Hodges

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 WALTER HODGES, on Behalf of CASE NO. 20cv1158-LAB-AHG 11 Himself and on Behalf of All Others Similarly Situated, ORDER:

Plaintiff, 1) GRANTING DEFENDANTS’ vs. EX PARTE MOTION FOR

LEAVE TO FILE REPLY

AMERICAN SPECIALTY HEALTH [Dkt. 37]; INCORPORATED and AMERICAN 2) DISMISSING FIRST

SPECIALTY HEALTH FITNESS, AMENDED COMPLAINT

INC. WITHOUT PREJUDICE; Defendants. and 3) DENYING MOTION TO

DISMISS AS MOOT

[Dkt. 25] Plaintiff Walter Hodges brought this action and behalf of himself and two putative classes against Defendants American Specialty Health Inc. and American Specialty Health Fitness, Inc. Hodges’ First Amended Complaint (“FAC”) alleges that Defendants act as a middleman between their customers and fitness clubs, charging a monthly fee in exchange for basic membership 26…