Page 1 - Plaintiff’s Unopposed Motion to Extend Time to Respond to Defendants’ Motions to 

Dismiss

SLINDE NELSON STANFORD 111 S.W. FIFTH AVENUE, SUITE 1940

PORTLAND, OREGON 97204

P. 503.417.777; F 503.417.4250

DARIAN A. STANFORD, OSB No. 994491

darian@slindenelson.com

R. HUNTER BITNER, OSB No. 011146

hunter@slindenelson.com

SLINDE NELSON STANFORD

111 SW Fifth Avenue, Suite 1940

Portland, OR 97204

Telephone: 503-417-7777

Fax: 503-417-4250

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF OREGON

EUGENE DIVISION

KASSIE MERRITT, individually and on 

behalf of all others similarly situated,

Plaintiff,

v.

YAVONE LLC, a California limited 

liability company, HEALTHY CHOICE 

LABS, LLC, a Nevada limited liability 

company, and GLOBAL PRO SYSTEM, 

INC., a Nevada corporation,

Defendants.

Case No. 6:15-cv-00269-TC

PLAINTIFF’S UNOPPOSED MOTION TO 

EXTEND TIME TO RESPOND TO 

DEFENDANTS’ MOTIONS TO DISMISS
Page 2 - Plaintiff’s Unopposed Motion to Extend Time to Respond to Defendants’ Motions to 

Dismiss

SLINDE NELSON STANFORD 111 S.W. FIFTH AVENUE, SUITE 1940

PORTLAND, OREGON 97204

P. 503.417.777; F 503.417.4250

LOCAL RULE 7.1 CERTIFICATION

The undersigned certify that counsel for Plaintiff Kassie Merritt (“Merritt” or 

“Plaintiff”) and Defendants Healthy Choice Labs, LLC (“Healthy Choice Labs”) and Global Pro 

System, Inc. (“Global Pro System”) (Healthy Choice Labs and Global Pro System together, 

“Defendants”) (Plaintiff and Defendants together, the “Parties”) conferred prior to the filing of 

this motion and that Defendants do not oppose the relief requested herein. Despite having been 

served on February 20, 2015, Defendant Yavone, LLC (“Yavone”) has not yet filed an 

appearance or, to the undersigned’s knowledge, retained counsel in this Action, and the Parties 

have therefore been unable to confer with Yavone regarding the relief sought herein.

MOTION

Pursuant to Local Rule 16-3, Plaintiff Merritt, by and through her undersigned 

counsel and without opposition from Defendants Healthy Choice Labs and Global Pro System, 

hereby moves the Court to enter an Order briefly extending her deadline to respond to 

Defendants Global Pro System’s and Healthy Choice Labs’ Motions to Dismiss. In support of 

the instant motion, Plaintiff states as follows:

1. Plaintiff filed the Action on February 16, 2015. (Dkt. 1.)

2. On June 8, 2015, Defendants Healthy Choice Labs and Global Pro 

Systems filed their motions to dismiss Merritt’s Class Action Complaint. (Dkts. 32, 33.)

3. Pursuant to Local Rule 7-1(e)(1), Merritt’s deadline to oppose the 

Defendants’ motions to dismiss is June 22, 2015.

4. Since Defendants filed their motions, the Parties (that have appeared to 

date) have continued their ongoing dialogue regarding their respective views of the claims and 
Page 3 - Plaintiff’s Unopposed Motion to Extend Time to Respond to Defendants’ Motions to 

Dismiss

SLINDE NELSON STANFORD 111 S.W. FIFTH AVENUE, SUITE 1940

PORTLAND, OREGON 97204

P. 503.417.777; F 503.417.4250

defenses at issue, as well as an informal exchange of information. In light of those ongoing 

discussions and despite the fact that Plaintiff has worked diligently to review and analyze the 

arguments asserted in the pending motions to dismiss, Plaintiff requires a brief three (3) week 

extension of her current response deadline to complete those efforts and prepare an appropriate 

response to the motions. 

5. Accordingly, Plaintiff’s counsel has conferred with counsel for 

Defendants and is authorized to state that Defendants have no opposition to an extension of the 

current briefing schedule, such that Plaintiff’s responses are due no later than July 13, 2015 and 

Defendants’ replies are due no later than July 27, 2015.

6. Plaintiff does not intend to seek any further extensions of these deadlines. 

7. Based on the foregoing, good cause exists to grant the instant motion, the 

relief requested herein is not sought for any improper purpose, and the extension will not affect 

any other existing deadlines in this Action. 

CONCLUSION

Plaintiff Kassie Merritt, without opposition from Defendants Healthy Choice 

Labs, LLC and Global Pro System, Inc., respectfully requests that the Court enter an Order (i) 

granting the instant motion, (ii) extending her deadline to file oppositions to Defendants’ motions 

to dismiss from June 22, 2015 to July 13, 2015, and likewise extending Defendants’ deadlines to 

file replies in support of their Motions from July 6, 2015 to July 27, 2015; and (iii) awarding 

such other and further relief as the Court deems reasonable and just. 

DATED this 18th day of June, 2015.
Page 4 - Plaintiff’s Unopposed Motion to Extend Time to Respond to Defendants’ Motions to 

Dismiss

SLINDE NELSON STANFORD 111 S.W. FIFTH AVENUE, SUITE 1940

PORTLAND, OREGON 97204

P. 503.417.777; F 503.417.4250

KASSIE MERRITT, individually and on behalf of 

all others similarly situated,

/s/ Courtney C. Booth

 One of Plaintiff’s Attorneys

J Darian A. Stanford, OSB No. 994491

darian@slindenelson.com

R. Hunter Bitner, OSB No. 011146

hunter@slindenelson.com

SLINDE NELSON STANFORD

111 SW Fifth Avenue, Suite 1940

Portland, OR 97204

Telephone: 503-417-7777

Fax: 503-417-4250

Rafey S. Balabanian (Admitted Pro Hac Vice)

rbalabanian@edelson.com

Benjamin H. Richman (Admitted Pro Hac Vice)

brichman@edelson.com

Courtney C. Booth (Admitted Pro Hac Vice)

cbooth@edelson.com

EDELSON PC

350 North LaSalle Street, Suite 1300

Chicago, Illinois 60654

Tel: 312.589.6370

Fax: 312.589.6378
Page 1 - Certificate of Service

SLINDE NELSON STANFORD 111 S.W. FIFTH AVENUE, SUITE 1940

PORTLAND, OREGON 97204

P. 503.417.777; F 503.417.4250

CERTIFICATE OF SERVICE

I hereby certify that I served the foregoing Plaintiff’s Unopposed Motion to 

Extend Time to Respond to Defendants’ Motions to Dismiss on:

Joshua M. Sasaki, P.C., OSB No. 964182

josh.sasaki@millernash.com

Jonathan H. Singer, OSB No. 105048

jonathan.singer@millernash.com

MILLER NASH GRAHAM & DUNN LLP

3400 U.S. Bancorp Tower

111 S.W. Fifth Avenue

Portland, Oregon 97204

Telephone: 503.224.5858

Facsimile: 503.224.0155

Attorneys for Defendants Global Pro System, 

Inc. and Healthy Choice Labs, LLC

by the following indicated method or methods on the date set forth below:

ý CM/ECF system transmission.

 ̈ E-mail. As required by Local Rule 5.2, any interrogatories, requests for 

production, or requests for admission were e-mailed in Word or WordPerfect 

format, not in PDF, unless otherwise agreed to by the parties.

 ̈ Facsimile communication device.

 ̈ First-class mail, postage prepaid.

 ̈ Hand-delivery.

 ̈ Overnight courier, delivery prepaid.

DATED this 18th day of June, 2015.

/s/ Courtney C. Booth

Courtney C. Booth

Attorneys for Plaintiff, KASSIE MERRITT, 

individually and on behalf of all others similarly 

situated