Blair v. Rent-A-Center, Inc. et al

Filing 41

ORDER GRANTING WITHDRAWAL OF MOTION TO TRANSFER, GRANTING LEAVE TO AMEND COMPLAINT, AND VACATING HEARING ON MOTION TO TRANSFER re #40 STIPULATION WITH PROPOSED ORDER filed by Paula L. Blair Signed by Judge Alsup on 7/7/2017. (whalc1, COURT STAFF) (Filed on 7/7/2017)

1 JAMES T. HANNINK (131747)
[e-mail]
2 ZACH P. DOSTART (255071)
[e-mail]
3 DOSTART HANNINK & COVENEY LLP
4180 La Jolla Village Drive, Suite 530
4 La Jolla, California 92037-1474
Tel: [phone]
5 Fax: [phone]
6 Attorneys for Plaintiff
7 VICKI E. TURNER (106431)
ROBERT K. DIXON (262252)
8 KIRSTEN F. GALLACHER (286137)
WILSON TURNER KOSMO LLP
9 550 West C Street, Suite 1050
San Diego, California 92101
10 Tel: [phone]
Fax: [phone]
11
GREGORY G. ISKANDER, (200215)
12 LITTLER MENDELSON, P.C.
Treat Towers
13 1255 Treat Boulevard, Suite 600
Walnut Creek, California 94597
14 Tel: [phone]
Fax: [phone]
15
Attorneys for Defendants
16 RENT-A-CENTER, INC. and
RENT-A-CENTER WEST, INC.
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18

UNITED STATES DISTRICT COURT

19

NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION

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21 PAULA L. BLAIR, individually and on behalf
of all others similarly situated,
22
Plaintiff,
23
vs.
24
RENT-A-CENTER, INC., a Delaware
25 corporation; RENT-A-CENTER WEST, INC.,
a Delaware corporation; and DOES 1-50,
26 inclusive,
27

CASE NO. 3:17-CV-02335-WHA
STIPULATION AND [PROPOSED]
ORDER FOR (1) FILING OF SECOND
AMENDED COMPLAINT AND
(2) WITHDRAWAL OF DEFENDANTS’
MOTION TO TRANSFER AND
VACATUR OF HEARING
Judge: Hon. William H. Alsup

Defendants.

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STIP. AND [PROPOSED] ORDER FOR (1) FILING OF SECOND AMENDED
COMPLAINT AND (2) WITHDRAWAL OF MOTION TO TRANSFER

3:17-CV-02335-WHA

STIPULATION

1

WHEREAS, on June 2, 2017, defendants Rent-A-Center, Inc. and Rent-A-Center West,

2

3 Inc. (“Defendants”) filed a Motion to Transfer Action to the Central District of California
4 (Dkt. No. 20) (“Motion to Transfer”), which is currently set for hearing on July 13, 2017;
WHEREAS, on July 5, 2017, counsel for plaintiff Paula Blair (“Plaintiff”) has notified

5

6 counsel for defendants that Plaintiff intends to seek leave to file a Second Amended Complaint,
7 which will add as named plaintiffs in this action Andrea Robinson and Falechia Harris, both of
8 whom reside in the Northern District of California;
WHEREAS, the parties agree that the filing of the Second Amended Complaint will

9

10 substantially moot the arguments made by Defendants in the Motion to Transfer; and
WHEREAS, in view of Plaintiff’s intention to file the Second Amended Complaint,

11

12 Defendants have given notice that they intend to withdraw the Motion to Transfer;
NOW, THEREFORE, through their respective counsel, Plaintiff and Defendants hereby

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14 stipulate and agree as follows:
1.

15

Plaintiff should be granted leave to file a Second Amended Complaint in the form

16 attached hereto as Exhibit A;
17

2.

Defendants should be permitted to withdraw the pending Motion to Transfer;

18

3.

In view of Defendants’ withdrawal of the Motion to Transfer, the hearing

19 scheduled for July 13, 2017 should be vacated; and
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STIP. AND [PROPOSED] ORDER FOR (1) FILING OF SECOND AMENDED
COMPLAINT AND (2) WITHDRAWAL OF MOTION TO TRANSFER

3:17-CV-02335-WHA

4.

1

In view of Defendants’ withdrawal of the Motion to Transfer, the depositions of

2 Dashon Lee and Lester Mills, currently scheduled for July 7, 2017 pursuant to the Order Re
3 Pending Motion to Transfer (Dkt. No. 39), should be taken off calendar.
IT IS SO STIPULATED.

4

5 Dated: July 6, 2017

DOSTART HANNINK & COVENEY LLP

6

8

/s/ James T. Hannink
JAMES T. HANNINK
Attorneys for Plaintiff

9 Dated: July 6, 2017

WILSON TURNER KOSMO LLP

7

10
/s/ Vickie E. Turner
VICKIE E. TURNER
Attorneys for Defendants

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12
13
14

ORDER

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Having reviewed and considered the foregoing Stipulation, and finding good cause,

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IT IS HEREBY ORDERED that:

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1.

Plaintiff’s request for leave to file the Second Amended Complaint is GRANTED.

18 Plaintiff shall file the Second Amended Complaint within three (3) court days of the entry of this
19 Order.
20

2.

Defendants’ request to withdraw the pending Motion to Transfer is GRANTED.

21

3.

The hearing on the Motion to Transfer, scheduled for July 13, 2017, is VACATED.

22

4.

In view of Defendants’ withdrawal of the Motion to Transfer, the depositions of

23 Dashon Lee and Lester Mills shall be taken off calendar.
24

IT IS SO ORDERED.

July 7, 2017.
25 Dated:___________________, 2017
26
27

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE

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3
STIP. AND [PROPOSED] ORDER FOR (1) FILING OF SECOND AMENDED
COMPLAINT AND (2) WITHDRAWAL OF MOTION TO TRANSFER

3:17-CV-02335-WHA