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J OINT DECLARATION ISO REQUEST
TO CONTINUE CERTAIN PRETRIAL DATES

Counsel is listed on the following page







UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

DANA BOSTICK, a California Resident,
ANITA VASKO, a Pennsylvania
resident, J UDI TROTTER, a Washington
resident, BEVERLY MOLNAR, a
Pennsylvania Resident, CHESTER
COTE, a Vermont resident, on behalf of
themselves and all others similarly
situated, and on behalf of the general
public,

Plaintiffs,

v.

HERBALIFE INTERNATIONAL OF
AMERICA, INC., a Nevada Corporation,
HERBALIFE INTERNATIONAL, INC.,
a Nevada Corporation, HERBALIFE
LTD., a Cayman Islands Corporation,

Defendants.
Case No. 13-cv-02488 BRO (RZx)


JOINT DECLARATION OF
JASON W. HARDIN & JOSEPH F.
KROETSCH ON BEHALF OF ALL
PARTIES IN SUPPORT OF
FOURTH REQUEST FOR A
STIPULATED ORDER TO
CONTINUE CERTAIN PRETRIAL
DATES

Hon. Beverly Reid OConnell






Complaint filed: April 8, 2013


Case 2:13-cv-02488-BRO-RZ Document 84-1 Filed 10/17/14 Page 1 of 6 Page ID #:2559
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J OINT DECLARATION ISO REQUEST
TO CONTINUE CERTAIN PRETRIAL DATES

BOIES, SCHILLER & FLEXNER LLP
J onathan D. Schiller (admitted pro hac vice)
jschiller@bsfllp.com
William S. Ohlemeyer (admitted pro hac vice)
wohlemeyer@bsfllp.com
J onathan Sherman (admitted pro hac vice)
jsherman@bsfllp.com
J oseph F. Kroetsch (admitted pro hac vice)
jkroetsch@bsfllp.com
575 Lexington Avenue
New York, NY 10022
Telephone: 212-446-2300
Facsimile: 212-446-2350

David L. Zifkin (SBN 232845)
dzifkin@bsfllp.com
401 Wilshire Boulevard, Suite 850
Santa Monica, CA 90401
Telephone: 310-752-2400
Facsimile: 310-752-2490

Attorneys for Defendants Herbalife International of America, Inc., Herbalife
International, Inc., and Herbalife Ltd.

Philip D. Dracht (SBN 219044)
pdracht@fabianlaw.com
Scott M. Petersen (admitted pro hac vice)
spetersen@fabianlaw.com
J ason W. Hardin (admitted pro hac vice)
jhardin@fabianlaw.com
FABIAN & CLENDENIN
215 South State Street, Suite 1200
Salt Lake City, UT 84151-0210
Telephone: (801) 531-8900
Facsimile: (801) 596-2814

Thomas G. Foley, J r., SBN 65812
tfoley@foleybezek.com
Robert A. Curtis, SBN 203870
rcurtis@foleybezek.com
J ustin P. Karczag, Esq., SBN 223764
jkarczag@foleybezek.com
FOLEY BEZEK BEHLE & CURTIS, LLP
15 West Carrillo Street
Santa Barbara, California 93101
Telephone: (805) 962-9495

Attorneys for Plaintiffs Dana Bostick, Anita Vasko, Judi Trotter, Beverly Molnar,
and Chester Cote.
Case 2:13-cv-02488-BRO-RZ Document 84-1 Filed 10/17/14 Page 2 of 6 Page ID #:2560
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J OINT DECLARATION ISO REQUEST
TO CONTINUE CERTAIN PRETRIAL DATES

J ason W. Hardin and J oseph F. Kroetsch jointly state and declare as follows:
1. I, J ason W. Hardin, am a shareholder at the law firm of Fabian &
Clendenin, and counsel to Plaintiffs in this action. I am one of the attorneys acting
on behalf of Plaintiffs in this action and have been admitted in this case pro hac
vice. I submit this declaration on behalf of all Parties in support of the Fourth
Stipulation Requesting to Continue Certain Pretrial Dates (the Fourth Continuance
Request). I have personal knowledge of facts set out below and could and would
testify competently to those facts if called upon to do so.
2. I, J oseph F. Kroetsch, am an associate at the law firm of Boies, Schiller &
Flexner LLP, counsel to Defendants in this action. I am one of the attorneys acting
on behalf of Defendants in this action and have been admitted in this case pro hac
vice. I too submit this declaration on behalf of all Parties in support of the Fourth
Stipulation Requesting to Continue Certain Pretrial Dates (the Fourth Continuance
Request). I have personal knowledge of facts set out below, and could and would
testify competently to those facts if called upon to do so.
3. We submit this Declaration for the purpose of providing the Court with
good cause justifying the Fourth Continuance Request.
GOOD CAUSE EXISTS FOR A FURTHER CONTINUANCE
4. On March 3, 2014, the Court granted the Parties Stipulation to Continue
Certain Pre-Trial Dates. [Dkt. 65] (the First Continuance). On May 16, 2014,
the Court granted the Parties Second Stipulation to Continue Certain Pre-Trial
Dates. [Dkt. 69] (the Second Continuance). On J uly 7, 2014, Plaintiffs filed
their First Amended Complaint [Dkt. No. 78]. On J uly 22, 2014, the Court granted
the Parties Stipulation to Extend Time for Defendants to Respond to Plaintiffs
First Amended Complaint to August 18, 2014 [Dkt. No. 81]. On August 20, 2014,
the Court granted the Parties Third Stipulation to Continue Certain Pretrial Dates
[Dkt. No. 83].
Case 2:13-cv-02488-BRO-RZ Document 84-1 Filed 10/17/14 Page 3 of 6 Page ID #:2561
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J OINT DECLARATION ISO REQUEST
TO CONTINUE CERTAIN PRETRIAL DATES

5. The procedural history of the case and the Parties mediation efforts prior to
May 14, 2014 are described in the J oint Declaration of J ason W. Hardin and
J onathan Sherman on Behalf of All Parties in Support of Expedited Request for a
Stipulated Order to Continue Certain Pretrial Dates [Dkt No. 68]. Since then, the
parties have participated in further mediation proceedings. Altogether, the Parties
have conducted approximately 90 hours of mediation and settlement sessions
during the past ten months. As part of the mediation process and case preparation,
the Parties also have continued to engage in active discovery and prepared for
litigating the issue of class certification.
6. On August 15, 2014, the Parties informed the Court that, as a result of the
mediation process and the Courts patience as described above, the Parties had
tentatively agreed on the principal terms of a settlement. Since then, the Parties
have continued to work cooperatively to resolve the remaining material issues.
Given the Parties substantial progress to date, the Parties are optimistic about the
results of their efforts.
7. The Parties, however, need a limited amount of additional time to complete
the mediation and settlement process, and, if appropriate, file a joint motion for
preliminary approval of a settlement. To that end, the Parties seek a two (2) week
extension to the Last Day for Hearing on Motion for Class Certification and the
Last Day for Plaintiff to File Motion for Class Certification and a three (3) week
extension to the Last date for Defendants to Respond to the First Amended
Complaint. The Parties are confident they will not need any additional time to
conclude the mediation and settlement process, and, if appropriate, file a joint
motion for preliminary approval of a settlement.
8. Therefore, good cause exists to continue the deadlines for: (1) moving for
class certification (and the class certification briefing schedule); (2) holding a
hearing on Plaintiffs contemplated motion for class certification; and (3)
Case 2:13-cv-02488-BRO-RZ Document 84-1 Filed 10/17/14 Page 4 of 6 Page ID #:2562
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J OINT DECLARATION ISO REQUEST
TO CONTINUE CERTAIN PRETRIAL DATES

responding to Plaintiffs First Amended Complaint, including but not limited to
filing a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6).
9. As before, the Parties anticipate the proposed continuance will not change
the trial date or any date in the Scheduling Order concerning merits discovery.
10. The Parties have determined that their resources should focus on continued
mediation and settlement discussions. This request is consistent with the stated
policy of this District: It is the policy of the Court to encourage disposition of civil
litigation by settlement when such is in the best interest of the parties. The Court
favors any reasonable means to accomplish this goal. Civil L.R. 16-15.
11. Because the requested extension will alter neither the trial date nor the
ultimate discovery deadline, and will provide the parties with additional time to
potentially resolve their dispute through settlement, the parties respectfully submit
that the continuance is in the best interests of the Parties and the Court and should
be granted.
THE PARTIES PROPOSED ORDER
12. The Parties thus seek the Courts permission for an order (the Proposed
Order) continuing certain interim deadlines as described in the accompanying
Stipulation and Proposed Order filed concurrently herewith, and as explained
above.
13. The parties are available at the Courts convenience for the Court's further
consideration of this joint request as the Court may require.

I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed this 17th day of October, 2014 at Salt Lake City, Utah:
/s/ J ason W. Hardin
J ason W. Hardin


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J OINT DECLARATION ISO REQUEST
TO CONTINUE CERTAIN PRETRIAL DATES

I declare under penalty of perjury under the laws of the United States of
America that the foregoing is true and correct.
Executed this 17th day of October, 2014 at Stamford, CT:
/s/ J oseph F. Kroetsch
1

J oseph F. Kroetsch


1
I hereby attest that all other signatories listed, and on whose behalf the filing is
submitted, concur in the filings content and have authorized the filing.
Case 2:13-cv-02488-BRO-RZ Document 84-1 Filed 10/17/14 Page 6 of 6 Page ID #:2564