Olvera v. Driven Sports, Inc.

Filing 70

STIPULATION AND ORDER re 69 STIPULATION WITH PROPOSED ORDER Joint Stipulation Permitting Plaintiffs to File the Proposed Second Amended Complaint filed by General Nutrition Center, Inc.. Signed by Judge Edward M. Chen on 9/8/14. (bpf, COURT STAFF) (Filed on 9/8/2014)

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1 MCGUIREWOODS LLP A. BROOKS GRESHAM SBN #155954 2 BLAKE S. OLSON SBN # 277293 1800 Century Park East, 8th Floor 3 Los Angeles, CA 90067-1501 Telephone: 310.315.8200 4 Facsimile: 310.315.8210 bgresham@mcguirewoods.com 5 bolson@mcguirewoods.com 6 Attorneys for Defendant General Nutrition Corporation (erroneously sued and served as “General Nutrition Center, Inc.”) 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 SHANTELL OLVERA; DUONG LE; MARK WOLFE; BRYAN NOFFSINGER; JULIAN 12 KADARIAN; JAMES VENTRE JR.; ERIK SICKINGER; WILLIAM HALL JR.; 13 ROBERTO IRIONDO; MELVIN BISHOP; HENRY CHORLIAN II; and JEFF CRITES, 14 on behalf of themselves and all others similarly situated, 15 Plaintiffs, 16 vs. 17 DRIVEN SPORTS, INC., a New York 18 corporation; BODYBUILDING.COM, LLC; GENERAL NUTRITION CENTER, INC.; 19 SPORTS NUTRITION RESEARCH, LTD; and DOES 1 through 10, inclusive, 20 Defendants. 21 MARCUS WAGNER, an individual, on behalf 22 of himself and all others similarly situated, 23 24 CASE NO. 3:13-cv-04830-EMC The Hon. Edward M. Chen [PROPOSED] ORDER PERMITTING PLAINTIFFS TO FILE PROPOSED SECOND AMENDED CLASS ACTION COMPLAINT Complaint Filed: November 12, 2013 Plaintiff, vs. 25 DRIVEN SPORTS, INC., GENERAL NUTRITION CENTER, INC., and DOES 1 26 through 50, inclusive, 27 Defendants. 28 ORDER PERMITTING PLAINTIFFS TO FILE PROPOSED SECOND AMENDED CLASS ACTION COMPLAINT 1 Pursuant to the Joint Stipulation Permitting Plaintiffs to File the Proposed Second 2 Amended Complaint entered into by PLAINTIFFS and Defendants General Nutrition Corporation 3 (erroneously sued and served as “General Nutrition Center, Inc.”), Driven Sports, Inc., 4 5 Bodybuilding.com, LLC, and Sports Nutrition Research, Ltd., (collectively hereinafter as 6 “DEFENDANTS”) (PLAINTIFFS and DEFENDANTS collectively as the “Parties”) by and 7 through their counsel of record, and good cause appearing therefore, 8 9 10 11 12 13 14 15 16 17 It is hereby ORDERED that: 1. PLAINTIFFS are permitted to file the Proposed Second Amended Class Action Complaint clarifying their allegations against Defendant Bodybuilding.com, LLC, which is attached as Exhibit C to the Parties Joint Stipulation filed herewith. 2. PLAINTIFFS’ Proposed Second Amended Class Action Complaint shall not change, alter, or revise any of the allegations against any of the DEFENDANTS except for Defendant Bodybuilding.com, LLC. 3. PLAINTIFFS’ Proposed Second Amended Class Action Complaint shall not incorporate or allege any new or additional allegations against any of the DEFENDANTS except for Defendant Bodybuilding.com, LLC. 18 26 S R NIA FO ER H 25 RT 24 NO 23 UNITED STATES DISTRICT JUDGE Chen ard M. dge Edw Ju LI 22 VED APPRO M. CHEN EDWARD A 21 S DISTRICT TE C TA RT U O 20 DATED: 9/8/14 UNIT ED 19 N F D IS T IC T O R C 27 28 2 ORDER PERMITTING PLAINTIFFS TO FILE PROPOSED SECOND AMENDED CLASS ACTION COMPLAINT 1 2 CERTIFICATE OF SERVICE I hereby certify that on September 5, 2014, I electronically filed the foregoing with the 3 Clerk of the Court using the Court’s electronic filing system (“CM/ECF”) system and served a 4 copy of same upon all counsel of record via the Court’s electronic efiling notification system 5 (“NEF”). 6 /s/ A. Brooks Gresham A. Brooks Gresham 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 ORDER PERMITTING PLAINTIFFS TO FILE PROPOSED SECOND AMENDED CLASS ACTION COMPLAINT

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