Davis v. Cole Haan, Inc.

Filing 20

ORDER Granting 19 Stipulation Regarding Allegations. Signed by Judge Jeffrey S. White on June 17, 2011. (jswlc1, COURT STAFF) (Filed on 6/17/2011)

Case3:11-cv-01826-JSW Document19

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Filed06/17/11 Page1 of 4

HARRISON PATTERSON & O’CONNOR LLP
JAMES R. PATTERSON (211102) ([e-mail])
402 West Broadway, 29th Floor
San Diego, CA 92101
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Plaintiff
TAMMIE DAVIS
COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
JENNIFER M. FRENCH (265422) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]
COOLEY LLP
BEATRIZ MEJIA (190948) ([e-mail])
101 California Street, 5th Floor
San Francisco, CA 94111-5800
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
COLE HAAN

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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TAMMIE DAVIS, an individual, on behalf of
herself and all others similarly situated,

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Plaintiff,

Case No. 11-cv-01826-JSW
STIPULATION AND [PROPOSED] ORDER TO
STRIKE CERTAIN ALLEGATIONS IN FIRST
AMENDED COMPLAINT

v.
COLE HAAN, INC. a New York
Corporation; and DOES 1 through 50,
inclusive,
Defendants.

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

CASE NO. 11-CV-01826-JSW

STIPULATION & [PROPOSED] ORDER TO STRIKE CERTAIN ALLEGATIONS IN FAC

Case3:11-cv-01826-JSW Document19

Filed06/17/11 Page2 of 4

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After meeting and conferring regarding (i) allegations relating to injunctive and

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declaratory relief, (ii) allegations relating to “damages” and “restitution and disgorgement,” and

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(iii) the jury demand asserted in the First Amended Complaint (“FAC”), plaintiff Tammie Davis

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and defendant Cole Haan,1 by and through their respective counsel, hereby stipulate and agree

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that the following portions of the FAC should be stricken:


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Page 1, line 14 and generally: the words “[DEMAND FOR JURY TRIAL]” and
plaintiff’s demand for trial by jury generally;

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Page 8, line 9: third paragraph in the Prayer for Relief in its entirety;

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Page 8, lines 10-11: fourth paragraph in the Prayer for Relief in its entirety;

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Page 8, lines 12-13: fifth paragraph in the Prayer for Relief in its entirety; and

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Page 8, line 14: sixth paragraph in the Prayer for Relief in its entirety.

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IT IS SO STIPULATED:

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Dated: June 17, 2011

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HARRISON PATTERSON & O’CONNOR LLP
JAMES R. PATTERSON (211102)

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/s/ James R. Patterson
James R. Patterson

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Attorneys for Plaintiff
TAMMIE DAVIS

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Dated: June 17, 2011

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COOLEY LLP
MICHELLE C. DOOLIN (179445)
BEATRIZ MEJIA (190948)
JENNIFER M. FRENCH (265422)

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/s/ Jennifer M. French
Jennifer M. French

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Attorneys for Defendant
COLE HAAN

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Cole Haan was erroneously sued as “Cole Haan, Inc.”

COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

1.

CASE NO. 11-CV-01826-JSW

STIPULATION & [PROPOSED] ORDER TO STRIKE CERTAIN ALLEGATIONS IN FAC

Case3:11-cv-01826-JSW Document19

Filed06/17/11 Page3 of 4

FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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all parties have concurred in the filing of this Stipulation Regarding Deadline to Respond to

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Complaint.

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Dated: June 17, 2011
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COOLEY LLP
MICHELLE C. DOOLIN (179445)
BEATRIZ MEJIA (190948)
JENNIFER M. FRENCH (265422)

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/s/ Jennifer M. French
Jennifer M. French
Attorneys for Defendant
COLE HAAN

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

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CASE NO. 11-CV-01826-JSW

STIPULATION & [PROPOSED] ORDER TO STRIKE CERTAIN ALLEGATIONS IN FAC

Case3:11-cv-01826-JSW Document19

Filed06/17/11 Page4 of 4

[PROPOSED] ORDER

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Having considered the stipulation filed by plaintiff Tammie Davis and defendant Cole

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Haan, and good cause appearing, the following portions of the First Amended Complaint shall be

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stricken:

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

Page 1, line 16 and generally: the words “[DEMAND FOR JURY TRIAL]” and
plaintiff’s demand for trial by jury generally;

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

Page 6, line 20: third paragraph in the Prayer for Relief in its entirety;

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

Page 6, lines 21-22: fourth paragraph in the Prayer for Relief in its entirety;

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

Page 6, lines 23-24: fifth paragraph in the Prayer for Relief in its entirety; and

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

Page 6, line 25: sixth paragraph in the Prayer for Relief in its entirety.

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PURSUANT TO STIPULATION, IT IS SO ORDERED.
Dated: June 17, 2011
THE HONORABLE JEFFREY S. WHITE
UNITED STATES DISTRICT JUDGE

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COOLEY LLP
ATTORNEYS AT LAW
SAN DIEGO

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CASE NO. 11-CV-01826-JSW

STIPULATION & [PROPOSED] ORDER TO STRIKE CERTAIN ALLEGATIONS IN FAC