Olvera v. Driven Sports, Inc.
Filing
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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)
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.”)
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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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,
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Plaintiffs,
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vs.
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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,
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Defendants.
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MARCUS WAGNER, an individual, on behalf
22 of himself and all others similarly situated,
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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,
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Defendants.
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ORDER PERMITTING PLAINTIFFS TO FILE PROPOSED SECOND AMENDED CLASS ACTION COMPLAINT
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Pursuant to the Joint Stipulation Permitting Plaintiffs to File the Proposed Second
2 Amended Complaint entered into by PLAINTIFFS and Defendants General Nutrition Corporation
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(erroneously sued and served as “General Nutrition Center, Inc.”), Driven Sports, Inc.,
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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,
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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.
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S
R NIA
FO
ER
H
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RT
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NO
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UNITED STATES DISTRICT JUDGE
Chen
ard M.
dge Edw
Ju
LI
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VED
APPRO M. CHEN
EDWARD
A
21
S DISTRICT
TE
C
TA
RT
U
O
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DATED:
9/8/14
UNIT
ED
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N
F
D IS T IC T O
R
C
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ORDER PERMITTING PLAINTIFFS TO FILE PROPOSED SECOND AMENDED CLASS ACTION COMPLAINT
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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”).
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/s/ A. Brooks Gresham
A. Brooks Gresham
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ORDER PERMITTING PLAINTIFFS TO FILE PROPOSED SECOND AMENDED CLASS ACTION COMPLAINT
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