IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA
December 16, 2011
GABE BEAUPERTHUY, ET AL.,
24 HOUR FITNESS USA, INC., A CALIFORNIA CORPORATION DBA 24 HOUR
FITNESS; SPORT AND FITNESS CLUBS OF AMERICA, INC., A CALIFORNIA CORPORATION DBA 24 HOUR FITNESS, DEFENDANTS.
ORDER RE PLAINTIFFS' MOTION
TO RELATE CASES; MOTIONS TO
SHORTEN TIME; MOTION FOR
TEMPORARY RESTRAINING ORDER; MOTION FOR PRELIMINARY INJUNCTION
Before the Court are the following six motions filed by Plaintiffs Gabe Beauperthuy, et al., ("Plaintiffs") against Defendants 24 Hour Fitness USA, Inc. and Sport and Fitness Clubs of 18 America, Inc. (collectively "24 Hour Fitness" or "Defendants"):
Plaintiffs' Motion to Relate Cases, ECF No. 461; Plaintiffs' Motion 20 to Shorten Time on Motion to Relate Cases, ECF No. 462; Plaintiffs' 21 Motion for a Temporary Restraining Order ("TRO"), ECF No. 458; 22 Plaintiffs' Motion for a Preliminary Injunction, ECF No. 463; and 23 Plaintiffs' Motion to Shorten Time on Motion for Preliminary 24 Injunction, ECF No. 464. 25
Plaintiffs state that they have recently filed in this 26 district individual Petitions to Compel Arbitration on behalf of 27 273 claimants who were former class members in this action. 28 Plaintiffs state that Defendants have recently filed and are continuing to file petitions to compel arbitration as to the same 2 claimants in various district courts throughout the country (the 3 "later-filed actions"). Plaintiffs note that Defendants have 4 received motion dates as early as December 30, 2011 in some of the 5 later filed actions and therefore seek to have this Court enjoin 6 those actions prior to December 30, 2011. 7 8 immediately grant their Motion to Relate Cases and schedule a 9 hearing on their Motion for a TRO at the soonest possible date; 10 issue a TRO at that hearing enjoining Defendants from continuing to file or prosecute petitions to compel arbitration outside of this 12 jurisdiction; hold a hearing on their motion for preliminary 13 injunction prior to December 30, 2011 and issue a preliminary 14 injunction barring further proceedings in the later-filed actions; 15 and, hold a hearing on the merits of the related petitions prior to 16 Plaintiffs argue that this urgent pace is necessary to prevent 18 them from having to defend their status as the first-filed action 19 in dozens of courts across the country, hire local counsel in each 20 district, and to prevent the relitigation of issues already decided 21 in this Court's prior rulings, such as whether Plaintiffs' claims 22 are time-barred and whether Plaintiffs followed the proper 23 procedures for requesting arbitration. 24 Cases is DENIED. Defendants shall be afforded the four days to 26 oppose the Motion to Relate provided in Civil Local Rules 3-12(e) 27 and 7-11(b), and the Court will rule on the Motion to Relate within 28 the fourteen day window provided by Civil Local Rule 3-12(f)(2).
In total, Plaintiffs ask the Court to do the following:
December 30, 2011. 17
Plaintiffs' Motion to Shorten Time on the Motion to Relate
After ruling on the Motion to Relate, the Court will set
appropriate dates for hearings on Plaintiffs' Motion for TRO and
Motion for a Preliminary Injunction.
IT IS SO ORDERED.
UNITED STATES DISTRICT JUDGE
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