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08-169 - Apex, LLC et al v. 24 Hour Fitness USA, Inc.

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08-169 - Apex, LLC et al v. 24 Hour Fitness USA, Inc.
August 15, 2008
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REPORT AND RECOMMENDATIONS recommending that the Motion to Dismiss or Stay be granted to the extent that proceedings in this action be stayed pending a determination by the United States District Court for the Northern District of California whether the prior filed action should proceed 14 MOTION to Dismiss ,or Alternatively to Stay, Pursuant to Rule 12(b)(3) and 28 U.S.C. 1406(a) filed by 24 Hour Fitness USA, Inc. Objections to R&R due by 8/29/2008. So Ordered by Magistrate Judge David L. Martin on 8/15/08. (Noel, Jeannine)
September 9, 2008
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ORDER adopting Report and Recommendations re 29 Report and Recommendations.; granting in part and denying in part 14 Motion to Dismiss; case is stayed pending decision on a prior action in the Northern District of California- So Ordered by Chief Judge Mary M Lisi on 9/8/08. (Barletta, Barbara)