Seebrook v. The Children's Place Retail Stores, Inc.

Filing 29

ORDER Granting (28 in 4:11-cv-00837-CW) Stipulation Relating Cases. This Order also Grants (27 in 4:11-cv-00837-CW) Motion to Relate. Signed by Judge Claudia Wilken on 6/24/2011. (ndr, COURT STAFF) (Filed on 6/24/2011)

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COOLEY LLP
MICHELLE C. DOOLIN (179445) ([e-mail])
MAZDA K. ANTIA (214963) ([e-mail])
JENNIFER M. FRENCH (265422) ([e-mail])
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
[phone]
Facsimile:
[phone]

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Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES, INC.

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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OAKLAND DIVISION

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GALINA SEEBROOK, individually and on
behalf of all others similarly situated,

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Plaintiffs,

Case No. 11-cv-00837-CW
STIPULATION AND ORDER RELATING
CASES

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v.
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THE CHILDREN’S PLACE RETAIL
STORES, INC., a Delaware corporation,
Defendant.

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COOLEY LLP
ATTORNEYS AT LAW

CASE NO. 11-CV-00837-CW

SAN DIEGO

STIPULATION AND [PROPOSED] ORDER RELATING CASES

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Pursuant to Local Civil Rules 3-12, 7-11, and 7-12, counsel for plaintiff Galina Seebrook

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in Seebrook v. The Children’s Place Retail Stores, Inc., Case No. 11-cv-00837-CW

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(“Seebrook”), counsel for plaintiff Maria Isabel Beltran in The Children’s Place Retail Stores,

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Inc., et al., Case No. 11-cv-01664-CW ( “Beltran”), counsel for plaintiff Nicole DiSimone in

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DiSimone v. The Children’s Place Retail Stores, Inc., et al., Case No. 11-cv-02223-SC

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(“DiSimone”), counsel for plaintiff Kristen Hartman in Hartman v. The Children’s Place Retail

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Stores, Inc., et al., Case No. 11-cv-02604-JSC, and counsel for defendant The Children’s Place

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Retail Stores, Inc. (“Children’s Place”) jointly submit the following Stipulation that the four

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cases are related.

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RECITALS

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WHEREAS, on February 17, 2011, plaintiff Nicole DiSimone filed the above-referenced

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putative class action lawsuit against defendant Children’s Place in the Superior Court of the State

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of California, County of Los Angeles;

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WHEREAS, on February 23, 2011, plaintiff Galina Seebrook filed this putative class
action lawsuit against defendant Children’s Place in this Court;

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WHEREAS, on March 9, 2011, plaintiff Maria Isabel Beltran filed the above-referenced

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putative class action lawsuit against defendant Children’s Place in the Superior Court for the State

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of California, County of San Francisco;

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WHEREAS, on March 28, 2011, Children’s Place removed the DiSimone case to the
United States District Court for the Central District of California;

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WHEREAS, on April 6, 2011, Children’s Place removed the Beltran action to the United
States District Court for the Northern District of California;

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WHEREAS, on April 18, 2011, the Honorable Claudia Wilken issued an order relating the
Seebrook and Beltran cases and reassigning the Beltran case to her docket;

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WHEREAS, on May 2, 2011, the Honorable A. Howard Matz ordered that the DiSimone

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action be transferred to the Northern District of California;

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COOLEY LLP

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CASE NO. 11-CV-00837-CW

ATTORNEYS AT LAW
SAN DIEGO

STIPULATION AND [PROPOSED] ORDER RELATING CASES

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WHEREAS, Children’s Place and plaintiffs Seebrook, Beltran, and DiSimone previously

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stipulated that their cases were related to each other, and on May 26, 2011, the Honorable

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Claudia Wilken issued an order relating the DiSimone case to the Seebrook and Beltran cases

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and reassigned the DiSimone case to her docket;

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WHEREAS, on June 1, 2011, plaintiff Kristen Hartman filed the above-referenced putative
class action lawsuit against defendant Children’s Place in this Court;

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WHEREAS, on June 22, 2011, Children’s Place filed an Administrative Motion to
Consider Whether these Actions Should Be Related; and

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WHEREAS, plaintiffs’ counsel and Children’s Place’s counsel agree that the Hartman

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action should be deemed related to the previously related Seebrook, Beltran, and DiSimone

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actions under Local Civil Rule 3-12.

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STIPULATION

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NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties
hereto through their respective counsel of record, that:

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1.

The Seebrook, Beltran, DiSimone, and Hartman actions are related within the

meaning of Civil Local Rule 3-12; and

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2.

The Case Management Conference currently set for July 12, 2011 (Seebrook,

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Beltran, and DiSimone) should be taken off calendar, and the Parties should be relieved of their

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obligations in connection with this Case Management Conference pending the Court’s ruling on

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the Administrative Motion to Consider Whether these Actions Should Be Related. A Joint Case

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Management Conference should be scheduled for a new date.

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[CONTINUED ON NEXT PAGE]

COOLEY LLP

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CASE NO. 11-CV-00837-CW

ATTORNEYS AT LAW
SAN DIEGO

STIPULATION AND [PROPOSED] ORDER RELATING CASES

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IT IS SO STIPULATED.

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Dated: June 22, 2011

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COOLEY LLP
MICHELLE C. DOOLIN (179445)
MAZDA K. ANTIA (214963)
JENNIFER M. FRENCH (265422)

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/s/ Jennifer M. French
Jennifer M. French

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Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES, INC.

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Dated: June 22, 2011

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HOFFMAN & LAZEAR
H. TIM HOFFMAN (049141)
ARTHUR W. LAZEAR (083603)
CHAD A. SAUNDERS (257810)

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/s/ Chad A. Saunders
Chad A. Saunders

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Attorneys for Plaintiff
GALINA SEEBROOK

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Dated: June 22, 2011

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HARRISON PATTERSON & O’CONNOR LLP
JAMES R. PATTERSON (211102)
MATTHEW J. O’CONNOR (203334)

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/s/ James R. Patterson
James R. Patterson

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Attorneys for Plaintiff
MARIA ISABEL BELTRAN

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COOLEY LLP

[CONTINUED ON NEXT PAGE]
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CASE NO. 11-CV-00837-CW

ATTORNEYS AT LAW
SAN DIEGO

STIPULATION AND [PROPOSED] ORDER RELATING CASES

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Dated: June 22, 2011

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RIDOUT & LYON, LLP
CHRISTOPHER P. RIDOUT (143931)
DEVON M. LYON (218293)
CALEB LH MARKER (269721)

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/s/ Caleb LH Marker
Caleb LH Marker

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Attorneys for Plaintiff
NICOLLE DiSIMONE

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Dated: June 22, 2011

STONEBARGER LAW, APC
GENE J. STONEBARGER (209461)
RICHARD D. LAMBERT (251148)

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/s/ Gene J. Stonebarger
Gene J. Stonebarger

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Attorneys for Plaintiff
KRISTEN HARTMAN

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COOLEY LLP

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CASE NO. 11-CV-00837-CW

ATTORNEYS AT LAW
SAN DIEGO

STIPULATION AND [PROPOSED] ORDER RELATING CASES

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FILER’S ATTESTATION

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Pursuant to General Order No. 45, Section X, Subparagraph B, the undersigned attests that

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all parties have concurred in the filing of this Stipulation Regarding Deadline to Respond to

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Complaint.

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Dated: June 22, 2011

COOLEY LLP
MICHELLE C. DOOLIN (179445)
MAZDA K. ANTIA (214963)
JENNIFER M. FRENCH (265422)

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/s/ Jennifer M. French
Jennifer M. French
Attorneys for Defendant
THE CHILDREN’S PLACE RETAIL STORES,
INC.

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COOLEY LLP

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CASE NO. 11-CV-00837-CW

ATTORNEYS AT LAW
SAN DIEGO

STIPULATION AND [PROPOSED] ORDER RELATING CASES

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ORDER

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Based on the foregoing, and good cause appearing, IT IS HEREBY ORDERED that:

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1.

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The Seebrook, Beltran, DiSimone, and Hartman actions are related within the

meaning of Civil Local Rule 3-12.
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The Case Management Conference currently set for July 12, 2011 (Seebrook,

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Beltran, and DiSimone) shall be taken off calendar, and the Parties are relieved of their

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obligations in connection with this Case Management Conference. The Court shall issue a new

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scheduling order for a Joint Case Management Conference for all four related cases.

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IT IS SO ORDERED.

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Dated: 6/24/2011
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_______________________________________
THE HONORABLE CLAUDIA WILKEN
UNITED STATES DISTRICT JUDGE

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COOLEY LLP

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CASE NO. 11-CV-00837-CW

ATTORNEYS AT LAW
SAN DIEGO

STIPULATION AND [PROPOSED] ORDER RELATING CASES