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)

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1 JAMES T. HANNINK (131747) jhannink@sdlaw.com 2 ZACH P. DOSTART (255071) zdostart@sdlaw.com 3 DOSTART HANNINK & COVENEY LLP 4180 La Jolla Village Drive, Suite 530 4 La Jolla, California 92037-1474 Tel: 858-623-4200 5 Fax: 858-623-4299 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: 619-236-9600 Fax: 619-236-9669 11 GREGORY G. ISKANDER, (200215) 12 LITTLER MENDELSON, P.C. Treat Towers 13 1255 Treat Boulevard, Suite 600 Walnut Creek, California 94597 14 Tel: 925-932-2468 Fax: 925-946-9809 15 Attorneys for Defendants 16 RENT-A-CENTER, INC. and RENT-A-CENTER WEST, INC. 17 18 UNITED STATES DISTRICT COURT 19 NORTHERN DISTRICT OF CALIFORNIA, SAN FRANCISCO DIVISION 20 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. 28 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 13 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 20 / / / 21 / / / 22 / / / 23 / / / 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 2 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 11 12 13 14 ORDER 15 Having reviewed and considered the foregoing Stipulation, and finding good cause, 16 IT IS HEREBY ORDERED that: 17 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 28 3 STIP. AND [PROPOSED] ORDER FOR (1) FILING OF SECOND AMENDED COMPLAINT AND (2) WITHDRAWAL OF MOTION TO TRANSFER 3:17-CV-02335-WHA

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