Dei Rossi, et al v. Whirlpool Corporation, et al

Filing 30

STIPULATION and ORDER SUBSTITUTING PARTIES signed by Judge John A. Mendez on 5/7/12 ORDERING that defendant Best Buy Company, Inc. is DISMISSED as a defendant in this lawsuit, without prejudice. Best Buy Stores, LP is substituted as a named defendant and will be deemed to be served as of the date of service on Best Buy Company. (Mena-Sanchez, L)

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BURSOR & FISHER, P.A.
L. Timothy Fisher (State Bar No. 191626)
Sarah N. Westcot (State Bar No. 264916)
1990 North California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
[e-mail]
BURSOR & FISHER, P.A.
Scott A. Bursor (State Bar No. 276006)
369 Lexington Ave., 10th Floor
New York, NY 10017
Telephone: [phone]
Facsimile: [phone]
Email: [e-mail]
Attorneys for Plaintiffs
(additional counsel listed on signature page)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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KYLE DEI ROSSI and MARK LINTHICUM, on
behalf of themselves and those similarly situated,

Hon. John A. Mendez
Plaintiffs,

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Case No. 2:12-CV-00125-JAM-JFM

v.

STIPULATION AND ORDER
SUBSTITUTING PARTIES

WHIRLPOOL CORPORATION, PACIFIC SALES
KITCHEN AND BATH CENTERS, INC. AND
BEST BUY COMPANY, INC.,
Defendants.

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STIPULATION AND [PROPOSED] ORDER SUBSTITUTING PARTIES
CASE NO. 2:12-CV-00125-JAM-JFM

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Plaintiffs filed a Class Action Complaint (“Complaint”) against Defendants Whirlpool

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Corporation (“Whirlpool”), Pacific Sales Kitchen and Bath Centers, Inc. (“Pacific Sales”), and Best

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Buy Company, Inc. (collectively “Defendants”) on January 17, 2012.

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Plaintiffs were recently informed that the Best Buy entity named in the Complaint, Best

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Buy Company, Inc., is the incorrect name of the intended defendant. Defendants agree that Best

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Buy Stores, LP, a wholly owned subsidiary of Best Buy Co., Inc., is the correct defendant, as Best

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Buy Stores, LP is responsible for the sale of the appliances at issue in this action. Defendants

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further agree that Best Buy Stores, LP has sufficient financial resources to cover any judgment

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entered by this Court in this action.

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Plaintiffs agree to voluntarily dismiss Best Buy Company, Inc. as a defendant in the above-

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captioned lawsuit, without prejudice. Best Buy Stores, LP agrees to be substituted as a named

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defendant in this lawsuit, and will be deemed to be served as of the date of service on Best Buy

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Company, Inc.

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Any and all claims or causes of action, if any, by Plaintiffs against Best Buy Company, Inc.

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and Best Buy Co., Inc. relating to the subject matter of this lawsuit shall be tolled from the filing

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date of this lawsuit until the date that any of the Best Buy entities is no longer a party to this

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lawsuit.

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Nothing in the parties’ agreement shall be construed as an admission, denial or waiver by

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any of the parties as to any of the Plaintiffs’ claims against the Best Buy entities or any of the Best

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Buy entities’ defenses, including, without limitation, jurisdictional and venue challenges to

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Plaintiffs’ claims. If Plaintiffs seek to add any Best Buy entity as a named defendant, Plaintiffs

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shall be entitled to assert any and all available claims, and the Best Buy entities shall be entitled to

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assert any and all available defenses and counterclaims, including, without limitation, jurisdictional

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and venue challenges.

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With respect to discovery, Best Buy Stores, LP shall not object to any discovery

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propounded by Plaintiffs on the ground that the requested documents, data or information are in the

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possession, custody or control of the Best Buy Company, Inc. or Best Buy Co., Inc. For purposes

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PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS
2:12-CV-00125-JAM-JFM

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of allowing Best Buy Stores, LP to fully respond to Plaintiffs’ discovery requests, Best Buy

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Company, Inc. or Best Buy Co., Inc. shall grant Best Buy Stores, LP access to and control over any

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documents, data and information in their possession, custody and control. Any discovery request

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propounded by Plaintiffs on Best Buy Stores, LP shall also encompass any documents, data and

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information in the possession, custody and control of Best Buy Company, Inc. or Best Buy Co.,

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Inc. Best Buy Stores, LP does not waive any right to object to Plaintiffs’ discovery on any other

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grounds.

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Dated: May 7, 2012

Respectfully submitted,

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By:

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/s/ Sarah N. Westcot
Sarah N. Westcot

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BURSOR & FISHER, P.A.
L. Timothy Fisher (State Bar No. 191626)
Sarah N. Westcot (State B ar No. 264916)
1990 N. California Blvd., Suite 940
Walnut Creek, CA 94596
Telephone: [phone]
Facsimile: [phone]
E-Mail:
[e-mail]
[e-mail]
Attorneys for Plaintiffs

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By: /s/

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Galen D. Bellamy
Galen D. Bellamy

WHEELER TRIGG O’DONNELL LLP
Galen D. Bellamy (State Bar No. 231792)
1801 California Street, Suite 3600
Denver, Colorado 80202
Telephone: [phone]
Facsimile:
[phone]
Email:
[e-mail]
Attorneys for Defendants and Best Buy Stores, LP

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IT IS SO ORDERED.

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Dated: May 7, 2012

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/s/ John A. Mendez____________
Hon. John A. Mendez
United States District Court Judge

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PLAINTIFFS’ MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS’
MOTION TO DISMISS
2:12-CV-00125-JAM-JFM

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