OF SERVICE Executed upon McCown De Leeuw and Co served on 11/3/2006, answer due 11/24/2006. The Summons and Complaint were served by personally service, by State statute, upon Vivian Imperial, person authorized to accept service of process for CT Corporion, registered agent for service.. Due Dilligence declaration not attached. Original Summons not attached. (yc, )
December 18, 2006 Filing 10 PROOF OF SERVICE Executed24 Hour Fitness Worldwide Inc served on 11/6/2006, answer due 11/26/2006. The Summons and Complaint were served by personally delivering service, by Statute not indicated on service statute, upon Rhonda McCarty, person authorized to accept. Due Dilligence declaration not attached. Original Summons not returned. (yc, )
November 17, 2006 Opinion or Order Filing 9 STIPULATION AND ORDER by Judge A. Howard Matz :The parties STIPULATE, AGREE, AND JOINTLY REQUEST that complaint in this actio be extended by 30 days to 12/27/2006 in anticipation that plaintiff will file and serve a first amended complaint prior to that date obviating the need for defendants to plead or otherwise respond to the original compliant; Defendants be permitted 30 days from the date of service of plaintiff's first amended complaint to plead or otherwise respond thereto. (yc, )
November 15, 2006 Filing 8 CERTIFICATION of Interested Parties filed by Defendants 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. (yc, )
October 18, 2006 Filing 5 CORREECTED filed by Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez. correcting Certificate of Interested Parties 2 (yc, )
October 5, 2006 Filing 4 INITIAL ORDER FOLLOWING FILING OF COMPLAINT ASSIGNED TO JUDGE Matz, counsel for plaitniff shall serve this order on all defendants and /or their counsel slong with the summons and complaint, or if that is not pracicable as soon as possible thereafter. (see file for details)(yc, )
October 2, 2006 Filing 7 AFFIDAVIT by affiant: Angelica Ramirez filed by Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez (ir, )
October 2, 2006 Filing 6 AFFIDAVIT by affiant: William Alfaro filed by Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez (ir, )
October 2, 2006 Filing 3 AFFIDAVIT of DANIEL FRIEDMAN filed by Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez (jag, )
October 2, 2006 Filing 2 CERTIFICATE of Interested Parties filed by Plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez. (jag, )
October 2, 2006 Filing 1 COMPLAINT against defendants 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. (Filing fee $350) JURY DEMAND. filed by plaintiffs Daniel Friedman, Willman Alfaro, Angelica Ramirez.(jag, )
October 2, 2006 FAX number for Attorney David B Casselman, Melissa M Harnett is 818-345-0162. (jag, )
October 2, 2006 20-Day Summons Issued re Complaint - (Discovery) 1 as to 24 Hour Fitness USA Inc, 24 Hour Fitness Worldwide Inc, McCown De Leeuw and Co. (jag, )

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Search for this case: Daniel Friedman et al v. 24 Hour Fitness USA Inc et al
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Plaintiff: Luis Riojas
Represented By: Robert L Esensten
Represented By: Carey G Been
Represented By: Gregory B Scarlett
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
Represented By: Kathleen R Scanlan
Represented By: Jordan S Esensten
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Plaintiff: Deborah McKenna
Represented By: Robert L Esensten
Represented By: Carey G Been
Represented By: Gregory B Scarlett
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
Represented By: Kathleen R Scanlan
Represented By: Jordan S Esensten
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Plaintiff: Angelica Ramirez
Represented By: David Bruce Casselman
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
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Plaintiff: Willman Alfaro
Represented By: David Bruce Casselman
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
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Plaintiff: Stephanie Daugherty
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
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Plaintiff: Craig Jones
Represented By: Robert L Esensten
Represented By: Carey G Been
Represented By: Gregory B Scarlett
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
Represented By: Kathleen R Scanlan
Represented By: Jordan S Esensten
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Plaintiff: Kimberly Zander
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
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Plaintiff: Molly Kramer
Represented By: Robert L Esensten
Represented By: Carey G Been
Represented By: Gregory B Scarlett
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
Represented By: Kathleen R Scanlan
Represented By: Jordan S Esensten
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Plaintiff: Daniel Friedman
Represented By: Robert L Esensten
Represented By: David Bruce Casselman
Represented By: Carey G Been
Represented By: Gregory B Scarlett
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
Represented By: Kathleen R Scanlan
Represented By: Jordan S Esensten
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Plaintiff: Thomas Hernan, Jr
Represented By: Robert L Esensten
Represented By: Carey G Been
Represented By: Gregory B Scarlett
Represented By: Jeffrey F Keller
Represented By: Melissa M Harnett
Represented By: Kathleen R Scanlan
Represented By: Jordan S Esensten
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Other: Dennis "Neil&quot Smith, Jr.
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Other: Andrew Smith
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Other: Toni Ozen
Represented By: Joseph Darrell Palmer
Represented By: Janine R Menhennet
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Other: Abiodun Sodipo
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Defendant: 24 Hour Fitness USA Inc
Represented By: James F Basile
Represented By: Page R Barnes
Represented By: Jose-Manuel A De Castro
Represented By: Pamela Louise Johnston
Represented By: Elizabeth Lee Deeley
Represented By: Michael E Delehunt
Represented By: Christopher J Heck
Represented By: Anthony B Lewis
Represented By: Kevin Francis Woodall
Represented By: Nickolas Alexander Kacprowski
Represented By: Tami S Smason
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Defendant: McCown De Leeuw and Co
Represented By: Jose-Manuel A De Castro
Represented By: Michael E Delehunt
Represented By: Tami S Smason
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Defendant: 24 Hour Fitness Worldwide Inc
Represented By: Jose-Manuel A De Castro
Represented By: Michael E Delehunt
Represented By: Tami S Smason
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Defendant: Does 1 - 100
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