Ramos v. AM Retail Group, Inc.

Filing 8

ORDER by Magistrate Judge Maria-Elena James granting 7 Stipulation to Transfer Venue. (rmm2S, COURT STAFF) (Filed on 8/3/2016)

1 SEDGWICK LLP
STEPHANIE A. SHERIDAN, State Bar No. 135910
2 [e-mail]
ANTHONY J. ANSCOMBE, State Bar No. 135883
3 [e-mail]
MEEGAN B. BROOKS, State Bar No. 298570
4 [e-mail]
333 Bush Street, 30th Floor
5 San Francisco, CA 94104-2834
Telephone: [phone]
6 Facsimile: 415.781.2635
7 Attorneys for Defendant
AM Retail Group, Inc.
8
Gene J. Stonebarger, State Bar No. 209461
9 Richard D. Lambert, State Bar No. 251148
STONEBARGER LAW
10 A Professional Corporation
11 75 Iron Point Circle, Ste. 145
Folsom, CA 95630
12 Telephone [phone]
Facsimile [phone]
13
Thomas A. Kearney, State Bar No. 90045
14 Prescott W. Littlefield, State Bar No. 259049
KEARNEY LITTLEFIELD LLP
15 3436 N. Verdugo Rd, Suite 230
16 Glendale, AA 91208
Telephone [phone]
17 Facsimile (2l3) 473-1919
18 Attorneys for Plaintiff
Maria Ramos
19
UNITED STATES DISTRICT COURT
20
NORTHERN DISTRICT OF CALIFORNIA
21
MARIA RAMOS, on behalf of herself and all
22 others similarly situated,
Plaintiff,

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v.

CASE NO. 3:16-cv-04316-MEJ
STIPULATION AND [PROPOSED]
ORDER TO TRANSFER VENUE OF
ACTION TO EASTERN DISTRICT OF
CALIFORNIA

25 AM Retail Group, Inc., a Delaware
Corporation; and DOES 1-100, inclusive,
26
Defendant.
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83595606v2

CASE NO. 3:16-cv-04316-MEJ
JOINT STIPULATION AND ORDER TO TRANSFER VENUE

1

THE PARTIES, by and through their respective counsel of record, herein stipulate as

2 follows:
3

WHEREAS, on June 1, 2016, Plaintiff Maria Ramos (“Plaintiff”) filed her Complaint for

4 alleged violations of California’s Unfair Competition Law (Bus. & Prof. Code § 17200 et seq.),
5 False Advertising Law (Bus. & Prof. Code § 17500 et seq.), and Consumer Legal Remedies Act
6 (Civ. Code § 1750 et seq.) with the Superior Court for the State of California County of San
7 Francisco against Defendant AM Retail Group, Inc. (“Defendant”);
8

WHEREAS, there is no connection between the allegations giving rise to Plaintiff’s causes

9 of action and the Northern District of California;
10

WHEREAS, Defendant currently is, and at the time this action was commenced, was a

11 Delaware corporation with its principal place of business in Minnesota;
12

WHEREAS, Plaintiff currently is, and at the time this action was commenced, was a

13 resident of El Dorado County, within the Eastern District of California;
14

WHEREAS, the alleged conduct forming the basis of Plaintiff’s action and her alleged

15 injuries all occurred solely in Folsom, California, County of Sacramento, within the Eastern
16 District of California;
17

WHEREAS, all of the potential witnesses in this action live in the Eastern District of

18 California;
19

WHEREAS, the parties to this action, by and through their attorneys, hereby stipulate and

20 that the Eastern District of California is the appropriate venue for this action;
21

WHEREAS, the parties attempted to effectuate a transfer through the state court system by

22 filing a stipulation to transfer this case from the San Francisco Superior Court to the Sacramento
23 Superior Court. Although the San Francisco Superior Court issued an order on July 25, 2016
24 transferring this case (see Attachment A), the Sacramento Superior Court had not processed the
25 transfer or given this matter a case number prior to AMRG’s July 29, 2016 removal deadline.
26 Accordingly, the Parties agreed that Defendant’s counsel removed the case to this Court so as not
27 to waive its right to remove, and that the Parties would thereafter file this instant Stipulation to
28 move this matter to the appropriate venue in the Eastern District of California;
83595606v2

-1-

CASE NO. 3:16-cv-04316-MEJ

JOINT STIPULATION AND ORDER TO TRANSFER VENUE

1

THEREFORE, the Parties agree and stipulate to transfer this action from the United States

2 District Court for the Northern District of California to the United States District Court for the
3 Eastern District of California, pursuant to 28 U.S.C. § 1406(a);
4

FURTHER, given that Plaintiff plans to file an amended complaint, the Parties further

5 stipulate that Defendant shall have 35 days after the date the action is docketed and assigned to a
6 judge in the Eastern District of California to file a responsive pleading to Plaintiff’s complaint.
7

IT IS SO STIPULATED.

8
9 DATED: August 2, 2016
10

SEDGWICK LLP
By: _/s/ Stephanie A. Sheridan________________
Stephanie A. Sheridan
Attorneys for Defendant
AM RETAIL GROUP, INC.

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DATED: August 2, 2016

STONEBARGER LAW
By: _/s/_Richard D. Lambert__________________
Richard D. Lambert
Attorneys for Plaintiff
MARIA RAMOS

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18 Local Rule 5-1 Attestation
19

I attest that that Plaintiff’s counsel Richard Lambert concurs in this filing’s content and has

20 authorized the filing.
21
DATED: August 2, 2016

SEDGWICK LLP

22
By: _/s/ Stephanie A. Sheridan________________
Stephanie A. Sheridan
Attorneys for Defendant
AM RETAIL GROUP, INC.

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83595606v2

CASE NO. 3:16-cv-04316-MEJ
-2JOINT STIPULATION AND ORDER TO TRANSFER VENUE

1

[PROPOSED] ORDER

2
PURSUANT TO STIPULATION, IT IS SO ORDERED: This action is hereby
3
transferred to the United States District Court for the Eastern District of California.
4
IT IS FURTHER ORDERED THAT Defendant shall have 35 days after the date the
5
action is docketed and assigned to a judge in the Eastern District of California to file a responsive
6
pleading to Plaintiff’s complaint.
7
8

IT IS SO ORDERED.

9
10 Dated:

August 3, 2016

HONORABLE MARIA-ELENA JAMES
United States Magistrate Judge

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83595606v2

CASE NO. 3:16-cv-04316-MEJ
-3JOINT STIPULATION AND ORDER TO TRANSFER VENUE

EXHIBIT A

59326822
Jul 25 2016
04:46PM