Seebrook v. The Children's Place Retail Stores, Inc.
Filing
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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) (doolinmc@cooley.com)
MAZDA K. ANTIA (214963) (mantia@cooley.com)
JENNIFER M. FRENCH (265422) (jfrench@cooley.com)
4401 Eastgate Mall
San Diego, CA 92121
Telephone:
(858) 550-6000
Facsimile:
(858) 550-6420
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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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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
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