Chavez et al v. Lumber Liquidators, Inc.

Filing 19

STIPULATION AND ORDER to file a second amended complaint and terminating defendant's motion to dismiss and strike currently scheduled for 2/5/10. Signed by Judge Samuel Conti on 1/21/10. (tdm, COURT STAFF) (Filed on 1/21/2010)

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ROBERT TAFOYA, Esq. [California Bar No. 194444] [e-mail] DAVID GARCIA, Esq. [California Bar No. 218356] [e-mail] TAFOYA & GARCIA LLP 205 S. Broadway, Suite 300 Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] LARRY W. LEE (State Bar No. 228175) DIVERSITY LAW GROUP, A Professional Corporation 444 S. Flower Street Citigroup Center · Suite 1370 Los Angeles, California 90071 [phone] [phone] facsimile [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CRELENCIO CHAVEZ and JOSE ZALDIVAR, an individual and on behalf of all others similarly situated, Plaintiffs, vs. LUMBER LIQUIDATORS, INC. a Delaware corporation; and DOES 1 through 20, inclusive, Defendants. Case No.: C-09-04812 SC JOINT STIPULATION TO FILE SECOND AMENDED COMPLAINT

The parties, by and through their counsel of record, hereby stipulate and agree as follows: WHEREAS, on or about September 3, 2009, Plaintiffs Crelencio Chavez and Jose Zaldivar ("Plaintiffs") filed a class action complaint against Defendant Lumber Liquidators, Inc. ("Defendant") in the Superior Court of California, County of San Francisco;

1 JOINT STIPULATION TO FILE SECOND AMENDED COMPLAINT

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WHEREAS, on or about October 14, 2009, Defendant removed the instant action to the United States District Court, Northern District; WHEREAS, on or about October 19, 2009, Defendant filed a Motion to Dismiss or in the Alternative Motion to Strike; WHEREAS, on or about November 24, 2009, Plaintiffs filed their First Amended Complaint; WHEREAS, on or about December 8, 2009, Defendant filed a Motion to Dismiss and Motion to Strike Plaintiffs' First Amended Complaint, which is scheduled to be heard on February 5, 2010; WHEREAS the parties, through their counsel of record, have met and conferred regarding Plaintiffs' filing of a Second Amended Complaint in lieu of proceeding with the hearing on Defendant's currently pending motion; WHEREAS a copy of Plaintiffs' Proposed Second Amended Complaint is attached hereto as Exhibit "A"; IT IS HEREBY STIPULATED by the parties herein, through their counsel of record, as follows: 1. Upon entry of this Stipulation, Plaintiffs shall be granted leave to file the attached

Second Amended Complaint. 2. Defendant shall file its responsive pleading either within thirty (30) days after the

Second Amended Complaint is filed or by February 19, 2010, whichever date is later. 3. Defendant's Motion to Dismiss and Motion to Strike, currently scheduled for

hearing on February 5, 2010, is hereby withdrawn and taken off calendar. SO STIPULATED. Dated: January 12, 2010 DIVERSITY LAW GROUP

By:

_________/s/____________ Larry W. Lee, Esq. Attorneys for Plaintiffs

2 JOINT STIPULATION TO FILE SECOND AMENDED COMPLAINT

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3 JOINT STIPULATION TO FILE SECOND AMENDED COMPLAINT

Dated: January 12, 2010

MORGAN, LEWIS & BOCKIUS LLP

By:

_________/s/____________ Eric Meckley, Esq. Attorney for Defendant

I, Larry W. Lee, attest that I have obtained concurrence from Eric Meckley in the filing of this Stipulation. See N.D. Cal. General Order 45 § 10(B).

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ROBERT TAFOYA, Esq. [California Bar No. 194444] [e-mail] DAVID GARCIA, Esq. [California Bar No. 218356] [e-mail] TAFOYA & GARCIA LLP 205 S. Broadway, Suite 300 Los Angeles, CA 90071 Telephone: [phone] Facsimile: [phone] LARRY W. LEE (State Bar No. 228175) DIVERSITY LAW GROUP, A Professional Corporation 444 S. Flower Street Citigroup Center · Suite 1370 Los Angeles, California 90071 [phone] [phone] facsimile [e-mail] Attorneys for Plaintiffs UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA CRELENCIO CHAVEZ and JOSE ZALDIVAR, an individual and on behalf of all others similarly situated, Plaintiffs, vs. LUMBER LIQUIDATORS, INC. a Delaware corporation; and DOES 1 through 20, inclusive, Defendants. Case No.: C-09-04812 SC [PROPOSED] ORDER GRANTING JOINT STIPULATION TO FILE SECOND AMENDED COMPLAINT

The parties having so stipulated, and GOOD CAUSE APPEARING THEREFORE, it is hereby ordered that: 1. Upon entry of this Stipulation, Plaintiffs shall be granted leave to file their Second

Amended Complaint. 2. Defendant shall file its responsive pleading either within thirty (30) days after the

1 [PROPOSED] ORDER GRANTING JOINT STIPULATION TO FILE SECOND AMENDED COMPLAINT

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Second Amended Complaint is filed or by February 19, 2010, whichever date is later. 3. Defendant's Motion to Dismiss and Motion to Strike, currently scheduled for

hearing on February 5, 2010, is hereby withdrawn and taken off calendar.

IT IS SO ORDERED

1/21/10 Dated: _________________________
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O O Samuel Conti The Honorable RDE IT IS S United States District Court Judge
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