62 East Gay Street

P.O. Box 1008

Columbus, Ohio 43216-1008

Vorys, Sater, Seymour and Pease llp

Legal Counsel

614.464.6400 | www.vorys.com
Founded 1909

Kenneth J. Rubin
(614) 464-6692
Direct Dial
(614) 719-4796
Direct Fax
Email kjrubin@vorys.com

November 23, 2016

VTA OVERNIGHT CARRIER
Honorable Scott S. Harris
Clerk of the Court
Supreme Court of the United States
One First St., NE
Washington, DC 20543
Re:

Request for Extension of Time to File Responses to Petitions for

Certiorari in Joshua Blackman v. Amber Gascho, Individually
and on Behalf of All Others Similarly Situated, et al., No. 16
364; Robert J. Zik, et al., v. Amber Gascho, Individually and on
Behalf of All Others Similarly Situated, et al., No. 16-383

Dear Mr. Harris:

Pursuant to Supreme Court Rule 30.4,1 write to request a 30-day extension
of time, to and including January 16, 2017 (January 14 being a Saturday), within
which to file a brief in opposition to the petitions for a writ of certiorari filed in the
above-cited cases. The petitions for writs of certiorari in Blackman and Zik were
filed on September 19, 2016, and September 16, 2016, respectively. On November
15, 2016, the Court requested a response to both petitions. The responses are
currently due on December 15, 2016.
I am counsel of record for the Respondents Amber Gascho et al. and will have
significant responsibility for the briefs in opposition to the petitions for a writ of
certiorari. I am requesting this extension in order to provide sufficient time to
prepare a brief in opposition while also meeting other professional obligations that
predate the Courts request for a response. In particular, I am scheduled for a
three-week trial beginning on December 5, 2016, and will therefore be unable to
give adequate attention to the opposition briefs until after the trial ends on or
around December 23, 2016. An extension would allow me to meet my existing

Columbus

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Cleveland |

Cincinnati | Akron |

Houston | Pittsburgh

VDRYS
Honot^BS^btt S. Harris
November 23, 2016
Page 2

professional obligations and file a response that appropriately addresses the

petitions for certiorari under consideration by this Court.
We have contacted counsel for Petitioners Blackman and Zik and Respondent
Global Fitness Holdings, LLC, and each has consented to this request for a 30-day
extension.
Thank you for your consideration.
Sinpeyely;

Kenneth J. Rubin
KJR/amr
cc:

See attached Certificate of Service

VD RYS
Legal Counsel

CERTIFICATE OF SERVICE
I, Kenneth J. Rubin, a member of the Supreme Court Bar, hereby certify that
copies of the foregoing Request for Extension of Time to File Responses to Petitions
for Certiorari were served on:
Joshua Blackman
Houston College of Law
1303 San Jacinto Street
Houston, TX 77002
(202) 294-9003
Counsel for Joshua Blackman
Joshua T. Rose
Craig Henry PLC
239 South Fifth Street
Suite 1400
Louisville, KY 40202
(502) 614-5962
Counsel for Robert J. Zik, April Zik, and James Michael Hearon
Pierre H. Bergeron
Squire Patton Boggs (US) LLP
2550 M Street, N.W.
Washington, D.C. 20037
(202) 457-6000
Counsel for Global Fitness Holdings, LLC
Service was made by first-class mail postage prepaid on November 23, 2016.
iy

Kenneth J. Rubin
Counsel of Record for Respondents
Amber Gascho, et al.
Vorys, Sater, Seymour and Pease LLP
52 East Gay Street
Columbus, OH 43215
(614) 464-5692
kjrubin@vorys. com